Alabama 2025 Regular Session

Alabama House Bill HB199 Compare Versions

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1+HB199INTRODUCED
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33 HB199
4-TNNJ559-2
4+TNNJ559-1
55 By Representative Hendrix
66 RFD: Public Safety and Homeland Security
77 First Read: 05-Feb-25
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12-5 HB199 Engrossed
12+5 TNNJ559-1 02/03/2025 EBO-DHC EBO JT EBO-2025-5
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1414 First Read: 05-Feb-25
15+SYNOPSIS:
16+Under existing law, a judge or a juvenile intake
17+officer may impose restrictions on an allegedly
18+delinquent child released from custody. These
19+restrictions may include electronic monitoring.
20+This bill would authorize the Board of Pardons
21+and Paroles or any other state agency to provide
22+electronic monitoring services for an allegedly
23+delinquent child released subject to electronic
24+monitoring.
25+Under existing law, a status offender is an
26+individual charged with or adjudicated for conduct that
27+would not be a crime if committed by an adult such as
28+truancy, violating curfew, running away from home, or
29+general ungovernability.
30+This bill would repeal an existing requirement
31+under which status offenders who violate a valid court
32+order may not be detained in a juvenile facility for
33+more than 72 hours within a six-month period.
1534 A BILL
1635 TO BE ENTITLED
1736 AN ACT
18-Relating to juveniles; to amend Sections 12-15-128 and
19-12-15-208, Code of Alabama 1975; to authorize the Board of
20-Pardons and Paroles or other state agency to provide
21-electronic monitoring to children released from custody in
22-certain circumstances; and to revise a requirement under which
23-status offenders who violate a valid court order may be
24-detained in a juvenile facility for up to 72 hours within a
25-six-month period.
26-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27-Section 1. Section 12-15-128, Code of Alabama 1975, is
28-amended to read as follows:
29- "§12-15-128
30-(a) An allegedly delinquent child, dependent child, or
31-child in need of supervision lawfully taken into custody shall
32-immediately be released, upon the ascertainment of the
33-necessary facts, to the care, custody, and control of the
34-parent, legal guardian, or legal custodian of the child or
35-other suitable person individual able to provide supervision
36-and care for the child, unless the juvenile court or juvenile
37-court intake officer, subject to the limitations in Section
38-12-15-208, finds any of the following:
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66+Relating to juveniles; to amend Sections 12-15-128 and
67+12-15-208, Code of Alabama 1975; to authorize the Board of
68+Pardons and Paroles or other state agency to provide
69+electronic monitoring to children released from custody in
70+certain circumstances; and to repeal an existing requirement
71+under which status offenders who violate a valid court order
72+may be detained in a juvenile facility for up to 72 hours
73+within a six-month period.
74+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
75+Section 1. Section 12-15-128, Code of Alabama 1975, is
76+amended to read as follows:
77+ "§12-15-128
78+(a) An allegedly delinquent child, dependent child, or
79+child in need of supervision lawfully taken into custody shall
80+immediately be released, upon the ascertainment of the
81+necessary facts, to the care, custody, and control of the
82+parent, legal guardian, or legal custodian of the child or
83+other suitable person individual able to provide supervision
84+and care for the child, unless the juvenile court or juvenile
85+court intake officer, subject to the limitations in Section
6886 12-15-208, finds any of the following:
6987 (1) The child has no parent, legal guardian, legal
7088 custodian, or other suitable person individual able to provide
7189 supervision and care for the child.
7290 (2) The release of the child would present a clear and
7391 substantial threat of a serious nature to the person or
7492 property of others and where the child is alleged to be
7593 delinquent.
76-(3) The release of the child would present a serious
77-threat of substantial harm to the child.
78-(4) The child has a history of failing to appear for
79-hearings before the juvenile court.
80-(5) The child is alleged to be delinquent for
81-possessing a pistol, short-barreled rifle, or short-barreled
82-shotgun, in which case the child may be detained in a juvenile
83-detention facility until the hearing required by Section
84-12-15-207. Pistol as used in this section shall be as defined
85-in subdivision (1) of Section 13A-11-70. Short-barreled rifle
86-and short-barreled shotgun as used in this section shall be as
87-defined in Section 13A-11-62.
88-(b) The criteria for continuing the allegedly
89-delinquent child or child in need of supervision in detention
90-or shelter or other care, or for continuing the allegedly
91-dependent child in shelter or other care, as set forth
92-provided in subsection (a) shall govern the decisions of all
93-persons involved in determining whether the continued
94-detention or shelter care is warranted pending juvenile court
95-disposition and those criteria shall be supported by clear and
96-convincing evidence in support of the decision not to release
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123+delinquent.
124+(3) The release of the child would present a serious
125+threat of substantial harm to the child.
126+(4) The child has a history of failing to appear for
127+hearings before the juvenile court.
128+(5) The child is alleged to be delinquent for
129+possessing a pistol, short-barreled rifle, or short-barreled
130+shotgun, in which case the child may be detained in a juvenile
131+detention facility until the hearing required by Section
132+12-15-207. Pistol as used in this section shall be as defined
133+in subdivision (1) of Section 13A-11-70. Short-barreled rifle
134+and short-barreled shotgun as used in this section shall be as
135+defined in Section 13A-11-62.
136+(b) The criteria for continuing the allegedly
137+delinquent child or child in need of supervision in detention
138+or shelter or other care, or for continuing the allegedly
139+dependent child in shelter or other care, as set forth
140+provided in subsection (a) shall govern the decisions of all
141+persons involved in determining whether the continued
142+detention or shelter care is warranted pending juvenile court
143+disposition and those criteria shall be supported by clear and
126144 convincing evidence in support of the decision not to release
127145 the child.
128146 (c)(1) In releasing a child, a juvenile court or the
129147 juvenile court intake officer may impose restrictions on the
130148 travel, association, or place of abode of the child or place
131149 the child under the supervision of a department, agency, or
132150 organization agreeing to supervise him or her, and may place
133151 the child under supervision such as electronic or telephone
134-monitoring, if available. A child, once placed in detention,
135-may also be released pursuant to the same conditions should
136-there be a need to release the child from a juvenile detention
137-facility because of an overcrowded population.
138-(2) The Board of Pardons and Paroles or any other state
139-agency may provide electronic monitoring services as provided
140-in subdivision (1). "
141-Section 2. Section 12-15-208, Code of Alabama 1975, is
142-amended to read as follows:
143-"§12-15-208
144-(a) Persons who shall not be detained or confined in
145-secure custody include all of the following:
146-(1) A status offender, except as further provided in
147-this subdivision and subsection (b).
148-a. Short-term secure custody of an accused status
149-offender may be necessary, such as detention in a juvenile
150-detention facility, for a brief period not exceeding 24 hours,
151-prior to formal juvenile court action, for investigative
152-purposes, for identification purposes, or for the purpose of
153-allowing return of a status offender to the parent, legal
154-guardian, or legal custodian.
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181+the child under supervision such as electronic or telephone
182+monitoring, if available. A child, once placed in detention,
183+may also be released pursuant to the same conditions should
184+there be a need to release the child from a juvenile detention
185+facility because of an overcrowded population.
186+(2) The Board of Pardons and Paroles or any other state
187+agency may provide electronic monitoring services as provided
188+in subdivision (1). "
189+Section 2. Section 12-15-208, Code of Alabama 1975, is
190+amended to read as follows:
191+"§12-15-208
192+(a) Persons who shall not be detained or confined in
193+secure custody include all of the following:
194+(1) A status offender, except as further provided in
195+this subdivision and subsection (b).
196+a. Short-term secure custody of an accused status
197+offender may be necessary, such as detention in a juvenile
198+detention facility, for a brief period not exceeding 24 hours,
199+prior to formal juvenile court action, for investigative
200+purposes, for identification purposes, or for the purpose of
201+allowing return of a status offender to the parent, legal
184202 guardian, or legal custodian.
185203 b. Detention for a brief period of time pursuant to
186204 juvenile court authority may be necessary in order to arrange
187205 for appropriate shelter care placement. If a petition
188206 regarding an alleged status offender is filed in juvenile
189207 court and if it is determined that the alleged status offender
190208 is at imminent risk of being placed in the legal or physical
191209 custody of the Department of Human Resources, the case shall
192-be referred to the county children's services facilitation
193-team, and the procedures in Article 5 shall be followed. Upon
194-referral to the county children's services facilitation team,
195-the juvenile probation officer shall continue to provide case
196-management to the status offender unless the county children's
197-services facilitation team appoints another person to act as
198-case manager. The juvenile probation officer shall participate
199-in county children's services facilitation team meetings and
200-share records information and reports on the status offender
201-with the county children's services facilitation team.
202-(2) A federal ward who is held beyond 24 hours in
203-secure custody in a state or local juvenile detention facility
204-pursuant to a written contract or agreement with a federal
205-agency and for the specific purpose of affecting a
206-jurisdictional transfer, for appearance as a material witness,
207-or for return to his or her lawful residence or country of
208-citizenship shall be reported as a violation of the
209-deinstitutionalization of status offender requirement.
210-(3) A nonoffender.
211-(4) A child 10 years of age or younger, unless the
212-child is charged with an offense causing death or serious
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239+custody of the Department of Human Resources, the case shall
240+be referred to the county children's services facilitation
241+team, and the procedures in Article 5 shall be followed. Upon
242+referral to the county children's services facilitation team,
243+the juvenile probation officer shall continue to provide case
244+management to the status offender unless the county children's
245+services facilitation team appoints another person to act as
246+case manager. The juvenile probation officer shall participate
247+in county children's services facilitation team meetings and
248+share records information and reports on the status offender
249+with the county children's services facilitation team.
250+(2) A federal ward who is held beyond 24 hours in
251+secure custody in a state or local juvenile detention facility
252+pursuant to a written contract or agreement with a federal
253+agency and for the specific purpose of affecting a
254+jurisdictional transfer, for appearance as a material witness,
255+or for return to his or her lawful residence or country of
256+citizenship shall be reported as a violation of the
257+deinstitutionalization of status offender requirement.
258+(3) A nonoffender.
259+(4) A child 10 years of age or younger, unless the
242260 child is charged with an offense causing death or serious
243261 bodily injury to a person or an offense that would be
244262 classified as a Class A felony if committed by an adult.
245263 (5) A child 11 or 12 years of age, unless: (i) the
246264 child is charged with an offense causing death or serious
247265 bodily injury to a person or an offense that would be
248266 classified as a Class A felony if committed by an adult; or
249267 (ii) by order of a juvenile court.
250-(b) Persons who may be detained or confined in secure
251-custody include all of the following:
252-(1) A person who violates the federal law that
253-prohibits possession of a handgun by a child under 18 years of
254-age or who violates a similar state or municipal law. A person
255-under this subdivision may be placed in a juvenile detention
256-facility.
257-(2) A person in custody pursuant to the Interstate
258-Compact for Juveniles, contained in Section 44-2-10. A person
259-under this subdivision may be placed in juvenile detention
260-facilities.
261-(3) A status offender who violates a valid court order.
262-a. A status offender who is charged with or has
263-committed a violation of a valid court order may be detained
264-in secure custody in a juvenile detention facility for up to
265-72 hours in any six-month period for a first violation and up
266-to seven days for a second or subsequent violation upon
267-issuance of a written detention order that complies with 34
268-U.S.C. § 11133(a)(23)(C)(iii).
269-b. A status offender who violates a valid court order
270-shall not be committed to the Department of Youth Services nor
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297+(ii) by order of a juvenile court.
298+(b) Persons who may be detained or confined in secure
299+custody include all of the following:
300+(1) A person who violates the federal law that
301+prohibits possession of a handgun by a child under 18 years of
302+age or who violates a similar state or municipal law. A person
303+under this subdivision may be placed in a juvenile detention
304+facility.
305+(2) A person in custody pursuant to the Interstate
306+Compact for Juveniles, contained in Section 44-2-10. A person
307+under this subdivision may be placed in juvenile detention
308+facilities.
309+(3) A status offender who violates a valid court order.
310+a. A status offender who is charged with or has
311+committed a violation of a valid court order may be detained
312+in secure custody in a juvenile detention facility for up to
313+72 hours in any six-month period.
314+b.a. A status offender who violates a valid court order
300315 shall not be committed to the Department of Youth Services nor
301316 held in a jail or lockup for adult offenders.
302-c. For this valid court order exception to apply, the
317+c.b. For this valid court order exception to apply, the
303318 following actions must occur when a status offender is taken
304319 into custody for violating a valid court order:
305320 1. The juvenile detention facility shall immediately
306321 notify the juvenile court intake or probation officer that the
307322 child is being held in secure custody for violating a valid
308323 court order. The notice shall include the date and time the
309324 child entered the juvenile detention facility.
310325 2. Within the first 24 hours during which a status
311-offender is held in secure custody, not including weekends or
312-holidays, a juvenile court intake or probation officer, or an
313-authorized representative of the department or agency having
314-custody or supervision of the child, shall interview the child
315-in person.
316-3. Within 48 hours of the admission of the status
317-offender to secure custody, not including weekends or
318-holidays:
319-(i) The individual who interviewed the child shall
320-submit a written assessment report to the juvenile court
321-regarding the immediate needs of the child; and
322-(ii) If the juvenile court has not yet determined
323-whether the child has violated the order, the juvenile court
324-shall conduct a hearing to determine whether there is
325-reasonable cause to believe that the child violated the order
326-and the appropriate placement of the child pending disposition
327-of the alleged violation.
328-(c) No person under 18 years of age shall be detained
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355+2. Within the first 24 hours during which a status
356+offender is held in secure custody, not including weekends or
357+holidays, a juvenile court intake or probation officer, or an
358+authorized representative of the department or agency having
359+custody or supervision of the child, shall interview the child
360+in person.
361+3. Within 48 hours of the admission of the status
362+offender to secure custody, not including weekends or
363+holidays:
364+(i) The individual who interviewed the child shall
365+submit a written assessment report to the juvenile court
366+regarding the immediate needs of the child; and
367+(ii) If the juvenile court has not yet determined
368+whether the child has violated the order, the juvenile court
369+shall conduct a hearing to determine whether there is
370+reasonable cause to believe that the child violated the order
371+and the appropriate placement of the child pending disposition
372+of the alleged violation.
358373 (c) No person under 18 years of age shall be detained
359374 or confined in any jail or lockup for adults except as
360375 follows:
361376 (1) For up to six hours while processing the case of
362377 the child.
363378 (2) If the child is transferred for criminal
364379 prosecution pursuant to Section 12-15-203.
365380 (3) If the child is charged pursuant to Section
366381 12-15-204.
367382 (d)(1) When a case is transferred to another court for
368383 criminal prosecution under subdivision (c)(2), the person
369-shall be transferred to the appropriate officer or jail or
370-lockup in accordance with the law governing the detention of
371-the person charged with the crime. A jail or lockup used for
372-holding adults shall not hold a status offender in secure
373-custody at any time. An accused status offender may be
374-detained in a nonsecure area of a jail or lockup for
375-processing while waiting transportation to a nonsecure shelter
376-care facility or a juvenile detention facility or while
377-waiting for release to a parent, legal guardian, or legal
378-custodian.
379-(2) Nothing in this section shall prohibit a circuit
380-court judge exercising criminal jurisdiction from ordering
381-that a child described in subdivision (c)(2) or (3) should be
382-placed in a juvenile detention center instead of an adult jail
383-or lockup.
384-(e)(1) An accused or adjudicated delinquent child or a
385-status offender shall not have contact with adult inmates,
386-including trustees. "Contact" is defined as any physical or
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413+criminal prosecution under subdivision (c)(2), the person
414+shall be transferred to the appropriate officer or jail or
415+lockup in accordance with the law governing the detention of
416+the person charged with the crime. A jail or lockup used for
417+holding adults shall not hold a status offender in secure
418+custody at any time. An accused status offender may be
419+detained in a nonsecure area of a jail or lockup for
420+processing while waiting transportation to a nonsecure shelter
421+care facility or a juvenile detention facility or while
422+waiting for release to a parent, legal guardian, or legal
423+custodian.
424+(2) Nothing in this section shall prohibit a circuit
425+court judge exercising criminal jurisdiction from ordering
426+that a child described in subdivision (c)(2) or (3) should be
427+placed in a juvenile detention center instead of an adult jail
428+or lockup.
429+(e)(1) An accused or adjudicated delinquent child or a
430+status offender shall not have contact with adult inmates,
416431 including trustees. "Contact" is defined as any physical or
417432 sustained sight and sound contact. "Sight contact" is defined
418433 as clear visual contact between adult inmates and an accused
419434 or adjudicated delinquent child or a status offender within
420435 close proximity to each other. "Sound contact" is defined as
421436 direct verbal communication between adult inmates and an
422437 accused or adjudicated delinquent child or a status offender.
423438 (2) No child shall enter pursuant to public authority,
424439 for any amount of time, in secure custody in a secure section
425440 of a jail, lockup, or correctional facility for adults as a
426441 disposition of an offense or as a means of modifying his or
427-her behavior.
428-(f) Except as provided in this section, in providing
429-detention and shelter or other care for a child referred to or
430-coming under the jurisdiction of the juvenile court, the
431-juvenile court shall only use a facility that has been
432-established, licensed, or approved by the Department of Youth
433-Services or Department of Human Resources for those purposes.
434-(g) Except as provided in this section, the official in
435-charge of a jail or lockup for the detention of adult
436-offenders or persons charged with crimes shall inform the
437-juvenile court immediately when a child, who is or appears to
438-be a child as defined by this chapter, is received at the jail
439-or lockup. Upon request, the official shall deliver the child
440-to the juvenile court or transfer him or her to a juvenile
441-detention facility designated by the juvenile court.
442-(h) The Department of Youth Services shall continue to
443-develop and implement a statewide system of juvenile detention
444-facilities that shall be licensed by the Department of Youth
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471+disposition of an offense or as a means of modifying his or
472+her behavior.
473+(f) Except as provided in this section, in providing
474+detention and shelter or other care for a child referred to or
475+coming under the jurisdiction of the juvenile court, the
476+juvenile court shall only use a facility that has been
477+established, licensed, or approved by the Department of Youth
478+Services or Department of Human Resources for those purposes.
479+(g) Except as provided in this section, the official in
480+charge of a jail or lockup for the detention of adult
481+offenders or persons charged with crimes shall inform the
482+juvenile court immediately when a child, who is or appears to
483+be a child as defined by this chapter, is received at the jail
484+or lockup. Upon request, the official shall deliver the child
485+to the juvenile court or transfer him or her to a juvenile
486+detention facility designated by the juvenile court.
487+(h) The Department of Youth Services shall continue to
488+develop and implement a statewide system of juvenile detention
474489 facilities that shall be licensed by the Department of Youth
475490 Services for the detention of children.
476491 (i) The Department of Youth Services shall subsidize
477492 the detention of children in the juvenile detention facilities
478493 in an amount up to one half the average cost of detention. The
479494 amount of the subsidy shall depend on the funds appropriated
480495 by the Legislature to the Department of Youth Services.
481496 Juvenile detention facilities may contract with the Department
482497 of Youth Services or other counties for the detention of
483498 children.
484499 (j) Any law enforcement officer, at the direction of
485-the juvenile court, shall provide security and transportation
486-services for the juvenile court in transporting children to
487-and from juvenile detention facilities and the Department of
488-Youth Services."
489-Section 3. This act shall become effective on October
490-1, 2025.
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508-1, 2025.
509-House of Representatives
510-Read for the first time and referred
511-to the House of Representatives
512-committee on Public Safety and
513-Homeland Security
514-................05-Feb-25
515-Read for the second time and placed
516-on the calendar:
517- 0 amendments
518-................12-Feb-25
519-Read for the third time and passed
520-as amended
521-Yeas 101
522-Nays 0
523-Abstains 0
524-................18-Feb-25
525-John Treadwell
526-Clerk
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529+(j) Any law enforcement officer, at the direction of
530+the juvenile court, shall provide security and transportation
531+services for the juvenile court in transporting children to
532+and from juvenile detention facilities and the Department of
533+Youth Services."
534+Section 3. This act shall become effective on October
535+1, 2025.
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