Chapter 10 - Institutional Facilities and Transfers

Chapter 10 - Institutional Facilities and Transfers

45.1001 Authority-Corrections Bureau.

(a) The Corrections Bureau, through the Department of Public Safety, establishes and operates facilities necessary for the care, education, training, treatment, and rehabilitation of those children legally committed to its custody under 45.0350. The Department of Public Safety insures that adequate funds are available and allocated for these purposes, the facilities may include, but are not limited to:

(1) group care facilities and homes, including half-way houses;

(2) training schools;

(3) conservation camps; and

(4) diagnostic and evaluation centers and receiving centers.

(b) The Bureau cooperates with other governmental units and agencies, including appropriate local units of government, territorial departments and institutions, and agencies of the federal government in order to facilitate the training and rehabilitation of youth.

(c) The compliance with these provisions is reviewed by the American Samoa Criminal Justice Planning Board, the proper education of the children present in a juvenile detention facility, as provided by law.

45.1002 Plans for shelter and detention services.

The Bureau and the Office of Youth Development, with the advice of the American Samoa Criminal Justice Planning Board, develops respective plans for providing detention and shelter facilities, and services for children pending Court action. The plans shall: include projected numbers of children to be served by type of service, including diagnosis, evaluation, and location; recommend the content and scope of detention and shelter services; and set forth the estimated cost of services and facilities which are recommended, including any alterations or remodeling of existing facilities.

45.1003 Receiving centers-Designation.

The Territorial Correctional Facility is designated as the receiving center for delinquent children committed to the Bureau under 45.3050.

45.1004 Juvenile detention services and facilities to be provided by Bureau- Education.

(a) Detention services for temporary care of a child under chapter 2 are provided by the Bureau, which consults on a regular basis with the court concerning the detention program at that facility.

(b) The Department of Education furnishes teachers and any books or equipment needed for the proper education of the children present in the juvenile detention facility, as provided by law.

45.1006 Contracts and agreements with public and private agencies.

(a) The Bureau may enter into agreements or contracts with any governmental unit or agency or private facility cooperating or willing to cooperate in a program to implement the purposes of this chapter. The contracts or agreements may provide, among other things, for the type of work to be performed at a camp or other facility, for the rate of payment for the work, and for other matters relating to the care and treatment of children.

(b) Placement of children by the Bureau in any public or private facility not under the jurisdiction of the Bureau shall not terminate the legal custody of the Bureau.

(c) The Department of Public Safety has the right to inspect all facilities used by it and to examine and consult with persons in its legal custody that have been placed there.

45.1007 Directors-Duties.

(a) The Department of Public Safety is authorized to appoint a Director for each facility established by 45.1001.

(b) It is the duty of the Director of each facility established by 45.1001 to:

(1) report to the Bureau at times and on matters the Bureau requires;

(2) receive, subject to limitations on physical capacity and programs, all children committed to the custody of the Bureau and placed in his care under the provisions of this chapter and to keep them for rehabilitation, education, and training until discharged by law or under the rules of the Bureau or released on parole as provided in 45.1102; and

(3) make a careful and thorough evaluation of every child placed under his care at intervals not greater than 6 months, the evaluation to ascertain whether the child’s program should be modified, whether his transfer to another facility should be recommended to the Director, or whether his release should be recommended to the Juvenile Parole Board.

45.1010 Rules-Academic and vocational courses.

(a) It is the duty of the Bureau to develop and adopt rules necessary for imparting instruction, preserving health, and enforcing discipline of children committed to the Bureau.

(b) The academic courses of study and vocational training and instruction given in the facilities established by 45.1001 shall include those approved and provided by the Department of Education for the instruction of pupils in the primary and secondary schools of the Territory, as provided by law. Full credit shall be given by the Department of Education for completion of any semester, term, or year of study by any child who has earned them.

45.1015 Children committed to the bureau evaluation and placement.

(a) (1) Each child committed to the custody of the Bureau is examined and evaluated by the Bureau prior to institutional placement or other disposition.

(2) A professional psychological and medical examination is completed within 30 days. The Bureau determines by rule provisions necessary to implement this mandate. To the extent possible and relevant, the evidence, reports, examinations, studies, and other materials utilized in a dispositional hearing conducted under 45.0345 are also utilized. The provisions of this paragraph apply to examination and evaluation conducted under subsection (a) of 45.1020.

(b) Each child is then placed by the Bureau in the appropriate Territorial institution or facility, released on parole, or placed as provided in 45.1006 and 45.1025, as indicated by the examination and evaluation and the limitations on physical capacity or programs at the respective Territorial institutions and facilities.

(c) When the Bureau determines that child requires placement in a facility for the mentally ill or developmentally disabled, it places the child in the appropriate facility in which the child has been placed.

45.1020 Children committed to the bureau-Transfers.

(a) The Bureau may transfer any child committed under 45.0350 among the facilities established under 45.1001; except that before child is transferred, he is examined and evaluated, and the evaluation is reviewed by the bureau before it approves the transfer.

(b) When the Bureau finds that the welfare and protection of a child or of others requires the child’s immediate transfer to another facility, it makes the transfer prior to having the child examined and evaluated.

(c) (1) Any child committed under 45.0350 may be transferred temporarily to any Territorial facility of the Lyndon B. Johnson Tropical Medical Center for the purposes of diagnosis evaluation or emergency treatment. The period of temporary transfer shall not exceed 60 days.

(2) When the Bureau determines that a child committed under 45.0350 requires transfer of more than 60 days to a facility for the mentally ill or developmentally disabled, it transfers the child to the appropriate facility and immediately petitions the Court for a commitment to the facility in which the child has been placed.

45.1025 Length of placement.

Institutional placement under this chapter shall not exceed 2 years for children committed under 45.0350 except as provided in paragraphs (b)(2) to (b)(4) of 45.0360.

45.1026 Runaways-Penalties.

Every person who aids or abets any child committed to the custody of the Bureau under 45.0350 in running away from the facility in whose care he has been placed, or who knowingly harbors the child, or who aids in abducting him from persons to whose care and service he has been properly committed is guilty, upon conviction, of a class A misdemeanor.