Is an adolescent (e.g., age 14) detained in a juvenile detention facility a prisoner?
“Prisoner” is defined by HHS regulations at 45 CFR part 46.303(c) as “any individual involuntarily confined or detained in a penal institution. The term is intended to encompass individuals sentenced to such an institution under a criminal or civil statute, individuals detained in other facilities by virtue of statutes or commitment procedures which provide alternatives to criminal prosecution or incarceration in a penal institution, and individuals detained pending arraignment, trial, or sentencing.” Therefore, an adolescent detained in a juvenile detention facility is classified a prisoner according to the Federal Regulation.
