03-201-1 Me. Code R. § II
Written policy, procedure and practice provide for an Administrator who is responsible for facility management and operations.
Evidence of Compliance: Written policy and procedure. Written appointment. Job description. Agency organizational chart.
The Administrator shall develop, implement and maintain a set of written policies and procedures describing all aspects of facility administration and operation. All policies and procedures shall be authorized by the Sheriff or Multi-County Jail Authority. At a minimum, policies and procedures must address all mandatory standards.
Evidence of Compliance: Job description for Administrator. Facility policy and procedure table of contents. Sample policies. Policies should be annotated with all applicable standards.
Policies and procedures should be reviewed by the Administrator on an annual basis and whenever there are changes to applicable law and should be revised as needed. Prior to implementation, any recommended revisions shall be forwarded to the Sheriff or Multi-County Jail Authority for authorization.
Evidence of Compliance: Job description for Administrator. Memorandum describing policy revision protocols. Interviews.
The Administrator shall ensure that the Department of Corrections has a current set of policies and procedures, including any revisions, so that the Department may review them for compliance with jail standards.
Evidence of Compliance: Job description for Administrator. Documented correspondence with the Department of Corrections.
Current policies and procedures shall be available to all facility staff, and, where appropriate, are distributed to contractors, volunteers, student interns, and/or inmates.
Evidence of Compliance: Signed acknowledgement of policy by staff, contractors, volunteers, student interns, and/or inmates. Memorandum identifying location of policy and procedure manual(s).
Interviews. Observations.
The Administrator shall maintain a system to monitor facility operations and programs to ensure compliance with written policies and procedures and standards. Facility compliance monitoring should be managed by a supervisory level staff person.
Evidence of Compliance: Written policy and procedure. Written appointment. Job description. Agency organizational chart. Internal compliance reports.
The Administrator shall employ or designate a supervisory level Prison Rape Elimination Act (PREA) Coordinator with sufficient time and authority to develop, implement, and oversee facility efforts to comply with the PREA standards.
Evidence of Compliance: Written policy and procedure. Written appointment. Job description. Agency organizational chart. Interview. Documentation of agency compliance efforts.
Written policy and procedure and practice provide for the submission of daily population reports utilizing the Bed Availability Reporting System (BARS) or other reporting system approved by the Commissioner of Corrections. These daily reports must be entered into the system by 9:00 a.m. and reflect the jail's population count as of 12:00 a.m. for the day reported.
Evidence of Compliance: Written policy and procedure. BARS Report(s). Facility count logs.
There shall be a system for maintaining a daily and monthly accounting of the facility's juvenile population where applicable. The Monthly Population Report Form (Appendix I) must be completed for each facility and submitted to the Department of Corrections, Juvenile Compliance Monitor, no later than the fifteenth of the following month.
Evidence of Compliance: Written policy and procedure. Monthly population reports. Facility booking logs.
Written policy, procedure and practice provide for an accurate management information system to collect, record, and process data for purposes of identifying population trends and needs.
Evidence of Compliance: Written policy and procedure. Correlated Data records.
Written policy, procedure and practice provide for a system to account for all funds and disbursements that comply with generally accepted accounting principles, Governmental Accounting Standards Board (GASB) pronouncements, and state law. This shall include a system for the accounting of individual inmate accounts and a system for the accounting of the inmate benefit account separate from all other facility accounts. Use of funds in the inmate benefit fund account shall be approved by the Sheriff or Administrator to directly benefit the inmate population. Inmate benefit funds shall not be used to expand, reduce, or supplement a facility's operational budget.
Evidence of Compliance: Written policy and procedure. Current audit report from an accredited CPA. Ledger of inmate benefit fund accruals and expenditures. Samples of individual inmate accounts. Interviews.
The Sheriff or Administrator should maintain a disaster recovery plan for all software programs, security systems, records, financial information, and other data stored in electronic media.
Evidence of Compliance: Written policy and procedure. Current disaster recovery plan. Specs on electronic systems.
The Sheriff or Administrator should provide inmates reasonable access to their records except as prohibited by Federal or State law.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Inmate requests. Interviews.
The Sheriff or Administrator shall ensure the death of an inmate is reported to the Office of the Chief Medical Examiner, State Police Criminal Investigation Division, Attorney General's Office, and the Department of Corrections in accordance with the protocols established by the Maine Attorney General's Office. (Appendix G, Death Investigation Protocol, IV.C.)
Evidence of Compliance: Written policy and procedure. Inmate records. Documented phone calls or written correspondence with the Office of the Chief Medical Examiner, State Police Criminal Investigation Division, Attorney General's Office, and the Department of Corrections.
Written policy, procedure and practice provide that accurate and current records should be maintained for each individual inmate. The suggested minimum content of an inmate's file includes:
Evidence of Compliance: Written policy and procedure. Inmate records.
Written policies, procedure and practice prevent unauthorized disclosure of inmate records or other inmate information consistent with state and federal laws.
Evidence of Compliance: Written policy and procedure. Inmate record requests and/or transfers. Interviews.
The sheriff shall appoint a board of 7 visitors for the jail, or in conjunction with one or more other sheriffs a joint board of 7 visitors, with membership as set out in Maine Title 30-A §1651. The board shall be provided physical access to the jail in order to inspect the jail subject to reasonable restrictions required by the sheriff to ensure the security of the jail. The board shall be provided the opportunity to speak to inmates and staff. The board shall be provided with any information that it requests with regard to the management of the jail. The board shall be provided with the training specified in Maine Title 30-A §1651. The sheriff shall consider and respond to recommendations made by the board in its annual report with respect to services or treatment for inmates who are mentally ill and the management of the jail.
Evidence of Compliance: Records of appointment of board members and of visits by the board. Responses of the sheriff to board recommendations.
Each facility shall have a qualified staff person with specialized training as an instructor who is responsible for developing, coordinating, providing, and maintaining records of staff training.
Evidence of Compliance: Job description. Current facility organizational chart. Instructor training certificate(s).
Written policy, procedure and practice provide that all staff orientation and training be documented in an individual's personnel or training file. At a minimum, documentation should include:
Evidence of Compliance: Written policy and procedure. Training records.
All new staff, volunteers and student interns should be provided with an orientation program prior to being assigned to duty. At a minimum orientation should include:
Evidence of Compliance: Written policy and procedure. Orientation curriculum. Orientation acknowledgments. Interviews.
Written policy, procedure and practice provide that in addition to the orientation referenced in B.3, all new correctional officers shall complete a pre-assignment training program as required by the Maine Criminal Justice Academy (MCJA).
Evidence of Compliance: Written policy and procedure. Training records. MCJA Certificates.
Written policy, procedure and practice provide that all Correctional officers shall be required to maintain annual certification in accordance with the requirements established by the MCJA.
Evidence of Compliance: Written policy and procedure. Training records. MCJA Certificates.
Written policy, procedure and practice provide that facility administration and supervisory staff should receive supervisory training consistent with facility policies and employee union obligations where applicable.
Evidence of Compliance: Written policy and procedure. Promotion Notices. Staff training records.
All training should be based on and consistent with policies and procedures of the facility.
Evidence of Compliance: Written policy and procedure. Training records. Interviews.
Written policy, procedure and practice provide that security staff authorized by the Sheriff or, in the case of a regional jail, the Administrator to use a firearm shall receive training and qualify in its use at least annually by an MCJA qualified instructor or equivalent.
Evidence of Compliance: Written policy and procedure. Inventory of authorized staff. Training records.
Written policy, procedure and practice provide that staff authorized by the Sheriff or Administrator to use chemical agents or less than lethal weapons shall receive training in their use and handling.
Evidence of Compliance: Written policy and procedure. Inventory of authorized staff. Training records. Interviews.
Written policy, procedure and practice provide that at least one staff member on each shift should be certified in a nationally recognized First Aid Program such as the American Red Cross Standard First Aid or the National Safety Council First Aid Program. Written policy, procedure and practice provide that at least one staff member on each shift should be trained in the use of naloxone.
Evidence of Compliance: Shift rosters. Certifications (medical staff may be included).
Written policy, procedure and practice provide that all correctional officers shall receive and maintain certification in Adult Cardiopulmonary Resuscitation (CPR).
Evidence of Compliance: Shift rosters. Training records. Certifications.
Written policy, procedure and practice provide that all correctional officers shall receive annual training in inmate suicides. Training shall include, at a minimum: suicide risk factors, suicide prevention, and facility suicide procedures and intervention practices. Suicide training shall be reviewed and approved by a qualified medical or mental health professional.
Evidence of Compliance: Training curriculum. Training records. Written approval by qualified medical or mental health professional.
Fire prevention practices of the facility shall be inspected annually by the State Fire Marshal's Office or a local fire department and approved to determine compliance with fire preventative practices for detention/correctional facilities of the National Fire Prevention Association, Life Safety Codes. At a minimum, these practices shall be documented and shall include:
Evidence of Compliance: Written policy and procedure. Inspection reports. Test logs. Facility logs. Meeting minutes/notes. Written MOU/MOA. Interviews. Observations.
An emergency electrical power system shall be in place so that the facility can make a quick recovery in order to maintain essential services, security, and safety. The equipment shall be tested in accordance with NFPA requirements.
Evidence of Compliance: Written policy and procedure. Written post orders. Equipment specs. Test logs.
All security perimeter entrances, control center doors, and housing unit doors should be kept locked except when in use. Doors to vacant housing units, unassigned cells, and storage rooms should be locked at all times.
Evidence of Compliance: Written policy and procedure. Interviews. Observations.
Each facility shall establish security perimeters that are maintained at all times to control access to and egress from the facility and control inmate movement. The facility shall operate a control center to monitor and/or control, at a minimum:
Evidence of Compliance: Written policy and procedure. Schematic. Observations.
An audio monitoring system providing two-way communications shall be maintained, at a minimum, between the Control Center and:
Evidence of Compliance: Written policy and procedure. Schematic. Observations.
At no time shall inmates have access to facility control rooms.
Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.
Correctional officer posts shall be designed and located to permit officers to hear and respond promptly to problems in inmate-occupied areas.
Evidence of Compliance: Schematic. Observations.
There should be written Post Orders for each facility's security post that define the specific task(s) that staff are required to perform when assigned to the specific post. Post Orders should be based on and consistent with facility policies and procedures and standards. Post orders should be reviewed and acknowledged by signature, at minimum, every six months by corrections officers assigned to the post.
Evidence of Compliance: Written policy and procedure. Written post orders. Signed acknowledgements. Interviews. Observations.
The following information shall be recorded by each shift in the facility log and individual staff post assignment logs.
As a part of shift change, the Shift Supervisor going off duty shall review and verify that the log is a complete and accurate record of activities during his/her shift.
Evidence of Compliance: Written policy and procedure. Facility logs. Interviews. Observations.
All entries made in logs, to include electronic logs, should be:
(http://www.maine.gov/sos/arc/records/local/schedulem.doc)
Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Interviews. Observations.
A combination of weekly inspections by the Administrator or designee and daily inspections by a Shift Supervisor shall be conducted to ensure the following:
The name of the person conducting the inspection, date, time and results should be recorded. Any identified problems should be noted by the Administrator or forwarded in writing to the Administrator for corrective action.
Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Maintenance orders. Interviews. Observations.
The Administrator shall implement a system to formally account for and identify the location of all inmates they are responsible for who are in the facility, on escape status, participating in release programs, or housed in other facilities, e.g., other jails, hospitals, annex. At a minimum, inmate counts shall be conducted at least once during each shift and verified by supervisory staff as part of shift change. The results of all counts shall be logged. The Administrator shall establish a system for documenting the housing and/or cell assignment of all inmates within their facility or annex, on a daily basis.
Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Interviews. Observations.
With the exception of high risk escorts, the use of restraint equipment to control behavior within a facility should only be done in exigent circumstances and require authorization from a supervisory level staff person to prevent immediate and real harm to self or others. All usage of restraints in a facility is to be fully documented in an Incident Report. When an inmate is placed in restraints, he/she should:
Evidence of Compliance: Written policy & procedure. Facility logs. Incident reports. Interviews.
Leg or waist restraints may not be used at any time on a pregnant inmate. No restraints may be used on an inmate while in labor or during childbirth. If wrist restraints are used on a pregnant inmate at another time, the corrections officer must apply the least restrictive type of restraints in the least restrictive manner necessary. The Administrator or designee shall produce written findings within 10 days as to the extraordinary circumstance (substantial flight risk or other extraordinary medical or security circumstance that requires restraints to be used to ensure the safety and security of the pregnant inmate) that required the use of the restraints.
Evidence of Compliance: Written policy & procedure. Incident reports. Facility logs. Inmate records. Interviews.
Searches of the facility, staff, contractors, volunteers, student interns, civilians, and inmates to control contraband and maintain security should be governed by written policies and procedures. At no time are searches to be used to intimidate, degrade, harass, or punish any person.
Evidence of Compliance: Written policy and procedure. Facility logs. Interviews. Observations.
Searches of arrestees shall be conducted in compliance with the rules promulgated by the Maine Attorney General (Appendix G). The search of a transgender arrestee shall be consistent with the arrestee's consistently held gender identity except when such search would present significant management or security problems to the jail or threaten the health and safety of the arrestee.
Evidence of Compliance: Written policy and procedure. Search logs. Interviews.
All items brought to or received by a facility for an inmate(s) should be subject to search.
Evidence of Compliance: Written policy and procedure. Written post orders. Mail logs. Interviews. Observations.
The Administrator or supervisory designee shall promote facility security by utilizing the following search protocols:
Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Interviews. Observations.
All correctional officers shall be familiar with the facility's locking system(s) and shall be able to release and evacuate inmates from the facility using both the facility's electronic and manual locking system.
Evidence of Compliance: Training records. Facility logs. Interviews. Observations.
A system shall govern the control and use of all keys and electronic scan cards. At a minimum, this shall include:
Evidence of Compliance: Written policy and procedure. Written post orders. Job description. Key inventories. Facility logs. Interviews. Observations.
At least two duplicate sets of keys necessary to evacuate all areas of the facility and labeled "Emergency Keys", shall be readily available for use in emergency situations. In accordance with NFPA Code 14.7.5 & 15.7.5 emergency keys shall be individually identifiable by touch and sight. A second set of emergency keys shall be kept in a secure area, readily available, outside the facility security perimeter.
Evidence of Compliance: Written policy and procedure. Key inventories. Interviews. Observations.
A system shall be maintained to govern the control and use of tools. Such items shall be accounted for daily and shall be securely stored and controlled.
Evidence of Compliance: Written policy and procedure. Written post orders. Tool inventories. Facility logs. Interviews. Observations.
When not in use or being carried for possible use, chemical agents, restraints, and security equipment should be stored securely and accessible only by authorized staff.
Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.
Weapons shall not be permitted inside the secure perimeter of the facility except during emergency situations, and when authorized by the Sheriff or Administrator. In emergency situations, correctional officers shall use only those weapons approved for use in writing by the Sheriff or, in the case of a regional jail, the Administrator. Firearms, ammunition, and weapons intended for use inside the facility in an emergency situation shall be securely stored outside the security perimeter and readily accessible in the event of an emergency. Additional secure storage shall be provided outside of the secure perimeter for weapons brought to the facility by law enforcement and other personnel.
Evidence of Compliance: Written policy and procedure. Inventory of approved weapons by Sheriff. Incident reports. Facility logs. Interviews. Observations.
Incident Reports shall be completed on any use of firearms, chemical agents, or less than lethal weapons within the facility. These reports shall be completed by all staff involved in, or witness to, the incident prior to going off duty. Such reports shall be submitted to; reviewed and signed by the Administrator or supervisory designee.
Evidence of Compliance: Written policy and procedure. Incident reports. Facility logs.
Any person, on whom chemical agents, firearms, less than lethal weapons or defensive/restraint equipment is used, shall receive medical attention for any injury or complaint of injury as soon as possible. Medical attention or refusal of medical attention should be documented.
Evidence of Compliance: Written policy and procedure. Inmate records. Incident reports. Facility logs. Interviews.
In those facilities with Emergency Response or Special Tactical Teams, there should be written policies and procedures on the teams' organization, qualifications, training, use, and equipment.
Evidence of Compliance: Written policy and procedure. Written post orders. Training records.
Non-deadly force by a correctional officer shall be governed by written policy and procedures in compliance with constitutional law and Maine statutes and shall be limited to the use of a reasonable degree of force when and to the extent reasonably believed necessary to:
Any use of non-deadly force shall be documented in a written report to the Administrator or supervisory designee by the officer(s) involved. At a minimum, this report shall include:
The written policy and procedure shall prohibit the use of chokeholds, strangleholds, carotid holds, and any other technique that physically compromises the airway, breathing, or blood flow to the head in circumstances where non-deadly force is appropriate.
Evidence of Compliance: Written policy and procedures. Incident Reports. Interviews.
Use of deadly force by a correctional officer shall be governed by written policies and procedures in compliance with constitutional law and Maine Statutes and shall be used only when the correctional officer reasonably believes such force is necessary:
Any use of deadly force shall be fully investigated and documented in a written report to determine compliance with Maine Statutes.
Evidence of Compliance: Written policy and procedure. Incident reports. Investigative reports. Interviews.
Written policy and procedures require that an officer who witnesses another officer using what he/she reasonably believes to be an unreasonable and/or unnecessary use of force has a responsibility to intervene to protect the safety and the rights of the subject involved and that the officer shall document in a written report to the Administrator or supervisory designee the officer's efforts at intervention. Written policy and procedures require that any officer or other staff who witnesses use of force that he/she believes to be unreasonable, unnecessary or a substantial deviation from known standards of corrections training shall verbally report their observations to a supervisor as soon as practicable and later document those observations in a written report to the Administrator or supervisory designee.
Evidence of Compliance: Written policy and procedures. Incident Reports. Interviews.
Written policy and procedures require that any use of force is based solely on an individual's behavior and is not in any way based on or increased due to race, color, ethnicity, national origin or ancestry, gender, sexual orientation, gender identity, religion, creed, socioeconomic status, age, or physical or mental disability. Written policy and procedures require that any officer or other staff who witnesses use of force that he/she believes to be based not solely on an individual's behavior or is also based on or increased due to race, color, ethnicity, national origin or ancestry, gender, sexual orientation, gender identity, religion, creed, socioeconomic status, age, or physical or mental disability shall verbally report their observations to a supervisor as soon as practicable and later document those observations in a written report to the Administrator or supervisory designee.
Evidence of Compliance: Written policy and procedures. Incident Reports. Interviews.
Force shall not be used as punishment.
Evidence of Compliance: Incident Reports. Interviews.
The Administrator should keep a record of all incidents which result in physical harm to an individual or threaten the safety or security of the facility in accordance with the state retention schedule.
(http://www.maine.gov/sos/arc/records/local/schedulem.doc)
Evidence of Compliance: Written policy and procedure. Incident reports.
The Sheriff or Administrator shall ensure that an up-to-date set of facility floor plans and specifications are maintained and available for use in emergencies.
Evidence of Compliance: Written policy and procedure. Observations.
Written policy, procedure and practice provide for sufficient full-time certified correctional staff to perform all functions related to security, custody, programs, and supervision of all inmates and the operation of the facility in compliance with Maine Standards for Jails. Each facility shall complete annually and submit to the Department of Corrections, Inspections Division a current staffing inventory to include all security, custody, program, support and administrative positions by shift.
Evidence of Compliance: Written policy and procedure. Documentation of annual submission to DOC.
Written policy, procedure and practice provide a staffing analysis be conducted by each Administrator establishing a staffing plan that details staff assignments, staff levels, and staff patterns for the facility. Staffing plans shall be submitted to the Department of Corrections so it may establish minimum staffing levels for new facilities. Any proposed changes to the use or operations of a facility that may affect the staffing levels approved shall be submitted to the Department of Corrections for review and approval.
Evidence of Compliance: Written policy and procedure. Staffing analysis. Documented approval of minimum staffing plan from DOC.
All inmates shall be personally supervised by a correctional officer(s) within the following minimum time intervals:
In facilities designed with direct supervision units for the general population, correctional officers shall be assigned and present in the units on a continuous basis during waking hours.
In cases where an inmate may be exhibiting signs of withdrawal, lack of control, suicidal behavior, or pose some other risk to self or others, correctional staff shall notify his/her supervisor and take immediate action to ensure the safety of the inmate and others until evaluated by medical or mental health professionals.
Evidence of Compliance: Written policy and procedure. Written post orders. Classification records. Facility logs. Interviews. Observations.
Visual surveillance equipment, if used in inmate toilet, cell, or shower areas, shall be located to preserve inmate rights of privacy.
Evidence of Compliance: Written policy and procedure. Printed camera images. Shift rosters. Interviews. Observations.
Direct or personal supervision of female inmates by male correctional officers, male inmates by female correctional officers, and transgender or intersex inmates should be accomplished in a manner that attempts to preserve the privacy of inmates and staff.
Evidence of Compliance: Written policy and procedure. Interviews. Observations.
No correctional officer shall enter a high-risk security area unless the area is monitored and back-up staff is available to assist and intervene.
Evidence of Compliance: Written policy and procedure. Written post orders. Interviews. Observations.
Sentenced inmates granted a position of trust pursuant to Maine statutes should be supervised when outside of their living areas.
Evidence of Compliance: Written policy and procedure. Classification records. Facility logs. Interviews. Observations.
Inmates should be prohibited from supervising, controlling, exerting influence or assuming any authority whatsoever over other inmates.
Evidence of Compliance: Written policy and procedure. Inmate rules & regulations. Disciplinary records. Interviews. Observations.
The facility admitting officer, at a minimum, should identify the arresting or committing officer and verify that he/she provides proper documentation for the admission. This includes proper documentation in cases where a person is brought to the facility prior to an appearance in court.
Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Interviews. Observations.
If any inmate is unconscious or shows sign of or complains of other serious injury or wounds, and the inmate is not being held or committed by order of a court, the inmate may not be held at the facility until the arresting/transporting officer has secured written documentation from a physician that the inmate was examined and/or treated or of the physician or inmate's refusal to treat or be treated.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate records. Interviews.
In cases where an inmate may be exhibiting signs of withdrawal, lack of control, intoxication, suicidal ideation/behavior, or poses some other risk to self or others, the admitting officer shall notify his/her supervisor and take immediate action to help ensure the safety of the inmate and others until the inmate can be evaluated by medical or mental health professionals.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate records. Incident reports. Interviews.
All inmates either being admitted or returning from off-grounds activities should be searched when entering the facility's secure perimeter. At a minimum, the admitting officer should conduct a complete and thorough pat search of all individuals being admitted. Searches of arrestees shall be conducted in compliance with the rules promulgated by the Maine Attorney General. The search of a transgender inmate shall be consistent with the inmate's consistently held gender identity except when such search would present significant management or security problems to the jail or threaten the health and safety of the inmate.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate records. Facility logs. Interviews. Observations.
All money and valuables should be taken from the inmate as part of the booking process and should be securely stored. Medications shall be taken and stored pursuant to state law. An itemized inventory should be completed and signed by the inmate and officer at the time items are taken and returned. A copy of the inventory should be given to the inmate at the time of admission and a copy placed in the inmate file.
Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records. Interviews. Observations.
Written policy, procedure and practice provide that admission forms and intake screenings be completed for each inmate. Screening shall be completed by trained correctional staff or the facility medical/mental health provider, as applicable. Training in intake health screening for correctional staff shall be reviewed and approved, in writing, by medical/mental health professionals. At a minimum this documentation will include the following:
Evidence of Compliance: Written policy and procedure. Written post orders. Training records. Training approval by medical/mental health professionals. Inmate records. Interviews. Observations.
Written policy, procedure and practice provide that pre-trial detainees should be allowed to communicate with their family and/or attorney by completing at least two unmonitored phone calls as a part of the admission process.
Evidence of Compliance: Written policy and procedure. Post orders. Admission records. Phone logs. Interviews.
Written policy, procedure and practice provide that pre-trial detainees eligible for bail for whom bail has not been set be provided the opportunity to have bail set as a part of the admissions process.
Evidence of Compliance: Written policy and procedure. Post orders. Bail records. Interviews. Observations.
For sentenced inmates, the Sheriff or Administrator shall ensure a system for calculating periods of imprisonment is maintained in compliance with Maine Statutes.
Evidence of Compliance: Written policy and procedure. Written post orders. Inmate records.
After the booking process is completed, inmates to be housed should be required to disrobe and shower, and his/her clothing and personal effects inspected for possible contamination by vermin. Clothing taken from an inmate should be cleaned and disinfected before being placed in storage. If there is an indication of vermin contamination, disinfecting and delousing procedures as prescribed by medical staff in a standing order should be carried out. Disrobing and showering practices shall be conducted in a manner that ensures the privacy and dignity of the inmate. The purpose of this standard is to help prevent contamination and is not to be used as an opportunity to conduct a strip search.
Evidence of Compliance: Written policy and procedure. Post orders. Facility logs. Interviews.
Each inmate should be assigned to initial housing according to his/her immediate security risk, physical and mental condition, and all known relevant information.
Evidence of Compliance: Written policy and procedure. Post orders. Classification records.
Inmates should be provided clothing, when necessary, to include:
If providing clothing is necessary, a transgender inmate shall be provided clothing consistent with the inmate's consistently held gender identity.
Evidence of Compliance: Written policy and procedure. Post orders. Receipt or acknowledgement of issued items. Interviews. Observations. and procedure. Post orders. Inmate records. Facility logs.
Interviews. Observations.
The inmate should be provided with the following bedding and linen:
Evidence of Compliance: Written policy and procedure. Post orders. Receipt or acknowledgement of issued items. Interviews. Observations.
Inmates who do not have personal hygiene items shall be provided with the following without charge:
Access to menstrual products, including, but not limited to, sanitary pads and tampons, shall be made available whenever needed by the inmate.
Evidence of Compliance: Written policy and procedure. Post orders. Receipt or acknowledgement of issued items. Interviews. Observations.
Each inmate should be provided an orientation to the facility, its rules and regulations, programs, and services. Written orientation materials should be provided to the inmate as part of the admissions process. These materials should include, at a minimum:
If staff becomes aware that an inmate cannot read, orientation materials should be read to the inmate by a staff member or played for the inmate on video or audio tape. For inmates who do not speak English, orientation should be provided in their own language as soon as possible. Inmates should be required to verify receipt of orientation in writing. For inmates who are hearing impaired and cannot read, orientation should be provided using reasonable accommodations for the inmate's impairment.
Evidence of Compliance: Written policy and procedure. Post orders. Receipt or acknowledgement of Inmate handbook/orientation. Interviews.
At a minimum, release forms should include:
Evidence of Compliance: Written policy and procedure. Post orders. Inmate records. Interviews.
If it is known that an inmate being released has an existing warrant or other hold, the facility shall provide notification prior to release to the agency responsible for the warrant or other hold.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate records. Documented correspondence.
If it is known that the inmate being released to probation or supervised release for sex offenders has an existing warrant or other hold, the facility shall provide notification prior to release to a Department of Corrections Regional Correctional Administrator and/or Regional Correctional Manager in the region in which the inmate intends to reside.
(Contact information can be found at http://www.maine.gov/corrections/adult/index.htm)
Evidence of Compliance: Written policy and procedure. Post orders. Inmate records. Documented correspondence.
Written policy, procedure and practice provide that inmates who have a court order or probation, supervised release for sex offenders, or conditional release condition of no contact with a victim shall be notified of such conditions prior to release. Notification shall be documented.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate records. Interviews.
Each facility shall have a Classification Specialist or a staff member trained in classification techniques and theory who is responsible for the administration of classification procedures.
Evidence of Compliance: Written policy and procedure. Written post orders. Job description. Agency organizational chart. Training records.
Written policy, procedure and practice provide for and define each level of inmate classification. Inmate classification levels should include, at a minimum:
Evidence of Compliance: Written policy and procedure. Written post orders. Classification records.
Each classification level should reflect the:
Evidence of Compliance: Written policy and procedure. Inmate handbook. Classification records.
The facility classification process should involve collecting information on each inmate and verifying information where possible. The classification process shall be consistently applied by all staff. The basis for all classification decisions shall be described in writing.
Evidence of Compliance: Written policy and procedure. Written post orders. Classification records. Interviews.
An inmate's race, sex, color, creed, religion, gender, sexual orientation, age, disability or national origin shall not be the basis for classification decisions.
Evidence of Compliance: Written policy and procedure. Classification records. Interviews.
The classification process should provide for:
Re-classification to a higher security level should provide the same procedures.
Evidence of Compliance: Written policy and procedure. Written post orders. Inmate handbook. Classification records. Interviews.
Written policy, procedure and practice provide for an initial classification of each inmate within 72 hours of admission. The classification level of each inmate and his/her current status should be reviewed within 15 days of admission and at least every 90 days thereafter.
Evidence of Compliance: Written policy and procedure. Post orders. Classification records. Interviews.
Inmates should be permitted to request a review of their classification assignments, but not more frequently than every 60 days.
Evidence of Compliance: Written policy and procedure. Classification records. Inmate requests. Interviews.
Female inmates shall be provided cells and dayroom areas which provide separation and privacy from male inmates.
Evidence of Compliance: Written policy and procedure. Schematic. Observations.
Decisions on whether to house a transgender inmate with male or female inmates shall be made on a case by case basis. The housing assignment shall be consistent with the inmate's consistently held gender identity except when such placement would present significant management or security problems to the jail or threaten the health and safety of the inmate.
Evidence of Compliance: Written policy and procedure. Facility logs. Housing records. Interviews. Observations.
The detention of a juvenile in an adult facility shall comply with the restrictions on the placement of juvenile detention outlined in Maine Juvenile Code. Juveniles processed, held, detained, or housed in adult facilities shall be separated by sight and sound from the adult inmate population. When common support areas and corridors are used, scheduling and operational practices shall prevent contact of juveniles with adult inmates.
Evidence of Compliance: Written policy and procedure. Schematic. Facility logs. Interviews. Observations.
A written plan shall indicate the areas of each facility in which inmates must be separated. Consistent with the plan, the following separations of inmates must be provided:
Evidence of Compliance: Written policy and procedure. Schematic. Facility Logs. Interviews. Observations.
Jail staff shall address a transgender inmate in a manner that is consistent with the inmate's consistently held gender identity.
Evidence of Compliance: Written policy and procedure. Post orders. Interviews. Observations.
There should be two categories of inmate misconduct that may result in disciplinary action: infractions and offenses.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Disciplinary records.
Infractions are categorized as minor infractions and major infractions.
Minor infractions may be handled informally by a verbal reprimand, warning or counseling by a staff person; assignment of extra work; or deprivation or limitation of privileges for no more than 48 hours. In these cases, procedures should include:
A decision on an appeal should be rendered within 15 days of receipt of the appeal.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Disciplinary records. Interviews.
Inmates should be provided the following rights in matters referred for formal disciplinary hearing:
Evidence of Compliance: Written policy and procedure. Inmate handbook. Inmate records. Interviews.
If an inmate is found not guilty or the charge is dismissed, all but the applicable case number should be expunged from the inmate's file.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Inmate records.
Inmates may be placed in disciplinary segregation only after being found guilty of a violation and as a result of a disciplinary hearing. Documentation shall include at a minimum:
Evidence of Compliance: Written policy and procedure. Facility logs. Inmate records. Interviews.
The disciplinary board or officer shall specify the limitations on the furnishings and personal property that inmates may retain in disciplinary segregation, as well as limitations on other privileges. These limitations will be forwarded in writing to the Administrator. Inmates in disciplinary segregation shall be allowed access to the inmate grievance process and to the courts.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate handbook. Facility logs. Grievance records. Court communications. Disciplinary board notes.
The Administrator should periodically review disciplinary cases to determine compliance with established disciplinary policies and procedures.
Evidence of Compliance: Written policy and procedure. Disciplinary records with acknowledgement of review.
When it is necessary to place an inmate in administrative segregation, the highest ranking supervisor on duty should be notified at once, and the Administrator should be notified as soon as practical.
Release of an inmate from administrative segregation should be by a supervisor. The date, time, and reasons for release should be documented by the supervisor and the documentation placed in the inmate's file.
Evidence of Compliance: Written policy and procedure. Facility logs. Inmate records. Interviews.
Any cell used for segregation shall be as large as any other cell of similar capacity in the facility. The cell will be clean, well-lit, and have adequate heat and ventilation. There shall be a toilet, water for drinking and washing, and bedding. An inmate may be moved to an unequipped or specially equipped cell only if it is necessary to prevent suicide or other self-destructive acts, injury to others, or to prevent damage to a cell, its furnishings, or equipment.
Evidence of Compliance: Written policy and procedure. Schematic. Facility logs. Inmate records. Interviews. Observations.
Inmates in segregation shall have access to the same rights and services as the rest of the facility general population to include:
Where the inmate poses a real and immediate threat of harm to self, staff or others, access may be restricted, with the exception of medical/mental health treatment and the courts, for as long as necessary to lessen the inmate's behavior to a manageable level.
Evidence of Compliance: Written policy and procedure. Facility logs. Interviews. Observations.
The length, source, or volume of mail an inmate may send or receive should not be limited, except where the Administrator determines that there is reasonable belief to justify such limitation. Justification for any limitation or restriction should be documented in the inmate's file.
Evidence of Compliance: Written policy and procedure. Post orders. Mail logs. Inmate records. Interviews.
Incoming mail should be delivered to the inmates by the next business day after delivery to the facility. Outgoing mail should be delivered to the postal service each business day.
Evidence of Compliance: Written policy and procedure. Post orders. Mail logs. Interviews. Observations.
Incoming and outgoing inmate mail, should not be read, censored or restricted except where a reasonable belief of a threat to the safety or security of the facility, staff, inmates, public officials, or a member of the general public justifies such actions. In cases where mail is read or censored, a written incident report should be completed and include justification for such action. Incident reports should be kept on file. Additionally, inmates should be provided written notification when incoming or outgoing mail is withheld to any extent. The only exception to this requirement is when an item(s) has been confiscated for an inmate's possible prosecution, and continuity of evidence must be maintained, or other reasons related to the prosecution prevents notification.
Evidence of Compliance: Written policy and procedure. Post orders. Mail logs. Incident reports. Interviews. Observations.
Incoming mail from attorneys, courts, or government officials shall be opened in the presence of the inmate concerned and only to inspect for contraband.
Evidence of Compliance: Written policy and procedure. Post orders. Mail logs. Interviews. Observations.
All outgoing mail should be left sealed by the facility except under the conditions of Standard J.3.
Evidence of Compliance: Written policy and procedure. Post orders. Mail logs. Interviews. Observations.
Facilities should identify and stamp all outgoing inmate mail as being sent from a detention or correctional facility.
Evidence of Compliance: Written policy and procedure. Post orders. Copies of stamped mail. Interviews. Observations.
Indigent inmates shall be provided with writing supplies and postage in an amount allowing them to send at least two, one ounce, first class letters weekly. For privileged correspondence, the necessary writing supplies and postage shall be provided.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate handbook. Documentation of indigent mail sent. Mail logs. Interviews.
If the facility provides access to telephones, inmate access shall only be limited by written justification. Phone rates shall comply with applicable state and federal regulations.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate handbook.
Each facility shall provide suitable visiting areas necessary to provide scheduled visiting for the number of inmates housed at the facility.
Evidence of Compliance: Schematic. Visit schedule. Visit logs. Interviews. Observations.
The Administrator shall establish a visiting schedule which includes opportunities for at least two hours each week for general population inmates to visit with family and friends, to include at least one weekend day and one evening during the week.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Visit schedule. Visit logs. Interviews. Observations.
Inmate visits with family and friends should be conducted under staff supervision. The facility should provide for special visits outside of visiting hours when necessary.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Visitation rules. Visit logs. Interviews. Observations.
The number of visitors an inmate may receive at any one time should be limited only by facility space constraints. Additional visit restrictions are defined in writing and available to inmates and visitors.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Visitation rules. Visit logs. Interviews. Observations.
Written visiting rules governing visitors' conduct and responsibilities should be conspicuously posted in visiting or public waiting areas. A visit may be refused or terminated if there has been a violation of visiting rules or there is reasonable belief that the visitor or inmate poses a threat to the safety or security of the facility, staff, or other inmates. Any denial, refusal or termination of a visit should be documented with justification in the inmate file.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Visitation rules. Visit logs. Inmate records. Interviews. Observations.
Facilities should establish procedures governing visits by ex-inmates.
Evidence of Compliance: Written policy and procedure. Visit logs. Inmate records.
In the absence of a substantiated security risk posed by the inmate or visitor, and consistent with the inmate's classification:
Evidence of Compliance: Written policy and procedure. Post orders. Interviews. Observations.
Persons under the age of 18, except for emancipated minors, should not be permitted to visit with an inmate(s) unless accompanied by, or with written permission from, the person's parents or legal guardian.
Evidence of Compliance: Written policy and procedure. Post orders. Visit logs. Copies of written permission.
Inmates shall have the right to visit with attorneys or the attorneys' authorized representatives, subject only to limitations necessary to maintain a safe and secure facility. These visits shall be treated as confidential. Visits and access to attorneys and their attorneys' authorized representatives should be provided during normal business hours.
Evidence of Compliance: Written policy and procedure. Visit logs. Interviews. Observations.
Video visitation may be provided as a part of the facility's visiting program as follows:
Evidence of Compliance: Written policy and procedure. Provider contract. Visit rules. Visit schedule. Visit logs. Interviews. Observations.
Facilities should maintain written records of all inmate visits. Records should include:
Evidence of Compliance: Written policy and procedure. Visit logs.
Every inmate shall have unrestricted and confidential access and communications with the courts. Such access may be through video conferencing. Inmates shall have the right to present any issue before a court of law or governmental agency. Such access shall include:
In the event that there is a suspected breach of attorney-client confidentiality, jail staff shall verbally notify the Sheriff and the Administrator and complete a report on the incident as soon as possible. The Administrator shall notify the attorney and the inmate in writing immediately upon confirming a breach. Remedial steps shall be instituted to prevent a further breach.
Evidence of Compliance: Written policy and procedure. Transport logs. Visit logs. Incident Reports. Legal requests. Interviews.
Inmate grievance procedures shall be implemented and must include, at a minimum, provisions for the following:
Evidence of Compliance: Written policy and procedure. Inmate handbook. Inmate grievances. Grievance receipts. Interviews.
Inmates shall have unrestricted access to file complaints of alleged non-compliance with mandatory standards against a jail facility with the Maine Department of Corrections, Inspections Division, when a condition or issue is not resolved through the facility grievance process.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Mail logs.
Written policy, procedure and practice provide for developing and maintaining a registry of the names, telephone numbers and other contact information for attorneys who provide legal services to inmates and for keeping information on the registry confidential, except that upon the request of the attorney or the attorney's client who is an inmate, the registration of an attorney's name, telephone number and other contact information shall be confirmed. The registry shall consist of names, telephone numbers and other contact information provided to the jail by the Maine Commission on Indigent Legal Services, as well as names, telephone numbers and other contact information provided to the jail by individual attorneys, and the jail shall proactively confirm with the source of the information that it has been added to the registry. Calls made by inmates to phone numbers on the registry shall not be monitored.
Evidence of Compliance: Written policy and procedure. Legal requests. Interviews.
Written policy, procedure and practice shall provide inmates with medical and mental health services. Such services shall be pursuant to a written agreement with a medical/mental health provider(s) who shall be responsible for providing these services to inmates in coordination with the Administrator. Such written agreements shall comply with applicable standards. The Administrator, in conjunction with the health care provider(s), should determine the space, equipment, supplies, and materials necessary for the delivery of health care services in the facility.
Evidence of Compliance: Written contracts/agreements. Schematic. Interviews. Observations.
The medical care provider in conjunction with the Administrator should determine strategic locations for first aid kits and establish an inventory of their contents. Medical staff should have a written procedure to inspect first-aid kits and document the inspection at least quarterly. First aid kits should contain the established inventory at all times.
Evidence of Compliance: Written policy and procedure. Schematic. Inspection logs. Interviews. Observations.
All applicable state licensing, registration, and/or certification requirements and restrictions shall apply to medical care and mental health personnel working in or for the facility. Copies of all up-to-date licensing, registration, and/or certification shall be provided to the facility and kept on file in the facility.
Evidence of Compliance: Written policy and procedure. Written contracts/agreements. Current licensures and/or certifications.
Medical care and mental health provider(s), should, in consultation with the Administrator, review and approve written procedures and protocol for medical care and mental health services. At a minimum, these should include:
Evidence of Compliance: Written policy and procedure. Written acknowledgment of review and approval.
The Sheriff or Multi-County Jail Authority or Administrator, in consultation with the medical care provider, shall develop policies and procedures consistent with Maine Statutes for the release of HIV test results. These policies and procedures shall include procedures for informing inmates that HIV test results may be disclosed to the following:
Evidence of Compliance: Written policy and procedure. Medical release forms. Transfer records. Inmate records.
Written policy, procedure and practice provide for inmate physical examinations by qualified medical staff within fourteen days of admission. The physical exam shall be documented on a form approved by the medical care provider. Completed physical examination forms shall be placed in the inmate's medical file. An inmate's refusal of a physical exam shall be documented in the inmate's medical file by the medical care provider.
Evidence of Compliance: Written policy and procedure. Inmate records. Interviews.
Inmates suspected of having contagious or infectious diseases shall be isolated immediately from the general jail population until jail personnel are directed to do otherwise by the medical care provider.
Evidence of Compliance: Written policy and procedure. Inmate records. Facility logs. Incident reports.
Written policy, procedure and practice provide that care applicable to emergency medical, dental, and mental health situations shall be available to inmates at all times. In the case of an emergency request for medical/mental health attention, the shift supervisor shall promptly communicate the emergency through the most direct means to the provider. The provider shall determine the appropriate emergency action to be taken to safeguard the inmate and communicate the same to the shift supervisor. Non-medical/mental health personnel shall never diagnose or treat an illness or injury except to provide emergency first aid.
Evidence of Compliance: Written policy and procedure. Inmate records. Facility logs. Incident reports. Interviews.
The medical care provider shall conduct sick call at least once each week, at which time inmates may report non-emergency injuries and illness and receive appropriate medical treatment.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Plan of the day. Medical requests. Interviews.
Dental care and treatment, not limited to extractions, shall be provided to inmates when the medical provider has determined that the health of the inmate during confinement would otherwise be adversely affected.
Evidence of Compliance: Written policy and procedure. Inmate records. Interviews.
All medication shall be labeled in accordance with state and federal law. All prescription medication shall be administered in accordance with Maine Statute by qualified health care personnel. Procedures shall be in place for inmate self-administration of prescription medication and administration by others when qualified health care personnel are not available. Any personnel administering prescribed medication are required to have completed training from health care personnel on proper procedures for administering prescribed medication. A record of all prescription medications administered shall be maintained and include the following:
In those cases where the medical provider has determined that medication is to be kept on person by the inmate for self-administration on an as-needed basis, the written provider order shall include:
Evidence of Compliance: Written policy and procedure. Inmate records. Training records. Interviews. Observations.
Written policy, procedure and practice provide for access to mental health and substance abuse services that include, at a minimum:
Evidence of Compliance: Written policy and procedure. Contracts/agreements with providers. Program description(s). Inmate records. Interviews. Observations.
All personnel should be familiar with treatment services available to inmates so that they may refer inmates to appropriate services.
Evidence of Compliance: Written policy and procedure. Training records. Interviews.
Inmate medical, mental health and substance abuse records shall be kept separate from other inmate records. The applicable provider shall, in consultation with the Administrator, establish policies that determine access to these records. The facility provider(s), in compliance with applicable state and federal laws, shall keep correctional staff informed of inmates' health and treatment. The Administrator shall be responsible for the retention schedule of inmate medical, mental health and substance abuse records in accordance with state and federal law.
Evidence of Compliance: Written policy and procedure. Inmate records. Interviews. Observations.
Inmate medical files shall contain the following minimum information:
Evidence of Compliance: Written policy and procedure. Inmate records.
Policy, procedure and practice provide that when any inmate is transferred to another detention or correctional facility, the sending facility should provide the receiving facility with a summary of any treatment or care being provided, including any prescribed medication on hand sufficient to allow the receiving facility time to order needed medication.
Evidence of Compliance: Written policy and procedure. Transfer records. Interviews.
The health care provider(s) should, at least annually, review the inmate health care system and provide the Sheriff or Multi-county Jail Authority and Administrator with a written, narrative report on the results of their review and recommendations for change, if any.
Evidence of Compliance: Written policy and procedure. Written contract/agreement. Annual report(s).
The Sheriff or Multi-County Jail Authority or Administrator, in consultation with the medical care provider, shall develop policies and procedures and a written communicable and infectious disease prevention and control program which is reviewed by the Department of Corrections and the Maine Center for Disease Control and Prevention (CDC) and provided to the jail's board of visitors and which shall include, at a minimum, prevention measures, an exposure control plan, standard isolation and other precautions for inmates and staff, and requirements for reporting outbreaks. The policies and procedures and program shall cover communicable and infectious diseases including, but not limited to, coronavirus, tuberculosis, hepatitis, and HIV, and shall be reviewed at least annually and updated as necessary consistent with Maine CDC and other applicable guidelines. In the event there is an outbreak of a communicable or infectious disease, the Sheriff or Multi-County Jail Authority or Administrator shall report such outbreak to the Department of Corrections, the CDC, and the jail's board of visitors and provide a copy of the written plan for responding to the outbreak.
Evidence of Compliance: Written policy and procedures. Written disease control program. Records of reporting. Written response plan. Inmate records. Facility logs. Interviews. Observations.
The clinical management of chemically dependent inmates with a substance use disorder includes at a minimum the following:
Evidence of Compliance: Written policy and procedures. Inmate records. Interviews.
Naloxone is readily available in the jail for emergency use in the event an individual is suffering from a possible opioid overdose. Naloxone shall only be administered by staff trained in its use, unless trained staff is unavailable.
Evidence of Compliance: Written policy and procedures. Incident Reports. Interviews. Observations.
Policy, procedure and practice provide that pregnancy prevention and management services are available to female inmates. At a minimum, these shall include:
Evidence of Compliance: Written policy and procedures. Inmate records. Interviews.
Written policy, procedure and practice provide that if a female inmate is being transported for medical care, at least one female corrections officer shall be present during the transport, unless there is no female corrections officer available for the transport.
Evidence of Compliance: Written policy and procedure. Post orders. Transport logs. Interviews.
If a female inmate is being transported for medical care and safety and security considerations require that a corrections officer be present in the room during the provision of the care, and if a female officer was present during the transport, the female officer shall be present in the room. If safety and security considerations do not require that a corrections officer be present in the room during the provision of the care, all corrections officers shall wait immediately outside the room while care is being provided. In either case, the inmate shall be afforded the greatest amount of privacy practicable during the provision of care consistent with safety and security considerations.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate Records. Interviews.
The food service area and food preparation should be managed under the direct supervision of a staff person who is qualified by experience and/or training.
Evidence of Compliance: Written policy and procedure. Staff resume. Training records. Observations.
All food service areas shall:
Evidence of Compliance: Written policy and procedure. Post orders. Health inspection licensure. Facility logs.
There is documentation that the facility's dietary allowances are reviewed when there is a permanent change by a qualified nutritionist or dietitian to ensure that they meet the nationally recommended allowances for basic nutrition. Menu evaluations shall be conducted on an ongoing basis by the facility food service manager to verify adherence to the established daily dietary requirements. Any temporary changes in menu items shall be documented and substitutions shall be of equal nutritional value.
Evidence of Compliance: Written policy and procedure. Post orders. Current nutritionist or dietician license. Approved menu(s). Facility logs.
Three meals, at least two of which are hot, should be served daily. Variations may exist at facilities which grow gardens as a supplemental food source.
Evidence of Compliance: Written policy and procedure. Post orders. Menu. Facility logs. Observation. Interviews.
There shall not be a span of more than 14 hours between the evening meal and breakfast.
Evidence of Compliance: Written policy and procedure. Plan of the day. Facility logs. Interviews. Observations.
Menus should be posted in the food service area and areas accessible to inmates.
Evidence of Compliance: Post orders. Observations.
Orders by medical care personnel for special diets to inmates shall be in accordance with written instruction from the health care staff or a qualified dietitian or nutritionist. A therapeutic diet manual is available for reference.
Evidence of Compliance: Written policy and procedure. Special diet orders. Facility logs. Interviews. Observations.
Provisions shall be made for special diets when an inmate's religious beliefs require adherence to particular dietary practices when approved by the facility's religious coordinator.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Religious diet requests. Facility logs. Interviews.
Food shall not be withheld from inmates as punishment.
Evidence of Compliance: Written policy and procedure. Facility logs. Interviews.
Space should be provided for group dining, except where security or safety considerations justify otherwise.
Evidence of Compliance: Schematic. Facility logs. Interviews. Observations.
Prior to inmates being assigned to food service work, they should be screened by health care staff to ensure they are capable of performing the work and are free of infectious diseases. Screening by health care staff should be documented and placed in the inmate's medical file.
Evidence of Compliance: Written policy and procedure. Inmate records. Interviews.
The Food Service Manager shall maintain a check-out, check-in system and secure storage for all cutlery items. Such items shall be accounted for daily.
Evidence of Compliance: Written policy and procedure. Post orders. Facility logs. Interviews. Observations.
All meals should be served under the direct supervision of a staff member to prevent favoritism, careless serving, and waste.
Evidence of Compliance: Written policy and procedure. Post orders. Interviews. Observations.
The Food Service Manager should maintain an ongoing inventory system to account for all food products and supplies.
Evidence of Compliance: Written policy and procedure. Post orders. Written inventories. Interviews. Observations.
Appropriate eating utensils should be issued as needed to each inmate unless doing so would pose a real and immediate danger to staff or inmates. A system to account for all eating utensils should be maintained.
Evidence of Compliance: Written policy and procedure. Post orders. Facility logs. Written inventories. Interviews. Observations.
The Food Service Manager shall keep, for a 72-hour period, a ghost tray identical to each meal served.
Evidence of Compliance: Written policy and procedure. Post orders. Menus. Facility logs. Observations.
Food Service personnel shall document applicable temperatures throughout the day to include:
Evidence of Compliance: Written policy and procedure. Post orders. Facility logs. Observations.
The Food Service Manager should maintain complete and accurate records for a minimum of one year of all meals served to inmates and staff to include:
Evidence of Compliance: Written policy and procedure. Post orders. Menus. Facility logs. Observations.
Each facility should maintain a Plan of the Day, which outlines inmate activities for each day of the week. Plans of the Day should be posted in areas to which inmates have access and include at a minimum:
Evidence of Compliance: Written policy and procedure. Post orders. Inmate handbook. Plan of the day. Observations.
The Administrator should designate a coordinator for facility religious programs. He/she should have access to all areas of the facility. Space should be provided for such programs.
Evidence of Compliance: Written policy and procedure. Job description. Written appointment/agreement. Interviews. Observations.
Every inmate shall be allowed to practice the religion of his/her choice and shall have access to worship services, publications, religious symbols, and religious advisors, including the opportunity for visits, subject to the considerations of facility order, security, and safety. Inmate participation in religious activities shall be voluntary.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Plan of the day. Visitor logs. Volunteer list. Interviews. Observations.
Facility library services should be made available to inmates at least twice weekly to consist of:
A transgender inmate shall be provided educational materials consistent with the inmate's consistently held gender identity.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate handbook. Plan of the day. Facility logs. Interviews. Observations.
In cases where a facility maintains a law library, that library shall contain legal materials sufficient to meet constitutional requirements.
In cases where a facility provides most legal materials through a law library outside the facility, the facility shall have the latest edition of the following minimum legal materials available at the facility for inmate use:
Evidence of Compliance: Written policy and procedure. Inmate handbook. Inmate law library request(s). Interviews. Observations.
Inmates shall have access to at least one hour of major muscle exercise programs and/or equipment, outside of their cell, at least five days per week except where safety and security considerations justify otherwise. When weather permits, exercise shall be provided outdoors in a secure recreation area. In cold weather, appropriate outdoor clothing shall be provided.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Plan of the day. Facility logs. Interviews. Observations.
If the facility makes arrangements to provide inmates access to commissary services, pricing for items sold through the inmate commissary should not exceed the average retail pricing found in the community for that item. If the facility makes arrangements to provide inmates access to commissary services, a transgender inmate shall be allowed access to items consistent with the inmate's consistently held gender identity.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Ledgers. Receipts. Interviews.
Indigent inmates shall be provided, without charge, commissary or other items specifically authorized by the Sheriff or Multi-County Jail Authority or Administrator.
Evidence of Compliance: Written policy and procedure. Written post orders. List of indigent inmates. Inmate receipt of goods. Interviews. Observations.
A television should be provided in each day room area for the privilege of viewing by the general inmate population.
Evidence of Compliance: Observations.
Written policy, procedure and practice shall provide that a designated staff member be responsible for assessing inmate program needs and coordinating the delivery of such programs to inmates. Programs provided to inmates shall be evidence-based.
A transgender inmate shall be provided programs consistent with the inmate's consistently held gender identity.
Evidence of Compliance: Written policy and procedure. Job description. Program descriptions and achievements. Interviews.
Written policy, procedure and practice shall provide for community-based programs, diversion, and alternative sentencing programs for minimum security pre-trial and sentenced inmates.
Evidence of Compliance: Written policy and procedure. Contracts/agreements. Furlough documentation. Program description(s). Program enrollment list.
Written policy, procedure and practice provide for academic education courses and education counseling extending through the high school level and include at minimum:
Evidence of Compliance: Written policy and procedure. Inmate handbook. Program description(s). Inmate enrollment. Volunteer records. Facility logs. Interviews. Observations.
Where feasible, the release preparation program should provide for graduated release through a systematic decrease in supervision and corresponding increase in inmate responsibility. Release preparation programs should include the use of work/educational release, furloughs, community residential facilities, electronic monitoring, day reporting, and other temporary release programs for sentenced inmates.
Evidence of Compliance: Written policy and procedure. Classification records. Program descriptions. Monitoring reports. Facility logs. Interviews. Observations.
Release programs should include provisions for the following:
Evidence of Compliance: Written policy and procedure. Program description(s). Classification records. Inmate enrollment. Monitoring reports. Inmate account records. Facility logs. Interviews.
To the extent possible, inmates participating in temporary release programs should be housed separate from the rest of the general jail population. Where possible, housing may be in a community-based residential setting.
Evidence of Compliance: Written policy and procedure. Schematic. Classification records. Furlough records. Facility logs. Observations.
The facility shall comply with applicable local and state sanitation and health codes. Facilities shall be inspected at least annually by a local health code officer or the Department of Human Services. All inspections shall be documented and kept on file.
Evidence of Compliance: Inspection reports. Approval letters. Licensure.
There shall be a plan for the control of vermin, including fumigation of the facility by a licensed pest control professional when necessary.
Evidence of Compliance: Written policy and procedure. Contracts/agreements. Interviews. Observations.
Adequate cleaning tools and supplies should be provided for all areas of the facility. Cleaning tools and supplies should be kept securely stored when not in use. The use of cleaning tools and supplies should be under the supervision of facility staff.
Evidence of Compliance: Schematic detailing location of supplies. Observations.
All poisonous and caustic compounds used for cleaning or extermination shall be clearly labeled, securely stored, inventoried, and shall have a corresponding Safety Data Sheet (SDS) that staff can easily access.
Evidence of Compliance: Written policy and procedure. Schematic detailing location of storage areas and SDS manuals. Inventories. Copies of SDS Sheets. Interviews. Observations.
Durable, rust-resistant, water-tight, and cleanable trash receptacles should be provided in all areas of the facility. Trash receptacles should be emptied and cleaned daily.
Evidence of Compliance: Written policy and procedure. Written post orders. Plan of the day. Facility logs. Interviews. Observations.
The facility should have a daily routine of work by inmates to keep all areas of the facility clean and sanitary.
Evidence of Compliance: Written policy and procedure. Written post orders. Plan of the day. Facility logs. Interviews. Observations.
Pretrial detainees should not be required to work except to do personal housekeeping in their assigned cell and/or housing unit.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Interviews. Observations.
Supervisory staff should inspect the jail facility daily during their respective shifts to ensure the facility is clean and sanitary. If the facility is not clean, the supervisor should take steps to have the facility cleaned. The supervisor should record the inspection conducted in the facility activity log.
Evidence of Compliance: Written policy and procedure. Written post orders. Facility logs. Interviews. Observations.
There shall be a sufficient supply of hot and potable cold water to meet the needs of the facility.
Evidence of Compliance: Water test results. Observations.
Inmates shall be allowed to shower at least daily. Where the inmate poses a real and immediate threat of harm to self or staff, access may be limited depending on behavioral compliance. Justification for limited access shall be documented.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Plan of the day. Facility logs. Interviews. Observations.
Provisions should be made for inmates to receive haircuts.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Facility logs. Inmate requests. Receipts. Interviews. Observations.
Inmates shall be provided access to separate shaving materials. Community razors are prohibited.
Evidence of Compliance: Written policy and procedure. Post orders. Inmate handbook. Plan of the day. Facility logs. Interviews. Observations.
Toilet paper shall be available at all times in areas where toilets are provided.
Evidence of Compliance: Written post orders. Interviews. Observations.
The facility inventory of linen and bedding should exceed the maximum inmate population to ensure that a reserve is always available. In jails that allow inmates to wear personal clothing, jail clothing should be provided to inmates assigned to food service, maintenance, or special work details.
Evidence of Compliance: Written policy and procedure. Written post orders. Inventories. Interviews. Observations.
Laundry services shall be sufficient to allow for the following exchanges:
Evidence of Compliance: Written policy and procedure. Written post orders. Inmate handbook. Plan of the day. Interviews. Observations.
Inmates shall not sleep on mattresses placed directly on the floor.
Evidence of Compliance: Written policy and procedure. Inmate handbook. Interviews. Observations.
Inmates shall be housed only in facilities licensed by the Department of Corrections.
Evidence of Compliance: Current licensure.
All facilities shall comply with required plumbing, electrical, and applicable building codes. Each facility shall keep documentation on file verifying compliance with applicable codes.
Evidence of Compliance: Code enforcement approval. Occupancy license.
Each facility shall maintain documentation on file verifying compliance with the applicable American Disabilities Act (ADA) requirements.
Evidence of Compliance: Inspection reports. Documented facility improvements. Logs indicating special accommodations (wheelchairs, ADA cell housing, etc.)
A washable paint that meets applicable codes should be used on all non-tiled surfaces and on all metal work in all facility areas. Painted surfaces should not be scaled or deteriorated.
Evidence of Compliance: Paint specifications. Observations.
All floors should be finished and maintained with materials that are easily cleaned.
Evidence of Compliance: Cleaning material specifications. Observations.
Each facility's physical plant and mechanical systems should have a written plan for facility maintenance to include at a minimum:
Evidence of Compliance: Written policy and procedure. Written post orders. Maintenance logs.
Maintenance orders. Inspection logs. Test logs. Interviews. Observations.
Appropriate space shall be provided for all activities and functions required in these standards for jails. Space shall be allocated for, but not limited to, the following:
Evidence of Compliance: Schematic identifying areas referenced. Observations.
The facility's physical design shall:
Evidence of Compliance: Schematic identifying areas referenced. Observations.
The inmate population should not exceed the facility's rated capacity, which should be established by the Sheriff or Multi-County Jail Authority or Administrator and approved by the Department of Corrections using the following criteria:
Evidence of Compliance: Schematic identifying areas/measurements/space referenced. Capacity analysis. Count logs. Observations.
Operable toilets and wash basins with hot and cold running water shall be provided in all maximum security cells.
Evidence of Compliance: Schematic identifying areas referenced. Observations.
A portion of maximum and medium security cells shall be designed and used for single-occupancy. In single-occupancy cells a minimum of 70 square feet shall be provided. The number of single and double-occupancy cells shall be based on the need to separate non-violent inmates from those inmates who pose a risk of violence. Each maximum and medium security cell shall be equipped with the following furnishings for each occupant:
Furnishings are to be selected to minimize the risk of use for self-harm or injury.
Evidence of Compliance: Schematic. Photographs. Observations.
Each minimum security housing area shall be equipped with the following furnishings for each occupant:
Evidence of Compliance: Schematic. Photographs. Observations.
A multiple-occupancy dormitory housing unit shall not exceed 50 inmates. Dormitory sleeping space shall be separated from day space by a partition that is a minimum eight feet in height and constructed in compliance with applicable codes.
Evidence of Compliance: Documentation of code compliance. Schematic. Observations.
Each dayroom, lounge, and multi-purpose area shall be furnished with sufficient seating, tables, and other furnishings necessary for inmate activities conducted in the dayroom or multi-purpose area.
Evidence of Compliance: Schematic. Photographs. Observations.
Fixtures, furnishings, and equipment shall be consistent with the security and supervision level of the area in which they are used.
Evidence of Compliance: Specifications. Photographs. Observations.
Operable shower facilities shall be available in each individual housing unit. Water temperature shall be thermostatically controlled from a range of 100 degrees F to 120 degrees F. The design and location of showers and drying areas in all areas, including the admission area, shall provide for visual privacy.
Evidence of Compliance: Temperature logs. Photographs. Observations.
The design and location of toilet facilities in all areas, including the admission area, shall provide for visual privacy.
Evidence of Compliance: Schematic. Photographs. Observations.
Access to drinking water shall be provided in housing units.
Evidence of Compliance: Schematics. Observations.
All inmate housing areas shall be maintained at temperatures no less than 65 degrees F and no more than 85 degrees F.
Evidence of Compliance: Temperature logs. Interviews. Observations.
All inmate and staff areas shall have circulation of at least 15 cubic feet of outside or re-circulated filtered air per minute, per occupant, and 20 cubic feet in dining and indoor exercise areas.
Evidence of Compliance: Air flow logs. Observations.
Noise levels within inmate-occupied areas shall not be sustained above the level of 70 decibels (A Scale) during the day and 45 decibels (A Scale) during sleeping hours.
Evidence of Compliance: Noise level logs. Interviews. Observations.
Light levels in cells shall be at least 20 foot-candles at desk level during waking hours and not exceed 5 foot-candles during sleeping hours.
Evidence of Compliance: Light level logs. Interviews. Observations.
Each cell shall have at least 3 square feet of clear security glazing or 4 square feet of open bars which provide a view to the exterior or to a day-space which can be lit by natural light during the daytime and which has at least 10 square feet of clear security glazing providing a view to the exterior.
Evidence of Compliance: Glazing measurements. Interviews. Observations.
A secure outdoor recreation area shall be provided, with dimensions of at least 50 feet by 30 feet, or 1500 square feet, for facilities of less than 100 inmates. A covered/enclosed exercise area built after 1992 in a new facility of 100 inmates or more shall provide a minimum of 15 square feet per inmate for the maximum number of inmates expected to use the space at any one time, but not less than 1,000 square feet of unencumbered/usable space, with a minimum ceiling of 18 feet.
Evidence of Compliance: Schematic. Observations.
Concurrent with the schematic design phase of a new or renovated facility, staffing plans for the facility shall be submitted to the Department for review for compliance with standards and approval.
Evidence of Compliance: Written plans. Documented communications and approval.
There shall be a written facility activation plan. The plan shall provide for the development of new policies and procedures, user transition, training, operating procedures, and a period of facility testing. The plan shall be submitted to the Department for review for compliance with standards.
Evidence of Compliance: Written plans. Documented communications and approval.
Space needs for a new facility and projected population shall be carefully assessed and described. Space shall be planned to meet all housing, program, support, and administrative needs. Plans submitted are to include provisions for future expansion and supporting infrastructure of at least twenty five percent (25%) of the facility rated capacity. Needs shall reflect all applicable codes, regulations, and standards.
Evidence of Compliance: Written plans. Documented communications and approval.
Written policy, procedure and practice provide that key planning and design documents shall be submitted to the Department for review and comment at each of the following stages:
Evidence of Compliance: Written plans. Documented correspondence and approval.
Written policy, procedure and practice provide that the Department shall be informed in writing when construction is 75% completed so that an on-site inspection by the Department can be made to determine standards compliance. Final inspection of the completed facility shall be made, and the Department shall certify compliance before a new or renovated facility is occupied by inmates and placed in operation.
Evidence of Compliance: Documented correspondence and approval.
Written policy, procedure and practice provide that the Department shall be informed of all planned renovations to a facility in order for the Department to determine the applicability of Standards to the project.
Evidence of Compliance: Written plans. Documented communications and approval.
03-201 C.M.R. ch. 1, § II