Determining Secure and Non-Secure
Sight and Sound Separation
- Definition, Rules, and Regulations
- Sight & Sound Contact
- Any physical or sustained sight and sound
contact between juvenile offenders in a secure custody status and
incarcerated adults, including inmate trustees. Sight contact is
defined as clear visual contact between incarcerated adults and
juveniles within close proximity to each other. Sound contact is
defined as direct oral communication between incarcerated adults
and juvenile offenders.
- Non-residential areas
- Areas within a secure facility such as sally
ports, admissions and processing areas, and areas used for dining,
education, recreation, vocational training, health care, passage
of inmates, etc.
- Residential areas
- Areas within a secure facility used for sleeping
and hygiene purposes.
- Use of the same non-residential area for adults and
juveniles, but not at the same time. Written policies must be in
place to ensure proper use and timing for each area.
Federal Rules and Regulations - Sight and Sound Separation
Maine Juvenile Code Title 15 Section 3203-A 7 (A)(1)(2)
- No physical or sustained sight and sound contact is allowed
between juvenile offenders in a secure custody status and incarcerated
adults, including inmate trustees.
- Separation must be maintained in all secure areas, residential
and non-residential, of adult jails and adult lockups. This
may be accomplished architecturally or through time-phasing.
If time-phasing is used, policies and procedures need to be
in place to support this.
- Brief and inadvertent or accidental contact between juvenile
offenders in secure custody status and incarcerated adults
in secure non-residential areas or areas that are not dedicated
for use only by juvenile offenders, does not constitute a reportable
violation and does not have to be documented.
- Any contact between juveniles in a secure custody status
and incarcerated adults in a dedicated juvenile area or any
residential area of a secure facility is a reportable violation.
- Booking: A juvenile is not considered
to be in secure custody status during booking when a secured
booking area is all that is available, continuous visual supervision
(supported by policies and procedures) is provided throughout
the booking process and the juvenile remains in the booking
area only long enough to be photographed and fingerprinted.
Therefore, separation protections would not apply during this
However, if the juvenile is not immediately
removed and separated following the booking process, the juvenile
is considered to be in a secured status and the event must
be recorded on the Secure
Juvenile Holding Log (see Appendix 5 in the complete Compliance
- A juvenile who has been transferred, waived, or direct-filed
in adult court on criminal felony charges is exempt from the
federal separation requirement, however, under Maine statutes,
if they are held securely, they must be physically separated
from adult inmates.
- In accordance with current OJJDP policy, Maine must assure
that no juvenile offender under public authority shall enter,
for any amount of time, into a secure setting or secure section
of any jail, lockup or correctional facility as a disposition
of an offense or as a means of modifying their behavior (e.g.
Shock Incarceration). However, youth visiting voluntarily as
part of a school project are not violations.