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Deinstitutionalization of Status Offenders  > Non-Secure Custody Requirements Non-Secure Custody Requirements

Federal Regulation, November 1998

A non-secure environment, for the purposes of detention within a secured facility, is defined in terms of freedom of movement from the facility. The juvenile cannot be detained by hardware or construction fixtures designed to restrict the movement or activities of persons in custody. Non-secure custody means that the juvenile is able to leave the facility at any time.

The following non-secure custody guidelines for juveniles held in law enforcement facilities were established to assist in distinguishing between secure detention and non-secure custody:

  1. The area where the juvenile is placed is an unlocked, multi-purpose location such as a lobby, office or an interview room, which is not designated, set aside, or used as a secure area;
  2. The juvenile is not physically secured to a stationary object;
  3. The use of the area is limited to providing non-secure custody long enough for the purposes of identification, processing, release or transfer;
  4. The area(s) is/are not designated or intended to be used for residential purposes; and
  5. Continual, visual supervision is provided by an officer or facility staff.