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Filing # 124209143 E-Filed 04/01/2021 04:36:22 PM
FLORIDA MODEL JAIL STANDARDS
| STANDARDS
oe| |
| : ANCODFERATIONWI 4
| PEPE|sHerires|] assocurionor|
Effective Date: 07/01/2017 Page 1 of 90
Aguiar Declaration, Exhibit A
FLORIDA MODEL JAIL STANDARDS
TABLE OF CONTENTS
Chapter Subject Page Effective Date
1 Definitions 4 07-01-15
2 11 07-01-15
3 24 10-01-14
4 Agrmission, Classification, Release 27 01-01-15
5 Housing 31 07-01-15
6 Food 34 01-01-15
7 Medical 36 07-01-15
8 Clothing and Bedding 43 10-01-14
9 Programs 44 01-01-09
10 Privileges 48 01-01-15
11 Security and Control 50 07-01-15
12 Sanitation 55 01-01-15
13 Order and Discipline 5/7 07-01-13
14 Contraband 63 01-01-04
15 Direct Supervision Jails 64 01-01-04
16 ~—s- Physical Plant 65 02-01-16
17 Minimum Construction Standards 69 01-01-07
18 Admission, Classification, and Release of Juveniles 74 01-01-08
19 Housing ofJuveniles 16 10-01-14
20 ndards Committee Guidelines 77 10-01-98
21 Youth Detention Facilities 79 10-01-14
Appendix A 86
Appendix B 87
Appendix C 88
Effective Date: 07/01/2017 Page 2 of 90
Aguiar Declaration, Exhibit A
FLORIDA MODEL JAIL STANDARDS
CHAPTER 1 - DEFINITIONS
As used inthis document, the following terms apply:
1.1. ACTIVITY SPACE - Any space other than a cell or day room, which is designated,
for inmate programs, such as chapel, work, and study.
1.2 ADMINISTRATIVE CONFINEMENT — The segregation of an inmate for
investigation, protection, or some cause other than disciplinary action.
1.3. AUXILIARY CORRECTIONAL OFFICER — Any person employed or appointed, with
or without compensation, who aids or assists a full-time or part-time correctional
officer and who, while under the supervision of a full-time or part-time
correctional officer, has the same authority as a full-time or part-time correctional
officer for the purpose of providing supervision, protection, care, custody, and
control of inmates within a county or municipal detention facility. For purposes of
this document, no auxiliary officer shall be permitted to be assigned to a post
within the secured area of the facility where such officer is not under the direct
sight and sound supervision of a certified correctional officer at alltimes.
1.4 CELL-— Any room in a detention facility, except a dormitory, that is designed to
incarcerate one or more inmates.
a. HOLDING CELL — Any cell used to hold inmates awaiting some process,
such as booking, interrogation or court appearances.
b. ISOLATION CELL — A single cell used for housing an inmate removed from
the general population.
C. MULTIPLE OCCUPANCY CELL — A cell that contains sleeping space for two
or more inmates with a partition between the cell and the day room space.
d. SINGLE CELL — A cell that contains sleeping space for a single inmate.
1.5 CERTIFIED CORRECTIONAL OFFICER — An officer certified by the Criminal Justice
Standards and Training Commission pursuant to Chapter 943, Florida Statutes.
1.66 CIVILIAN STAFF— An employee, independent contractor, volunteer or any other
person who works or performs any service at a jail facility who is not certified as
either a juvenile detention officer by the Florida department of Juvenile Justice or
Effective Date: 07/01/2017 Page 3 of 90
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FLORIDA MODEL JAIL STANDARDS
a correctional officer, law enforcement officer or auxiliary officer by the Criminal
Justice Standards and Training Commission in accordance with Chapter 943,
Florida Statutes. Civilian staff may not be utilized in the secure area of the jail
facility to provide supervision, care, custody or control of inmates with the
exception of inmate workers. Civilian staff may be utilized to provide psychological
and medical care, commissary, repair and maintenance services, property
storage, education and religious services, and work in communications, food
preparation, programs, booking, records, classification, laundry, sanitation,
control rooms.
1.7. CLOSE SUPERVISION — Regular, documented, physical observation of an inmate
by certified correctional officers or members of the medical staff at intervals not
to exceed 15 minutes.
1.8 CLOSELY MONITORED — Regular documented, physical observation of an inmate
by certified correctional officers or members of the medical staff at intervals not
to exceed 30 minutes or as specified by medical authority and/or the officer in
charge.
1.9 COMMON AREA - Any area of a detention facility, which is used for more than
one purpose. It includes catwalks, walkways, halls, foyers, corridors, waiting
rooms, entrances, porches, or other areas, which provide movement, space, or
are part of the access to the facility and egress there from.
1.10 DAY ROOM - That area of a detention facility other than a cell, which is used, for
the general purposes of the inmates.
1.11 DETENTION FACILITY — A county jail, a county stockade, a county work camp, a
prison camp, a county residential probation center, and any other place used by a
county for the lawful detention of inmates charged with or convicted of a felony,
misdemeanor, a county or municipal offense, or who is otherwise held pursuant
to court order.
1.12 DINING AREA - Any area, other than a cell or day room, which is designated for
feeding inmates or staff of the detention facility.
1.13. DIRECTFILED JUVENILE — A juvenile who at the time of commission of the
alleged offense was at least 16 years of age and against whom an information
has been filed by the state attorney transferring the juvenile for prosecution as an
adult pursuant to the provisions of Chapter 985, Florida Statutes.
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FLORIDA MODEL JAIL STANDARDS
1.14 DIRECT OBSERVATION — Continuous visual observation 24 hours each day with
physical observations documented at intervals not to exceed 15 minutes for adults
and 10 minutes for juveniles.
1.15 DIRECT SUPERVISION HOUSING UNIT — A housing unit where the design
capacity is such that it may effectively be managed by one (1) officer. An officer's
post in this type of housing unit shall be located within the unit to ensure direct
contact with inmates twenty-four (24) hours a day. Such housing units shall
contain sleeping areas, day rooms, all necessary personal hygiene fixtures, and
sufficient tables and seats to accommodate capacity.
1.16 DIRECTSUPERVISION JAIL — A management style of jail construction that
ensures continuing direct contact between officers and inmates by the posting of
officers inside housing units. Security, evaluation, and classification of inmates are
ongoing and continuous functions of a direct supervision jail and are based on
close staff contact and interaction with inmates in a housing unit.
1.17 DISCIPLINARY CONFINEMENT — The segregation of an inmate for disciplinary reasons.
1.18 DISINTERESTED PARTY — Refers to any individual who does not have a reason for a
dispute to be resolved in any particular manner. A party who has nothing to gain from
how an argument isdecided. This individual may be internal or external to the criminal
justice agency.
1.19 DORMITORY -— Any housing area in a detention facility that is designed to
incarcerate more than two inmates and that contains day room space in addition
to sleeping space.
1.20 EMPLOYEE — Any person employed, under contract with, or appointed by a
county or municipal government or officer whose primary responsibility is the
supervision, protection, care, custody, and provision of support services and/or
control of inmates.
1.21 FMJS CERTIFIED JAIL INSPECTOR— Any person who has successfully completed
the FMJS Inspector Certification Course and is presently recognized by the FMJS
Committee to conduct correctional operations inspections.
1.22 FMJS CERTIFIED MEDICAL INSPECTOR — Any person who has successfully
completed the FMJS Medical Inspector Certification Course and ispresently
recognized by the FMJS Committee to conduct medical compliance inspections.
1.23. HEALTH AUTHORITY — The facility has a designated health authority with
responsibility for health care services pursuant to a written agreement, contract,
Effective Date: 07/01/2017 Page 5 of 90
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FLORIDA MODEL JAIL STANDARDS
or job description. The health authority may be a physician, health services
administrator, or health agency. When the health authority is other than a
physician, final clinical judgments rest with a single, designated, and responsible
physician. The health authority is authorized and responsible for making
decisions about the deployment of health resources and the day-to-day
operations of the health services program.
1.24 HOUSING AREA — That area of the facility where inmates are held after admission
and intake to the facility.
1.25 INDICTED JUVENILE — A juvenile of any age indicted by a grand jury for an
offense punishable by death or life imprisonment pursuant to the provisions of
Chapter 985, Florida Statutes.
1.26 INMATE WORKER (Trusty) — An inmate whose classification status allows him/her
to perform work or services in or about the facility or county.
1.27. JUVENILE— A person who is under the age of 18.
1.28 JUVENILE PREVIOUSLY FOUND TO HAVE COMMITTED AN OFFENSE AS AN
ADULT:
a. A juvenile who has been indicted and has been found to have committed
any offense for which he/she was indicted and against whom the court
imposed adult sanctions, shall thereafter be handled as if he/she were an
adult for any subsequent violation of Florida law pursuant to the provisions
of Chapter 985, Florida Statutes.
b. A juvenile who has been transferred for criminal prosecution pursuant to a
voluntary or involuntary waiver hearing or information and who has been
found to have committed the offense for which he/she is transferred or a
lesser included offense and against whom the court imposed adult
sanctions, shall thereafter be handled as if he/she were an adult for any
subsequent violation of Florida law pursuant to the provisions of Chapter
985, Florida Statutes. (See Appendix C Concerning Youth Detention
Facilities)
1.29 JUVENILE WANTED IN ANOTHER JURISDICTION AS AN ADULT — A juvenile who
is wanted in another jurisdiction for prosecution as an adult pursuant to the
provisions of Chapter 985, Florida Statutes.
1.30 LOCK-DOWN- That time when all inmates are physically restricted to their cell or
housing area.
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FLORIDA MODEL JAIL STANDARDS
1.31 MODEL JAIL STANDARDS — Rules and procedures for all County and Municipal
Detention Facilities including but not limited to construction, equipment,
maintenance, and operation, cleanliness, sanitation, the number of inmates who
may be housed therein per specified unit of floor space; the supply of bedding,
food services, medical care and health and comfort items; and the disciplinary
treatment of inmates.
1.32 MULTIPURPOSE SPACE — Any space, which is designated or developed for the use
of the inmates or the staff for a combination of programs, activity, dining,
exercise, and training.
1.33 NON-SECURE CUSTODY — Holding the juvenile:
a. In an unlocked multipurpose area such as a lobby, office or interrogation
room which is not designated, set aside, or used as a secure detention
area or is not a part of such an area, or, if asecure area, is used only for
processing purposes;
b, The juvenile is not physically secured to a cuffing rail or other stationary
object during the period of custody in the facility;
C. The use of the area is limited to providing non-secure custody only long
enough and for the purposes of identification, investigation, processing,
release to parents, or arranging transfer to an appropriate juvenile facility
or to court;
d. In no event shall the area be designed or intended to be used for inmate
housing purposes;
e. The juvenile must be under continuous visual supervision by a law
enforcement officer or facility staff while he/she is in non-secure custody.
1.34 NOTABLE VIOLATIONS — All violations that are not serious.
1.35 OFFICER-IN-CHARGE — The Sheriff, Chief Correctional Officer or any correctional
administrator appointed by a City or County Board of Commissioners.
1.36 PERMANENT FILE—- A record maintained as required by the Florida Department of
State General Records Schedule GS1-SL for State and Local Governments,
General Records Schedule GS2 for Law Enforcement, Correctional Facilities, and
District Medical Examiners, and General Records Schedule GS4 for Public
Hospitals, Health Care Facilities and Medical Providers.
Effective Date: 07/01/2017 Page 7 of 90
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FLORIDA MODEL JAIL STANDARDS
1.37 PRISONER or INMATE — A person who is lawfully detained in a detention facility.
(See Appendix C Concerning Youth Detention Facilities)
1.38 RECREATION AREA — Any secure area (indoor/outdoor) designated to be used for
inmate exercise or recreation activities other than a dayroom or multiple purpose
space.
1.39 REDUCED CUSTODY HOUSING AREA — That area designed to hold a large
number of inmates in a dormitory or barracks type setting. The area may or may
not have a security exterior and limited access. A reduced custody housing area
may have exterior walls constructed of canvas, cloth or any material similarly
flexible or woven, which is flame resistant and is supported by a structural frame
of metal or similar durable material.
1.40 REGULAR CONTACT WITH JUVENILES means sight and sound contact pursuant
to the provisions of Chapter 985, Florida Statutes.
1.41 SALLY PORT- Any entry area for vehicles or personnel where one door or gate
must be closed prior to the opening of the other door or gate. Security vestibule
is the same as sally port except itrefers to an inside area of the detention facility.
1.42 SECURE HOUSING AREA — That area designed to house inmates that, as
determined by a classification process, pose a threat to the custody, security or
welfare of others. This requires living quarters to be equipped with security
hardware. The individual cells and day rooms are included in this area.
1.43 SERIOUS VIOLATION — A violation of these standards or other conditions or
practices that appears to pose a substantial and immediate danger to the life,
health, or safety of one or more inmates or employees. Standards for which a
violation would be considered serious are indicated in bold print and asterisk
(within the standards and in all inspection report checklists).
1.44 SHOULD when used in lieu of will, shall, or must is not a mandatory standard,
and denotes a correctional practice that is desirable and conducive to good
inmate management.
1.45 SIGHT AND NORMAL SOUND for the purposes of supervision within the facility —
A security post is located to ensure visual contact with the inmate. This may be
accomplished through means of electronic surveillance, provided that a certified
officer is immediately available to hear and respond promptly to calls for help.
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FLORIDA MODEL JAIL STANDARDS
1.46 SPECIAL HANDLING AREA - Any cell or housing area used to house persons with
special needs such as mental illness or who exhibit suicidal tendencies and those
who must be observed on a more frequent basis. This area must meet all
requirements of these regulations.
1.47. SUPERVISION, CARE, CUSTODY, AND CONTROL - A certified correctional officer's
or juvenile detention officer’s duties including observing, watching, monitoring,
moving, having custody of, exercising dominion and control over, safeguarding,
taking charge of, restraining, overseeing, protecting, supervising, and directing
inmates. This definition shall not include duties involving the automated opening
or closing of doors within the facility when such duties are performed under the
direction and observation of a certified correctional officer or certified juvenile
detention officer.
1.48 7EMPERED-— A mixture of hot and cold running water, under pressure, that is
thermostatically controlled to temperatures ranging between 100 and 120
degrees Fahrenheit.
1.49 TEMPORARY CUSTODY OFA JUVENILE — The holding of a juvenile for a period
not to exceed six hours in a secure booking area of a jail or other facility intended
or used for the detention of adults for the purpose of fingerprinting or
photographing the juvenile or awaiting appropriate transport to the Department
of Juvenile Justice provided no sight and sound contact between the juvenile and
adult inmates or inmate workers is permitted and provided the receiving facility
has adequate staff to supervise and monitor the juvenile's activities at all times
pursuant to the provisions of Section 985.115, Florida Statutes.
1.50 WAIVED JUVENILE — A juvenile who is at least 14 years of age and whose case
has been certified and transferred for trial as if the juvenile were an adult
pursuant to the provisions of Chapter 985, Florida Statutes.
1.51 JUVENILE DETENTION OFFICER — An officer certified by the Florida Department
of Juvenile Justice pursuant to Rule 63H-2.007, Florida Administrative Code.
Juvenile Detention Officers are authorized to provide supervision, protection, care,
custody, and control of inmates within a juvenile detention facility.
Effective Date: 07/01/2017 Page 9 of 90
Aguiar Declaration, Exhibit A
FLORIDA MODEL JAIL STANDARDS
CHAPTER 2 - GENERAL PROVISIONS
2.1 These standards have been adopted by the Florida Sheriffs' Association and the
Association of Counties and filed with the Department of State pursuant to
applicable Model Jail Standards (Chapter 951, Florida Statutes). Amendment or
repeal of any provision herein iswithin the discretion of the Standards Committee.
The supervision, care, custody, treatment, housing, and general handling of
inmates will be in accordance with these standards. Sections pertaining to contact
visiting, work, and study release, canteen or commissary privileges, and exercise
are not applicable to inmates that are held less than 36 hours. In addition, a
holding cell need not meet all housing standards set forth in this chapter,
provided that the cell complies with the following requirements: (See Appendix C
Concerning Youth Detention Facilities)
a. The inmate is always within sight and normal sound of an officer certified
in accordance with Chapter 943, Florida Statutes. This may be
accomplished through means of electronic surveillance, provided that a
certified officer is available to respond to calls for help;
b. Inmates have reasonable access to toilet, sink, and drinking water
facilities;
C. The cell meets the requirements of the State Fire Codes at all times;
d. The cell complies with sanitation standards as prescribed in Chapter 12 of
this document;
e. There is sufficient lighting to observe inmates and to meet all security
requirements;
f. Inmates will not be held in a holding cell in excess of 8 hours.
1. It is understood that there may be occasions when an inmate's
behavior may prevent him or her being placed into general
population. Therefore, inmates who are unruly and/or intoxicated
may be kept in a holding cell beyond the eight (8) hour limit.
2. Any exceptions to the 8 hour rule must be fully documented
indicating the justification for and include 15-minute documented
checks.
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FLORIDA MODEL JAIL STANDARDS
2.2 FMJS Certified Jail Inspector- Any person who has successfully completed the
FMJS Inspector Certification Course and is presently recognized by the FMJS
Committee, to conduct correctional operations inspections. Additionally this FMJS
certification is only valid until December 31 of the fourth certification anniversary
date. All FMJS inspectors are required to successfully complete a classroom re-
certification every four (4) years and pass the test with a 80% and submit final
test scores and supporting documentation prior to a new certification being
issued. Additionally, all FMJS Jail Inspectors are required to successfully complete
an re-certification class every four (4) years in order to maintain the certification.
In addition, each FMJS Jail Inspector must complete two (2) jail inspections in the
four (4) year period of their certification in order to maintain their certification.
The Jail Inspectors shall report their inspection activity to the FMJS Committee
Chair and the Florida Sheriff’s Association each year for compliance.
a. To become a Florida Model Jail Standards Inspector, the candidate's
qualifications must include:
1. Actively employed and/or retired certified with five (5) years
experience in the care, custody and control of inmates or a civilian
employee with 8 years of experience in the jail operations and;
2. Written endorsement(s) from the candidate’s Sheriff.
b. If the candidate is not employed by a Sheriff's Office, written endorsement
must be submitted from the Chief Executive Officer of the correctional
facility with which the candidate isemployed.
2.3. FMJS Certified Medical Inspector — Any person who has successfully completed
the FMJS Medical Inspector Certification Course and is presently recognized by
the FMJS Committee to conduct medical compliance inspections. Additionally, this
FMJS certification is only valid for four (4) years. All FMJS Medical inspectors are
required to successfully complete an re-certification course every four years, in
order to maintain the certification. In addition, each FMJS Medical Inspector must
complete two (2) medical inspections in a four (4) year period of their certification
in order to maintain their certification. The Medical Inspectors shall report their
inspection activity to the FMJS Committee Chair and the Florida Sheriff's
Association each year for compliance.
a. To become a Florida Model Jail Standards Medical Inspector, the
candidate’s qualifications must include:
Effective Date: 07/01/2017 Page 11 of 90
Aguiar Declaration, Exhibit A
FLORIDA MODEL JAIL STANDARDS
1. State of Florida Licensed Health Professional (restricted to
physicians, nurses, advanced registered nurse practitioners, and
physician assistants, EMT’s and Paramedics), and;
2. Actively employed, or retired from active employment in a jail or
prison setting for a minimum of three (3) years, and:
3. Written endorsement from the candidate’s Sheriff and if services are
contracted, an endorsement from the candidate’s employing Chief
Executive Officer.
a. If the candidate is not employed by a Sheriff's Office, written
endorsement(s) must be submitted from the Chief Executive
Officer of the correctional facility with which the candidate is
employed.
b, FMJS certification is only valid until December 31 of the fourth certification
anniversary date.
C. To recertify as a FMJS Medical Inspector the following isrequired:
1. Successfully complete a classroom re-certification course every four
(4) years and pass the test with a 80% and submit final test scores
and supporting documentation prior to a new certification being
issued; and
2. Successfully complete an refresher course once every four years, in
order to maintain certification.
2.4 The Officer-in-Charge shall contract or arrange for a FMJS Certified Inspector(s)
for the purpose of inspecting all county and municipal detention facilities. The
FMJS Inspector(s) shall inspect for compliance with all applicable Florida Model
Jail Standards. At a minimum, one complete FMJS Facility Inspection shall be
conducted annually. Additionally, the completed annual FMJS facility inspection
shall be completed no later than November 30th of each year. The FMJS Facility
Inspection process shall consist of two separate components: (a) Correctional
Operations, and (b) Medical Compliance. The criteria for each type of inspection
are listed below:
a. Correctional Operations Inspection - As certified by the FMJS Committee,
these FMJS Inspectors shall only inspect for compliance with all applicable
Effective Date: 07/01/2017 Page 12 of 90
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FLORIDA MODEL JAIL STANDARDS
correctional operations standards as listed in the Florida Model Jail
Standards (See Adult Detention Facility Checklist).
1. Facilities shall not be self-inspected.
b. Medical Compliance Inspection - As certified by the FMJS Committee, these
FMJS Medical Inspectors shall only inspect for compliance with all
applicable medical standards as listed in the Florida Model Jail Standards
(Medical Checklist).
1. Facilities shall not have their medical units self-inspected.
2.5 Technical Assistance
a. FMJS Compliance Assistance — The Sheriff or Office in Charge may contact
the Chair of the FMJS for assistance in achieving compliance with the
FMJS.
b, D.O.C. Technical Assistance - The governing board of a county or
municipality may enter into an agreement with the Department of
Corrections authorizing the Department to inspect the local detention
facilities under the jurisdiction of the governing body. A governing board of
a county or municipality may enter into such agreements with the
Department upon consultation with the Sheriff, if the Sheriff operates the
detention facility. The inspections performed by the Department shall be
consolatory in nature and for the purpose of advising the local governing
bodies concerning compliance with the standards adopted by the detention
facility's chief correctional officer. Such agreements must include but are
not limited to, provisions for the physical and operational standards that
were adopted by the Chief Correctional Officer of the detention facility, the
manner and frequency of inspections to be conducted by the Department,
whether such inspections are to be announced or unannounced by the
Department, the type of access the Department may have to the detention
facility, and the amount of payment by the local governing body, if any, for
the services rendered by the Department. Inspections and access to local
detention facilities shall not interfere with custody of inmates or the
security of the facilities as determined by the Chief Correctional Officer of
each facility. Any fees collected by the Department pursuant to such
agreements must be deposited into the Grants and Donations Trust and
shall be used to pay the cost of the services provided by the Department to
monitor local detention facilities pursuant to such agreements. (See
Appendix C Concerning Youth Detention Facil
Preview
Filing # 124209143 E-Filed 04/01/2021 04:36:22 PM FLORIDA MODEL JAIL STANDARDS | STANDARDS oe| | | : ANCODFERATIONWI 4 | PEPE|sHerires|] assocurionor| Effective Date: 07/01/2017 Page 1 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS TABLE OF CONTENTS Chapter Subject Page Effective Date 1 Definitions 4 07-01-15 2 11 07-01-15 3 24 10-01-14 4 Agrmission, Classification, Release 27 01-01-15 5 Housing 31 07-01-15 6 Food 34 01-01-15 7 Medical 36 07-01-15 8 Clothing and Bedding 43 10-01-14 9 Programs 44 01-01-09 10 Privileges 48 01-01-15 11 Security and Control 50 07-01-15 12 Sanitation 55 01-01-15 13 Order and Discipline 5/7 07-01-13 14 Contraband 63 01-01-04 15 Direct Supervision Jails 64 01-01-04 16 ~—s- Physical Plant 65 02-01-16 17 Minimum Construction Standards 69 01-01-07 18 Admission, Classification, and Release of Juveniles 74 01-01-08 19 Housing ofJuveniles 16 10-01-14 20 ndards Committee Guidelines 77 10-01-98 21 Youth Detention Facilities 79 10-01-14 Appendix A 86 Appendix B 87 Appendix C 88 Effective Date: 07/01/2017 Page 2 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS CHAPTER 1 - DEFINITIONS As used inthis document, the following terms apply: 1.1. ACTIVITY SPACE - Any space other than a cell or day room, which is designated, for inmate programs, such as chapel, work, and study. 1.2 ADMINISTRATIVE CONFINEMENT — The segregation of an inmate for investigation, protection, or some cause other than disciplinary action. 1.3. AUXILIARY CORRECTIONAL OFFICER — Any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a county or municipal detention facility. For purposes of this document, no auxiliary officer shall be permitted to be assigned to a post within the secured area of the facility where such officer is not under the direct sight and sound supervision of a certified correctional officer at alltimes. 1.4 CELL-— Any room in a detention facility, except a dormitory, that is designed to incarcerate one or more inmates. a. HOLDING CELL — Any cell used to hold inmates awaiting some process, such as booking, interrogation or court appearances. b. ISOLATION CELL — A single cell used for housing an inmate removed from the general population. C. MULTIPLE OCCUPANCY CELL — A cell that contains sleeping space for two or more inmates with a partition between the cell and the day room space. d. SINGLE CELL — A cell that contains sleeping space for a single inmate. 1.5 CERTIFIED CORRECTIONAL OFFICER — An officer certified by the Criminal Justice Standards and Training Commission pursuant to Chapter 943, Florida Statutes. 1.66 CIVILIAN STAFF— An employee, independent contractor, volunteer or any other person who works or performs any service at a jail facility who is not certified as either a juvenile detention officer by the Florida department of Juvenile Justice or Effective Date: 07/01/2017 Page 3 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS a correctional officer, law enforcement officer or auxiliary officer by the Criminal Justice Standards and Training Commission in accordance with Chapter 943, Florida Statutes. Civilian staff may not be utilized in the secure area of the jail facility to provide supervision, care, custody or control of inmates with the exception of inmate workers. Civilian staff may be utilized to provide psychological and medical care, commissary, repair and maintenance services, property storage, education and religious services, and work in communications, food preparation, programs, booking, records, classification, laundry, sanitation, control rooms. 1.7. CLOSE SUPERVISION — Regular, documented, physical observation of an inmate by certified correctional officers or members of the medical staff at intervals not to exceed 15 minutes. 1.8 CLOSELY MONITORED — Regular documented, physical observation of an inmate by certified correctional officers or members of the medical staff at intervals not to exceed 30 minutes or as specified by medical authority and/or the officer in charge. 1.9 COMMON AREA - Any area of a detention facility, which is used for more than one purpose. It includes catwalks, walkways, halls, foyers, corridors, waiting rooms, entrances, porches, or other areas, which provide movement, space, or are part of the access to the facility and egress there from. 1.10 DAY ROOM - That area of a detention facility other than a cell, which is used, for the general purposes of the inmates. 1.11 DETENTION FACILITY — A county jail, a county stockade, a county work camp, a prison camp, a county residential probation center, and any other place used by a county for the lawful detention of inmates charged with or convicted of a felony, misdemeanor, a county or municipal offense, or who is otherwise held pursuant to court order. 1.12 DINING AREA - Any area, other than a cell or day room, which is designated for feeding inmates or staff of the detention facility. 1.13. DIRECTFILED JUVENILE — A juvenile who at the time of commission of the alleged offense was at least 16 years of age and against whom an information has been filed by the state attorney transferring the juvenile for prosecution as an adult pursuant to the provisions of Chapter 985, Florida Statutes. Effective Date: 07/01/2017 Page 4 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS 1.14 DIRECT OBSERVATION — Continuous visual observation 24 hours each day with physical observations documented at intervals not to exceed 15 minutes for adults and 10 minutes for juveniles. 1.15 DIRECT SUPERVISION HOUSING UNIT — A housing unit where the design capacity is such that it may effectively be managed by one (1) officer. An officer's post in this type of housing unit shall be located within the unit to ensure direct contact with inmates twenty-four (24) hours a day. Such housing units shall contain sleeping areas, day rooms, all necessary personal hygiene fixtures, and sufficient tables and seats to accommodate capacity. 1.16 DIRECTSUPERVISION JAIL — A management style of jail construction that ensures continuing direct contact between officers and inmates by the posting of officers inside housing units. Security, evaluation, and classification of inmates are ongoing and continuous functions of a direct supervision jail and are based on close staff contact and interaction with inmates in a housing unit. 1.17 DISCIPLINARY CONFINEMENT — The segregation of an inmate for disciplinary reasons. 1.18 DISINTERESTED PARTY — Refers to any individual who does not have a reason for a dispute to be resolved in any particular manner. A party who has nothing to gain from how an argument isdecided. This individual may be internal or external to the criminal justice agency. 1.19 DORMITORY -— Any housing area in a detention facility that is designed to incarcerate more than two inmates and that contains day room space in addition to sleeping space. 1.20 EMPLOYEE — Any person employed, under contract with, or appointed by a county or municipal government or officer whose primary responsibility is the supervision, protection, care, custody, and provision of support services and/or control of inmates. 1.21 FMJS CERTIFIED JAIL INSPECTOR— Any person who has successfully completed the FMJS Inspector Certification Course and is presently recognized by the FMJS Committee to conduct correctional operations inspections. 1.22 FMJS CERTIFIED MEDICAL INSPECTOR — Any person who has successfully completed the FMJS Medical Inspector Certification Course and ispresently recognized by the FMJS Committee to conduct medical compliance inspections. 1.23. HEALTH AUTHORITY — The facility has a designated health authority with responsibility for health care services pursuant to a written agreement, contract, Effective Date: 07/01/2017 Page 5 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS or job description. The health authority may be a physician, health services administrator, or health agency. When the health authority is other than a physician, final clinical judgments rest with a single, designated, and responsible physician. The health authority is authorized and responsible for making decisions about the deployment of health resources and the day-to-day operations of the health services program. 1.24 HOUSING AREA — That area of the facility where inmates are held after admission and intake to the facility. 1.25 INDICTED JUVENILE — A juvenile of any age indicted by a grand jury for an offense punishable by death or life imprisonment pursuant to the provisions of Chapter 985, Florida Statutes. 1.26 INMATE WORKER (Trusty) — An inmate whose classification status allows him/her to perform work or services in or about the facility or county. 1.27. JUVENILE— A person who is under the age of 18. 1.28 JUVENILE PREVIOUSLY FOUND TO HAVE COMMITTED AN OFFENSE AS AN ADULT: a. A juvenile who has been indicted and has been found to have committed any offense for which he/she was indicted and against whom the court imposed adult sanctions, shall thereafter be handled as if he/she were an adult for any subsequent violation of Florida law pursuant to the provisions of Chapter 985, Florida Statutes. b. A juvenile who has been transferred for criminal prosecution pursuant to a voluntary or involuntary waiver hearing or information and who has been found to have committed the offense for which he/she is transferred or a lesser included offense and against whom the court imposed adult sanctions, shall thereafter be handled as if he/she were an adult for any subsequent violation of Florida law pursuant to the provisions of Chapter 985, Florida Statutes. (See Appendix C Concerning Youth Detention Facilities) 1.29 JUVENILE WANTED IN ANOTHER JURISDICTION AS AN ADULT — A juvenile who is wanted in another jurisdiction for prosecution as an adult pursuant to the provisions of Chapter 985, Florida Statutes. 1.30 LOCK-DOWN- That time when all inmates are physically restricted to their cell or housing area. Effective Date: 07/01/2017 Page 6 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS 1.31 MODEL JAIL STANDARDS — Rules and procedures for all County and Municipal Detention Facilities including but not limited to construction, equipment, maintenance, and operation, cleanliness, sanitation, the number of inmates who may be housed therein per specified unit of floor space; the supply of bedding, food services, medical care and health and comfort items; and the disciplinary treatment of inmates. 1.32 MULTIPURPOSE SPACE — Any space, which is designated or developed for the use of the inmates or the staff for a combination of programs, activity, dining, exercise, and training. 1.33 NON-SECURE CUSTODY — Holding the juvenile: a. In an unlocked multipurpose area such as a lobby, office or interrogation room which is not designated, set aside, or used as a secure detention area or is not a part of such an area, or, if asecure area, is used only for processing purposes; b, The juvenile is not physically secured to a cuffing rail or other stationary object during the period of custody in the facility; C. The use of the area is limited to providing non-secure custody only long enough and for the purposes of identification, investigation, processing, release to parents, or arranging transfer to an appropriate juvenile facility or to court; d. In no event shall the area be designed or intended to be used for inmate housing purposes; e. The juvenile must be under continuous visual supervision by a law enforcement officer or facility staff while he/she is in non-secure custody. 1.34 NOTABLE VIOLATIONS — All violations that are not serious. 1.35 OFFICER-IN-CHARGE — The Sheriff, Chief Correctional Officer or any correctional administrator appointed by a City or County Board of Commissioners. 1.36 PERMANENT FILE—- A record maintained as required by the Florida Department of State General Records Schedule GS1-SL for State and Local Governments, General Records Schedule GS2 for Law Enforcement, Correctional Facilities, and District Medical Examiners, and General Records Schedule GS4 for Public Hospitals, Health Care Facilities and Medical Providers. Effective Date: 07/01/2017 Page 7 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS 1.37 PRISONER or INMATE — A person who is lawfully detained in a detention facility. (See Appendix C Concerning Youth Detention Facilities) 1.38 RECREATION AREA — Any secure area (indoor/outdoor) designated to be used for inmate exercise or recreation activities other than a dayroom or multiple purpose space. 1.39 REDUCED CUSTODY HOUSING AREA — That area designed to hold a large number of inmates in a dormitory or barracks type setting. The area may or may not have a security exterior and limited access. A reduced custody housing area may have exterior walls constructed of canvas, cloth or any material similarly flexible or woven, which is flame resistant and is supported by a structural frame of metal or similar durable material. 1.40 REGULAR CONTACT WITH JUVENILES means sight and sound contact pursuant to the provisions of Chapter 985, Florida Statutes. 1.41 SALLY PORT- Any entry area for vehicles or personnel where one door or gate must be closed prior to the opening of the other door or gate. Security vestibule is the same as sally port except itrefers to an inside area of the detention facility. 1.42 SECURE HOUSING AREA — That area designed to house inmates that, as determined by a classification process, pose a threat to the custody, security or welfare of others. This requires living quarters to be equipped with security hardware. The individual cells and day rooms are included in this area. 1.43 SERIOUS VIOLATION — A violation of these standards or other conditions or practices that appears to pose a substantial and immediate danger to the life, health, or safety of one or more inmates or employees. Standards for which a violation would be considered serious are indicated in bold print and asterisk (within the standards and in all inspection report checklists). 1.44 SHOULD when used in lieu of will, shall, or must is not a mandatory standard, and denotes a correctional practice that is desirable and conducive to good inmate management. 1.45 SIGHT AND NORMAL SOUND for the purposes of supervision within the facility — A security post is located to ensure visual contact with the inmate. This may be accomplished through means of electronic surveillance, provided that a certified officer is immediately available to hear and respond promptly to calls for help. Effective Date: 07/01/2017 Page 8 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS 1.46 SPECIAL HANDLING AREA - Any cell or housing area used to house persons with special needs such as mental illness or who exhibit suicidal tendencies and those who must be observed on a more frequent basis. This area must meet all requirements of these regulations. 1.47. SUPERVISION, CARE, CUSTODY, AND CONTROL - A certified correctional officer's or juvenile detention officer’s duties including observing, watching, monitoring, moving, having custody of, exercising dominion and control over, safeguarding, taking charge of, restraining, overseeing, protecting, supervising, and directing inmates. This definition shall not include duties involving the automated opening or closing of doors within the facility when such duties are performed under the direction and observation of a certified correctional officer or certified juvenile detention officer. 1.48 7EMPERED-— A mixture of hot and cold running water, under pressure, that is thermostatically controlled to temperatures ranging between 100 and 120 degrees Fahrenheit. 1.49 TEMPORARY CUSTODY OFA JUVENILE — The holding of a juvenile for a period not to exceed six hours in a secure booking area of a jail or other facility intended or used for the detention of adults for the purpose of fingerprinting or photographing the juvenile or awaiting appropriate transport to the Department of Juvenile Justice provided no sight and sound contact between the juvenile and adult inmates or inmate workers is permitted and provided the receiving facility has adequate staff to supervise and monitor the juvenile's activities at all times pursuant to the provisions of Section 985.115, Florida Statutes. 1.50 WAIVED JUVENILE — A juvenile who is at least 14 years of age and whose case has been certified and transferred for trial as if the juvenile were an adult pursuant to the provisions of Chapter 985, Florida Statutes. 1.51 JUVENILE DETENTION OFFICER — An officer certified by the Florida Department of Juvenile Justice pursuant to Rule 63H-2.007, Florida Administrative Code. Juvenile Detention Officers are authorized to provide supervision, protection, care, custody, and control of inmates within a juvenile detention facility. Effective Date: 07/01/2017 Page 9 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS CHAPTER 2 - GENERAL PROVISIONS 2.1 These standards have been adopted by the Florida Sheriffs' Association and the Association of Counties and filed with the Department of State pursuant to applicable Model Jail Standards (Chapter 951, Florida Statutes). Amendment or repeal of any provision herein iswithin the discretion of the Standards Committee. The supervision, care, custody, treatment, housing, and general handling of inmates will be in accordance with these standards. Sections pertaining to contact visiting, work, and study release, canteen or commissary privileges, and exercise are not applicable to inmates that are held less than 36 hours. In addition, a holding cell need not meet all housing standards set forth in this chapter, provided that the cell complies with the following requirements: (See Appendix C Concerning Youth Detention Facilities) a. The inmate is always within sight and normal sound of an officer certified in accordance with Chapter 943, Florida Statutes. This may be accomplished through means of electronic surveillance, provided that a certified officer is available to respond to calls for help; b. Inmates have reasonable access to toilet, sink, and drinking water facilities; C. The cell meets the requirements of the State Fire Codes at all times; d. The cell complies with sanitation standards as prescribed in Chapter 12 of this document; e. There is sufficient lighting to observe inmates and to meet all security requirements; f. Inmates will not be held in a holding cell in excess of 8 hours. 1. It is understood that there may be occasions when an inmate's behavior may prevent him or her being placed into general population. Therefore, inmates who are unruly and/or intoxicated may be kept in a holding cell beyond the eight (8) hour limit. 2. Any exceptions to the 8 hour rule must be fully documented indicating the justification for and include 15-minute documented checks. Effective Date: 07/01/2017 Page 10 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS 2.2 FMJS Certified Jail Inspector- Any person who has successfully completed the FMJS Inspector Certification Course and is presently recognized by the FMJS Committee, to conduct correctional operations inspections. Additionally this FMJS certification is only valid until December 31 of the fourth certification anniversary date. All FMJS inspectors are required to successfully complete a classroom re- certification every four (4) years and pass the test with a 80% and submit final test scores and supporting documentation prior to a new certification being issued. Additionally, all FMJS Jail Inspectors are required to successfully complete an re-certification class every four (4) years in order to maintain the certification. In addition, each FMJS Jail Inspector must complete two (2) jail inspections in the four (4) year period of their certification in order to maintain their certification. The Jail Inspectors shall report their inspection activity to the FMJS Committee Chair and the Florida Sheriff’s Association each year for compliance. a. To become a Florida Model Jail Standards Inspector, the candidate's qualifications must include: 1. Actively employed and/or retired certified with five (5) years experience in the care, custody and control of inmates or a civilian employee with 8 years of experience in the jail operations and; 2. Written endorsement(s) from the candidate’s Sheriff. b. If the candidate is not employed by a Sheriff's Office, written endorsement must be submitted from the Chief Executive Officer of the correctional facility with which the candidate isemployed. 2.3. FMJS Certified Medical Inspector — Any person who has successfully completed the FMJS Medical Inspector Certification Course and is presently recognized by the FMJS Committee to conduct medical compliance inspections. Additionally, this FMJS certification is only valid for four (4) years. All FMJS Medical inspectors are required to successfully complete an re-certification course every four years, in order to maintain the certification. In addition, each FMJS Medical Inspector must complete two (2) medical inspections in a four (4) year period of their certification in order to maintain their certification. The Medical Inspectors shall report their inspection activity to the FMJS Committee Chair and the Florida Sheriff's Association each year for compliance. a. To become a Florida Model Jail Standards Medical Inspector, the candidate’s qualifications must include: Effective Date: 07/01/2017 Page 11 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS 1. State of Florida Licensed Health Professional (restricted to physicians, nurses, advanced registered nurse practitioners, and physician assistants, EMT’s and Paramedics), and; 2. Actively employed, or retired from active employment in a jail or prison setting for a minimum of three (3) years, and: 3. Written endorsement from the candidate’s Sheriff and if services are contracted, an endorsement from the candidate’s employing Chief Executive Officer. a. If the candidate is not employed by a Sheriff's Office, written endorsement(s) must be submitted from the Chief Executive Officer of the correctional facility with which the candidate is employed. b, FMJS certification is only valid until December 31 of the fourth certification anniversary date. C. To recertify as a FMJS Medical Inspector the following isrequired: 1. Successfully complete a classroom re-certification course every four (4) years and pass the test with a 80% and submit final test scores and supporting documentation prior to a new certification being issued; and 2. Successfully complete an refresher course once every four years, in order to maintain certification. 2.4 The Officer-in-Charge shall contract or arrange for a FMJS Certified Inspector(s) for the purpose of inspecting all county and municipal detention facilities. The FMJS Inspector(s) shall inspect for compliance with all applicable Florida Model Jail Standards. At a minimum, one complete FMJS Facility Inspection shall be conducted annually. Additionally, the completed annual FMJS facility inspection shall be completed no later than November 30th of each year. The FMJS Facility Inspection process shall consist of two separate components: (a) Correctional Operations, and (b) Medical Compliance. The criteria for each type of inspection are listed below: a. Correctional Operations Inspection - As certified by the FMJS Committee, these FMJS Inspectors shall only inspect for compliance with all applicable Effective Date: 07/01/2017 Page 12 of 90 Aguiar Declaration, Exhibit A FLORIDA MODEL JAIL STANDARDS correctional operations standards as listed in the Florida Model Jail Standards (See Adult Detention Facility Checklist). 1. Facilities shall not be self-inspected. b. Medical Compliance Inspection - As certified by the FMJS Committee, these FMJS Medical Inspectors shall only inspect for compliance with all applicable medical standards as listed in the Florida Model Jail Standards (Medical Checklist). 1. Facilities shall not have their medical units self-inspected. 2.5 Technical Assistance a. FMJS Compliance Assistance — The Sheriff or Office in Charge may contact the Chair of the FMJS for assistance in achieving compliance with the FMJS. b, D.O.C. Technical Assistance - The governing board of a county or municipality may enter into an agreement with the Department of Corrections authorizing the Department to inspect the local detention facilities under the jurisdiction of the governing body. A governing board of a county or municipality may enter into such agreements with the Department upon consultation with the Sheriff, if the Sheriff operates the detention facility. The inspections performed by the Department shall be consolatory in nature and for the purpose of advising the local governing bodies concerning compliance with the standards adopted by the detention facility's chief correctional officer. Such agreements must include but are not limited to, provisions for the physical and operational standards that were adopted by the Chief Correctional Officer of the detention facility, the manner and frequency of inspections to be conducted by the Department, whether such inspections are to be announced or unannounced by the Department, the type of access the Department may have to the detention facility, and the amount of payment by the local governing body, if any, for the services rendered by the Department. Inspections and access to local detention facilities shall not interfere with custody of inmates or the security of the facilities as determined by the Chief Correctional Officer of each facility. Any fees collected by the Department pursuant to such agreements must be deposited into the Grants and Donations Trust and shall be used to pay the cost of the services provided by the Department to monitor local detention facilities pursuant to such agreements. (See Appendix C Concerning Youth Detention Facil