Commission moves to adopt Title 9 rule changes on jail medication and supervision of female detainees after discussion on trauma safeguards

Commission staff summarized two published rulemaking notices (April 15) proposing amendments to Title 9: an amendment to section 70.10.3 to allow jail health care providers to supply incarcerated individuals with low-risk medication to keep on their person, and amendments to sections 75.04.1 and 75.06.1 to permit supervision of female detainees in lockups by male officers provided certain safeguards are established and to clarify bedding requirements. Staff said one public comment was received in support of the medication change and none were received for the supervision amendments; staff recommended notices of adoption, which would become effective upon publication (dates discussed during the meeting).

A commissioner raised concerns about retraumatization for women with histories of sexual or domestic abuse if male officers supervise them in lockups. The commissioner asked whether male presence would be retraumatizing; staff acknowledged the concern, described existing variance practice limiting male supervision where feasible, and noted that separate recordkeeping and privacy protections would be required. "We focused that a a female should be in the building when supervising a female," a commissioner said, noting prior variances and record review practices.

Following discussion about safeguards, training and potential outreach to DCJS for guidance, motions to adopt the proposed regulatory changes were moved, seconded and voted on during the meeting; the transcript excerpt records that votes were taken.