What are my Legal Rights if I am placed in Detention?

What if I believe my rights have been violated?

What are my responsibilities in Detention?

What are the rules about phone calls?

How about visitors?

Will I make Home Visits?

Can I get and send mail?

What do I have to wear?

Will I be searched?

Juvenile's Legal Rights when ordered to the Detention Facility

You will not be discriminated against because of your race, color, nationality, creed, sex, physical handicap, religious or political opinions.  You and all other residents will be involved in the same programs and work assignments.  All residents who take part in Detention programs and services will be supervised and under the control of Detention staff.

1. You have the right to be treated with respect and fairness.
2. You have the right to be informed of the rules of Detention upon admission.
3. You have the right not to be punished physically, be harassed, intimidated, threatened, hurt, assaulted, embarrassed, or made fun of.  You have the right not be interfered with by another resident or staff member during times of normal body functioning; like eating, sleeping, or going to the bathroom
4. You have the right to take part in religious activities, if you choose.
5. You have the right to have food that is good for you, a good bed with clean sheets, a shower everyday, working toilets, good light and air, and an overall safe place.
6. You have the right to have visitors...i.e. your parent(s), legal guardians(s), attorney or Case Manager.
7. You have the right to talk to, write letters to and see your attorney.
8. You have the right to clean clothing daily.
9. You have the right to see the Detention doctor and/or nurse.
10. You have the right to have your property logged and kept in a safe place.
11. You have the right to talk to appropriate persons within the organization as long as it does not disrupt the order and security of Detention.
12. You have the right to indoor and outdoor recreation (unless your behavior dictates disciplinary lock down).
13. You have the right to refrain from work for which you would normally be paid, except for the cleaning and maintenance of Detention.
14. You have the right to file a grievance while in Detention without being afraid to do so.
15. You have the right to wear and style your hair any way you choose as long as it is not a health hazard or a distraction to other residents.  Hair care products are provided by the Center daily.  The same rules apply to facial hair.
16. You have the right to talk with a lawyer.  Your lawyer will be either a Public Defender, Legal Aid, one hired by your parent(s)/guardian, or one appointed by the Court.  You have the right to have phone calls and visits with lawyers at reasonable times.  Your lawyer will handle any legal complaints you may have.  Juvenile Detention provides a grievance procedure which you can use to voice complaints about Detention.
17. You may write or ask someone to write a message to your lawyer.  The message will be given to your lawyer and will not be read by staff.
18. Visits with lawyers: Your lawyer may visit you at any reasonable time.  If you want to see your lawyer or your worker, Detention staff will make every effort to assist you in contacting lawyers and/or worker. (top)

Grievance

Juvenile Detention has a way for you to tell about your complaints or if your rights have been violated.   It is called the Grievances Procedure.

If you have a complaint, first talk about it with staff to try to settle it.  If you can’t and you want to file a grievance, tell your Youth Worker or his/her Supervisor.  The Supervisor will give you a Grievance form to fill out.  You can have help with filling it out from another resident or from any Detention staff member who is working at the time. A Supervisor will meet with you within 24 hours to start trying to resolve your grievance.  If you and the staff person cannot agree, you have two levels of appeal which are the Program Manager and the Superintendent. (top)

Responsibilities

You are responsible for following Detention rules, procedures, schedules and direction of staff while in Detention.

1. You are responsible for not discriminating against other residents or staff and not using words or behaving in a way that is prejudiced or discriminating.
2. You are responsible for keeping your living area clean and neat.
3. You are responsible for informing staff of medical or dental care if you need it.
4. You are responsible for following the rules during visits and not taking anything from or giving anything to a visitor.  You are responsible for not sending or receiving anything illegal through the mail.
5. You are responsible for keeping your clothes and hair clean.
6. You are responsible for telling staff if you think your rights have been violated.
7. You are responsible for following the procedure to file a grievance.  You should tell Detention Supervisors about anything you witness that is against the rules.

While you are in Detention, the staff will write a report on you every day.  They write information in the team log and individual chronological logs in reference to your attitude toward staff and other residents, notes on school attendance, participation in programs and activities, and if you were involved in any incidents or fights, etc. (top)

Phone Calls

When you come into Detention, the Screening Officer checking you in will call your parents.  Your lawyer or the Public Defender, will be called if you ask.  If you are unable to reach your lawyer, at that time you will be given other opportunities to call your lawyer.  If you do not have a lawyer, or don’t know your lawyers name your parent(s)/guardian should make the appropriate effort to contact/provide you with the information necessary to contact legal counsel.

You may make at least two personal phone calls a week to parents(s)/guardian.  Phone calls cannot be saved.  If you do not use your two phone calls one week, you cannot have four phone calls the next week.  You are not allowed to call victims or witnesses.  You will make phone calls when it is your team’s day/time to make telephone calls.  The staff will dial the phone number and confirm the party is appropriate.  The phone call schedule is posted in Orientation and team areas. (top)

Visitors

Your parent(s)/guardian may come to see you on approved visitation days.  Visitation is held four times a week.  These times and days are as follows:
           
                        Tuesday and Thursday  6:30 p.m. - 7:30 p.m.
                        Saturday                       1:00 p.m. - 4:00 p.m.
                        Sunday                         1:00 p.m. - 4:00 p.m.

For visitors other than parent(s)/guardian, your worker must fill out a request form and have the visit approved by the Superintendent. (top)

Home Visits

Home visits are not permitted except upon the order of the Judge. (top)

Mail

The Jackson County Family Court Juvenile Division will provide stamps for letters to parent(s), and legal guardians.  There is no restriction of legal mail.  You may only receive and send letters to your parent(s), legal guardian(s), assigned worker, or attorney.  Staff will supervise the opening of all letters received.  If there is anything besides a letter inside, it will be put with your property or given to the Superintendent.  You will be told if any property is kept from you.  All letters received for residents who have left the Center will be forwarded or returned to the sender within 24 hours, excluding weekends and holiday. You are not permitted to send letters to victims or witnesses.

You are not allowed to have magazines, newspapers or periodicals that give instructions for making explosives, encourage violence or prejudice, encourage sexual misbehavior, that is criminal and/or against Detention rules, or that encourages the use of sale of drugs and/or other illegal substances. (top)

Clothing and Property

Your clothes and property will be locked up and kept safe while you are in Detention.  They will be given to you when you leave.  The only things that you can keep are legal papers, prescription glasses, and false teeth.  There will be no papers and other items kept in your room.  Detention laundry staff will wash and/or disinfect your clothes and shoes after you come into Detention.  A clean set of clothing will be issued everyday after showers. (top)

Searches

Searches for contraband are for the safety of you and all the residents, staff and the Detention Center.  Contraband  is any item(s) possessed by a juvenile that are illegal or prohibited by the Detention Center for the any reasons.  Any contraband found during a search will be taken by staff and given to the Shift Supervisor.  The Shift Supervisor will turn the contraband over to the Superintendent who will decide what should happen.  The consequence will be determined by the seriousness of the contraband and the Police Department may be called.

ROOM SEARCHES
Rooms will be searched every day.

STRIP SEARCHES
Upon your admittance to Detention a physical strip research will be conducted and anytime you leave the building for a doctor’s appointment, etc.  If, at any time, the staff feels you are hiding something on your person, like drugs or weapons, the Supervisor can authorize staff to do a strip search.

FRISK SEARCHES
You will be frisked upon first entering Detention.  You can be frisk searched when you come back from Court, after visitation or at the discretion of the staff. (top)