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. |
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