| 15 | + | SYNOPSIS: |
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| 16 | + | Under existing law, a judge or a juvenile intake |
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| 17 | + | officer may impose restrictions on an allegedly |
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| 18 | + | delinquent child released from custody. These |
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| 19 | + | restrictions may include electronic monitoring. |
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| 20 | + | This bill would authorize the Board of Pardons |
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| 21 | + | and Paroles or any other state agency to provide |
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| 22 | + | electronic monitoring services for an allegedly |
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| 23 | + | delinquent child released subject to electronic |
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| 24 | + | monitoring. |
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| 25 | + | Under existing law, a status offender is an |
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| 26 | + | individual charged with or adjudicated for conduct that |
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| 27 | + | would not be a crime if committed by an adult such as |
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| 28 | + | truancy, violating curfew, running away from home, or |
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| 29 | + | general ungovernability. |
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| 30 | + | This bill would repeal an existing requirement |
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| 31 | + | under which status offenders who violate a valid court |
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| 32 | + | order may not be detained in a juvenile facility for |
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| 33 | + | more than 72 hours within a six-month period. |
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18 | | - | Relating to juveniles; to amend Sections 12-15-128 and |
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19 | | - | 12-15-208, Code of Alabama 1975; to authorize the Board of |
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20 | | - | Pardons and Paroles or other state agency to provide |
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21 | | - | electronic monitoring to children released from custody in |
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22 | | - | certain circumstances; and to revise a requirement under which |
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23 | | - | status offenders who violate a valid court order may be |
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24 | | - | detained in a juvenile facility for up to 72 hours within a |
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25 | | - | six-month period. |
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26 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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27 | | - | Section 1. Section 12-15-128, Code of Alabama 1975, is |
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28 | | - | amended to read as follows: |
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29 | | - | "§12-15-128 |
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30 | | - | (a) An allegedly delinquent child, dependent child, or |
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31 | | - | child in need of supervision lawfully taken into custody shall |
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32 | | - | immediately be released, upon the ascertainment of the |
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33 | | - | necessary facts, to the care, custody, and control of the |
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34 | | - | parent, legal guardian, or legal custodian of the child or |
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35 | | - | other suitable person individual able to provide supervision |
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36 | | - | and care for the child, unless the juvenile court or juvenile |
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37 | | - | court intake officer, subject to the limitations in Section |
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38 | | - | 12-15-208, finds any of the following: |
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| 66 | + | Relating to juveniles; to amend Sections 12-15-128 and |
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| 67 | + | 12-15-208, Code of Alabama 1975; to authorize the Board of |
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| 68 | + | Pardons and Paroles or other state agency to provide |
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| 69 | + | electronic monitoring to children released from custody in |
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| 70 | + | certain circumstances; and to repeal an existing requirement |
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| 71 | + | under which status offenders who violate a valid court order |
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| 72 | + | may be detained in a juvenile facility for up to 72 hours |
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| 73 | + | within a six-month period. |
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| 74 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 75 | + | Section 1. Section 12-15-128, Code of Alabama 1975, is |
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| 76 | + | amended to read as follows: |
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| 77 | + | "§12-15-128 |
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| 78 | + | (a) An allegedly delinquent child, dependent child, or |
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| 79 | + | child in need of supervision lawfully taken into custody shall |
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| 80 | + | immediately be released, upon the ascertainment of the |
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| 81 | + | necessary facts, to the care, custody, and control of the |
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| 82 | + | parent, legal guardian, or legal custodian of the child or |
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| 83 | + | other suitable person individual able to provide supervision |
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| 84 | + | and care for the child, unless the juvenile court or juvenile |
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| 85 | + | court intake officer, subject to the limitations in Section |
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68 | 86 | | 12-15-208, finds any of the following: |
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69 | 87 | | (1) The child has no parent, legal guardian, legal |
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70 | 88 | | custodian, or other suitable person individual able to provide |
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71 | 89 | | supervision and care for the child. |
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72 | 90 | | (2) The release of the child would present a clear and |
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73 | 91 | | substantial threat of a serious nature to the person or |
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74 | 92 | | property of others and where the child is alleged to be |
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75 | 93 | | delinquent. |
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76 | | - | (3) The release of the child would present a serious |
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77 | | - | threat of substantial harm to the child. |
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78 | | - | (4) The child has a history of failing to appear for |
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79 | | - | hearings before the juvenile court. |
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80 | | - | (5) The child is alleged to be delinquent for |
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81 | | - | possessing a pistol, short-barreled rifle, or short-barreled |
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82 | | - | shotgun, in which case the child may be detained in a juvenile |
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83 | | - | detention facility until the hearing required by Section |
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84 | | - | 12-15-207. Pistol as used in this section shall be as defined |
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85 | | - | in subdivision (1) of Section 13A-11-70. Short-barreled rifle |
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86 | | - | and short-barreled shotgun as used in this section shall be as |
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87 | | - | defined in Section 13A-11-62. |
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88 | | - | (b) The criteria for continuing the allegedly |
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89 | | - | delinquent child or child in need of supervision in detention |
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90 | | - | or shelter or other care, or for continuing the allegedly |
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91 | | - | dependent child in shelter or other care, as set forth |
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92 | | - | provided in subsection (a) shall govern the decisions of all |
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93 | | - | persons involved in determining whether the continued |
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94 | | - | detention or shelter care is warranted pending juvenile court |
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95 | | - | disposition and those criteria shall be supported by clear and |
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96 | | - | convincing evidence in support of the decision not to release |
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| 123 | + | delinquent. |
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| 124 | + | (3) The release of the child would present a serious |
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| 125 | + | threat of substantial harm to the child. |
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| 126 | + | (4) The child has a history of failing to appear for |
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| 127 | + | hearings before the juvenile court. |
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| 128 | + | (5) The child is alleged to be delinquent for |
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| 129 | + | possessing a pistol, short-barreled rifle, or short-barreled |
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| 130 | + | shotgun, in which case the child may be detained in a juvenile |
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| 131 | + | detention facility until the hearing required by Section |
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| 132 | + | 12-15-207. Pistol as used in this section shall be as defined |
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| 133 | + | in subdivision (1) of Section 13A-11-70. Short-barreled rifle |
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| 134 | + | and short-barreled shotgun as used in this section shall be as |
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| 135 | + | defined in Section 13A-11-62. |
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| 136 | + | (b) The criteria for continuing the allegedly |
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| 137 | + | delinquent child or child in need of supervision in detention |
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| 138 | + | or shelter or other care, or for continuing the allegedly |
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| 139 | + | dependent child in shelter or other care, as set forth |
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| 140 | + | provided in subsection (a) shall govern the decisions of all |
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| 141 | + | persons involved in determining whether the continued |
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| 142 | + | detention or shelter care is warranted pending juvenile court |
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| 143 | + | disposition and those criteria shall be supported by clear and |
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126 | 144 | | convincing evidence in support of the decision not to release |
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127 | 145 | | the child. |
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128 | 146 | | (c)(1) In releasing a child, a juvenile court or the |
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129 | 147 | | juvenile court intake officer may impose restrictions on the |
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130 | 148 | | travel, association, or place of abode of the child or place |
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131 | 149 | | the child under the supervision of a department, agency, or |
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132 | 150 | | organization agreeing to supervise him or her, and may place |
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133 | 151 | | the child under supervision such as electronic or telephone |
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134 | | - | monitoring, if available. A child, once placed in detention, |
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135 | | - | may also be released pursuant to the same conditions should |
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136 | | - | there be a need to release the child from a juvenile detention |
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137 | | - | facility because of an overcrowded population. |
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138 | | - | (2) The Board of Pardons and Paroles or any other state |
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139 | | - | agency may provide electronic monitoring services as provided |
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140 | | - | in subdivision (1). " |
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141 | | - | Section 2. Section 12-15-208, Code of Alabama 1975, is |
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142 | | - | amended to read as follows: |
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143 | | - | "§12-15-208 |
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144 | | - | (a) Persons who shall not be detained or confined in |
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145 | | - | secure custody include all of the following: |
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146 | | - | (1) A status offender, except as further provided in |
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147 | | - | this subdivision and subsection (b). |
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148 | | - | a. Short-term secure custody of an accused status |
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149 | | - | offender may be necessary, such as detention in a juvenile |
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150 | | - | detention facility, for a brief period not exceeding 24 hours, |
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151 | | - | prior to formal juvenile court action, for investigative |
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152 | | - | purposes, for identification purposes, or for the purpose of |
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153 | | - | allowing return of a status offender to the parent, legal |
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154 | | - | guardian, or legal custodian. |
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| 181 | + | the child under supervision such as electronic or telephone |
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| 182 | + | monitoring, if available. A child, once placed in detention, |
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| 183 | + | may also be released pursuant to the same conditions should |
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| 184 | + | there be a need to release the child from a juvenile detention |
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| 185 | + | facility because of an overcrowded population. |
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| 186 | + | (2) The Board of Pardons and Paroles or any other state |
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| 187 | + | agency may provide electronic monitoring services as provided |
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| 188 | + | in subdivision (1). " |
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| 189 | + | Section 2. Section 12-15-208, Code of Alabama 1975, is |
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| 190 | + | amended to read as follows: |
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| 191 | + | "§12-15-208 |
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| 192 | + | (a) Persons who shall not be detained or confined in |
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| 193 | + | secure custody include all of the following: |
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| 194 | + | (1) A status offender, except as further provided in |
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| 195 | + | this subdivision and subsection (b). |
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| 196 | + | a. Short-term secure custody of an accused status |
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| 197 | + | offender may be necessary, such as detention in a juvenile |
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| 198 | + | detention facility, for a brief period not exceeding 24 hours, |
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| 199 | + | prior to formal juvenile court action, for investigative |
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| 200 | + | purposes, for identification purposes, or for the purpose of |
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| 201 | + | allowing return of a status offender to the parent, legal |
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184 | 202 | | guardian, or legal custodian. |
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185 | 203 | | b. Detention for a brief period of time pursuant to |
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186 | 204 | | juvenile court authority may be necessary in order to arrange |
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187 | 205 | | for appropriate shelter care placement. If a petition |
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188 | 206 | | regarding an alleged status offender is filed in juvenile |
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189 | 207 | | court and if it is determined that the alleged status offender |
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190 | 208 | | is at imminent risk of being placed in the legal or physical |
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191 | 209 | | custody of the Department of Human Resources, the case shall |
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192 | | - | be referred to the county children's services facilitation |
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193 | | - | team, and the procedures in Article 5 shall be followed. Upon |
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194 | | - | referral to the county children's services facilitation team, |
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195 | | - | the juvenile probation officer shall continue to provide case |
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196 | | - | management to the status offender unless the county children's |
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197 | | - | services facilitation team appoints another person to act as |
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198 | | - | case manager. The juvenile probation officer shall participate |
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199 | | - | in county children's services facilitation team meetings and |
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200 | | - | share records information and reports on the status offender |
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201 | | - | with the county children's services facilitation team. |
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202 | | - | (2) A federal ward who is held beyond 24 hours in |
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203 | | - | secure custody in a state or local juvenile detention facility |
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204 | | - | pursuant to a written contract or agreement with a federal |
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205 | | - | agency and for the specific purpose of affecting a |
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206 | | - | jurisdictional transfer, for appearance as a material witness, |
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207 | | - | or for return to his or her lawful residence or country of |
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208 | | - | citizenship shall be reported as a violation of the |
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209 | | - | deinstitutionalization of status offender requirement. |
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210 | | - | (3) A nonoffender. |
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211 | | - | (4) A child 10 years of age or younger, unless the |
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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 |
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| 240 | + | be referred to the county children's services facilitation |
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| 241 | + | team, and the procedures in Article 5 shall be followed. Upon |
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| 242 | + | referral to the county children's services facilitation team, |
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| 243 | + | the juvenile probation officer shall continue to provide case |
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| 244 | + | management to the status offender unless the county children's |
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| 245 | + | services facilitation team appoints another person to act as |
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| 246 | + | case manager. The juvenile probation officer shall participate |
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| 247 | + | in county children's services facilitation team meetings and |
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| 248 | + | share records information and reports on the status offender |
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| 249 | + | with the county children's services facilitation team. |
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| 250 | + | (2) A federal ward who is held beyond 24 hours in |
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| 251 | + | secure custody in a state or local juvenile detention facility |
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| 252 | + | pursuant to a written contract or agreement with a federal |
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| 253 | + | agency and for the specific purpose of affecting a |
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| 254 | + | jurisdictional transfer, for appearance as a material witness, |
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| 255 | + | or for return to his or her lawful residence or country of |
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| 256 | + | citizenship shall be reported as a violation of the |
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| 257 | + | deinstitutionalization of status offender requirement. |
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| 258 | + | (3) A nonoffender. |
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| 259 | + | (4) A child 10 years of age or younger, unless the |
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242 | 260 | | child is charged with an offense causing death or serious |
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243 | 261 | | bodily injury to a person or an offense that would be |
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244 | 262 | | classified as a Class A felony if committed by an adult. |
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245 | 263 | | (5) A child 11 or 12 years of age, unless: (i) the |
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246 | 264 | | child is charged with an offense causing death or serious |
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247 | 265 | | bodily injury to a person or an offense that would be |
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248 | 266 | | classified as a Class A felony if committed by an adult; or |
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249 | 267 | | (ii) by order of a juvenile court. |
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250 | | - | (b) Persons who may be detained or confined in secure |
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251 | | - | custody include all of the following: |
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252 | | - | (1) A person who violates the federal law that |
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253 | | - | prohibits possession of a handgun by a child under 18 years of |
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254 | | - | age or who violates a similar state or municipal law. A person |
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255 | | - | under this subdivision may be placed in a juvenile detention |
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256 | | - | facility. |
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257 | | - | (2) A person in custody pursuant to the Interstate |
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258 | | - | Compact for Juveniles, contained in Section 44-2-10. A person |
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259 | | - | under this subdivision may be placed in juvenile detention |
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260 | | - | facilities. |
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261 | | - | (3) A status offender who violates a valid court order. |
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262 | | - | a. A status offender who is charged with or has |
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263 | | - | committed a violation of a valid court order may be detained |
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264 | | - | in secure custody in a juvenile detention facility for up to |
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265 | | - | 72 hours in any six-month period for a first violation and up |
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266 | | - | to seven days for a second or subsequent violation upon |
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267 | | - | issuance of a written detention order that complies with 34 |
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268 | | - | U.S.C. § 11133(a)(23)(C)(iii). |
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269 | | - | b. A status offender who violates a valid court order |
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270 | | - | shall not be committed to the Department of Youth Services nor |
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| 297 | + | (ii) by order of a juvenile court. |
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| 298 | + | (b) Persons who may be detained or confined in secure |
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| 299 | + | custody include all of the following: |
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| 300 | + | (1) A person who violates the federal law that |
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| 301 | + | prohibits possession of a handgun by a child under 18 years of |
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| 302 | + | age or who violates a similar state or municipal law. A person |
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| 303 | + | under this subdivision may be placed in a juvenile detention |
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| 304 | + | facility. |
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| 305 | + | (2) A person in custody pursuant to the Interstate |
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| 306 | + | Compact for Juveniles, contained in Section 44-2-10. A person |
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| 307 | + | under this subdivision may be placed in juvenile detention |
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| 308 | + | facilities. |
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| 309 | + | (3) A status offender who violates a valid court order. |
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| 310 | + | a. A status offender who is charged with or has |
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| 311 | + | committed a violation of a valid court order may be detained |
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| 312 | + | in secure custody in a juvenile detention facility for up to |
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| 313 | + | 72 hours in any six-month period. |
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| 314 | + | b.a. A status offender who violates a valid court order |
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303 | 318 | | following actions must occur when a status offender is taken |
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304 | 319 | | into custody for violating a valid court order: |
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305 | 320 | | 1. The juvenile detention facility shall immediately |
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306 | 321 | | notify the juvenile court intake or probation officer that the |
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307 | 322 | | child is being held in secure custody for violating a valid |
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308 | 323 | | court order. The notice shall include the date and time the |
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309 | 324 | | child entered the juvenile detention facility. |
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310 | 325 | | 2. Within the first 24 hours during which a status |
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311 | | - | offender is held in secure custody, not including weekends or |
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312 | | - | holidays, a juvenile court intake or probation officer, or an |
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313 | | - | authorized representative of the department or agency having |
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314 | | - | custody or supervision of the child, shall interview the child |
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315 | | - | in person. |
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316 | | - | 3. Within 48 hours of the admission of the status |
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317 | | - | offender to secure custody, not including weekends or |
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318 | | - | holidays: |
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319 | | - | (i) The individual who interviewed the child shall |
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320 | | - | submit a written assessment report to the juvenile court |
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321 | | - | regarding the immediate needs of the child; and |
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322 | | - | (ii) If the juvenile court has not yet determined |
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323 | | - | whether the child has violated the order, the juvenile court |
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324 | | - | shall conduct a hearing to determine whether there is |
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325 | | - | reasonable cause to believe that the child violated the order |
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326 | | - | and the appropriate placement of the child pending disposition |
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327 | | - | of the alleged violation. |
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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 |
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| 356 | + | offender is held in secure custody, not including weekends or |
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| 357 | + | holidays, a juvenile court intake or probation officer, or an |
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| 358 | + | authorized representative of the department or agency having |
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| 359 | + | custody or supervision of the child, shall interview the child |
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| 360 | + | in person. |
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| 361 | + | 3. Within 48 hours of the admission of the status |
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| 362 | + | offender to secure custody, not including weekends or |
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| 363 | + | holidays: |
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| 364 | + | (i) The individual who interviewed the child shall |
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| 365 | + | submit a written assessment report to the juvenile court |
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| 366 | + | regarding the immediate needs of the child; and |
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| 367 | + | (ii) If the juvenile court has not yet determined |
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| 368 | + | whether the child has violated the order, the juvenile court |
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| 369 | + | shall conduct a hearing to determine whether there is |
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| 370 | + | reasonable cause to believe that the child violated the order |
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| 371 | + | and the appropriate placement of the child pending disposition |
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| 372 | + | of the alleged violation. |
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358 | 373 | | (c) No person under 18 years of age shall be detained |
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359 | 374 | | or confined in any jail or lockup for adults except as |
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360 | 375 | | follows: |
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361 | 376 | | (1) For up to six hours while processing the case of |
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362 | 377 | | the child. |
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363 | 378 | | (2) If the child is transferred for criminal |
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364 | 379 | | prosecution pursuant to Section 12-15-203. |
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365 | 380 | | (3) If the child is charged pursuant to Section |
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366 | 381 | | 12-15-204. |
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367 | 382 | | (d)(1) When a case is transferred to another court for |
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368 | 383 | | criminal prosecution under subdivision (c)(2), the person |
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369 | | - | shall be transferred to the appropriate officer or jail or |
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370 | | - | lockup in accordance with the law governing the detention of |
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371 | | - | the person charged with the crime. A jail or lockup used for |
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372 | | - | holding adults shall not hold a status offender in secure |
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373 | | - | custody at any time. An accused status offender may be |
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374 | | - | detained in a nonsecure area of a jail or lockup for |
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375 | | - | processing while waiting transportation to a nonsecure shelter |
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376 | | - | care facility or a juvenile detention facility or while |
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377 | | - | waiting for release to a parent, legal guardian, or legal |
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378 | | - | custodian. |
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379 | | - | (2) Nothing in this section shall prohibit a circuit |
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380 | | - | court judge exercising criminal jurisdiction from ordering |
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381 | | - | that a child described in subdivision (c)(2) or (3) should be |
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382 | | - | placed in a juvenile detention center instead of an adult jail |
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383 | | - | or lockup. |
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384 | | - | (e)(1) An accused or adjudicated delinquent child or a |
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385 | | - | status offender shall not have contact with adult inmates, |
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386 | | - | including trustees. "Contact" is defined as any physical or |
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| 413 | + | criminal prosecution under subdivision (c)(2), the person |
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| 414 | + | shall be transferred to the appropriate officer or jail or |
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| 415 | + | lockup in accordance with the law governing the detention of |
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| 416 | + | the person charged with the crime. A jail or lockup used for |
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| 417 | + | holding adults shall not hold a status offender in secure |
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| 418 | + | custody at any time. An accused status offender may be |
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| 419 | + | detained in a nonsecure area of a jail or lockup for |
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| 420 | + | processing while waiting transportation to a nonsecure shelter |
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| 421 | + | care facility or a juvenile detention facility or while |
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| 422 | + | waiting for release to a parent, legal guardian, or legal |
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| 423 | + | custodian. |
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| 424 | + | (2) Nothing in this section shall prohibit a circuit |
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| 425 | + | court judge exercising criminal jurisdiction from ordering |
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| 426 | + | that a child described in subdivision (c)(2) or (3) should be |
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| 427 | + | placed in a juvenile detention center instead of an adult jail |
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| 428 | + | or lockup. |
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| 429 | + | (e)(1) An accused or adjudicated delinquent child or a |
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| 430 | + | status offender shall not have contact with adult inmates, |
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416 | 431 | | including trustees. "Contact" is defined as any physical or |
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417 | 432 | | sustained sight and sound contact. "Sight contact" is defined |
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418 | 433 | | as clear visual contact between adult inmates and an accused |
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419 | 434 | | or adjudicated delinquent child or a status offender within |
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420 | 435 | | close proximity to each other. "Sound contact" is defined as |
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421 | 436 | | direct verbal communication between adult inmates and an |
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422 | 437 | | accused or adjudicated delinquent child or a status offender. |
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423 | 438 | | (2) No child shall enter pursuant to public authority, |
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424 | 439 | | for any amount of time, in secure custody in a secure section |
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425 | 440 | | of a jail, lockup, or correctional facility for adults as a |
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426 | 441 | | disposition of an offense or as a means of modifying his or |
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427 | | - | her behavior. |
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428 | | - | (f) Except as provided in this section, in providing |
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429 | | - | detention and shelter or other care for a child referred to or |
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430 | | - | coming under the jurisdiction of the juvenile court, the |
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431 | | - | juvenile court shall only use a facility that has been |
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432 | | - | established, licensed, or approved by the Department of Youth |
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433 | | - | Services or Department of Human Resources for those purposes. |
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434 | | - | (g) Except as provided in this section, the official in |
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435 | | - | charge of a jail or lockup for the detention of adult |
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436 | | - | offenders or persons charged with crimes shall inform the |
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437 | | - | juvenile court immediately when a child, who is or appears to |
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438 | | - | be a child as defined by this chapter, is received at the jail |
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439 | | - | or lockup. Upon request, the official shall deliver the child |
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440 | | - | to the juvenile court or transfer him or her to a juvenile |
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441 | | - | detention facility designated by the juvenile court. |
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442 | | - | (h) The Department of Youth Services shall continue to |
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443 | | - | develop and implement a statewide system of juvenile detention |
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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 |
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| 472 | + | her behavior. |
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| 473 | + | (f) Except as provided in this section, in providing |
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| 474 | + | detention and shelter or other care for a child referred to or |
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| 475 | + | coming under the jurisdiction of the juvenile court, the |
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| 476 | + | juvenile court shall only use a facility that has been |
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| 477 | + | established, licensed, or approved by the Department of Youth |
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| 478 | + | Services or Department of Human Resources for those purposes. |
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| 479 | + | (g) Except as provided in this section, the official in |
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| 480 | + | charge of a jail or lockup for the detention of adult |
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| 481 | + | offenders or persons charged with crimes shall inform the |
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| 482 | + | juvenile court immediately when a child, who is or appears to |
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| 483 | + | be a child as defined by this chapter, is received at the jail |
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| 484 | + | or lockup. Upon request, the official shall deliver the child |
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| 485 | + | to the juvenile court or transfer him or her to a juvenile |
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| 486 | + | detention facility designated by the juvenile court. |
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| 487 | + | (h) The Department of Youth Services shall continue to |
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| 488 | + | develop and implement a statewide system of juvenile detention |
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474 | 489 | | facilities that shall be licensed by the Department of Youth |
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475 | 490 | | Services for the detention of children. |
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476 | 491 | | (i) The Department of Youth Services shall subsidize |
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477 | 492 | | the detention of children in the juvenile detention facilities |
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478 | 493 | | in an amount up to one half the average cost of detention. The |
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479 | 494 | | amount of the subsidy shall depend on the funds appropriated |
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480 | 495 | | by the Legislature to the Department of Youth Services. |
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481 | 496 | | Juvenile detention facilities may contract with the Department |
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482 | 497 | | of Youth Services or other counties for the detention of |
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483 | 498 | | children. |
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484 | 499 | | (j) Any law enforcement officer, at the direction of |
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