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Home > Compliance > Tools > Determining Secure and Non-Secure Custody Status

Determining Secure and Non-Secure Custody Status

The JJDP Act and core protections only apply when a juvenile is in secure custody. The following chart and the flow chart on the next page show what constitutes secure and non-secure custody in an adult jail or lockup.

Secure Custody: JJDP Act Applies Non-Secure Custody: JJDP Act Does Not Apply
If the room where the juvenile is being held is within a larger, secure perimeter; OR If the room where the juvenile is being held is not within a larger, secure perimeter; AND
If the juvenile is cuffed to a cuffing rail or other stationary object; OR If the juvenile is not cuffed to a stationary object but may be handcuffed to him/herself; AND
If the room where the juvenile is being held is designated, set aside, or used as a secure detention area or is part of such an area; OR If the juvenile is in a room that is not designated, set aside, or used as a secure detention area and it is an unlocked multipurpose area such as a lobby, office or interrogation room; AND
If the room contains construction features designed to physically restrict the movement and activities of persons in custody such as a lock on the door (whether or not the door is actually locked), a cuffing ring or rail, steel bars, etc.; OR If the room contains no construction fixtures designed to physically restrict the movement and activities of persons in custody such as a lock on the door, a cuffing ring or rail, steel bars, etc.; AND
If the room is designated or intended to be used for residential purposes; OR If the room is not designated or intended to be used for residential purposes; AND
If the room contains delayed egress devices where the delay is greater than 30 seconds and the facility has not received written approval from the fire inspector to use the room; OR If the room contains delayed egress devices that do not exceed 30 seconds and the facility has received written approval from the fire inspector to use the room; AND
If the area is being used for purposes other than identification, investigation, processing and release to parents; OR If the area is used only for the purpose of identification, investigation, processing and release to parents, the juvenile is under constant supervision AND is sight and sound separated from adult inmates.
If the juvenile is left in a secure booking area after being photographed and fingerprinted; OR If the juvenile is booked in a secure booking area and is under continuous law enforcement visual supervision and is removed from the secure booking area (if there is no non-­secure booking area available within the facility) to a non-secure area immediately following the booking process for interrogation, contacting parents, or arranging placement or transportation; AND
If the juvenile is being processed through a secure booking area when an un-secure booking area is available within the facility. If the juvenile is under continuous visual law enforcement supervision and physical restriction of movement or activity is provided solely through facility staff (staff secure). A juvenile in a police car is considered to be in non-secure custody.