1.1 Definitions Pursuant to Section 1302

 

Chapter 1. General Intructions
Section 1.1
Subject 1.1 Definitions Pursuant to Section 1302
Effective Date 4/7/2023
  1. Administering Medication” as if it relates to pharmaceutical management, means the act by which a single dose of medication is given to a patient by licensed health care staff.  The single dose of medication may be taken either from stock (undispensed) or dispensed supplies.
  2.   “Alternate Means of Compliance” means a process for meeting or exceeding the intent of the standards in an innovative way, approved by the Board pursuant to an application.
  3.  “Appeal Hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for the formal decision concerning matters raised pursuant to the purposes set forth in these regulations.  Such hearings may be conducted using oral and/or written testimony as specified by the Executive Director of the Board or the Board.
  4. Appellant” means a county or city, which files a request for an appeal hearing.
  5. Authorized and Representative” means an individual authorized by the appellant to act as his representative in any or all aspects of the hearing.
  6. Board” means the Board of State and Community Corrections, which acts through its executive director, deputy directors and field representative
  7.  “Camp” means a juvenile camp, ranch, forestry camp or boot camp established in accordance with Section 881 of the Welfare and Institutions Code (WIC), to which youth made wards of the court on the grounds of fitting the description in Section 602 of the WIC, may be committed.
  8. Cell Extraction” means the forceful removal of a youth from a room.
  9. Chief Deputy” is the Departmental term for Facilities Manager.
  10. Clergy” means anyone ordained for religious duties.
  11. Committed” means placed in a jail or juvenile facility pursuant to a court order for a specific period of time, independent of, or in connection with, other sentencing alternatives.
  12.  “Contraband” is any object, writing or substance, the possession of which would constitute a crime under the laws of the State of California, pose a danger within a juvenile facility, would interfere with the orderly day-to-day operations of a juvenile facility, or violate facility rules.
  13. Control Room” is a continuously staffed secure area within the facility where staff is responsible for safety, security, emergency response, communications, electronics and movement.
  14. Control JSO” is the Juvenile Services Officer assigned to the control room for a specific shift.
  15. Court Holding Facility for Youth” means a local detention area constructed within a court building used for the confinement of youth and adults for the purpose of a court appearance, for a period not to exceed twelve (12) hours.
  16. Delivering Medication” as it relates to pharmaceutical management, means the act of providing one or more doses of a prescribed and dispensed medication to a youth.
  17.  “Developmentally Disabled” means those persons who have a disability, which originates before the individual attains age 18, continues, or can be expected to continue indefinitely, and constitutes a substantial disability for that individual.  This term includes mental retardation, cerebral palsy, epilepsy, and autism, as well as disabling conditions found to be closely related to mental retardation or that require treatment similar to that required for mentally retarded individuals.
  18.  “Direct Visual Observation” means staff must personally see youth’s movement and/or skin.  Audio/video monitoring may supplement, but not substitute for, direct visual observation.
  19. Direct Visual Supervision” means staff constantly in the presence of the youth.  Audio/video monitoring may supplement, but not substitute for, direct visual supervision.
  20. Dispensing” as it relates to pharmaceutical management, means the interpretation of the prescription order, the preparation, repackaging, and labeling of the drug based upon a prescription from a physician, dentist, or other prescriber authorized by law.
  21. Disposal” as it relates to pharmaceutical management, means the destruction of medication or its return to the manufacturer or supplier.
  22. DNA” or Deoxyribonucleic acid means a chromosomal double-stranded molecule that exists in each living cell.  DNA determines an individual’s hereditary characteristics and can be used to distinguish and identify an individual from another person.  This becomes critical when blood, hair, skin, or any other part of the body is used to prove one’s involvement or lack of involvement, in a crime scene.
  23. Emergency” means a significant disruption of normal facility procedure, policy or operation caused by civil disorder, single incident of mass arrest of juveniles or the occurrence of natural disasters such as flood, fire, or earthquake, and which requires immediate action to avert death or injury and to maintain security.
  24.  “Executive Director” means the Executive Director of the Board of State and Community Corrections.
  25. Exercise” means an activity that requires physical exertion of the large muscle group.
  26. Exigent” means an urgent and unanticipated event that requires immediate action.

 

27.       “Facility Administrator” means chief probation officer, sheriff, marshal, chief of police or other official charged by law with administration of the facility.

 

28.       “Facility Manager” or “Chief Deputy of the Custody Division” means director, superintendent, police or sheriff commander or other person in charge of the day-to-day operation of a facility holding youths. 

 

29.       “Filing Date” means the date a request for an appeal hearing is received by the Executive Director of the Board.

 

30.       “504 Plan” means a written educational plan developed by a group of educators, administrators, parents and other relevant participants that addresses the needs of a disabled student with a physical or mental impairment which may substantially limit major life activities, including caring for one’s self, walking, seeing, hearing, speaking, breathing, working, performing manual tasks and learning as defined under section 504.

 

31.       “Furlough” means the conditional or temporary release of a youth from the           facility.

 

32.       “Gender Expression” means the manner in which a person expresses his or her gender through a manner of dress, speech, behavior, or physical attributes.

 

33.      “Gender Identity” is about how a person views and understands their own gender (man, woman, transgender, queer, etc.)

 

34.       “Group Punishment” means a group of uninvolved youth is disciplined due to the actions of one or more youth.

 

35.       “Health Administrator” means that individual or agency that is designated with responsibility for health care policy pursuant to a written agreement, contract or job description.  The health administrator may be a physician, an individual or a health agency.  In those instances where medical and Behavioral Health services are provided by separate entities, decisions regarding Behavioral Health services shall be made in cooperation with the Behavioral Health director.  When the administrator is other than a physician, final clinical judgments rest with a designated responsible physician.

 

36.       “Health Care” means medical, Behavioral Health and dental services.

 

37.       “Health Care Clearance” means a non-confidential statement which indicates to youth supervision staff that there are no health contradictions to a youth being admitted to a facility and specifies any limitations to full program participation.

 

38.       “Hearing Panel” means a panel comprised of three members of the Board who shall be selected by the Chairman at the time an appeal is filed.  A fourth member may be designated as alternate.  Members designated to the hearing panel shall not be employed by, or citizens of, the county or city submitting an appeal.

 

39.       “Individual Education Program” (IEP) means a written statement for each individual with exceptional needs that is developed, reviewed and revised in a meeting in accordance with Education Code Section 56345 and applicable federal laws and regulation.      

 

40.       “Juvenile Facility” means a juvenile hall, ranch or camp, forestry camp, regional youth education facility, boot camp or special purpose juvenile hall.

 

41.       “Juvenile Hall” means a county facility designed for the reception and temporary care of youth detained in accordance with the provisions of this subchapter and the juvenile court law.

 

42.       “Labeling” as it relates to pharmaceutical management, means the act of preparing and affixing an appropriate label to a medication container.

 

43.       “Legend Drugs” are any drugs defined as “dangerous drugs” under Chapter 9, Division 2, Section 4211 of the California Business and Professions Code.  These drugs bear the legend, “Caution Federal Law Prohibits Dispensing without a Prescription.”  The Food and Drug Administration (FDA) has determined, because of toxicity or other potentially harmful effects that these drugs are not safe for use except under the supervision of a health care practitioner licensed by law to prescribe legend drugs.

 

44.       “Living Unit” shall be a self-contained unit containing locked sleeping rooms, single and double occupancy sleeping rooms, or dormitories, day room space, water closets, wash basins, drinking fountains and showers commensurate to the number of youth housed. A living unit shall not be divided in a way that hinders direct access, supervision, immediate intervention or other action if needed.

 

45.       “Local Health Officer” means that licensed physician who is appointed by the Board of Supervisors pursuant to Health and Safety Code Section 101000 to carry out duly authorized orders and statutes related to public health within his/her jurisdiction.

 

46.       “Maximum Capacity” means the number of youth that can be housed at any one time in a juvenile hall, camp, ranch, home, forestry camp, regional youth education facility or boot camp in accordance with provisions in this subchapter.

 

47.       “Behavioral Health Director” means that individual who is designated by contract, written agreement or job description to have administrative responsibility for the Behavioral Health program.  The health administrator shall work in cooperation with the Behavioral Health director to develop and implement Behavioral Health policies and procedures.

 

48.       “Minor” means a person less than 18 years of age. Minor has been replaced with “youth.”

 

49.       “Monitor” is the department’s case management system.

 

50.       “Non-School Day” means a day when school is not in operation. It also applies when an individual youth is not enrolled in school and is not required to be in attendance.

 

51.       “Notice of Decision” means a written statement by the Executive Director of the Board of State and Community Corrections which contains the formal decision of the Executive Director and the reason for that decision.

 

52.       “On-Site Health Care Staff” means licensed, certified or registered health care personnel who provide regularly scheduled health care services at the facility pursuant to a contract, written agreement or job description.  It does not extend to emergency medical personnel or other health care personnel who may be on-site to respond to an emergency or an unusual situation.

 

53.       “Over‑the‑Counter (OTC) Drugs” as it relates to pharmaceutical management, are medications which do not require a prescription (non‑legend).

 

54.       “Pilot Project” means an initial short-term method to test or apply an innovation or concept related to the operation, management or design of a juvenile facility, jail or lockup pursuant to an application to, and approval by, the Board of State and Community Corrections.

 

55.       “Popular Design” means a design concept for detention facilities in which housing cells, dormitories or sleeping rooms are positioned around the perimeter of a common dayroom, forming a housing/living unit.  Generally, the majority of services for each housing/living unit (such as dining, medical exam/sick call, programming, school, etc.) occur in specified locations within the unit.

 

56.       “Primary Responsibility” is the ability of a youth supervision staff member to independently supervise one or more youth.

 

57.       “Procurement” as it relates to pharmaceutical management, means the system for ordering and obtaining medications for facility stock.

 

58.       “Proposed Decision” means a written recommendation from the hearing panel/hearing officer to the full Board containing a summary of facts and a recommended decision on an appeal.

 

59.       “Prostheses” means artificial devices to replace missing body parts or to compensate for defective bodily function.  Prostheses are distinguished from slings, crutches, or other similar assistive devices.

 

60.       “Psychotropic Medication” means those drugs that are used to treat psychiatric symptoms. Drugs used to reduce the toxic side effects of psychotropic medications are not included.

 

61.       “Recreation” means activities that occupy the attention and offer the opportunity for relaxation.  Such activities may include Ping-Pong, TV, reading, board games, or letter writing.

 

62.       “Regional Facility” means a facility serving two or more counties bound together by a memorandum of understanding or a joint powers agreement identifying the terms, conditions, rights, responsibilities and financial obligations of all parties.

 

63.       “Remodeling” means to alter the facility structure by adding, deleting or moving any of the building’s components, thereby affecting any of the spaces specified in Title 24, Section 460A.

 

64.       “Repackaging” as it relates to pharmaceutical management, means transferring medications from the original manufacturers’ container to another properly labeled container.

 

65.       “Request for Appeal Hearing” means a clear written expression of dissatisfaction about a procedure or action taken, requesting a hearing on the matter, and filed with the Executive Director of the Board of State and Community Corrections.

 

66.       “Responsible Physician” means that physician who is appropriately licensed by the State and is designated by contract, written agreement or job description to have responsibility for policy development in medical, dental and Behavioral Health matters involving clinical judgments.  The responsible physician may also be the health administrator.

 

67.      “Secure Youth” a youth who has been adjudicated for a WIC 707(b) offense and committed to the secure youth dispositional track.

 

68.       “Secure Youth Track”  is an in custody dispositional program for youth adjudicated of a WIC 707(b) offense.

 

67.       “Security Glazing” means a glass/polycarbonate composite glazing material designed for use in detention facility doors and windows and intended to withstand measurable, complex loads from deliberate and sustained attacks in a detention environment.

 

68.       “Separation” means limiting a youth’s participation in regular programming for a specific purpose.

 

69.       “Shall” is mandatory; “May” is permissive.

 

70.      “Sexual Orientation” means a person’s emotional, romantic, and sexual attraction for members of the same, opposite, or both sexes.

 

71.       “SOGIE” is an acronym that stands for Sexual Orientation, Gender Identity and Expression.

 

72.       “Special Purpose Juvenile Hall” means a county facility used for the temporary confinement of a youth, not to exceed 96 hours, prior to transfer to a full service juvenile facility or release.

 

73.       “Special Visits” mean visits by persons that may not be parents or guardians, as outlined in Section 1374 of these regulations, and may include mentors, extended family members, role models and spouses.

 

74.       “Status Offender” means a youth alleged or adjudged to be a person described in Section 601 of the Welfare and Institutions Code.

 

75.       “Storage” as it relates to pharmaceutical management, means the controlled physical environment used for the safekeeping and accounting of medications.

 

76.       “Supervisory Staff” means a staff person or Juvenile Services Officer or Officer whose primary duties may include, but are not limited to, scheduling and evaluating subordinate staff, providing on-the-job training, making recommendations for promotion, hiring and discharge of subordinate staff, recommending disciplinary actions, and overseeing subordinate staff work.  Supervisory staff shall not be included in the youth to supervision staff ratio, although some of their duties could include the periodic supervision of youth.

 

77.       “Transgender Youth” describes a youth who uses hormonal and/or physical alterations to change their body so that their sex and gender identity are congruent.

 

78.       “Use of Force” means an immediate means of overcoming resistance and controlling the threat of imminent harm to self or others.

 

79.       “Youth” means a person who is in the custody of the juvenile detention facility. This person may be under 18 years of age or over 18 years of age. This includes persons whose cases are under the jurisdiction of the juvenile court and persons whose cases are under the jurisdiction of the adult court.

 

80.       “Youth Supervision Staff” means a juvenile facility employee, whose duty is primarily the supervision of youth.  Administrative, supervisory, food services, janitorial and other auxiliary staff are not considered youth supervision staff.