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51-Jurisdiction Survey of Juvenile Solitary Confinement Rules, Lowenstein, 2015

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51 – Jurisdiction Survey
of Juvenile Solitary Confinement Rules in
Juvenile Justice Systems

October 2015

Authors
Natalie J. Kraner
Pro Bono Counsel, Lowenstein Center for the Public Interest
Naomi D. Barrowclough
Nari Wang
Associates, Lowenstein Sandler LLP
Catherine Weiss
Partner and Chair, Lowenstein Center for the Public Interest
Jacob “Mendy” Fisch
Summer Associate, 2013
Lowenstein Sandler LLP

INTRODUCTION
What follows is the only nationwide survey known to us on the laws and policies
governing the use of solitary confinement in juvenile detention facilities.

In addition to

canvassing every state’s governing rules, the authors interviewed a number of practitioners and
the administrators of juvenile facilities about the actual use of solitary confinement in their home
jurisdictions in an effort to identify how the states’ practices deviate (if at all) from their written
rules and policies. This survey, which is an updated and expanded version of one released by the
Lowenstein Center for the Public Interest at Lowenstein Sandler in 2013, also undertakes a more
detailed review of the permitted uses of solitary confinement for reasons other than punishment.
The updated survey allows the reader to understand each state’s approach to imposing
solitary confinement, with a particular focus on the purposes of confinement (punitive or other
purposes, such as safety concerns), the length and conditions of such confinement, and the due
process protections in place (if any) for a juvenile entering or leaving solitary confinement. This
introduction discusses the trends that emerge from the survey, caveats to keep in mind while
reading the survey, and lessons learned from states’ laws and practices.

1

Key Findings on the Use of Punitive Solitary Confinement1
21 jurisdictions prohibit the use of punitive solitary confinement in juvenile
facilities by law or practice. Some states allow confinement for only a few
hours a day; those states that allow it for a maximum of 4 hours per day are
counted among the states that have banned punitive solitary confinement.
20 more states impose time-limits on the use of punitive solitary confinement,
ranging from 6 hours2 to 90 days.3 Among states that allow punitive
confinement, the most common limits on the amount of time that juveniles
may spend in isolation are 3 to 5 days.
10 states either place no limit on the amount of time a juvenile may spend in
punitive solitary confinement or allow indefinite extensions of their time limits
through administrative approval.

These results show that the states are moving away from the use of punitive solitary
confinement in juvenile detention facilities. Indeed, much progress has occurred in the two years
since this survey was first released in 2013. Several states, including New Jersey, Illinois, and
Ohio, have recently banned the use of punitive isolation in juvenile facilities; and others, such as
California, have pending legislation that, if passed, will eliminate the use of punitive solitary
confinement in line with the growing national trend.
The ill-effects and overuse of solitary confinement have likewise been a growing area of
concern in all three branches of the Federal government. Recognizing that “[s]ocial science
shows that [solitary confinement] is often more likely to make inmates more alienated, more
hostile, potentially more violent” and “[t]hat is not going to make us safer” and it is “not going to
make us stronger,” President Obama recently called for a “review of the overuse of solitary
1

See generally Attachments 1 and 2 (categorizing jurisdictions according to their use of punitive solitary
confinement).
2

9 DEL. ADMIN. CODE §105-9.6.1.3.

3

CAL. CODE REGS. tit. 15, § 4634.

2

confinement across American prisons.”4 Data from the Department of Justice indicate that
approximately “70,000 young people are held daily in state, county, private and federal juvenile
residential facilities across the United States and that the use of isolation, including solitary
confinement, in these facilities is widespread.”5 In 2014, the Department of Justice, through
Attorney General Holder, highlighted the dangers of solitary confinement to juveniles and
criticized its overuse in juvenile facilities, in particular:
Across the country, far too many juvenile detention centers see
isolation and solitary confinement as an appropriate way to handle
challenging youth, in particular youth with disabilities. But
solitary confinement can be dangerous, and a serious impediment
to the ability of juveniles to succeed once released.
In a study released last year by the Office of Juvenile Justice and
Delinquency Prevention, 47 percent of juvenile detention centers
reported locking youth in some type of isolation for more than four
hours at a time. We have received reports of young people who
have been held in solitary confinement for up to 23 hours a day,
often with no human interaction at all. In some cases, children
were held in small rooms with windows that were barely the width
of their own hands.
This is, to say the least, excessive. And these episodes are all too
common.6
Bipartisan legislation was introduced in Congress in 2015 that would ban punitive
solitary confinement for juveniles in federal custody.7 And Justice Kennedy in a powerful

4

See Remarks by the President at the NAACP Conference, July 14, 2015, https://www.whitehouse.gov/the-pressoffice/2015/07/14/remarks-president-naacp-conference.
5

Council of Juvenile Correctional Administrators Toolkit: Reducing the Use of Isolation , March 2015,
http://cjca.net/index.php/resources/cjca-publications/107-toolkit/751-cjca-toolkit-for-reducing-the-use-of-isolation at
2.
6

Attorney General Holder Criticizes Excessive Use of Solitary Confinement for Juveniles with Mental Illness,
May 14, 2014, http://www.justice.gov/opa/pr/attorney-general-holder-criticizes-excessive-use-solitary-confinementjuveniles-mental.
7

See Sentencing Reform and Corrections Act, S. 2123, 114th Cong. § 212 (2015), introduced by U.S. Senate
Judiciary Committee Chairman Chuck Grassley (R-IA) and Senators Richard Durbin (D-IL), Mike Lee (R-UT),
John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Lindsey Graham (R-SC), Chuck Schumer (D-NY), Patrick
Leahy (D-VT), and Cory Booker (D-NJ); MERCY Act, S. 1965, 114th Cong. § 5043 (2015), introduced by Senators
Cory Booker (D-NJ), Richard Durbin (D-IL), Rand Paul (R-KY), and Mike Lee (R-UT).

3

concurrence in Davis v. Ayala, 135 S. Ct. 2187, 2208-2210 (2015), criticized the widespread use
of solitary confinement in American prisons, citing to the tragic death of Kalief Browder, a
young New York City man who killed himself after being held at Rikers Island as a teenager and
spending nearly two years in solitary confinement.8 “[R]esearch still confirms what this court
suggested over a century ago: Years on end of near-total isolation exact a terrible price,”
Kennedy wrote, adding that the “common side-effects of solitary confinement include anxiety,
panic, withdrawal, hallucinations, self-mutilation, and suicidal thoughts and behaviors.”9
Experts agree that the harms identified by Justice Kennedy are even more pronounced for
juveniles. Solitary confinement “has a distinct and particularly profound impact on young
people, often doing serious damage to their development and psychological and physical wellbeing. Because of the special vulnerability and needs of adolescents, solitary confinement can be
a particularly cruel and harmful practice when applied to them.”10 While there are no studies
that “look specifically at the effects of prolonged solitary confinement on adolescents . . . many
experts on child and adolescent psychology . . . [contend that solitary confinement] can cause or
exacerbate mental disabilities or other serious mental health problems.”11 As Attorney General
Holder noted during his remarks on May 14, 2014, “one national study found that half of the
victims of suicides in juvenile facilities were in isolation at the time they took their own lives,
and 62 percent of victims had a history of solitary confinement.”12 Such findings have led the
8

Gonnerman, Before the Law, The New Yorker, Oct. 6, 2014, p. 26 (detailing multiyear solitary confinement of
Kalief Browder, who was held—but never tried—for stealing a backpack); Schwirtz & Winerip, Man, Held at
Rikers for 3 Years Without Trial, Kills Himself, N.Y. Times, June 9, 2015, p. A18.
9

Davis, 135 S. Ct. at 2210 (Kennedy, J., concurring) (quoting Grassian, Psychiatric Effects of Solitary
Confinement, 22 Wash. U.J.L. & Pol'y 325 (2006)).
10

Growing Up Locked Down: Youth in Solitary Confinement in Jails and Prisons Across the United States, report
of Human Rights Watch and the American Civil Liberties Union, 22 (2012), available at:
http://www.hrw.org/sites/default/files/reports/us1012ForUpload.pdf.
11

Id. at 24.

12

Attorney General Holder, supra note 6.

4

American Academy of Child and Adolescent Psychiatry to “oppose[] the use of solitary
confinement in correctional facilities for juveniles.”13
The Council for Juvenile Corrections Administrators (“CJCA”), which is comprised of
juvenile justice administrators and directors across the United States, published a report in March
2015 denouncing the use of punitive solitary confinement and issuing a toolkit and
recommendations for reducing the use of solitary confinement.14 The CJCA explained that
“[a]cademic research continues to show that placing incarcerated youths in isolation has negative
public safety consequences, does not reduce violence and likely increases recidivism,” while the
research confirms that this practice “can cause serious psychological, physical, and
developmental harm, resulting in persistent mental health problems, or worse, suicide.”15
In light of this background, it is no surprise that there is a national movement aimed at
reforming the use of solitary confinement in juvenile facilities. As legislators, advocates, and
courts address this issue, the focus has been primarily on the elimination of punitive solitary
confinement. While the elimination of punitive solitary confinement significantly reduces the
risk of serious harm to juveniles in secure facilities, it is only a first step towards eliminating the
practice because solitary confinement continues to be used for non-punitive purposes. The
overwhelming majority of states continue to lock young people up alone, potentially for long
periods, based on a perceived threat to themselves, others, or the security of the facility. Policies
that permit the overbroad and prolonged use of non-punitive solitary may expose juveniles to the

13

Solitary Confinement of Juvenile Offenders, Policy Statement, Academy of Child and Adolescent Psychiatry
(April 2012), available at
http://www.aacap.org/cs/root/policy_statements/solitary_confinement_of_juvenile_offenders
14

Council of Juvenile Correctional Administrators Toolkit: Reducing the Use of Isolation , March 2015,
http://cjca.net/index.php/resources/cjca-publications/107-toolkit/751-cjca-toolkit-for-reducing-the-use-of-isolation.
15

Id. at 2.

5

very same physical and psychological harms that the abolition of punitive isolation is meant to
prevent.

Key Findings on the Use of Non-Punitive Solitary Confinement16
Of the 21 states that ban punitive solitary confinement, at least 19 continue
to use solitary confinement for other purposes, such as safety concerns.
Only 7 of the 19 set limits on the maximum time a juvenile can spend in nonpunitive solitary confinement, and the majority of those limits range from 3
to 5 days, which is a long time for youth to be in isolation.
7 of the 19 provide that the juvenile should be released when he/she regains
self-control, irrespective of the time limit, but those decisions are often left to
the discretion of the corrections officer.

Thus, juveniles can spend prolonged periods in solitary confinement even in those states that
ban this practice as a form of punishment. In reality, the difference between punitive and nonpunitive confinement may be blurred, as juvenile facility staff may loosely interpret the
requirement that confinement be a direct response to threats – especially in an institutional
culture where the default for decades has been to send youth who are acting out to solitary
confinement.
Close monitoring of the amount of time juveniles are spending in solitary confinement,
the events that are leading to such placement, and the decision-makers responsible for placing
youth in or releasing them from isolation is necessary to prevent prolonged solitary confinement
and the harms associated with it. This can only be achieved through laws or policies that

16

See Attachment 3 (bar graph setting forth the time limits on non-punitive solitary confinement that are in
effect in states that prohibit punitive solitary confinement).

6

mandate strict data collection and the regular publication of de-identified, aggregate data, along
with vigilant monitoring of the data to ensure accountability and reform where necessary.
We prepared the updated survey with the goal of distilling best practices from those states
that have not only eliminated punitive isolation, but also closely regulate the non-punitive use of
isolation by imposing safeguards such as meaningful time-limits, supervisory approval, the early
intervention of mental health professionals, and continued access to education and social
services.
For example, litigation in Illinois recently led to reforms in 6 state-run juvenile facilities
and much can be learned from the new policies adopted by the Illinois Department of Juvenile
Justice. The policies abolish punitive isolation and also safeguard against the abuse of nonpunitive confinement by: limiting it to 24 hours in most cases and requiring 8 daily out-of-room
hours for confinements that are 24 hours or longer; requiring early intervention and continued
review by a licensed mental health professional; requiring safety checks every 5-15 minutes;
ensuring the continuation of ordinarily provided mental health and educational services;
permitting access to reading and writing materials, as well as visits from family, attorneys, and
clergy; requiring documentation and cumulative data collection of all confinement decisions; and
requiring supervisory approval for confinement decisions with escalating oversight based upon
the length of the confinement.17 In Colorado, juveniles placed in seclusion are afforded access to
medical services, education, and other basic necessities available to the general population, e.g.,
the use of toilet facilities, mail, and the same meals as the general population.18 In Connecticut,
confinement over 24 hours requires authorization from the head of the institution, and staff
17

New IDJJ Policies that Prohibit Juvenile Solitary Confinement, ACLU of Illinois Summary of April 2015,
available at http://www.aclu-il.org/wp-content/uploads/2015/04/Summary-of-new-IDJJ-confinement-policy-4-2715-2.pdf.
18

COLORADO DEP’T OF HUMAN SERVS. DIV. OF YOUTH CORRS. POLICY 14.3B(III)(D)(1) (Sept. 15,
2014 ), available at http://cdn.colorado.gov/cdhsdyc/SPolicies/S-14-3B.pdf.

7

members must visually check on the juvenile’s well-being at least once every 30 minutes.19 In
Vermont, seclusion lasting over 10 minutes requires approval from the supervisor and
administrative or clinical approval must be obtained if it lasts over 30 minutes; youth in
seclusion must be constantly supervised by staff.20 In New Jersey, room restriction cannot be
imposed until all other less-restrictive options have been exhausted. The New Jersey facilities
must also document and publish, in aggregate: the dates and duration of each occurrence of room
restriction; the reason for the placement; race, age, and gender of the juvenile; and any reliance
on health or mental health clinical evaluations in the placement decision.21 Some states, such as
Florida and Arizona, require a due process hearing for prolonged confinement for safety
concerns.22
These are just a few examples of the approaches that states have taken with respect to
non-punitive solitary confinement. Our hope is that this survey will assist states in passing rules
and policies that have the appropriate protections in place, and we offer the following
recommendations based upon our review of each jurisdiction’s practices and the
recommendations set forth in the CJCA’s toolkit for reducing the use of solitary confinement.

Sample Best Practices
Prohibit punitive solitary confinement.
Non-punitive confinement, if permitted, should be for narrow and clearly
defined circumstances. Broad and vague definitions lend themselves to
abuse and may make non-punitive isolation an inappropriate proxy for
punitive solitary confinement.

19

CONN. AGENCIES REGS. § 17a-16-11 (1994).

20

12-3-508 VT. CODE R. §§ 659-664 (current through May 2015).

21

S2003/A4299, which was signed into law on August 10, 2015, see P.L. 2015, c. 89.

22

FLA. ADMIN. CODE R. 63G-2.012(4)(J)(2006); ARIZONA DEPT. OF CORRS. POLICY 4061 SEPARATION, at
Procedures (2)(b) (effective Mar. 17, 2015).

8

Last Resort: Solitary should not be used until all other less-restrictive
options and de-escalation techniques have been exhausted. All facility staff
should be trained in the use of the solitary confinement policy and in
appropriate de-escalation techniques.
Short Term: Solitary should only be imposed for the minimum time necessary
to address the safety risk and for a period that does not compromise the mental
and physical health of the juvenile. Set time limits should apply and isolation
should not exceed a few hours unless absolutely necessary for the safety of the
juvenile. If a juvenile is in solitary confinement for more than 24-hours, he
should receive at least 8 daily out-of-room hours during every subsequent 24hour period, including at least one hour of large muscle exercise.
Seek Permission: Staff should seek supervisory approval as soon as
possible. The amount of time in which it is feasible to seek approval will
depend on the facility and the nature of the risk to be addressed. Oversight
should escalate with the increased length of confinement. No juvenile
should be in solitary confinement longer than eight hours without approval
from a licensed mental health professional and the head of the institution, or
his/her deputy. A due process hearing should be required to keep a juvenile
in confinement for more than 24 hours.
Early Intervention: Licensed mental health professionals should be
consulted and involved in the initial placement decision, if possible; involved
in the immediate and continued monitoring of the juvenile while in isolation;
and consulted as to the appropriate time to release the juvenile.
Constant Monitoring: Safety Checks should occur frequently, at least every
30 minutes, and should involve interacting with the juvenile.
Maintain services: A juvenile’s access to regular educational services,
programming, and mental health and medical services should not be
disrupted.
Avoid complete isolation: A juvenile should have access to reading and
writing material, be able to communicate with staff on a frequent basis, and
be permitted visits from family, attorneys, and clergy.
Data collection and publication: Every facility should, at minimum,
document and publish, in aggregate, information on: the dates and duration
of each occurrence of solitary confinement; the reason for the placement; the
decision makers and approvals obtained; and the race, age, and gender of the
juvenile.

9

METHODOLOGICAL CONSIDERATIONS
When reviewing the survey and the charts, readers should consider the following:
•

The phrase “solitary confinement” has no universal definition, but is commonly used to mean
“the physical isolation of individuals who are confined in their cells/rooms for twenty-two to
twenty-four hours a day.”23 States use several different names for solitary confinement, such
as room restriction, segregation, isolation, room lock, lockdown, seclusion, behavior
modification unit, and others. This survey does not seek to adopt a universal definition or
term to refer to the practice of solitary confinement; rather, we set forth the nomenclature
used by each jurisdiction and include a definition and/or description (where available) of the
conditions of confinement to allow the reader to make appropriate comparisons.

•

The survey focuses only on confinement in juvenile facilities. Many states permit juveniles
to be incarcerated in adult facilities, which are often governed by different regulations and
employ harsher solitary confinement practices. More research is required to further
categorize states based on their treatment of juveniles in adult facilities.

•

Juvenile detention facilities can vary greatly within a state: some are run by the state, while
others can be run by counties, cities, or private operators; some facilities are for pre-trial
detention, while others serve as post-disposition secure facilities for youth. Thus, individual
facilities within the same state may be governed by different laws and policies relating to the
use of solitary confinement. Although the survey attempts to capture statewide practices,
there are a number of juvenile facilities that are not operated by the state and whose policies
on solitary confinement are not publicly available through online resources; this lack of
information on the practices of all juvenile detention facilities may diminish the accuracy of
the survey.

•

States’ confinement polices vary in their level of restrictiveness. When examining
confinement practices, it is important to consider the amount of time during waking hours
that a juvenile is permitted to leave his or her cell, as well as the juvenile’s ability to access
educational services, treatment, and programming that is comparable to what the juvenile
would receive when in the general population.

•

When the survey refers to “punitive” solitary confinement, it is referring to the practice of
placing juveniles in solitary confinement as a form of punishment – usually in response to a
behavioral infraction. Solitary confinement can also be imposed for non-punitive purposes,
such as to protect against a perceived threat to the juvenile, others, or the security of the

23

Interim rep. of the Special Rapporteur of the Human Rights Council on Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 18, 23 U.N. Doc. A/63/175 (July 28, 2008).

10

facility, or for administrative reasons such as a staff shortage. The purpose for placing the
juvenile in solitary confinement will govern which rules and policies apply.
•

A number of states had conflicting policies on their use of punitive solitary confinement. We
note the conflicts in the survey and did our best to reconcile the conflicts (where possible)
through conversations with practitioners and/or administrators in the state.

11

51-Jurisdiction Survey of Juvenile Solitary Confinement Rules
The “long summary” column contains notes on the jurisdiction’s rules; the “short summary”
column provides the highlights and the source of the law (i.e. regulation, statute, policy). Due to
space constraints, the “short summary” focuses on type of confinement allowed, length of time,
and due process protections in place. For a complete understanding of the conditions of
confinement, such as the services juveniles can access and the frequency of safety checks,
readers should review the “long summary.”
State
Alabama

Long summary
A juvenile may be confined for punitive reasons.
Room restriction may be imposed as a
consequence for major rule violations:
• Administrative authorization required for
room restriction to exceed eight hours.
• Staff must check on youth in isolation every
15 minutes unless the youth is suicidal, in
which case the youth is observed
continuously.
• Before room restriction is imposed, the
juvenile must have an opportunity to explain
his/her behavior.
• The juvenile has the opportunity to have the
alleged violation reviewed by an uninvolved
supervisor within 24 hours.
ALA. ADMIN. CODE r. 950-1-6-.05(3)(d)-(h)(2005).

Alaska

Short summary
Punitive confinement
allowed.
Administrative
authorization required
for confinement over 8
hours.
By regulation

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

It is the responsibility of the court to ensure proper
confinement conditions.
AK Delinquency Rules, Rule 13 (Supreme Court
Order 845 effective August 15, 1987).

Non-punitive
confinement for up to
five 24-hour periods
allowed to ensure safety
of juvenile, others, or
security of facility.

Confinement for non-punitive reasons:
• Juvenile may be confined to ensure the safety
of the juvenile or others, or to ensure the
security of the facility, up to 24 hours.
• Confinement for over 24 hours must be
reviewed every 24 hours by the
superintendent or designee.
• Juvenile may not be confined for more than
five 24-hour periods.
ALASKA ADMIN CODE tit. 7, §52.310(b) (1980).

12

By court rule &
regulation

Arizona

The Arizona Department of Juvenile Corrections
(ADJC) policy manual disallows punitive
confinement.
ARIZONA DEP’T OF JUVENILE CORRS. POLICY 4061
SEPARATION (effective Mar. 17, 2015).
However, a juvenile may be referred to separation
for the following reasons:
• Danger to self;
• Danger to others; or
• Self-referral.
Id. at Procedures (2)(b); (5)(a)(ii).
Due Process Protections
• Referring employee must complete incident
report as soon as possible following juvenile’s
referral to separation. Id. at (2)(C).
• Confinement beyond 24 hours requires due
process hearing. Id. at (12)(a)(i).
• An advocate (any employee the juvenile
selects) may serve as the juvenile’s advocate
if the employee has received annual hearing
training. Id. at (12)(b)(iv.)-(v.).
• Confinement beyond 48 hours and up to 72
hours requires approval of Secure Care
Programs Chief Administrator. Id. at (13).
• Confinement beyond 72 hours and up to 120
hours requires approval of Secure Care
Bureau Administrator. Id.
• Confinement beyond 120 hours requires
approval of the ADJC Director or designee.
Id.
• Juveniles in separation continue to receive
visitation and phone privileges. Id. at 22-23.
• Large muscle group exercise must be
provided for 1 hour daily for those juveniles
in separation for longer than 24 hours. Id. at
25.

Arkansas

No punitive
confinement allowed.
Non-punitive
segregation (imposed
when juvenile poses
danger to self or others)
permitted up to 24 hours
without a hearing;
hearing required for
confinement beyond 24
hours; tiered level of
approval required for
confinement beyond 48
hours.
By policy and consent
decree

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

However, a juvenile may be confined for nonpunitive reasons when the juveniles present a
danger to himself or others.

Room restriction is
permitted when juvenile
poses danger to himself
or others.

13

California

Conditions for non-punitive room restriction:
• Requires administrative authorization for
room restriction to exceed eight hours.
• Must explain reasons for restriction to
juvenile and give juvenile an opportunity to
explain his or her behavior.
• Must check on juvenile in isolation every 30
minutes.
• Must keep records of room restriction.
ARK. ADMIN. CODE 016.01.9-3-C (current through
May 2015).

Administrative
authorization required
for room restriction over
8 hours.

A juvenile may be confined for punitive reasons.

Punitive confinement
allowed.

California’s Disciplinary Decision-Making System
(“DDMS”) allows for two types of confinement:
room restriction and ward lock-up.
CAL. CODE REGS. tit. 15, § 4634 (current through
May 8, 2015). The differences in conditions
between “room restriction” and “ward lock-up”
are not described in the California Code of
Regulations.

By regulation

Punitive room
restriction allowed up to
90 days, with a hearing
required for
confinement over 24
hours.
By regulation

Room Restriction: A juvenile may be placed in
room restriction for up to 90 days for a “Level A”
rule violation. Id.
Ward lock-up: A juvenile may be placed in ward
lock-up for up to 24 hours for a “Level A”
violation, and up to 10 days for a “Level B”
violation. Id.
•

•

Level A violations are violations that do not
require an extension of the youth’s parole
consideration date. Id.
Level B violations are violations that delay
the youth’s parole consideration date and
include:
− Physical attack
− Nonconsensual sexual act
− Possession/manufacturing of weapons
− Possession/manufacturing of drugs
− Escape from facility by force
− Holding a person against his/her will to
compel the person to take certain
actions

14

Id. at § 4961.
Confinement may not exceed 24 hours
without a hearing at which the youth may
present evidence and testimony. Id. at § 1391.
A juvenile may not be confined for punitive
No punitive
reasons.
confinement allowed.
•

Colorado

Types of seclusion used in Colorado juvenile
detention facilities include:
• Administrative seclusion;
• Self-initiated timeout; and
• Staff-directed timeout, not exceeding 30
minutes.
COLORADO DEP’T OF HUMAN SERVS. DIV. OF
YOUTH CORRS. POLICY 14.8 (Sept. 15, 2014),
available at
http://www.colorado.gov/cdhsdyc/SPolicies/S-148.pdf (hereinafter “Policy 14.8”);
COLORADO DEP’T OF HUMAN SERVS. DIV. OF
YOUTH CORRS. POLICY 14.3B
(Sept. 15, 2014 ), available at
http://cdn.colorado.gov/cdhsdyc/SPolicies/S-143B.pdf (hereinafter “Policy 14.3B”).
Seclusion
• Seclusion cannot be used as a form of
punishment. Id. at 14.3B(III)(A)(2).
• Seclusion may be used:
− During an emergency, which occurs
when a juvenile is determined to be a
serious, probable, and imminent danger
of bodily harm to himself or others and
where there is the present ability to
effect such bodily harm, and less
restrictive alternatives have failed, or;
− There is a court order mandating that a
juvenile be kept separate from the
general population. Id. at 14.3B
(III)(A)(1).
• Only an administrator, shift supervisor, or
lead worker may authorize the use of
seclusion. Id. at 14.3A(4).
• As soon as the emergency ceases or the court
order is abandoned or vacated, the juvenile
shall be removed from seclusion. Id. at

15

Seclusion is allowed
when juvenile poses a
danger to himself or
others, but he must be
removed as soon as
emergency ceases.
Time outs cannot exceed
60 minutes if selfinitiated or 30 minutes if
directed by staff.
By policy and
regulation

•

•

•

14.3A(5).
Rules governing documentation of seclusion
and conditions for seclusion can be found in
Policy 14.3B (III)(C)(3)-(4).
Any juvenile placed on seclusion shall be
afforded access to medical services,
education, living conditions and other basic
rights available to the general population, e.g.,
the use of toilet facilities, mail and the same
meals as the general population. Id. at
14.3B(III)(D)(1).
Any exceptions to or denial of these rights
shall be justified by clear evidence of risk and
shall be appropriately documented. Id. at
14.3B(III)(D)(2).

Self-Initiated Time-Out
• Juveniles may be placed in a room during a
self-initiated time-out for purposes of safety
and security upon the juvenile’s request. As
soon as the juvenile requests egress the door
shall be unlocked. A self-initiated time-out
shall not exceed 60 minutes. Policy
14.8(III)(4)(a); (III)(6).
Staff-Directed Time-Out
• Juveniles may be placed in a room during a
staff-directed time-out for purposes of safety
and security only. As soon as the juvenile
requests egress the door shall be unlocked.
Staff-directed time-outs shall not exceed 30
minutes. Policy 14.8(III)(C)(3), (5).
Rules governing documentation of time-outs can
be found in Policy 14.8(III)(E).
A juvenile who poses a danger to himself or others
may be transferred to another facility for up to 60
days. A juvenile may not be held in isolation or
segregation in an adult facility for longer than 60
consecutive days without action by the sentencing
court.
COLO. REV. STAT. ANN. § 18-1.3-407(5) (West
amended 2015).

16

Connecticut

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

Punitive solitary confinement is banned in juvenile Seclusion is permitted to
detention facilities.
address threats to safety,
CONN. AGENCIES REGS. § 17a-16-11 (1994).
property, or order; head
of institution must
Non-punitive seclusion is permitted if:
authorize if exceeds 24
hours.
• there is reasonable cause to believe that the
juvenile may injure another person;
By statute and
• to prevent the juvenile from inflicting
regulation
property damage; or
• the juvenile is engaging in uncontrollable
disruptive behavior.
Id. at § 17a-16-11(a).
• Authorization of head of institution required
before seclusion exceeds 24 hours. Id. at §
17a-16-11(c).
• Staff members must visually check on youth’s
well-being at least once every 30 minutes. Id.
at § 17a-16-11(d).
• Room conditions are specified at § 17a-1611(e).
Pre-adjudication, “[a]ny child confined in a
community correctional center or lockup shall be
held in an area separate and apart from any adult
detainee, except in the case of a nursing infant, and
no child shall at any time be held in solitary
confinement.”
CONN. GEN. STAT. ANN. § 46b-133(e)(6) (2011).
Delaware

A juvenile may be confined for punitive reasons.
“Locked isolation” is defined as “the involuntary
and time-limited confinement of a child in a
locked room for the purpose of behavior
management.”
9 DEL. ADMIN. CODE § 105-1.4 (current with
2015).

Punitive confinement
allowed.
Confinement not to
exceed 2 consecutive
hours with max of 6
hours a day.
By regulation

A licensee shall utilize locked isolation only:
• When a child’s behavior is so violent or
disruptive as to present a high risk of physical
or emotional harm to the child or others;
• When other less restrictive and less punitive
physical interventions have been applied
17

without success; and
For a duration of time that does not exceed
two consecutive hours or a total of 6 nonconsecutive hours within any 24-hour period.
Id. at § 9.6.1.1-9.6.1.3.
•

“Exclusion” is defined as involuntary confinement
in an unlocked room under continuous monitoring.
Id. at § 105-1.4.
• Exclusion can only last for 1 hour at a time
with administrative review if the child is
excluded more than 10 times or for more than
6 hours in a day. Id. at § 105-9.5.1.1-2.
Other safeguards:
• 10 minutes of release for each 2 consecutive
hours of restriction. Id. at § 105-9.4.1.
• Standards for the quality of the isolation room
can be found in section 105-9.6.7
• Restrictive procedures may not be used in a
“punitive, retributive, harsh or abusive
manner.” Id. at § 105-9.4.2.
A bill was introduced on January 29, 2015, that
would ban the use of solitary confinement “on a
juvenile for management or discipline.”
H.B. 36, 2015 Gen. Assemb., Reg. Sess. (Del.
2015).
Florida

A juvenile may be confined for punitive reasons.
Confinement may be used to punish youth for
violation of facility rules and as a non-punitive
method of behavior management. Use of
confinement must be monitored closely by
superintendent or designee.
FLA. ADMIN. CODE r. 63G-2.012(4)(a)(2006).
Confinement up to 24 hours may be implemented
by on-duty supervisor who must document the
continued need for confinement every 3 hours.
Confinement beyond 24 hours (and every 24
period thereafter) must be approved by
superintendent or designee. Id. at § (4)(e).
Confinement may not exceed 5 days unless the
release of the youth into the general population

18

Punitive confinement
allowed.
Punitive confinement
allowed up to 5 days;
need approval from
superintendent or
designee if beyond 24
hours and every 24
hours thereafter.
After a hearing,
confinement can exceed
5 days if juvenile’s
release would harm
safety and security of
facility.

would jeopardize the safety and security of the
facility as documented by the superintendent. No
youth shall be held in confinement beyond 5 days
without a confinement hearing. Id. at § (4)(j).

By regulation

Mandatory confinement for certain rule violations:
• Physical attack;
• Possession of weapon;
• Attempted escape;
• Gang-related activities;
• Property damage; and
• Attempt to resist staff.
Id. at § (4)(g).
The length of time of confinement shall be 3 days
for first occurrence and up to 5 days for third
occurrence. Id. at § (4)(h).
Standards for confinement rooms, observation, and
reporting requirements are found in id. at (4)(b)(c).
Georgia

A juvenile may be confined for punitive reasons.
Punitive room confinement is ordinarily allowed
for up to 72 hours.
• Requires a hearing
• Confinement can be up to 120 hours (with
written approval) for the following rule
violations: youth on youth sexual contact,
youth on staff sexual assault, any physical
assault, riot, attempted escape, and possession
of dangerous contraband.
• Extending room confinement over 120 hours
requires authorization by 6 administrators,
including the Deputy Commissioner of Youth
Services.
GEORGIA DEP’T OF JUVENILE JUSTICE POLICY at
16.5(III)(I)(3)-(4) and (L), available at
http://www.djj.state.ga.us/Policies/BrowseSearch.a
sp.
“Cooling-off” is a non-punitive measure that
requires separation of youth for 60 minutes. Id. at
16.3.
Pre-hearing confinement allowed for up to 72

19

Punitive confinement
allowed.
Punitive confinement
requires a hearing and
allowed up to 120 hours
for certain rule
violations; can be
extended with
appropriate
authorization.
Pre-hearing confinement
allowed up to 72 hours
if youth poses imminent
threat.
By policy

hours if the youth poses imminent threat to others
or the safety/security of the facility. Id. at 16.4.
Standards for room confinement are specified in
Policy 16.6.
Hawaii

A juvenile may be confined for punitive reasons in
Hawaii’s detention facilities, according to a selfassessment by Hawaii’s juvenile detention facility.
However, Hawaii’s juvenile correctional facility
uses non-punitive confinement under certain
criteria (see below).
Neither Hawaii’s statutes nor regulations discuss
solitary confinement.
However, Hawaii’s Hale Ho`omalu Juvenile
Detention Facility has “committed to
operationalize” the “core strategies” of the
Juvenile Detention Alternatives Initiative
(“JDAI”), which publishes standards on juvenile
confinement. A Self-Assessment of the Conditions
of Confinement, HALE HO’OMALU JUVENILE
DETENTION FACILITY 3-4 (Jan. 2012),
http://www.courts.state.hi.us/docs/news_and_repo
rts_docs/2012_Self_Assessment_Report.pdf.
Among other things, the JDAI standards allow for
punitive room confinement up to 72 hours. Id. at
94. Although Hawaii does not treat the standards
as definitive, a 2012 Self-Assessment Report
found that Hawaii conforms to 88% of the
standards. Id. at 6.
The report further concluded that:
• There has been improvement in minimizing
use of isolation to only the amount of time
necessary for the youth to regain control. Id.
at 16.
• Youth are given notice of their misbehavior, a
hearing, and an opportunity to appeal – all of
which appear to be clearly explained and
understood by youth and staff. Id.
• Due process hearings are provided if staff is
available and not necessarily before the youth
serves the room confinement. The youth
handbook does not inform youth that have a

20

Punitive confinement
allowed in detention
facility only.
In Hawaii’s Youth
Correctional Facility,
segregation may only be
used for safety,
destruction of property,
or to prevent escape, and
only up to 4 hours.
According to selfassessment report
compiled by the Hale
Ho`omalu Juvenile
Detention Facility and
policy.

right to a due process hearing prior to serving
the room confinement. Id. at 17.
Hawaii’s Youth Correctional Facility is governed
by a “security and control” policy that uses a
“Security Program” (segregation from the general
population and placement in a cell or holding unit)
that cannot be used for “retribution” and only in
the following instances:
• Youth is a serious and immediate physical
danger to others
• Youth is a serious and immediate danger to
himself or herself
• Youth is a serious threat to the safety and
orderly running of the facility
• Youth is committing a substantial destruction
of property (defined as damage over $150.00)
• Youth is an imminent escape risk
HAWAII YOUTH CORR. FACILITY POLICY NO. 17.19
SECURITY PROGRAM (Feb. 11, 2009).
The Security Program is considered a last resort to
control behavior and the length of time in Security
Program placement is determined by the length of
time required to help the youth gain control, but
never beyond 4 hours. Id.
• If the youth is “highly agitated,” a Qualified
Mental Health Professional or the Youth
Facility Administrator or designee must be
contacted immediately.
• Once a youth is placed in a cell or holding
unit, the Deputy Youth Facility Administrator
(Deputy YFA) or the Youth Facility
Administrator (YFA) must be notified
immediately and the Deputy YFA or the YFA
must determine whether the request meets the
criteria for continued segregation.
• All Security Program admissions require
ongoing de-escalation and counseling of
youth to help him or her gain self-control.
• Staff must visually monitor and document the
monitoring.
• As soon as clinically appropriate, medical
staff must assess the youth to check for mental
or medical illness that could be exacerbated
by the use of segregation.

21

Idaho

A juvenile may be confined for punitive reasons.
The administrative code defines two types of
confinement:
• Room confinement – Juvenile confined to
room in which he normally sleeps.
• Separation or isolation – Juvenile is confined
alone for over 15 minutes in a room other than
the room in which he or she usually sleeps.
IDAHO ADMIN. CODE r. 05.02.01.010 (current
through September 2, 2015).

Punitive confinement
allowed.
Room confinement may
be used punitively, but
may only be used in an
unlocked area and may
not exceed 8 hours in a
24-hour period.
By regulation

The rules for contractor providers state:
• Youth assigned to room confinement must be
kept in an unlocked area. Id. at §
05.02.02.222.
• Room restriction may not exceed 8 hours in a
24 hour period. Id.
• Staff must check on juvenile once every 15
minutes. Id.
• Contract providers must ensure that a juvenile
offender with a history of depression or
suicidal ideation and those who have exhibited
these behaviors while in care, are checked at
least every five (5) minutes in order to ensure
safety.
• Separation or isolation under 2 hours is not
required to be reported to department;
separation over 2 hours must be reported. Id. at
§ 05.02.01.241.
• Separation or isolation must be noted in an
incident report. Id.
Illinois

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

In April 2015, the ACLU of Illinois and the
Illinois Department of Juvenile Justice (IDJJ)
entered into a court settlement whereby the IDJJ
agreed to new policies which prohibit punitive
confinement and closely regulate six forms of
authorized confinement:

Confinement for safety
concerns: limited to 24
hours or when youth
regains self-control,
whichever is sooner;
early mental health
professional
intervention.

•

“Confinement” – may be used when a youth
exhibits violent, aggressive or uncontrolled
behavior and poses threat to self/others, or
security of facility. Limited to 24 hours or
22

For all non-punitive
confinement: safety

when youth regains self-control, whichever is
sooner. At the 4th hour and every 2 hours after
that, a mental health professional (or staff trained
in crisis response) must meet with youth to assist
them in regaining self-control.
•

“Crisis confinement” – may be used when a
youth exhibits behavior indicating mental or
emotional disorder to suicidal ideation.

•

“Behavioral hold” – may be used as a
consequence for a rule violation, disobedience
of staff, or other disruptive behavior. Limited
to 4 hours or when supervisor deems youth
ready to return, whichever is sooner. May
take place in youth’s own room or other area,
but not confinement unit.

•

“Medical hold” – may be used for “medical
quarantine, recovery, or observation.”

•

“Administrative hold” – may be initiated by
facility’s Chief Administrative Officer only.
May be used for administrative or security
purposes to separate youth from other youths.
May be used for a total of 3 business days if
youth is awaiting transfer to IDOC or other
safety or security reasons warrant continued
confinement.

•

“Investigative status” – may be initiated by
IDJJ’s Deputy Director of Operations only.
May be used when youth is alleged to have
committed a major offense. May be used up
to 4 days.

Rules Applicable to all Forms of Confinement
• All confinement decisions shall be
documented in writing.
• Chief Administrator Officer must review
documentation justifying confinement as soon
as possible
• Safety checks every 5-15 minutes (depending
on level of risk).
• Family and clergy visits allowed.
• Reading materials shall be provided.

23

checks at least every 15
minutes; regular
education and mental
health services
provided; reading
material, family, and
clergy visits allowed; if
confined for more than
24 hours, provided with
a minimum of 8 hours
out-of-room time for
every 24-hour period;
strict reporting and data
collection requirements
By consent decree

•
•
•

•

•

•

•

Youth shall continue to receive ordinary
mental health services.
Youth shall continue to receive ordinary
educational services.
Youth confined for 24 hours or more shall be
provided a minimum of 8 hours of out-ofroom time for every 24 hour period, including
at least one hour of large-muscle exercise.
Youth confined for more than 24 hours shall
be interviewed daily by a mental health
professional.
Parents or guardian must be notified if youth
under 18 years of age is confined for 24 hours
or more.
Anytime youth is confined for 18 consecutive
hours or on more than 10 occasions in any 30
day period, Deputy Director of Operations
shall be notified immediately and
documentation provided.
Department shall maintain cumulative data on
all confinement decisions.

ACLU, New IDJJ policies that prohibit juvenile
solitary confinement (April 2015), available at
http://www.aclu-il.org/wpcontent/uploads/2015/04/Summary-of-new-IDJJconfinement-policy-4-27-15-2.pdf; R.J. v. Jones,
No. 12-cv-07289 (N.D. Ill. April 24, 2014) (Order
Approving Certain Policies) (Dkt. No. 135).
Indiana

A juvenile may be confined for punitive reasons.
Indiana permits the following types of
confinement:
• Isolation: when youth is confined alone for
cause or punishment for 15 minutes or more in
a room other than a sleeping room.
• Room confinement: when youth is confined
for cause or punishment for 15 minutes or
more in sleeping room.
• Segregation: separation from general
population. Includes placement in an isolation
dorm but can include placement with other
juveniles.
INDIANA DEP’T OF CORR. CODE OF CONDUCT FOR
STUDENTS NO. 03-02-101 at III(D), (F), and (H).

24

Punitive confinement
allowed.
Segregation (imposed
for major rule
violations) allowed 3
days per offense and
extended to 5 days if
additional violation
committed while in
segregation.
Hearing required if over
24 hours; may be placed
in pre-hearing
segregation for major
violations with time

Minor Violations
• Isolation and room confinement are used for
minor violations. Id. at VI(B)(1).
• Room confinement or isolation shall not
exceed 60 minutes. Id. at VI(B)(1).
• During confinement staff must make visual
contact with juvenile once every 15 minutes.
Id. at VI(B)(3).

credited.
By policy

Major Violations
• A juvenile may be punished with segregation
for a major conduct violation.
• 3 days segregation per offense but may be
extended up to 5 days if student is charged
with a rule violation while in segregation.
• Student must have 2 hours of recreation per
day, with at least 1 hour of exercise. Id. at
V(C)(2).
• Must be allowed clothing, bedding, mail,
visitation, reading/writing materials, and use
of hygienic facilities. Id. at V(C)(4).
• Administrative hearing required before
segregation over 24 hours. Id. at IV(B)(7).
• May be placed in pre-hearing segregation for
any major violations where pre-hearing
segregation time is credited toward any
punitive segregation time imposed. Id. at VIII.
• List of violations that count as major
violations are in Appendix 2.
Iowa

A juvenile may be confined for punitive reasons.
Juvenile detention home may have a locked
“control room” used to isolate or seclude juvenile.
IOWA ADMIN. CODE r. 441-105.1 (2011).
The home must specify behaviors resulting in
control room placement. Id. at 441-105.10(1)(a).
Time Limitations:
• Placement in control room longer than 1 hour
requires approval by supervisor.
• Confinement over 12 hours in any 24 hour
period requires consultation with referring
agency or court.
• No confinement over 24 hours.

25

Punitive confinement
allowed.
Isolation allowed up to
24 hours, with check-in
every 15 minutes.
Approval needed from
supervisor if more than
1 hour; 12-24 hours
requires consultation
with referring agency or
court.
By regulation

Id. at 441-105.10(3)(g).
Reporting/notification requirements:
• Document time in control room, reasons for
control and any reasons for time extension.
• Notify juvenile’s parents, referring worker, and
attorney if control room used for more than 30
minutes in a 24-hour period.
Id. at 441-105.10(3)(g)-(h).
Safety requirements:
• Required to check on juvenile every 15
minutes.
Id. at 441-105.10(3)(f).
• For physical requirements of control room, see
id. at 441-105.10(2).
• More safety requirements in id. at 441105.10(3).
Kansas

A juvenile may be confined for punitive reasons.
Disciplinary segregation up to 30 days or
restriction to living quarters for up to 10 days may
be a penalty for a class I offense (worst kind of
offense).
KAN. ADMIN. REGS. § 123-12-1301(b)(1) and (4)
(2005).
Disciplinary segregation up to 15 days or
restriction to living quarters up to 7 days for a
class II offense. Id. at § 123-12-1302(b)(1) and
(4).
Disciplinary restriction to living quarters for up to
3 days for a class III offense. Id. at § 123-121303(b)(1).
Confinement beyond 30 days requires
superintendent’s approval. Id. at § 123-12-1308.
Article 12 (“Defender Conduct and Penalties”)
describes the range of offenses and each offense’s
corresponding “class.” Id. at §123-12-101 to 1308.
The Kansas Juvenile Justice Authority Internal
Management Policy & Procedure 14-101 specifies

26

Punitive confinement
allowed.
Disciplinary segregation
allowed up to 30 days
and room restriction up
to 10 days as a penalty
for a Class I offense;
superintendent’s
approval required for
confinement beyond 30
days.
By regulation and
policy

conditions of disciplinary segregation:
• Requirements for room and food quality are
listed in id. at § III(A)(1)-(6).
• Youth can send and receive mail, read softcover books and primary religious texts, and
participate in educational programs. Id. at §
III(A)(7), (9), (13).
• Visits up to an hour may be allowed,
depending on youth’s behavior. Similarly,
telephone privileges may be granted if doing
so would not pose a security risk. Id. at §
III(A)(8).
• Juveniles are allowed outside room for 1 hour
a day, plus 1 hour a day of exercise. Id. at §
III(A)(10)-(11).
Kansas also employs what it terms
“Administrative Segregation” which it defines as
“the non-punitive separation of a youth from the
general population.” Juvenile Justice Authority
Internal Mgmt. Policy & Procedure 14-101,
available at https://www.doc.ks.gov/kdocpolicies/juvenile-impp/segregation/14101.pdf/view.

Kentucky

A juvenile may be confined for punitive reasons.
The Kentucky Department of Juvenile Justice is
responsible for the operation of several juvenile
residential facilities located across the state.
Detention Centers
• At Detention Centers, a “time-out” period not
to exceed 1 hour may be imposed for minor
misbehavior. DEPARTMENT OF JUVENILE
JUSTICE POLICY AND PROCEDURES, NO.
717(IV)(D)(5) (Dec. 5, 2014), available at
http://djj.ky.gov/Pages/Policy-Manual.aspx
(hereinafter “DJJ”); see also 505 KY. ADMIN.
REGS. 2:120(6)(a) (2000).
• “Room restriction,” not to exceed 24 hours, is
used as a disciplinary intervention or as a
consequence for excessive disruption or
physical infractions. DJJ 717(IV)(D)(6); see
also 505 KY. ADMIN. REGS. 2:120(8).

27

Punitive confinement
allowed.
Punitive confinement
for major rule violations
allowed up to 5 days;
can be extended for
highly assaultive youth.
In detention centers,
authorization required to
exceed 24 hours; in
development centers,
disciplinary review
hearing precedes
confinement.
By regulation and
policy

•

“Isolation” may be used for up to 5 days for
major rule violations, but special instances may
occur where highly assaultive youth may be
confined for more than 5 days. Authorization
required for confinement exceeding 24 hours.
Youth must be visited at least once daily, given
comparable living conditions and privileges to
general population. DJJ 717(IV)(D)(9); see
also 505 KY. ADMIN. REGS. 2:120(8).

Youth Development Centers
• Disciplinary confinement may be imposed for
up to 5 days for a major rule violation,
following a disciplinary review hearing. DJJ
318.3(IV)(H).
• Room confinement for up to 4 hours may be
used for “a youth who is showing or
expressing a behavior that is a safety or
security threat.” Id. at 318.3(IV)(F).
Louisiana

A juvenile may be confined for punitive reasons.
Administrative Segregation/Confinement
(formerly referred to as Room Confinement) is
used for both punitive and non-punitive reasons.
LA. ADMIN. CODE tit. 22, pt. 1§§ 785, 787 (1994).
•

•

•
•
•

Punitive confinement
allowed.

Punitive
segregation/confinement limited to 5 days,
but can be extended
beyond 5 days with
Pre-hearing administrative segregation
/confinement normally cannot exceed 24 hours. proper authorization;
youth observed every 15
Id. at § 787(A)(1).
minutes.
Schedule B offenders can be placed in
administrative segregation/confinement for up
Superintendent/
to 5 days. Id. at § 787(A)(3). This can be
designee reviews time
extended beyond 5 days with appropriate
exceeding 24 hours.
authority. Id. at § 787(A)(5); see also id. at §
793(A). Types of Schedule B offenses are
By regulation
listed in section 795.
Time exceeding 24 hours must be reviewed by
superintendent or designee. Id. at § 787(A)(4).
Youth must be observed every 15 minutes and
documented. Id. at § 787(A)(6).
Must be able to receive/send correspondence
and visits, and provided clean clothing,
toothbrush/toothpaste, toilet, sufficient heat,
light, ventilation, and same meals as other
offenders. Id. at § 787(A)(8).

28

Maine

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

Punitive confinement and segregation at juvenile
correctional facilities are disallowed by statute.
ME. REV. STAT. ANN. tit. 34-A,§3032(5) (2006).

Statute disallows
punitive confinement
but administrative code
allows for punitive
“room restriction”
(during which the
juvenile is permitted to
leave his room for
programming, visits,
and meals) up to 30
hours.

However, the administrative code allows for
punitive “room restriction” in juvenile facilities.
“Room restriction” means that the resident is
confined to his/her room, but can leave for
“normal educational and treatment programs”
as well as “regularly scheduled visits and
meals.” Staff must also check on the resident
at least once every 15 minutes. 03-201 ME.
CODE R. Ch. 12 §IV (Procedure B)(1)(i)
(current through 2015).
• Room restriction up to 30 hours may be
imposed for “major misconduct” or 2 hours for
“minor misconduct.” Id. at § VI (Procedure C)(Procedure D).
• Major and minor misconduct are defined in §
VI (Procedure A)(4).
• The formal disciplinary process by which a
juvenile might receive a punishment of room
restriction is defined in § VI (Procedure F).
A juvenile may not be confined for punitive
reasons.

•

Maryland

Using “locked door seclusion” as punishment is
prohibited.
MD. CODE ANN., § 9-227(b)(2)(i) (2014); MD.
CODE REGS. 16.18.02.03 (current through 2015).
However, locked door seclusion may be used (1)
“when it is clearly necessary to protect the youth
or other individuals or to prevent escape,” or (2)
“after less restrictive methods have been tried or
cannot reasonably be tried.”
• Locked door seclusion is defined as “the
placement of a youth in a locked individual
room, separate from the youth’s room, where
the youth is kept for a period of time.” MD.
CODE REGS. 16.18.02.01(B)(6).
• Locked door seclusion over 24 hours must be

29

By statute and
regulation

No punitive
confinement allowed.
Locked door seclusion
allowed when necessary
to protect youth or
others, or to prevent
escape.
Limited to 72 hours
except in an emergency;
if over 24 hours, must
be approved by
superintendent or duty
officer; youth seen at
least once every 12
hours.

reviewed and approved by the superintendent
or duty officer. Youth must be seen at least
once every 12 hours if the decision is to keep
the youth in seclusion for more than 24 hours.
Locked door seclusion should not exceed 72
hours except in an emergency. Id. at
16.18.02.03(C).
• Each facility’s policy must address a youth’s
right to a hearing. Id. at 16.18.02.05.
Massachusetts A juvenile may not be confined for punitive
reasons.
By statute, the Department of Youth Services may
order a youth’s “confinement under such
conditions as it believes best designed for the
protection of the public.”
Mass. Gen. Laws ch. 120, § 6(b) (current through
2015).
Title 109, Chapter 5 of the Code of Massachusetts
Regulations (“Room Confinement of Juveniles
Detained by or Committed to the Department of
Youth Services”) establishes rules and procedures
for room confinement of juveniles and is
applicable to all facilities housing juveniles.
109 MASS. CODE REGS. 5.00 (current through May
8, 2015).
•

•

•

•

Room confinement is defined as “the placing
of a juvenile in a room from which he or she
cannot leave.” Id. at 5.03.
Each facility must develop guidelines for
behavior that results in room confinement. Id.
at 5.01.
Room confinement is allowed “as a means for
controlling seriously disruptive or dangerous
behavior in a facility.” Id.
The regulation does not specify that
confinement must be non-punitive, but policy
(see below) provides that it cannot be punitive.

Limitations on room confinement:
• The regulation contains a tiered approval
schedule for room confinement, with
confinement over 24 hours requiring the verbal
approval of the Assistant Commissioner for

30

By statute and
regulation

No punitive
confinement allowed.
Room confinement
permitted “as a means
for controlling seriously
disruptive or dangerous
behavior in a facility;”
youth has opportunity
to challenge through a
mediator; youth
observed at least every
15 minutes and visited
every 3 hours after the
12th hour.
Tiered approval
schedule; confinement
over 24 hours requires
approval of the Assistant
Commissioner for
Facility Operations/
designee.

By regulation and
policy

•

•

•

Facility Operations or a designee. Id. at
5.06(4).
Juveniles confined to a room shall be given
notice of the alleged infraction, access to the
room confinement mediator and the
opportunity to respond to the allegations before
the confinement exceeds 2 hours. Id. at
5.06(6).
The youth must be observed every 15 minutes,
and a juvenile confined for more than 12 hours
must be visited once every 3 hours. Id. at 5.07.08.
The regulation also contains reporting
requirements. Id. at 5.09.

Department of Youth Services Policy 03.03.01(a)
similarly provides that youth may be kept
involuntarily in a room for the following reasons:
to calm a youth who is exhibiting seriously
disruptive or dangerous behavior; for population
management; for the safety and security of a
youth; and for investigation of an incident.
DEP’T OF YOUTH SERVICES POLICY 03.03.01(a)
(Mar. 15, 2013), available at
http://www.mass.gov/eohhs/docs/dys/policies/030
301-involuntary-room-confine.doc.
If a youth is confined for exhibiting seriously
disruptive or dangerous behavior, the facility must
also show that:
a. less restrictive crisis intervention
techniques have failed; and
b. staff obtains proper authorization, as
described in Section F of this policy. Id.
However, a youth may not be confined in a room
for the following reasons: as a consequence for
non-compliance; punishment; harassment; or in
retaliation for any youth conduct. Id.
Conditions of Confinement
• Authorization required before placing youth
in individual room confinement. Tiered
approval is required for varying periods of
confinement. Id.
• Staff must conduct 4 minute room checks
during the first hour of room confinement. Id.
31

•
•

Michigan

After the first hour of room confinement, staff
shall monitor youths every 10-15 minutes. Id.
For individual room confinement, staff must
attempt to engage the youth in a release
strategy at least once every 30 minutes. Id.

A juvenile may be confined for punitive reasons.
Under the administrative code, confinement is
allowed for both punitive and non-punitive
reasons. MICH. ADMIN. CODE r. 400.10171
(current through May 1, 2015).

Punitive confinement
allowed.

Confinement over 72
hours requires written
approval of chief
administrator; youth has
Each facility must have a written discipline policy an opportunity to
and procedure specifying acts which are prohibited challenge.
and the penalties that may be imposed for minor
and major misconduct. Id. at 400.10169(2).
By regulation
• Confinement over 72 hours may be used when
a resident has been charged with a major rule
violation. Requires the written approval of the
chief administrator. Id. at 400.10176(3)-(4).
• The resident must have the restriction
explained to him and an opportunity to explain
either before his confinement or as soon as
possible thereafter. Id. at 400.10176(2).
• Staff must maintain a record of the
confinement and for any instances where
confinement exceeds 2 hours, it must be
approved and record taken of the reason for its
continued use. Id. at 400.10175(4)-(5).
• Staff must visually observe the resident at least
once every 15 minutes. Id. at 400.10175(6).
• When confinement exceeds 12 hours, the chief
administrator or a designee must review the
appropriateness and necessity for the
confinement every 12 hours. Id. at
400.10175(7).
Confinement must not result in the resident being
subjected to:
• Corporal or cruel punishment;
• Humiliation;
• Mental abuse; or
• Punitive interference with daily physiological
functions.
Id. at 400.10169.

32

Minnesota

A juvenile may be confined for punitive reasons.
Detention facilities may seek certification to use
seclusion or “disciplinary room time” (“DRT”).
MINN. R. 2960.0410 (current through May 13,
2015); MINN. R. 2960.0710, subp. 4; MINN. R.
2960.0050, subp. 1(R) (disciplinary room time
permitted in accordance with facility’s discipline
plan).

Punitive confinement
allowed.

Disciplinary segregation
allowed up to 5 days for
major infractions; due
process hearing within
24 hours of placement in
DRT; status reviewed by
administrator at least
every 8 hours after
Disciplinary Room Time (“DRT”)
Disciplinary room time (“DRT”) is defined in Rule hearing.
2960.0020 subp. 30 as when the resident is
“placed in a room from which the resident is not
permitted to exit, and which must be issued
By regulation and
according to the facility’s due process system[.]”
policy
The status of a resident placed in DRT after a dueprocess hearing must be reviewed by an
administrator at least once every 8 hours. A
resident placed in DRT prior to a due process
hearing must have a hearing within 24 hours. Id.
at 2960.0270 subp. 6(D).
Seclusion
MINN. R. 2960.0710, subp.6 provides that facilities
may use seclusion to address imminent threats.
The use of seclusion must end when the threat of
harm ends.
Red Wing Policy
Minnesota Department of Corrections Policy
303.010RW (“Discipline Plan and Rules of
Conduct”) provides rules and procedures for the
Red Wing Facility, Minnesota’s only long-term
juvenile correctional facility. (The other youth
correctional facility is a wilderness camp that hosts
youth for up to three months, and does not have
policies on segregation.)
MINNESOTA DEP’T OF CORRS. POLICY 303.010RW
(Mar. 4, 2014), available at
http://www.doc.state.mn.us/DocPolicy2/html/DP
W_DisplayINS.asp?Opt=303.010RW.htm
(hereinafter “Red Wing Policy”).
The Red Wing Policy provides:
• A “major rule violation” carries a penalty of up

33

to 5 days of DRT. Id. at Definitions.
Examples of major rule violations include
abuse/harassment, assault, threatening others,
and tampering with security/safety devices. Id.
• A hearing must be held within 24 hours of
placement in DRT. Id. at Procedures (F).
• Consecutive penalties may be imposed for
more than one major rule violation. Id. at
Procedures (I).
• Resident must continue to receive services
including recreation and leisure activities,
visiting, telephone, and mail communication.
Id. at Procedures (F).
A juvenile may be confined for punitive reasons.

•

Mississippi

A 2012 consent decree governs the placement of
male youth in punitive solitary confinement.
C.B. v. Walnut Grove Corr. Auth., No. 3:10cv663
(S.D. Miss. 2012) (ECF No. 75-1) (hereinafter
Consent Decree).
Solitary confinement, defined as confining youth
in a cell for more than 20 hours a day, is
forbidden. Consent Decree at 9.
“Disciplinary Cell Confinement” is permitted for
violation of a major rule. Id.
The consent decree specifies limits on use of
disciplinary cell confinement:
• May only last up to 72 hours. Id. at 9-10
• Any confinement longer than 2 hours requires
permission from the Warden and
documentation stating the reason for the
confinement and justification for any
extensions. Id. at 10. The Deputy
Commissioner or a designee may approve
confinement beyond 72 hours, but only when
the youth “presents a continuous and direct
threat to the safety of others.” This extension
must only be used “in “extraordinary
circumstances.” The Deputy Commissioner
must review the extension every 72 hours. Id.
at 10-11.
• Youth must receive at least 4 hours of out-ofcell activity, including 1 hour of exercise. The

34

Punitive confinement
allowed.
Youth placed in
disciplinary confinement
for up to 3 days for
major rule violations;
can exceed 72 hours in
“extraordinary
circumstances” with
approval of Deputy
Commissioner/ designee
– to be revisited every
additional 72 hours.
Non-punitive
“emergency
confinement” for
“immediate, serious
threat to safety of
others” not to exceed 24
hours.
By consent decree

•

•
•
•

youth may also be permitted to make weekly
phone calls and to visit with family at least
twice a month. Id. at 5.
Juveniles receive same access to meals,
clothing, etc. as youth in the rest of the
facility. Id. at 10.
Placement of youth in confinement must be
documented. Id. at 10.
Youth may not be placed in confinement
without due process protections. Id. at 10-11.
Staff must check on youth at least 4 times an
hour, and must and speak to the youth during
those checks. Id. at 11.

“Emergency confinement” may also be used:
• If youth presents immediate, serious threat to
safety of others.
• Youth must be released once he/she has regained self-control.
• Not to exceed 24 hours.
Id. at 9-10.
Missouri

A juvenile may be confined for punitive reasons,
however, in practice, punitive confinement is
rarely used.

Punitive confinement
allowed, but is not used
in practice.

Juveniles are housed in two types of facilities in
Missouri:
1. Juvenile detention facilities used pre-trial
2. Division of Youth Services (DYS)
facilities used post-disposition.

Usually, isolation is
used for a cooling off
period of 1-2 hours.

Juvenile Detention Facilities
Missouri Supreme Court Rule 129 states that each
secure juvenile detention facility shall have a
policy regarding room restriction or confinement.
Mo. Sup. Ct. R. 129 Appx. A at 9.6. (current
through Mar. 15, 2015). That policy must include
the following requirements:
• Staff will observe and interact with the
juvenile at least every 15 minutes. Id. at 9.6.
• Staff will be immediately available to juvenile
at all times. Id.
• Records of imposed confinements must be
maintained. Id.

35

By court rule and
regulation.

Division of Youth Services Facilities
• Juvenile must be within calling distance of at
least one (1) adult staff member at all times
MO. CODE REGS. tit. 13, § 110-2.120(1)(C)
(current through April 30, 2015).
• Rules regarding education, clothing, hygiene,
and reading material are also found in § 1102.120(1)(C).
• A juvenile is entitled to a hearing for
confinement over 24 hours with a threeperson panel of staff members not involved in
the original offense. Id. at § 110-2.120(1)(A).
However, a 2010 report by the Annie E. Casey
foundation found:
• None of the Department of Youth Services
facilities have recently used isolation
punitively.
• Usually, isolation is used for a cooling off
period of 1-2 hours.
• Isolation cells are used fewer than 25 times a
year statewide.
Richard Mendel, The Missouri Model: Reinventing
the Practice of Rehabilitating Youthful Offenders,
ANNIE E. CASEY FOUNDATION (2010), available at
http://www.aecf.org/~/media/Pubs/Initiatives/Juve
nile%20Detention%20Alternatives%20Initiative/
MOModel/MO_Fullreport_webfinal.pdf.
Montana

A juvenile may be confined for punitive reasons.
Montana allows disciplinary detention as well as
non-punitive administrative segregation.
• Disciplinary detention may be used as a
punishment for a “serious rule violation” as
identified by facility policy.
• Disciplinary detention limited to 23 hours a
day, for a maximum of 4 consecutive days.
• Youth must be provided with 1 hour of large
muscle exercise per day.
• Youth must be provided with a due process
hearing within 48 hours of being placed in
disciplinary detention.
• Must keep records of use of disciplinary
detention.
• Non-punitive administrative segregation may

36

Punitive confinement
allowed.
Disciplinary detention
limited to 4 consecutive
days; due process
hearing within 48 hours
of placement.
By regulation

be used to control serious threats to “life,
property, self, staff, or other youth.”
MONT. ADMIN. R. 20.9.629 (current through Dec.
24, 2014).
Nebraska

A juvenile may be confined for punitive reasons.
Nebraska maintains multiple types of juvenile
correctional facilities.
Nebraska Correctional Youth Facility
The Nebraska Correctional Youth Facility is run
by the Nebraska Department of Correctional
Services and houses youth who have been
committed to the department by the court system.
The facility is a maximum, medium, and
minimum-security facility.
Nebraska Correctional Youth Facility, NEBRASKA
DEPARTMENT OF CORRECTIONAL SERVICES,
http://www.corrections.state.ne.us/ncyf.html (last
visited May 27, 2015).
“Solitary confinement” for disciplinary reasons is
not allowed in any correctional facility run by the
Department of Correctional Services. However,
“solitary confinement” is narrowly defined. In
solitary confinement:
• the individual is confined in an individual
cell;
• the cell has solid, soundproof doors; and
• the individual is deprived of all visual and
auditory contact with other persons.
68 NEB. ADMIN. CODE §6-017 (current through
May 5, 2015).
“Disciplinary segregation” is confinement in a
cell separated from the general population. Id. at
§ 016.
“Room restriction” is restriction from certain
privileges granted to the general inmate
population, but does not include total separation.
Id. at § 018.

37

Punitive confinement
allowed.
In Youth Rehabilitation
and Treatment Centers,
disciplinary segregation
allowed for up to 5 days
per offense; receive
hearing within 7 days of
allegation.
In Juvenile Detention
Facilities, disciplinary
segregation is allowed
for up to 7 days (or
longer in cases
involving violence);
hearing occurs in 96
hours; pre-hearing
confinement allowed for
safety reasons.
In either type of facility,
confinement over 24
hours requires
administrative review.
By regulation

Youth Rehabilitation and Treatment Centers
The Nebraska Department of Health and Human
Services runs two Youth Rehabilitation and
Treatment Centers. One facility is for males and
another is for females. Youth may also be
committed to these facilities by the court system.
As compared to the Nebraska Correctional Youth
Facility, these facilities provide a lower-security
environment.
See Youth Rehabilitation and Treatment Center
Geneva, NEBRASKA DEPARTMENT OF HEALTH AND
HUMAN SERVICES,
http://dhhs.ne.gov/children_family_services/Pages
/children_family_services.aspx (last visited May
27, 2015).
• “Disciplinary segregation” means the
confinement of a juvenile to an individual
room that is separated from the general
population as a sanction for a serious rule
violation. 401 NEB. ADMIN. CODE § 1-009.
• “Room Restriction” means the temporary
placement of a juvenile within his or her own
sleeping room for a brief cool-down period or
as an informal sanction for rule violation. Id.
• Room restriction of 15 to 60 minutes may be
imposed for minor misbehavior. Id. at § 7007.
• Disciplinary segregation may be imposed for
up to 24 hours for a major rule violation. Id.
• Confinement for any period over 24 hours
requires administrative review. Id.
• Maximum of 5 days of confinement per
offense. Id.
• Youth must be visually observed by staff at
least once every 15 minutes and visited at
least once a day. Id.
• Living conditions and privileges must
approximate those of the general population.
Id.
• Staff must keep records of confinement. Id. at
§ 7-006-007.
• Youth scheduled for hearing within 7 days
after the alleged violation. Other details about
the disciplinary procedure can be found at 401
NEB. ADMIN. CODE § 7-006.

38

Juvenile Detention Facilities (it is unclear what
department runs Nebraska’s detention facilities,
however at least one facility is county-run).
The section of the code applicable to disciplinary
segregation in juvenile detention facilities states:
• Youth may be confined for a maximum of
seven 7 days for a major rule violation, or
longer in cases involving violence.
• Confinement for periods of over 24 hours
must be reviewed daily by the facility
administrator or designee to determine need
for further confinement.
• Hearing must be held within 96 hours.
• Pre-hearing confinement is permitted only
when necessary to ensure safety of the
juvenile or facility.
83 NEB. ADMIN. CODE § 13-005; see also id. at §
1-008.60 and 008.96.
•

•

•

Nevada

When in confinement, juveniles are afforded
living conditions and access to basic programs
and services comparable to those available to
general population, unless restriction is
necessary for safety reasons. Id. at § 13007.01.
Staff must visually check the juvenile every
30 minutes and visit (actual entry into room
and conversing to assess well-being) at least
once each shift. Id. at § 13-007.02.
Room restriction for up to 1 hour is permitted
for juveniles to “cool off” and is used to
informally resolve minor misbehavior. Id. at
§ 13-003.

A juvenile may be confined for punitive reasons.
“Corrective Room Restriction” (which includes,
without limitation, administrative seclusion,
behavioral room confinement, corrective room
rest, and room confinement) may be used to:
• Modify negative behavior
• Hold child accountable for violation of facility
rules
• Ensure safety of children, staff or others
NEV. REV. STAT. ANN. § 63.505(1) (West 2013).

39

Punitive confinement
allowed.
Room restriction
allowed up to 72 hours;
requires approval from
supervisor if over 2
hours; status reviewed
every 24 hours.
By statute

Time limits on corrective room restriction:
• Any action resulting in room restriction over 2
hours must be documented and approved by a
supervisor.
• Staff must conduct a “safety and well-being
check” at least once every 10 minutes.
• Any child subjected to restriction for more
than 24 hours must be provided:
− at least 1 hour of large muscle exercise
daily, access to same meals and
medical/mental health treatment, same
access to parents/legal guardians, and
same access to legal services and
educational services as those provided
to the general population.
− A review of the status at least once
every 24 hours.
• Restriction may never exceed 72 consecutive
hours.
Id. at § 63.505(2)-(6).
New
Hampshire

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

New Hampshire’s Juvenile Justice Institutional
Services is comprised of two major programs:
1. The Youth Services Center (youth may be
committed here post-adjudication); and
2. The Youth Detention Services Unit (youth
detained here pre-adjudication).
N.H. Dep’t of Health and Human Servs.,
Institutional Services, (last visited June 3, 2015),
http://www.dhhs.state.nh.us/djjs/institutional/.

Seclusion is allowed
when child poses a
danger to himself or
others and cannot
continue once danger
has dissipated;
continuous visual and
auditory monitoring.
By regulation

•

•

•

Seclusion may not be used as a form of
punishment or discipline. N.H. REV. STAT.
ANN. § 126-U:5-a (2014).
Seclusion may be used when a child’s
behavior poses a substantial and imminent
risk of physical harm to the child or to others,
and may only continue until that danger has
dissipated. Id.
Each use of seclusion shall be directly and
continuously visually and auditorially
monitored by a person trained in the safe use

40

of seclusion. Id. at § 126-U:5-b.
The youth development center may confine
children in their rooms when such
confinement is part of a routine practice
applicable to substantial portions of the
population at the center and not imposed as a
consequence in response to the behavior of
one or more children. Id. at § 126-U:5-c.
A juvenile may not be confined for punitive
reasons.
•

New Jersey

S2003/A4299, which was signed into law on
August 10, 2015, see L. 2015, c. 89, eliminated the
practice of punitive solitary confinement.
•

•

A juvenile is not subject to “room restriction”
unless the juvenile poses an immediate and
substantial risk of harm to others or the
security of the facility, and all other lessrestrictive options have been exhausted.
May only be imposed for the minimum time
required to address the safety risk and for a
period that does not compromise the mental
and physical health of the juvenile.

No punitive
confinement allowed.
Room restriction
imposed for safety of
others or the security of
facility; should only be
imposed for minimum
time needed to address
safety risk; graduated
time limits apply based
upon age of juvenile.
Data collection and
publication requirements
in place.

•

By Statute
Time limits:
− Cannot be held in room restriction for more
than 8 consecutive waking hours without
being released for at least 2 hours for
recreation and exercise.
− No more than 2 consecutive days in room
restriction for juveniles 15 years of age or
younger.
− No more than 3 consecutive days in room
restriction for juveniles 16 – 18 years of
age.
− No more than 5 consecutive days in room
restriction for juveniles 18 years of age and
older.
− Cannot be subject to room restriction for
more than 10 days in a calendar month.

•

Juveniles shall continue to receive health,
mental health, and educational services.

41

•

Each facility is required to document and
publish, in aggregate: the dates and duration
of each occurrence of room restriction; the
reason for placement; race, age, and gender of
juvenile; and the reliance of health or mental
health clinical evaluations in placement
decision.

As of the date of this survey, implementing
regulations have not been proposed for this new
legislation.
New Mexico

A juvenile may not be confined for punitive
reasons. However, under the regulations,
confinement may be imposed in response to a
major rule violation if it is necessary for safety
reasons.
The administrative code allows for “room
restriction” and “confinement.”
“Room restriction” serves a “cooling-off purpose”
and “confinement” may be used only “for the
safety of the juvenile or other juveniles, or to
maintain the security of the facility[.]”
N.M. CODE R. § 8.14.14.19(B) (current through
May 16, 2015).
Room restriction:
• May only be imposed for minor misbehavior.
• Must only serve a cooling off purpose.
• Staff must check on juvenile once every 15
minutes.
• Facility must record reason for keeping
juvenile in isolation.
Id.
Confinement:
• May be imposed for a major rule violation.
• May only be imposed to protect the safety of
the juvenile or others, or to maintain security
of the facility.
• Limited to 72 hours.
• Status must be reviewed every 24 hours by
administrator or designee.
• Staff must check on juvenile once every 5

42

No punitive
confinement allowed.
Confinement (imposed
for safety of juvenile or
other juveniles, or
security of facility)
allowed up to 72 hours;
status reviewed every 24
hours by administrator
or designee; frequent
safety checks (every 5
minutes) and daily visits
from staff while in
confinement.
By regulation

minutes.
Juvenile must be visited by staff each day.
Juvenile must be provided with 2 hours of
recreation each day.
• Facility must record each confinement.
Id. at 8.14.14.19(B)(3); Id. at 8.14.14.19(E).
•
•

New York

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

Room confinement is non-punitive.
• Room confinement is defined as confinement
of a child in a room when the room is locked
or when the child is authoritatively told not to
leave.
• Room confinement shall not be used as
punishment; it may be used only when child
constitutes a “serious and evident” danger to
himself/others.
• Confinement must be authorized in writing by
head of institution or designee.
• Child must be visited once every 24 hours by
staff.
• Review of necessity for continued
confinement of child must be conducted every
24 hours.
• Reporting of confinement is required.
• Requirements for room conditions are listed in
§ 180.9(c)(11)(iv)-(v).
N.Y. COMP. CODES R. & REGS. tit. 9, §
180.9(c)(11) (current through May 27, 2015).

Confinement is
permitted when juvenile
presents danger to
himself or others; must
be authorized in writing
by head of
institution/designee.

The administrative code references “solitary
confinement” of youth only to say that it is a
prohibited form of discipline. Id. at §
180.9(c)(10).
Non-punitive room confinement is also permitted
in “state schools or centers.” These non-secure
facilities also receive committed juveniles.
Confinement exceeding 24 hours must be
approved by the deputy director for rehabilitation
services or designee. The superintendent or
director of the facility must review the necessity
for confinement every 24 hours. Id. at § 168.2(a),
(b), (f), (l).

43

Although the need for
continued confinement
is reviewed once every
24 hours, there is no
limit on the total time in
confinement.
By regulation

North
Carolina

A juvenile may be confined for punitive reasons.
North Carolina has two types of detention
facilities, Youth Development Centers and
Juvenile Detention Centers. Juvenile Detention
Centers house youth temporarily while the youth
await adjudication, before they are placed in a
Youth Development Center.
Detention Centers
Confinement in a Juvenile Detention Center is
controlled by a North Carolina Division of
Juvenile Justice policy:
• Disciplinary segregation may be used as a
punishment for a major rule violation. NORTH
CAROLINA DIV. OF JUVENILE JUSTICE POLICY:
DETENTION CTRS. JUVENILE SERVS. at 2.3.15
(July 26, 2012).
• Major rule violations, including arson, assault,
damaging property, and gang-related activity,
are listed in § 2.3.6.
• Major rule violations may result in no more
than 72 hours of room confinement, but may
be extended under special circumstances. Id.
at 2.3.15(b).
• Center director shall review all confinements
every 24 hours. Id.
• Any “special circumstance” requiring
extension beyond 72 hours shall be in writing,
justified by clear and convincing evidence,
and approved by the Center Director and the
Director of Detention Services. Id.
Juvenile Detention Centers also employ two types
of confinement for non-punitive purposes,
temporary confinement (id. at 2.3.13), and
administrative restriction (id. at 2.3.14). The
juvenile must not stay in these types of
confinement longer than needed to regain control
and return to the general population. Id. at
2.3.13(b); 2.3.14(b).

Youth Development Centers
Confinement in a Youth Development Center is
controlled by North Carolina Department of
Juvenile Justice and Delinquency Prevention
44

Punitive confinement
allowed.

In Juvenile Detention
Centers, disciplinary
segregation is limited to
72 hours, but may be
extended in “special
circumstances” with
written approval from
Center Director and
Director of Detention
Services; Center
Director reviews status
every 24 hours.

Certain Youth
Development Centers
also permit disciplinary
segregation up to 10
days.
By policy

Policy Nos. PS/YC MOC 3.0 and PS/YC 3.0.

Policy No. PS/YC MOC 3.0 governs Model of
Care facilities practicing a treatment model with
“facility based programming that promotes
prosocial skills development within the context of
a therapeutic environment.” NORTH CAROLINA
DEP’T OF JUVENILE JUSTICE AND DELINQUENCY
PREVENTION POLICY NO. PS/YC MOC 3.0 at (I)(J)
(Aug. 12, 2008).
• Punitive confinement is not used in Model of
Care facilities and instead, juveniles are
placed on “Special Circumstance Status.” Id.
at 3.0(II)(D). This status “identifies the skills
in need of extra practice, the number of extra
rehearsals needed per day, and the duration, in
days” to address the juvenile’s prohibited or
dangerous behavior. Id.
• Temporary confinement is used only if the
juvenile “demonstrate[s] a threat to
themselves, other people, property, or the
security of the facility.” Id. at 3.0(I)(W). In
these instances, confinement cannot exceed 12
hours without “clear and convincing
evidence” to justify an exception and requires
written approval by the Facility Director or
his designee. Id. at (II)(F)(3).
• Administrative restriction may also be used as
an extension of temporary confinement if the
juvenile’s behavior threatens the facility’s
safety or security. Id. at (II)(G).
Policy No. PS/YC 3.0 governs all other Youth
Development Center facilities. NORTH CAROLINA
DEP’T OF JUVENILE JUSTICE AND DELINQUENCY
PREVENTION POLICY NO. PS/YC 3.0 (April 15,
2007).
• Disciplinary segregation is used for certain
infractions, see id. at 3.0(II)(F), and can range
anywhere between 0-10 days depending on
the type of infraction. Infractions with a
potential segregation timeframe of 10 days
include arson, assault, escape/attempted
escape, inciting and/or participating in a

45

riot/disturbance, and sexual offenses.
Temporary confinement and administrative
restriction may also be employed. Id.
A juvenile may not be confined for punitive
reasons.
•

North Dakota

There are no statutes or regulations pertaining to
solitary confinement in youth correctional
facilities. However, North Dakota Youth
Correctional Center Policy and Procedure No. 3C2 (Rules and Discipline) provides that room
confinement may be used to “control behavior that
is a clear and present threat to the safety of the
juvenile, others or property or is posing a threat to
the security of the facility.” POLICY AND
PROCEDURES NORTH DAKOTA YOUTH CORR. CTR.,
NORTH DAKOTA DEP’T OF CORR. AND REHAB. No.
3C-2 at (3)(M) (Jan. 7, 2011).
• A juvenile who is non-compliant with the
conditions of 24-hour restrictions (resulting
from rule violations) is placed in room
confinement. Id. at (5)(B).
• Confinement cannot exceed 24 hours. Id.
• An incident report is written when a juvenile
is placed in the room for more than 15
minutes. Id.
• Face to face communication must occur at
least every 15 minutes. Id.
• Documentation related to rule violations is
reviewed by the Director. Id. at (5)(C)(2).
• A disciplinary hearing is conducted as soon as
possible, but at least within 8 waking hours of
the completed incident report. Id. at
(5)(C)(3).
• Juvenile may be confined to control behavior
prior to disciplinary action if presenting an
immediate threat to safety or security.
• Confinement over eight waking hours requires
a disciplinary hearing. The juvenile may be
released from confinement pending a hearing
if it is determined that he no longer poses an
immediate safety or security threat. Id. at
(5)(C)(1).
In 2011, the North Dakota Department of
Corrections and Rehabilitation reported that the

46

No punitive
confinement allowed.
Non-punitive
confinement may be
used to control behavior
that is a threat to safety
of juvenile, others,
property, or security of
facility; cannot exceed
24 hours; hearing
required if confinement
is more than 8 waking
hours.
But confinement is no
longer used in practice;
at most, juveniles are
placed
in time-out for up to 4
hours to allow them to
“cool off.”

By policy

facility was reducing its use of isolation and that
there were no instances of isolation in April 2011.
Casey Traynor, Barbara Allen-Hagan Award, THE
INSIDER, January 2012, at 1, available at
http://www.nd.gov/docr/media/newsletter/archive/
Jan2012.pdf.
According to a 2013 Performance Based Standards
(PbS) report available on North Dakota’s
government website, staff at North Dakota’s
Youth Correctional Center, as well as its Youth
Detention Center and Youth Assessment Center
reported that they have continued to not practice
confinement but still employ a 4 hour cooling-off
period.
Performance Based Standards 2013 Year End
Report 7-8 (Dec. 31, 2013), available at
http://www.nd.gov/docr/prea/docs/YCC_Performa
nce_Based_Standards_2013_year_end_report.pdf.
In an interview with Ron Crouse, the director of
the North Dakota Youth Correctional Center,
North Dakota’s only juvenile correctional facility,
he confirmed that:
• Isolation is no longer practiced in the facility.
• Juveniles may be placed in time-out for up to
4 hours, in order to allow juveniles to “cool
off,” and anything exceeding the 4 hour time
period requires staff review and approval.
• Since the facility ended confinement of
juveniles, in-house crime has dropped 6080%, and they have reduced the use of
physical restraints by 80% as well.
Telephone interview with Ron Crouse, Director of
the North Dakota Youth Correctional Center (June
1, 2015).

47

Ohio

Ohio operates a number of youth correctional
facilities.
Juvenile Correctional Facilities (run by Ohio’s
Department of Youth Services (“DYS”))
Pursuant to a May 2014 consent agreement
between the state of Ohio and the U.S. Justice
Department, Ohio agreed to substantially reduce
and eventually eliminate completely the use of
“disciplinary seclusion” (defined as seclusion
imposed as punishment following a disciplinary
hearing) in DYS facilities, which include the
Juvenile Correctional Facilities only. See S.H. v.
Reed, No. 2:08-cv-00475 (S.D. Ohio) at Docket
No. 148, effective September 1, 2014 (“Consent
Decree”).
• Since entry of the Consent Decree, the use of
“disciplinary seclusion” (seclusion imposed
following a hearing) has been eliminated
completely in Juvenile Correctional Facilities.
Telephone Interview with Kimberly Brooks
Tandy, Executive Director, Children’s Law
Center, Inc. (June 9, 2015).
• However, pre-hearing seclusion, also known
as “intervention seclusion,” continues to be
permitted up to 24 hours. Id.; see also
Consent Decree at ECF 148-1.
• Youth placed in seclusion are checked
visually by staff at least every 15 minutes and
are visited daily by various staff. Consent
Decree at ECF 148-1.
• To impose more than 72 hours of seclusion in
a 30-day period requires treatment plan
review and approval from Bureau Chief for
Facilities or the Deputy Director. Id.
• Although the use of pre-hearing seclusion is
still permitted, its use has been dramatically
reduced according to a report by the
Correctional Institution Inspection Committee
of Ohio. Correctional Institution Inspection
Committee of Ohio, DYS Seclusion Hours
(Feb. 11, 2015), available at
http://www.ciic.state.oh.us/systemic-issuereport?category=DYS&orderedBy=ReportDat
e&order=Descending

48

Punitive confinement
allowed in limited
circumstances.
DYS facilities have
eliminated disciplinary
seclusion but still allow
up to 24 hours of prehearing seclusion.
Ohio Detention Centers
allow room restriction to
be imposed on youth
charged with a major
rule violation if
necessary for the safety
of the juvenile, staff,
other juveniles, or safety
or security; no
maximum time limit;
must be reviewed every
24 hours by an
administrator.

By consent agreement
and regulation

Detention Centers
The regulations applicable to Ohio’s Detention
Centers, (where juveniles are held preadjudication), recommend the following standards:
• Time-outs may be used as a consequence for
minor rule violations.
• When a child has been charged with a major
rule violation, room restriction may be
imposed for the safety of the juvenile, staff,
other juveniles, or safety or security – to be
reviewed every 24 hours by an administrator.
Because room restriction is triggered by a
major rule violation, we consider this to be
punitive confinement.
• There is no time limit on room restriction.
• Children in isolation must be observed every
15 minutes.
OHIO ADMIN. CODE 5139-37-16 (current through
May 8, 2015).
Community Correctional Facilities
Ohio also operates lesser security Community
Corrections Facilities, described as providing “a
dispositional alternative to Juvenile and Family
Court Judges when committing youth adjudicated
of a felony offense.” See Community Correctional
Facilities, OHIO DEPARTMENT OF YOUTH
SERVICES,
http://www.dys.ohio.gov/dnn/Community/Commu
nityCorrectionsFacilities/tabid/130/Default.aspx
(last visited May 29, 2015).
Isolation may be used at Community Correctional
Facilities. OHIO ADMIN. CODE 5139-36-16(M)
(current through May 8, 2015).
Oklahoma

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

Punitive solitary confinement is disallowed by
statute and regulation.
OKLA. STAT. Ann. tit. 10A, § 2-7-603(B)(1)(West
current through 2015); OKLA. ADMIN. CODE §
377:35-11-4(b) (current through April 15, 2015).

Non-punitive solitary
confinement is allowed
when the juvenile is out
of control, a danger to
self/others, and has
failed to respond to less
restrictive methods of

However, solitary confinement is used in juvenile

49

detention facilities as a non-punitive emergency
measure. It may only be used when a juvenile is:
• out of control;
• a serious an immediate physical danger to
himself or others; and
• has failed to respond to less restrictive
methods of control.
OKLA. ADMIN. CODE § 377:35-11-4(a).
No juvenile shall be confined for more than 3
hours. Id. at § 377:35-11-4(b).

Oregon

control, and may only be
used for up to 3 hours.
Non-punitive room
confinement, a lesssevere form of
confinement, is also
employed. It must be
re-authorized every 3
hours. Room
confinement in excess of
24 hours must be
reviewed by the
administrator.

Other, less restrictive forms of separation may be
used in Secure Juvenile Detention Centers.
• Segregation from general population can be
used, not in excess of 60 minutes, and requires By statute and
regulation
continual line of sight and sound of juvenile.
Id. at § 377:3-13-44(c)(12).
• Room restriction may be used to informally
resolve minor misbehavior, serves a “cooling
off” purpose and cannot exceed 60 minutes.
Id. at§ 377:3-13-44(c)(13).
• Room confinement may also be used when
the juvenile has been charged with a major
rule violation requiring confinement to protect
his/her safety or the safety of others, or to
ensure the security of the facility. Room
confinement must be re-authorized every 3
hours. Room confinement in excess of 24
hours requires review by the administrator.
Id. at 377:3-13-44(c)(14).
• Juvenile in room confinement or room
restriction must be observed every 15
minutes. Id. at 377:3-13-44(c)(15).
• Living conditions and services in confinement
must approximate those available to the
general population. Id.
•
Documentation of room restriction also
required. Id.
A juvenile may be confined for punitive reasons.
Punitive confinement
allowed in the form of
Pre-Adjudication Detention Facilities
“roomlock”
A juvenile may not be placed in “isolation” for
punitive reasons.
Punitive “roomlock” is
allowed by statute for an
However, a juvenile may be placed in punitive
unspecified period of

50

“roomlock” for an unspecified period of time, with time, with a hearing
a hearing required after 12 hours.
required after 12 hours;
one detention center
Isolation (by statute)
stated in an interview
that “roomlock” never
• Defined as the “confinement of a juvenile in
exceeds 12 hours in that
any room which lacks toilet facilities,
institution.
furniture, reading and recreation materials or
access to light and air comparable to that in
“Isolation,” a more
other rooms used for the detention of
severe form of
juveniles.” OR. REV. STAT. ANN. § 169.730
confinement, may be
(West 2015).
used to prevent escape,
• Isolation may not be imposed for punitive
harm to self/others, or
purposes, but may be used only when
destruction of property
“reasonably necessary and justified” to
and may not exceed 5
prevent escape, harm to self or others, or
consecutive days.
destruction of property, and cannot be used
for a period in excess of 6 hours. Id. at §
By statute and
169.750(1)-(2).
regulation
• The facility must contact the attorney and
parent or guardian of a juvenile after the use
of any isolation both as soon as reasonable
after the use of isolation and via mail within
24 hours after the use of isolation. Id. at §
169.740(2)(j).
Roomlock
• The “confinement of a juvenile in any
sleeping room, other than an isolation room,
except during regular sleeping periods[.]” Id.
at § 169.730.
• Roomlock may be used as a punishment for
violation of a rule of conduct or behavior of
the facility or for criminal conduct. Id. at §
169.750(3).
• Must not be used for over 12 hours for more
than 1 day except after advising the juvenile
in writing of the offensive behavior and
providing the juvenile with a hearing, as well
as the opportunity to testify and produce and
cross-examine witnesses. Id. at § 169.750(7).
• The Multnomah County Detention Center, the
largest in the state, advised that its policy
limits roomlock to 6 hours, which can be
extended with administrative approval, but
under no circumstance is to exceed 12 hours.
MULTNOMAH COUNTY DEP’T OF COMMUNITY

51

JUSTICE JUVENILE SERVS. DIV. ROOM LOCK
POLICY (effective Dec. 2009).
Oregon Youth Authority Facilities (postadjudication)
The Oregon Youth Authority (OYA) is
responsible for youth offenders post-adjudication.
Punitive isolation is not permitted in OYA
facilities. See generally OR. ADMIN. R. 416-490
(current through April 1, 2015).
Isolation (by regulation)
• Any instance when an offender is confined
alone in a locked room because of the
offender's behavior or conduct. Id. at 416490-0010.
• May only be used when the offender is a
danger to himself or others, or an immediate
threat to safety, security, and order of the
facility. Id. at. 416-490-0030(2) and 416-4900032(1).
• Isolation must not be used as a substitute for
treatment, as punishment, or for staff
convenience. Id. at 416-490-0030(12) and
416-490-0032(2).
• Staff must monitor the offender every 15
minutes and monitoring must be documented
in writing. Id. at 416-490-0032(3).
• Isolation must only be used until the offender
regains self-control and can return to a less
restrictive setting. Id. at 416-490-0032(4).
An incident of isolation must not exceed 5
consecutive days. Id.
• Isolation for more than 24 consecutive hours
requires review by the superintendent, camp
director, or designee, and the option of a
hearing, and daily visits from the offender’s
treatment team. Id. at 416-490-0032(6).
• Offenders in isolation are given the “same
opportunity to maintain health and dignity” as
offenders in the general population, with
certain exceptions such as the offender’s
abuse or misuse of items (e.g., bedding,
hygiene supplies, mail, reading material, and
article of clothing). Id. at 416-490-0032(8)

52

and (10).
Oregon Youth Authority facilities may also use
“time-outs” – when the youth is separated from the
general population due to the offender’s behavior
until he regains self-control – and this occurs in an
unlocked room, or area, within sight of the general
population. See generally id. at 416-490-0031.
Pennsylvania

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

Seclusion, defined as placing a child in a locked
room, is permitted in juvenile facilities that
provide secure care. 55 PA. CODE §§ 3800.206
and 3800.273 (2000). However, it may only be
used to prevent a child from injuring himself or
others. Id. at § 3800.202.
• Oral or written authorization by supervisory
staff is required prior to each use of seclusion.
• Seclusion may not exceed 4 hours, unless a
licensed clinician examines the child and
orders continued use of seclusion.
Reexamination and new orders are required
for each 4-hour period the seclusion is
continued. If seclusion is interrupted and
reused within 24 hours after the initial use of
seclusion, it is considered continuation of the
initial seclusion period.
• A staff person must observe a child in
seclusion at least every 5 minutes.
• An additional supervisory staff person must
check and observe the child at least every 2
hours.
• Physical needs of the child must be met
promptly.
• The use of seclusion for any child may not
exceed 8 hours in any 48-hour period without
written court order.
Id. at § 3800.274(17).
• Before seclusion is used, every attempt must
be made to anticipate and de-escalate the
behavior using other methods of intervention,
and seclusion may not be used unless less
intrusive techniques and resources have been
attempted.
• Seclusion must be discontinued when child

Seclusion is permitted in
4-hour periods and may
be extended by a
clinician’s written order,
however it may not
exceed 8 hours in any
48-hour period without
court order.

53

Another confinement
measure called
exclusion may be used
for punitive reasons for
up to a total of four
hours a day.
By regulation

regains self-control.
Id. at § 3800.202.
Exclusion, however, may be used in a punitive
matter. Id. at § 3800.202. Exclusion is defined as
the removal of a child from the child’s immediate
environment and restricting the child alone to a
room or area. If a staff person remains in the
exclusion area with the child, it is not exclusion.
Limits on exclusion:
• May not be used for over 60 minutes in a 2hour period.
• May only be used up to four times within a
24-hour period.
• Staff person should observe child in exclusion
every 5 minutes.
• The exclusion room must contain an open
door or window for observation.
Id. at § 3800.212.
Rhode Island

A juvenile may be confined for punitive reasons.
Rhode Island prohibits the use of punitive
seclusion in most state facilities that house
children, see R.I. GEN. LAWS 42-72.9-5 (current
through 2014); however, that same statute exempts
the Rhode Island Training School, which provides
the State’s juvenile correctional services. Id. at §
42-72.9-3.
The Division of Juvenile Correctional Services
which maintains the Rhode Island Training School
permits “lock up” as a disciplinary measure “only
after all other means of discipline have been
taken” and pursuant to a discipline review known
as a Major Discipline Review.
14-2 R.I. CODE R. §1200.1307 (current through
April 30, 2015).
• A resident may be placed in his/her room up
to one hour as discipline for minor offenses.
Id. at § 1200.1305(C)(4)
• A resident may be remanded to his/her room
up to 3 days for more serious infractions. Id.
at § 1200.1306 and .1307
• Details on the conduct that can lead to a
Major Discipline Review process are set forth
within § 1200.1306.

54

Punitive confinement
allowed.
Punitive lock-up
allowed for up to 3 days.
Juvenile has right to a
disciplinary hearing
with many due process
protections; pre-hearing
lock-up imposed if
juvenile deemed to be at
risk for harm to himself
or others, and hearing
must then occur within
24 hours (absent an
extension sought for
counsel).
By regulation

•

•

Resident is entitled to notice and a hearing
with many due process protections that must
occur within five work days of the incident.
Id. at § 1200.1306.
If the Superintendent determines the resident
is “at risk for imminent harm to him/herself or
others, the resident may be remanded to
his/her room” prior to the hearing, which must
then occur within twenty-four hours of the
incident unless the resident requests an
extension to allow his/her attorney to be
present at the hearing. Id.

When in “Lock Up” status:
• Residents must be monitored by staff every 15
minutes.
• Residents must be seen every day by clinical
social worker or other clinical staff.
• Residents must be provided with daily
showers, medical care, hot meals served
outside of the room, exercise, visitation,
religious observance, mail privileges, and
access to phones to contact attorneys and
parents/guardians, among other requirements.
Id. at § 1200.1307(E)-(K).
South
Carolina

A juvenile may not be confined for punitive
reasons.

Punitive confinement
not allowed.

The South Carolina Department of Juvenile
Justice’s (DJJ) Policy and Procedures governing
the “Isolation of Youth” expressly provides that
“Isolation is never to be used as punishment.”
However, we note that certain policies, discussed
infra, do allow a youth to be placed in isolation as
a consequence of committing a major rule
violation.
STATE OF SOUTH CAROLINA DEP’T OF JUVENILE
JUSTICE POLICY AND PROCEDURES No. G-3.4 (Oct.
2, 2014).
• Isolation is defined as “[a]ny instance when a
youth is confined alone for over 15 minutes in
a room other than the room or cell in which he
or she usually sleeps. Isolation can occur in
locked or unlocked rooms.” Id.
• A Shift Supervisor or higher level manager
may temporarily place a juvenile that has

Isolation in response to
a major rule violation
cannot exceed 4 hours
unless it is determined
that releasing the
juvenile poses a threat to
safety and/or security of
the facility; any
extensions require
approval from Captain
of Security or higher
level manager.

55

In practice, isolation is
used solely to
“neutraliz[e] out-ofcontrol behavior” and
the use of isolation has

committed a major rule violation in isolation.
Within 2 hours of the juvenile being placed in
isolation, the Shift Supervisor must complete
a review process and provide the juvenile an
opportunity to be heard to determine whether
the juvenile will remain in isolation or be
released. Id.
• When in isolation, staff must conduct visual
checks at least every 15 minutes and
document it and a social worker must meet
with juvenile within 1 hour of being placed in
isolation. Id.
• Isolation cannot exceed 4 hours unless it is
determined that releasing juvenile poses a
threat to safety and/or security of the facility.
Id.
• Isolation time can be extended by the Captain
of Security or higher level manager and
requires documented justification. Id.
See also STATE OF SOUTH CAROLINA DEP’T OF
JUVENILE JUSTICE POLICY AND PROCEDURES No.
G-9.19 at E.3 (Dec. 31, 2014).
According to one state publication, after the State
settled a federal law suit in 2003 which had
challenged the conditions of confinement of
juveniles housed in facilities operated by the
Department of Juvenile Justice, see Alexander S.
By & Through Bowers v. Boyd, 876 F. Supp. 773,
785 (D.S.C. 1995), as modified on denial of reh'g
(Feb. 17, 1995), the number of juveniles held in
solitary confinement and “secure lockup” has
declined:
• There was a 70% decline in the number of
youth held in “lockdown” between 2006 and
2012.
• One of two “lockdown facilities” was closed
because lockdown was so rare it was no longer
needed.
Margaret Barber, Change is Possible,
PERSPECTIVES, AMERICAN PROBATION AND
PAROLE ASSOC. 85 (Fall 2012), available at
http://www.state.sc.us/djj/pdfs/change-is-possiblearticle.pdf.
Additionally, between 2011 and 2014, the average
duration of isolation dropped from 216.80 hours to
56

declined 70% between
2006 and 2012.

By policy

.78 hours.
Fiscal Year 2013-2014 Accountability Report,
SOUTH CAROLINA DEP’T OF JUVENILE JUSTICE A-3
(2014), available at
http://www.state.sc.us/djj/pdfs/2014Accountability-Report.pdf.
DJJ facilities may also use separation, which
serves a “cooling off” purpose.
• Staff places a juvenile away for his/her peers
in a quiet area/location for less than 15
minutes to provide him/her the opportunity to
regain self-control.
• Staff must be able to hear or see the juvenile,
e.g., juvenile may be in a staff member’s
office
STATE OF SOUTH CAROLINA DEP’T OF JUVENILE
JUSTICE POLICY AND PROCEDURES No. G-9.16 at
H.3 (Dec. 31, 2014).
Segregation may also be used in DJJ’s maximum
security units.
• Juvenile is placed in a cell with the door
remaining open and with limited access to the
open area of the wing.
STATE OF SOUTH CAROLINA DEP’T OF JUVENILE
JUSTICE POLICY AND PROCEDURES No. G-9.20 at
A.3 (May 28, 2015).
South Dakota

A juvenile may be confined for punitive reasons.
South Dakota’s Juvenile Corrections System
consists of various juvenile programs known as the
State Treatment and Rehabilitation Program
(STAR) Academy. The STAR Academy’s policy
permits punitive confinement as a response to a
violation of a major “Prohibited Act” (as provided
in the facility’s Student Handbook).
Punitive Confinement
• May be imposed for the violation of a major
Prohibited Act following a disciplinary
hearing (prior to the disciplinary hearing the
youth may be placed in Administrative
Detention, see below).
• Placement in punitive confinement may not
exceed 5 consecutive days, excluding days
57

Punitive confinement
allowed.
Punitive confinement
allowed for up to 5 days,
following a disciplinary
hearing.
Administrative detention
imposed when the
juvenile poses a threat to
life, property, security,
or disciplined operation
of the facility; not to
exceed 24 hours without
approval from
Superintendent;
reviewed every 24 hours

spent in Administrative Detention.
for continued use.
Juveniles in punitive confinement receive at
least 1 hour per 24 hour period outside the cell By policy
for exercise/recreation and showering.
• Juvenile must receive appropriate educational
services.
• Staff must check on juveniles once every 15
minutes.
SOUTH DAKOTA DEPARTMENT OF CORRS. POLICY
1.3.C.3 (III) and (IV)(3), (10) (Aug. 18, 2014),
available at
http://doc.sd.gov/documents/about/policies/Juvenil
e%20Discipline%20System.pdf.
•

Administrative Detention
• A temporary form of separation from the
general population used when the juvenile
poses a threat to life, property, security, or
disciplined operation of the facility, not to
exceed 24 hours, excluding weekends and
holidays. Detention beyond 24 hours requires
approval by the Superintendent.
• Reviewed every 24 hours to determine the
need for continued use.
• May be used when the juvenile is charged
with committing a major Prohibited Act but
has not yet had a disciplinary hearing.
• May be used when an investigation is being
conducted and staff has reason to believe
juvenile has violated a major Prohibited Act
and/or juvenile is suspected of being involved
in, or having committed a criminal offense.
• May be used when the juvenile is about to be
transferred to another facility because of an
increase in risk level.
• Staff must check on juveniles once every 15
minutes.
• Must receive at least 1 hour per 24 hour
period outside cell for exercise/recreation and
showering.
• Juvenile must receive appropriate educational
services.
Id. at (III) and (IV)(5).
For additional reporting on confinement and
isolation percentages in South Dakota’s juvenile

58

facilities, see DOUG HERRMANN AND TONYA
WRIGHT-COOK, SOUTH DAKOTA DEP’T OF CORRS.,
SOUTH DAKOTA’S PERFORMANCE BASED
STANDARDS (PBS) REPORT 34-38 (2014),
available at
http://doc.sd.gov/documents/juvenile/2013PbSPub
licReport.pdf.
Tennessee

A juvenile may be confined for punitive reasons.

Punitive confinement
allowed.

Tennessee’s Department of Children’s Services
(DCS) Administrative Policies and Procedures
25.5-DOE governs the use of confinement in
Tennessee’s three Youth Development Centers
which are its “hardware-secure” residential
facilities for the most serious offenders.
STATE OF TENNESSEE, DEP’T OF CHILDREN’S
SERVS., ADMIN. POLICIES AND PROCEDURES 25.5DOE (July 1, 2008), available at
https://files.dcs.tn.gov/policies/chap25/25.5DOE.p
df
• Confinement for Control: confinement may be
used when a youth is determined to be “out of
control” in which case, it is used only for the
time necessary for the youth to regain control.
− Cannot exceed 3 hours without
authorization.
− One extension of confinement for up to 3
hours may be authorized only by the
Superintendent or highest ranking
available treatment staff, psychologist,
Youth Services Manager of Treatment,
Correction Counselor Manager.
− Any additional extensions may only be
authorized by the psychologist, or if
unavailable, the Superintendent.
− The authorizing staff member must
reexamine the youth at least once every 3
hours
• Disciplinary Confinement: confinement may
be used as a sanction of the offenses
delineated in the Disciplinary Punishment
Guidelines Policy (see STATE OF TENNESSEE
DEP’T OF CHILDREN’S SERVS. ADMIN.
POLICIES AND PROCEDURES 25.40-DOE (July
1, 2008), available at

Disciplinary
confinement up to 5
days; subject to 24- hour
pre-hearing confinement
only if deemed
necessary for the safety
of the facility;
confinement more than
24 hours requires
approval.

59

Extended non-punitive
confinement requires
continuous review
and/or approval from a
psychologist and high
ranking administrators.

By policy

•

•

•

https://files.dcs.tn.gov/policies/chap25/25.4D
OE.pdf)
− Cannot exceed 5 consecutive days. Youth
must return to regular programming for at
least 48 hours before any further
disciplinary confinement is imposed.
− Superintendent may authorize pre-hearing
confinement up to 24 hours when a youth
is charged with a major rule violation
whose maximum confinement could be 5
days and immediate confinement is
necessary for the safety of the facility.
− Confinement for periods of over 24 hours
is reviewed and approved every 24 hours
by the Assistant Commissioner of
Residential Services or Central Office
designee
− Pre-hearing confinement will be credited
towards the final disciplinary disposition
Emergency Confinement:
− Youth may be placed in confinement by
authorization from Superintendent or
designee and only if the youth advocates
to other youth that they act in a concerted
effort and there is clear and present danger
that such actions would cause harm to
others, take control of any part of the
institution, cause destruction of property,
or jeopardize security of facility.
− Confinement continues as long as security
problem exists and only under case-bycase direction of superintendent or
designee.
− Use must be documented within 24 hours.
− Confinement over 24 hours must be
authorized by the Assistant Commissioner
of Residential Services.
− Youth must be reviewed by psychologist
or physician after 72 hours of confinement
and again each 48 hours.
Protective Confinement: may be authorized if
a youth voluntarily requests confinement due
to a legitimate fear for his/her safety.
Medical Confinement: must be authorized by
physician or other authorized person acting
under medical protocol.

60

STATE OF TENNESSEE, DEP’T OF CHILDREN’S
SERVS., ADMIN. POLICIES AND PROCEDURES 25.5DOE (July 1, 2008), available at
https://files.dcs.tn.gov/policies/chap25/25.5DOE.p
df
Requirements of Confinement:
• Youth in confinement must be visually
checked by staff every 15 minutes and visited
at least once a day by personnel.
• Must be permitted at least 1 hour of exercise
every 24 hours.
• Youth is provided the opportunity to engage
in activities (including counseling, academic
and recreational) outside the confinement
room, but inside the confinement unit for at
least 3 hours per day.
• Confinement must be reviewed by a
psychologist or physician after 72 hours.
• Requires reporting procedures including
documentation of confinement.
Id.
In January 2015, the Tennessee Commission on
Children and Youth issued a Policy Brief entitled
“A Therapeutic Approach to Juvenile Justice,”
which recommended a “[s]hift toward a
therapeutic rather than a correctional approach to
juvenile justice, which is more effective, costefficient and beneficial for all groups involved.”
TENNESSEE COMMISSION ON CHILDREN AND
YOUTH, POLICY BRIEF: A THERAPEUTIC APPROACH
TO JUVENILE JUSTICE (2015), available at
http://www.tn.gov/tccy/pb-jj-ta-0215.pdf.
Texas

A juvenile may be confined for punitive reasons.

Punitive confinement
allowed.

The Texas Administrative Code offers a number of
confinement options, depending on the facility at
Disciplinary seclusion
which the youth is held and the circumstances
allowed up to 24 hours,
(pre-adjudication vs. post-adjudication).
but may be extended
with administrative
Disciplinary Seclusion
approval; Youth
secluded more than 24
• Disciplinary seclusion is defined as “the
hours must receive a
separation of a resident from other residents
formal disciplinary
for disciplinary reasons and the placement of
review no later than his
the resident alone in an area from which

61

•

•

•

•
•
•

egress is prevented for more than 90 minutes.”
37 TEX. ADMIN. CODE § 343.100(13) (current
through May 2015).
May be used as a consequence of a major rule
violation (defined as “serious behavior against
persons or property” or “behavior that poses a
serious threat to institutional order and safety”
Id. at § 343.100(30)) or when a resident poses
a threat to self or others. Id. at § 343.288(a).
Residents that receive a major rule violation
or sanction are eligible to request a formal
disciplinary review within 10 calendar days of
making such a request. Id. at 343.276.
Disciplinary seclusion over 24 hours must be
approved in writing by the program
administrator. Id. at § 343.288(c).
Each subsequent 24 hour period shall require
approval. Id.
Youth shall be observed every 15 minutes. Id.
at § 343.288(e).
Youth shall be provided with a disciplinary
review process. If the resident is secluded for
less than 24 hours, the resident must receive
an informal disciplinary review. If the
resident is secluded for a period beyond 24
hours, he must receive a formal disciplinary
review no later than his 72nd hour of
seclusion. Id. at §§ 343.288(f) and 343.278.

Room restriction
• Room restriction is defined as “the separation
of a resident from other residents for behavior
modification and the placement of the resident
alone in an area from which egress is
prevented for 90 minutes or less.” Id. at §
343.100(57).
• May be used by pre-adjudication and postadjudication secure facilities. Id. at §
343.286.
• Staff must also observe the resident at least
every 15 minutes. Id. at § 343.286.
Isolation
• Isolation is defined as “the separation of a
resident from other residents for assessment,
medical, or protective reasons and the

62

72nd hour of seclusion.
Isolation (separation for
assessment, medical, or
protective reasons) that
exceeds 72 hours
requires administrator
review and an
alternative service
delivery plan for all
required program
services.
Youth may be confined
to a “security program”
for non-punitive reasons
for up to 8 days with
appropriate approvals.
By regulation

•
•

placement of the resident alone in an area
from which egress is prevented.” Id. at §
343.100(27).
Protective isolation may be ordered when a
resident is physically threatened by others.
Isolation exceeding 72 hours requires review
by a facility administrator or designee and an
alternative service delivery plan must be in
place to ensure access to all required program
services. Id. at § 343.290.

Security Units
Texas operates security programs at its high
restriction facilities in order to temporarily remove
youth who engage in certain dangerous or
disruptive behaviors from the general campus
population. Id. at § 380.9740(a).
• Youth transferred to a “security program” are
restricted to a secure building with individual
rooms. Id. at § 380.9740(c).
• Confinement in the security program cannot
be used as punishment, however, youth may
be admitted to security program when there is
a reasonable belief that youth committed a
major or minor rule violation requiring
referral to the security unit and the youth is an
escape risk, poses a danger to himself, others
or the facility, disruptive to programming, or
likely to interfere with an ongoing
investigation or due progress hearing. Id. at §
380.9740(d)-(e).
• May be held up to 24 hours but facility staff
may authorize four 24 hour extensions.
Extensions (up to 72 hours) beyond the fifth
day of confinement requires approval from the
division director over residential services or
designee and may be approved when there is
no less restrictive placement suitable for
managing the youth’s behavior and the youth
continues to present an immediate physical
danger to others or the youth continues to
likely interfere with a pending or ongoing
investigation/hearing. Id. at § 380.9740(f)(g).
• Staff must visually check youth at least every
15 minutes. Id. at § 380.9740(j).

63

•

•

•
•

Utah

Program must adhere to standard schedule
approximating that of the general population,
and includes at least 4 hours outside of the
locked room if the youth’s behavior permits.
Id.
Staff from administrative, clinical and/or
religious departments must visit at least once
a day. Id.
Nurse and case manager must visit at least
once a day. Id.
Youth must be provided medical services,
access to restrooms, showers, same food as
others, access to education services, and 1
hour of large muscle exercise out of the room.
Id.

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

Confinement (which includes both isolation and
room confinement) is only used when necessary to
prevent harm to another person, prevent damage to
property, prevent the youth from escaping, or to
prevent a youth from persistently disrupting
program operations or committing rule infractions.
DEPARTMENT OF HUMAN SERVICES DIVISION OF
JUVENILE JUSTICE SERVICES POLICY AND
PROCEDURES, Use of Confinement, Policy No. 0505(IV)(B) (revised February 6, 2013), available at
http://hspolicy.utah.gov/Files/JJS/Section%2005%
20-%20Safety,%20Security,%20Supervision/0505%20Use%20of%20Confinement.pdf.

Juvenile must be
released from nonpunitive confinement
once he or she
demonstrates a
sufficient level of selfcontrol.

Note: Although the policy’s stated “Rationale”
states that confinement may not be used for the
purpose of punishment, the policy does allow
confinement of a juvenile who engages in
“continued rule infractions.”
•

•
•

“Room Confinement” is confinement in
juvenile’s normally assigned sleeping room.
Id. at (IV)(C).
“Isolation” is confinement in a room other
than the juvenile’s sleeping room. Id.
Staff shall visually monitor juveniles placed in
confinement at least once every 15 minutes.
Id. at (IV)(E).

64

Confinement exceeding
1 hour requires
supervisory approval; if
in excess of 3 hours,
requires authorization
from facility Director/
designee.

By policy

•

•

•
•

Vermont

The juvenile must be released from
confinement once he or she demonstrates a
sufficient level of self-control. Confinement
shall only be used to manage problematic
behavior. Id. at (IV)(D).
Periods of confinement lasting longer than 15
minutes require an incident report. Id. at
(IV)(E).
Supervisor or designee must approve
confinement exceeding 1 hour. Id.
Exigent circumstances may require
confinement to exceed 3 hours, which
requires authorization by facility Director or
designee. Id.

A juvenile may not be confined for punitive
reasons.

No punitive
confinement allowed.

The only secure juvenile facility in Vermont is the
Woodside Juvenile Rehabilitation Center and it
does not employ punitive solitary confinement.
E-mail from Jay Simon, Director, Woodside
Juvenile Rehabilitation Center, to author (June 12,
2015, 10:31 EST) (on file with author).

Seclusion only used to
ensure immediate safety
of youth or others, and
seclusion for longer than
30 minutes requires
administrative or
clinical approval.

The regulations concerning residential treatment
programs for juveniles, which are applicable to
Woodside, specify:
• Seclusion may only be used to ensure the
“immediate safety” of the youth or others,
when no other intervention is effective in
averting danger.
• Youth in seclusion must be constantly
supervised by staff.
• Seclusion may not be used as a form of
punishment or as a means of discipline.
• Seclusion lasting over 10 minutes requires
approval from the supervisor.
• Seclusion lasting over 30 minutes requires
administrative or clinical approval.
• Circumstances under which seclusion may be
used are listed in written policies and
procedures.
12-3-508 VT. CODE R. §§ 659-664 (current
through May 2015).

65

By regulation

Requirements for reporting and documentation of
seclusion are specified in §§ 667-669.
Virginia

A juvenile may be confined for punitive reasons.
Room Confinement (punitive)
• Room confinement, including isolation or
administrative confinement, shall not exceed 5
consecutive days. 6 VA. ADMIN. CODE § 35101-1100(F) (current through April 20, 2015).
• Superintendent or designee must be notified if
confinement exceeds 24 hours. Id. at § 35101-1100(D).
• Director or designee must be notified if
confinement exceeds 72 hours. Id.at § 35101-1100(E).
• A disciplinary report shall be completed when
it is alleged that a resident has violated a rule
of conduct for which room confinement may
be imposed as a sanction. Id. at § 35-1011080(B).
Resident may be placed in his or her room for a
“cooling off” period not to exceed 60 minutes
without need for disciplinary report. Id.

Washington

A juvenile may be confined for punitive reasons.
Washington uses both punitive and non-punitive
room confinement.
Room Confinement (punitive):
• Room confinement may be used as a
consequence for maladaptive or negative
behavior. WASHINGTON JUVENILE REHAB.
ADMIN. POLICY 22, Assigning Isolation and
Room Confinement at (II)(4) (Mar. 20, 2014).
• Staff may confine a juvenile for up to an hour,
upon their discretion. Id. at (II)(33).
• Juvenile may be placed in room confinement
beyond one hour for:
− Attempted escape/assisting in an
escape,
− Repeated violation of rules,
− Repeated refusal to follow staff
directives,
− Illegal behavior, and

66

Punitive confinement
allowed.
Punitive confinement
allowed for up to five
consecutive days.
By regulation

Punitive confinement
allowed.
Punitive room
confinement allowed up
to 72 hours;
“programmed room
confinement” in which
juvenile is confined for
only half of waking
hours, is allowed up to
14 days (or longer with
approval of the division
director).
Staff must periodically
assess and remove youth
from non-punitive
confinement (isolation)
when the purposes of
confinement have been
met; longer periods of

•

•

•

− Any reason for which isolation is
allowed.
Id. at 22(II)(34).
Youth must be provided with an opportunity
to respond to charges for confinement beyond
one hour. Id. at 22(II)(35).
Supervisory staff must review cumulative
room confinement beyond 5 hours during one
day. Id. at 22(II)(37).
A Superintendent, regional administrator, or
administrative officer may extend room
confinement up to 72 hours. Id. at
22(II)(36(2).

Programmed Room Confinement (punitive):
• Imposed on a youth who has become a serious
management problem due to repeated escape
attempts or rule violations. Id. at 22(II)(38).
• Youth must not spend more than half of their
waking hours on programmed room
confinement. Id. at 22(II)(41).
• Superintendent, regional administrator or
designee must approve initial confinement (up
to 7 days), and may approve additional
confinement up to 14 days.
Id. at 22(II)(43)-(44).
• Division director must approve confinement
beyond 14 days. Id. at 22(II)(44.1).
Isolation (non-punitive):
• May be used when youth presents (1) an
immediate threat of harm to self, others or
property; (2) an immediate escape threat; or
(3) a continuing disturbance disruptive to
sleep or programming of other residents. Id.
at (II)(17).
• Staff must remove youth from isolation when
the purposes of confinement have been met.
Id. at (II)(3).
• Residents in isolation must be reviewed
periodically to assess readiness for release.
Longer periods of isolation are reviewed by
higher-level administrative staff. Id. at
(II)(20).

67

isolation are reviewed
by higher-level
administrative staff.
By policy

Confinement Conditions:
• Youth placed in isolation or room
confinement must have access to a minimum
of 1 hour of supervised release time every 24
hours, including the opportunity for physical
exercise. Id. at (II)(11.6).
• Youth has right to regular visitation,
telephone calls, and mail. Id. at (II)(11.7).
• Youth must have access to reading and
writing material. Id. at (II)(11.11), (12).
• Youth must be visually observed at least
every 30 minutes. Id. at (II)(14).
• Staff will attempt to provide youth with
counseling at least once a day. Id. at (II)(15).
Washington
D.C.

A juvenile may be not confined for punitive
reasons.

No punitive
confinement allowed

Non-punitive administrative segregation is
allowed at secure juvenile institutions.
D.C. MUN. REGS. Tit. 28, § 521 (current through
June 5, 2015).

Non-punitive
confinement allowed up
to three days without a
hearing when youth
poses risk to self/others
or is an escape risk.

Section 521.4 provides that before a resident is
placed in any cell of the maximum security
facility, or in a control cell of the central facility,
or a control center at Youth Center II, there shall
be a finding made that:
(a) There is a clear and present threat to the
safety of the resident;
(b) The resident poses a clear and present threat
to the safety of others; or
(c) The resident poses a definite escape risk.
See also §531.2 (Administrative Segregation
Prior to a Hearing).
Section 521.5 further provides, “In order to place a
resident in the adjustment unit of Youth Center I,
there shall be a finding that the resident poses a
clear and present danger to the safety of others or
is a definite escape risk.”
Limitations on Administrative Segregation
• No resident shall be held in administrative
segregation for more than 3 days without a
hearing. Id. at §§ 521.7 and 531.11.
• A resident shall be provided with at least 2
68

By regulation

•

West Virginia

hours per week out-of-cell recreation while
placed in administrative segregation, provided
that recreation may be restricted because of
extraordinary safety and security risks. Id. at
§ 521.8.
A resident in administrative segregation is
also entitled to visitation 1 hour per day, 5
days a week, reading material, work
assignments, educational programming
(except for residents held in pre-hearing
administrative segregation), and other rights,
provided they do not pose an extraordinary
safety or security risk. Id. at § 521.9.

By statute, solitary confinement may not be used
as punishment, however by court order and policy,
punitive confinement is permitted up to ten (10)
days.
W. Va. Code Ann. § 49-4-721 (effective May 17,
2015); WEST VIRGINIA DIV. OF JUVENILE SERVS.
POLICY 330.00 (Oct. 9, 2014).

Punitive confinement
allowed.

Room confinement can
never exceed 10
consecutive days; can be
imposed for up to 3 days
per offense after a due
In 2012, a lawsuit was filed against West
process hearing; a
Virginia’s Division of Juvenile Services alleging
violent offense can incur
that juveniles at the West Virginia Industrial Home up to 10 days
for Youth in Salem were using extended periods of confinement.
isolation as a sanction and confining residents to
their rooms as a matter of routine. The court
By statute and consent
found that the facility was in violation of state law decree
and imposed various limits on the use of room
confinement:
• All instances of room confinement shall be
documented.
• Youth in confinement shall have daily access
to large muscle exercise, education, and a
nurse or mental health clinician.
• If a youth is not in control, “time-outs” may
be used for a brief period not to exceed 4
hours. Timeouts lasting more than 4 hours
must be approved by the
superintendent/facility director, but in no case
shall exceed 8 hours.
• Room confinement imposed as a consequence
for a rule violation shall last no longer than 3
days.
• Room confinement shall only occur after a

69

due process hearing.
Administrative segregation may be used up 10
days, but may be extended with proper
authorization.
State ex rel. D.L. and K.P. v. Humphreys, No. 12misc-312 (Cir. Ct. W. Va. Nov. 27, 2012) (order
implementing general policies re: confinement
and programming).

•

The Division of Juvenile Services’ current
discipline policy dated October 9, 2014, reflects
the Court’s 2012 and 2013 Orders.
• Room confinement may be imposed up to 3
days per offense.
• A violent offense can incur up to 10 days of
room confinement, however confinement may
never exceed 10 consecutive days.
WEST VIRGINIA DIV. OF JUVENILE SERVS. POLICY
330.00 (Oct. 9, 2014).
Wisconsin

A juvenile may be confined for punitive reasons.
Wisconsin permits two forms of confinement:
• Close confinement – restriction to the youth’s
room with a minimum of 1 hour out-of-room
per day.
• Modified confinement – restriction to the
youth’s room with a minimum of 4 hours of
out-of-room per day.
WIS. ADMIN. CODE DOC § 373.03(3 and 22)
(current through April 27, 2015).
Wisconsin has two types of correctional facilities:
• Juvenile correctional facilities are long-term
facilities for holding delinquent youth;
• Juvenile detention facilities are for secure,
temporary holding of juveniles.
WIS. STAT. ANN. § 938.02 (West current through
May 21, 2015).
Juvenile Correctional Facilities
In a type 1 secured juvenile correctional facility,
penalties for major conduct rule violations may
include:
• Up to 3 days of close confinement and 40
days of modified confinement for first
violation within 60 days. WIS. ADMIN. CODE

70

Punitive confinement
allowed.
Youth in long-term
facilities may be placed
in close confinement (1
hour a day out of cell)
for up to 6 days and
modified confinement (4
hours a day out of cell)
for up to 60 days. A
hearing is required.
Youth in detention
facilities may also be
placed in cell
confinement (no time
limit specified);
confinement over 6
hours requires a hearing.
By regulation

•

•

•
•

DOC § 373.80(3).
Up to 4 days of close confinement and 50
days of modified confinement for second
violation within 60 days. Id.
Up to 6 days of close confinement and 60
days of modified confinement for third
violation within 60 days. Id.
Major conduct rule violations are specified in
§ 373.11.
Disciplinary hearing required for youth
alleged to have committed major rule
violation. Id. at § 373.73. Procedures for
disciplinary hearings in type 1 secured
juvenile correctional facilities are described in
§ 373.73.

Youth may also be disciplined summarily for a
minor conduct rule violation and placed in room
confinement for up to 10 hours. Id. at §
373.68(10).
Juvenile Detention Facilities
• In a juvenile detention facility, a juvenile may
be placed in “cell confinement” as a form of
discipline. Id. at § 346.47(5)(a).
• Cell confinement over 6 hours requires a
disciplinary hearing. Id.
• Procedures for disciplinary hearings in
juvenile detention facilities are specified in §
346.48.
Wyoming

A juvenile may be confined for punitive reasons.
Wyoming’s statute regarding secure juvenile
detention facilities direct that sheriffs, in
consultation with other operators of juvenile
detention facilities, shall develop and implement
uniform standards for secure juvenile detention
facilities, but do not provide any guidance as to
what those standards should include.
WYO. STAT. ANN. § 14-4-117 (Mar. 31, 2013).
Those standards permit “extended periods of
punitive isolation” as a penalty for a major
disciplinary action.
STATE OF WYOMING JUVENILE DETENTION
STANDARDS at JUV.11.10 (adopted Nov. 12,

71

Punitive confinement
allowed.
Permits “extended
periods of punitive
isolation,” with no
apparent time limit.
Non-punitive
confinement permitted if
juvenile is a danger to
self/others, or if juvenile
is beyond control and all
other means to control
juvenile have failed.

2012).
In private juvenile detention centers, room/cell
confinement is non-punitive. Juvenile may be
confined if at least one of the following conditions
is met:
• When it is necessary to observe the juvenile
upon intake into the facility, prior to
classification.
• Juvenile is a danger to himself/herself or
others.
• Juvenile is beyond control and all other means
to control the juvenile have failed.
Ch.11. WYO. CODE R. § 9(c) (current through
May 15, 2015) (found within rules for Dep’t of
Family Servs.).
For juveniles placed in room confinement, the
following conditions must be met:
• Juvenile shall be afforded living conditions
and privileges approximating those of general
population.
• Juvenile must have reasons for confinement
explained and be provided an opportunity to
explain behavior.
• Juvenile must be checked visually every 15
minutes.
• Juvenile must be visited at least once a day by
personnel.
• Confinement log shall be maintained.
Id. at ch. 11, § 9(c)(iii) (current through May 10,
2015).

72

By regulation, statute,
and policy

ATTACHMENT 1

JURISDICTIONS PROHIBITING THE USE OF

JURISDICTIONS LIMITING THE AMOUNT OF TIME A

PUNITIVE SOLITARY CONFINEMENT BY LAW
OR PRACTICE IN JUVENILE FACILITIES (21)

JUVENILE MAY SPEND IN PUNITIVE SOLITARY
CONFINEMENT (20)

Alaska
Arizona
Arkansas
Colorado
Connecticut
Illinois (although “behavioral hold,” during which
youth is confined to sleeping room or other area, is
allowed up to 4 hours for major rule violations)

Maine (although punitive “room restriction” is

Maximum
Time
Allowed

Jurisdiction

8 Hours

Delaware (maximum of 6 hours in a 24-hour period)
Idaho (maximum of 8 hours in a 24-hour period)

24 Hours

allowed for up to 30 hours during which juvenile is
permitted to leave cell for programming, visits, and
meals)

Missouri (although regulations permit it, reports
state that confinement is rarely used in practice)

Maryland
Massachusetts
New Hampshire
New Jersey
New Mexico
New York
North Dakota
Oklahoma
Pennsylvania
South Carolina
Utah
Vermont
Washington, D.C.

3 Days

4 Days

5 Days

Iowa
Ohio (24-hour limit on pre-hearing punitive seclusion
in Department of Youth Services facilities; no limit on
punitive confinement in pre-adjudication detention
centers)

Hawaii
Mississippi (cannot exceed 20 hours per day)
Nevada
Rhode Island
Washington

Alabama (8 hours, but can be extended
indefinitely with administrative approval)
Georgia (5 days, but can be extended
indefinitely with administrative approval)
Kansas (30 days, but can be extended
indefinitely with administrative approval)
Kentucky (5 days, but can be extended
indefinitely for highly assaultive youth)
Louisiana (5 days, but can be extended
indefinitely with administrative approval)
Michigan (3 days, but can be extended
indefinitely with administrative approval)
Oregon (prohibits punitive solitary confinement
by statute, but permits unlimited “roomlock” in
sleeping room)
Tennessee
Texas (24 hours, but can be extended indefinitely

Montana

with administrative approval)

Florida
Indiana
Minnesota (5 days per offense)
South Dakota (not counting the time spent in

Wyoming

administrative detention before hearing)

Virginia
California (up to 90 days)
Nebraska (up to 7 days; longer if the offense
involved violence)
More than
5 Days

JURISDICTIONS PLACING NO LIMIT OR
ALLOWING INDEFINITE EXTENSION OF THE
AMOUNT OF TIME A JUVENILE MAY SPEND
IN PUNITIVE SOLITARY CONFINEMENT (10)

North Carolina (72 hour maximum in preadjudication facilities; up to 10 days in certain
facilities)
West Virginia (up to 10 days for violent offense)
Wisconsin (up to 60 days)

ATTACHMENT 2

ATTACHMENT 3

Time Limits on Non-Punitive Solitary Confinement
in States that Prohibit Punitive Solitary Confinement***
No Time Limit**

7

6

Time in Days

5

4

3

2

1

0
AK
*

AZ

AR

CO*

CT

IL*

MD

MA

NH*

NJ*

NM

NY

ND*

OK

PA*

SC

UT*

VT

Irrespective of the time limit, these states provide that the juvenile should be released when he/she regains self-control.

** States designated as having "No Time Limit" include those that allow indefinite extension of a stated limit, as well as those with no limit.
*** Maine and Missouri are not included due to lack of information on their use (if any) of non-punitive confinement.

DC

 

 

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