§ 62B.215 — Conditions and limitations on use of corrective room restriction by certain facilities for detention or treatment and rehabilitation of children; reporting requirement

1. A child who is detained in a local facility for the detention of children or committed to a regional facility for the treatment and rehabilitation of children may be subjected to corrective room restriction only if all other less-restrictive options have been exhausted and only for the purpose of:
(a) Modifying the negative behavior of the child;
(b) Holding the child accountable for a violation of a rule of the facility; or
(c) Ensuring the safety of the child, staff or others or ensuring the security of the facility.
2. Any action that results in corrective room restriction for more than 2 hours must be documented in writing and approved by a supervisor.
3. A local facility for the detention of children or regional facility for the treatment and rehabilitation of children shall conduct a safety and well-being check on a child subjected to corrective room restriction at least once every 10 minutes while the child is subjected to corrective room restriction.
4. A child may be subjected to corrective room restriction only for the minimum time required to address the negative behavior, rule violation or threat to the safety of the child, staff or others or to the security of the facility, and the child must be returned to the general population of the facility as soon as reasonably possible.
5. A child who is subjected to corrective room restriction for more than 24 hours must be provided:
(a) Not less than 1 hour of out-of-room, large muscle exercise each day, including, without limitation, access to outdoor recreation if weather permits;
(b) Access to the same meals and medical and mental health treatment, the same access to contact with parents or legal guardians, and the same access to legal assistance and educational services as is provided to children in the general population of the facility; and
(c) A review of the corrective room restriction status at least once every 24 hours. If, upon review, the corrective room restriction is continued, the continuation must be documented in writing, including, without limitation, an explanation as to why no other less-restrictive option is available.
6. A local facility for the detention of children or regional facility for the treatment and rehabilitation of children shall not subject a child to corrective room restriction for more than 72 consecutive hours.
7. Each local facility for the detention of children and regional facility for the treatment and rehabilitation of children shall report monthly to the Juvenile Justice Programs Office of the Division of Child and Family Services the number of children who were subjected to corrective room restriction during that month and the length of time that each child was in corrective room restriction. Any incident that resulted in the use of corrective room restriction for 72 consecutive hours must be addressed in the monthly report, and the report must include the reason or reasons any attempt to return the child to the general population of the facility was unsuccessful.
8. As used in this section, “corrective room restriction” means the confinement of a child to his or her room as a disciplinary or protective action and includes, without limitation:
(a) Administrative seclusion;
(b) Behavioral room confinement;
(c) Corrective room rest; and
(d) Room confinement.

Legislative History

(Added to NRS by 2013, 1520 ; A 2017, 4386 )