Authority: IC 11-8-2-5; IC 31-31-8-2

Affected: IC 11-8-2; IC 31-31-8

Sec. 5. (a) In order to achieve and maintain provisional compliance with this article, a new juvenile detention facility shall have been determined through inspection to be in compliance with the following:

1. (1) All mandatory standards.
2. (2) A minimum of seventy-five percent (75%) of the recommended standards within one (1) year of commencing operation.
3. (3) All physical plant standards.

(b) In order to achieve and maintain full compliance with this article, an existing juvenile detention facility shall have been determined through inspection to be in compliance with the following:

1. (1) All mandatory standards.
2. (2) A minimum of ninety percent (90%) of the recommended standards within two (2) years of commencing operation and each year thereafter.

(c) The department shall issue a written certification, either provisional or full, to all juvenile detention facilities that achieve compliance.

(d) Should a new or existing facility fail to achieve or maintain the required level of compliance with this article, a plan of action shall be submitted to the department within thirty (30) days to correct each deficiency. Approved plans of action shall remain valid for a period not to exceed one (1) year.

(e) The department shall provide ongoing monitoring of facilities under a corrective action plan.

(f) The department may petition the judge of the circuit court in the county in which the juvenile detention facility is located to restrict, alter the use of, or close the facility if:

1. (1) a plan of action is not approved;
2. (2) compliance with this article is not achieved within one (1) year; or
3. (3) the deficiencies are so severe as to affect life, health, or safety.

(Department of Correction; 210 IAC 8-1-5; filed Sep 16, 2022, 3:13 p.m.: 20221012-IR- 210220072FRA)