HB358INTRODUCED
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HB358
SSWI877-1
By Representatives Brinyark, Hill, Woods, Robbins, Tillman,
Sellers, Almond, Collins
RFD: Judiciary
First Read: 27-Feb-25
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6 SSWI877-1 02/26/2025 GP (L)GP 2024-3231
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First Read: 27-Feb-25
SYNOPSIS:
Under existing law, the age of majority is 19
years of age.
Also under existing law, juvenile courts have
original jurisdiction over criminal acts committed by
children under 18 years of age or, in certain
circumstances, under 19 years of age; child in need of
supervision matters and commitments to the State
Department of Mental Health for individuals under 19
years of age; and certain crimes relating to juvenile
delinquency committed by individuals over 18 years of
age.
This bill would provide that juvenile courts
have original jurisdiction over criminal acts committed
by children under the age of majority; child in need or
supervision matters and commitments to the State
Department of Mental health for children who are under
the age of majority; and certain crimes relating to
juvenile delinquency committed by individuals over the
age of majority.
This bill would provide that a child who has not
arrived at the age of majority may not be detained or
confined in any jail or lockup for adults, with
exceptions.
This bill would also delete duplicative language
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This bill would also delete duplicative language
and make nonsubstantive, technical revisions to update
the existing code language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to juvenile courts; to amend Sections
12-15-102, 12-15-114, 12-15-116, 12-15-117, 12-15-207, and
12-15-208, Code of Alabama 1975; to further provide for the
original jurisdiction of juvenile courts; to provide that a
child under the age of majority may not be detained in a
facility for adults, with exceptions; and to make
nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 12-15-102, 12-15-114, 12-15-116,
12-15-117, 12-15-207, and 12-15-208, Code of Alabama 1975, are
amended to read as follows:
"§12-15-102
When used in this chapter, the following words and
phrases terms have the following meanings:
(1) ADULT. An individual 19 years of age or older who
has reached the age of majority as provided in Section 26-1-1 .
(2) AFTERCARE. Conditions and supervision as the
juvenile court orders after release from the Department of
Youth Services.
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Youth Services.
(3) CHILD. An individual under:
a. Under the age of 18 years, or majority as provided
in Section 26-1-1; under
b. Under 21 years of age and before the juvenile court
for a delinquency matter arising before that individual's 18th
birthday, or individual has arrived at the age of majority as
provided in Section 26-1-1; under 19 years of age
c. Under the age of majority as provided in Section
26-1-1 and before the juvenile court for a child in need of
supervision matter or commitment to the State Department of
Mental Health or under 19 years of age ;
d. Under the age of majority as provided in Section
26-1-1 and before the juvenile court for a proceeding
initiated under Section 12-15-115(b)(2) ; or. Where a
delinquency petition alleges that an individual, prior to the
individual's 18th birthday, has committed an offense for which
there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to
the petition, regardless of the age of the individual at the
time of filing.
e. Of any age and before the juvenile court for a
delinquency matter arising before that individual arrived at
the age of majority if the offense has no statute of
limitations pursuant to Section 15-3-5
(4) CHILD IN NEED OF SUPERVISION. A child who has been
adjudicated by a juvenile court for doing any of the following
and who is in need of care, rehabilitation, or supervision:
a. Being subject to the requirement of compulsory
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a. Being subject to the requirement of compulsory
school attendance, is habitually truant from school as defined
by the State Board of Education in the Alabama Administrative
Code. Notwithstanding the foregoing, a child shall not be
found in need of supervision pursuant to this subdivision if
This term does not include a child for whom the juvenile court
determines that the parent, legal guardian, or legal custodian
of the child was solely responsible for the nonattendance of
the child.
b. Disobeys Disobeying the reasonable and lawful
demands of his or her parent, legal guardian, or legal
custodian and is beyond the control of the parent, legal
guardian, or legal custodian.
c. Leaves, or remains Leaving, or remaining away from,
the home without the permission of the parent, legal guardian,
legal custodian, or person individual with whom he or she
resides.
d. Commits Committing an offense established by law but
not classified as criminal.
(5) CHILD'S ATTORNEY. A licensed attorney who provides
legal services for a child , or for a minor in a mental
commitment proceeding, and who owes the same duties of
undivided loyalty, confidentiality, and competent
representation to the child or minor as is due an adult
client.
(6) DELINQUENT ACT. An act committed by a child that is
designated a violation, misdemeanor, or felony offense
pursuant to the law of the municipality, county, or state in
which the act was committed or pursuant to federal law. This
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which the act was committed or pursuant to federal law. This
term shall does not apply to any of the following:
a. An offense Any of the following offenses when
committed by a child 16 or 17 years of age as follows:
1. A nonfelony traffic offense or water safety offense
other than one charged pursuant to Section 32-5A-191 or,
Section 32-5A-191.3, or a municipal ordinance prohibiting the
same conduct.
2. A capital offense.
3. A Class A felony.
4. A felony which that has as an element the use of a
deadly weapon.
5. A felony which that has as an element the causing of
death or serious physical injury.
6. A felony which that has as an element the use of a
dangerous instrument against any person individual who is one
of the following:
(i) A law enforcement officer or official.
(ii) A correctional officer or official.
(iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official.
(v) A district attorney or other prosecuting officer or
official.
(vi) A judge or judicial official.
(vii) A court officer or official.
(viii) A person An individual who is a grand juror,
juror, or witness in any legal proceeding of whatever nature
when the offense stems from, is caused by, or is related to
the role of the person individual as a juror, grand juror, or
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the role of the person individual as a juror, grand juror, or
witness.
(ix) A teacher, principal, or employee of the public
education system of Alabama.
7. Trafficking in drugs in violation of Section
13A-12-231, or as the same may be amended.
8. Any lesser included offense of the offenses in
subparagraphs 1. to 7., inclusive, charged or any lesser
felony offense charged arising from the same facts and
circumstances and committed at the same time as the offenses
listed in subparagraphs 1 . to 7., inclusive.
b. Any criminal act, offense, or violation committed by
a child under the age of 18 years the age of majority as
provided in Section 26-1-1 who has been previously convicted
or adjudicated a youthful offender.
(7) DELINQUENT CHILD. A child who has been adjudicated
for a delinquent act and is in need of care or rehabilitation.
(8) DEPENDENT CHILD. a. A child who has been
adjudicated dependent by a juvenile court and is in need of
care or supervision and meets any of the following
circumstances:
1. Whose parent, legal guardian, legal custodian, or
other custodian subjects the child or any other child in the
household to child abuse, as defined in Section 12-15-301 or
neglect as defined in Section 12-15-301, or allows the child
to be so subjected.
2. Who is without a parent, legal guardian, or legal
custodian willing and able to provide for the care, support,
or education of the child.
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or education of the child.
3. Whose parent, legal guardian, legal custodian, or
other custodian neglects or refuses, when able to do so or
when the service is offered without charge, to provide or
allow medical, surgical, or other care necessary for the
health or well-being of the child.
4. Whose parent, legal guardian, legal custodian, or
other custodian fails, refuses, or neglects to send the child
to school in accordance with the terms of the compulsory
school attendance laws of this state.
5. Whose parent, legal guardian, legal custodian, or
other custodian has abandoned the child, as defined in
subdivision (1) of Section 12-15-301.
6. Whose parent, legal guardian, legal custodian, or
other custodian is unable or unwilling to discharge his or her
responsibilities to and for the child.
7. Who has been placed for care or adoption in
violation of the law.
8. Who, for any other cause, is in need of the care and
protection of the state.
b. The commission of one or more status offenses as
defined in subdivision (4) of Section 12-15-201 is not a
sufficient basis for an adjudication of dependency.
(9) DETENTION. The temporary placement of children
alleged or adjudicated to be delinquent in secure custody as
defined herein pending juvenile court disposition or transfer
to a residential facility for further care of a child
adjudicated delinquent.
(10) GUARDIAN AD LITEM. A licensed attorney appointed
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(10) GUARDIAN AD LITEM. A licensed attorney appointed
by a juvenile court to protect the best interests of an
individual without being bound by the expressed wishes of that
individual.
(11) INTAKE OFFICER. A juvenile probation officer or an
employee of the judicial branch of government , who is neutral
and detached from executive and legislative branch activities ,
and designated by the juvenile court judge to initiate
original delinquency cases, dependency cases, and child in
need of supervision cases, as well as and cases designated in
Section 12-15-132, before the juvenile court. The juvenile
court intake officer shall be appointed a magistrate pursuant
to Rule 18 of the, Alabama Rules of Judicial Administration ,
to issue warrants of arrest for individuals 18 years of age or
older who have arrived at the age of majority as provided in
Section 26-1-1 committing criminal offenses under the
jurisdiction of the juvenile court.
(12) JUVENILE COURT. The juvenile or family court
division of the circuit or district court having jurisdiction
over matters as provided by this chapter.
(13) JUVENILE DETENTION FACILITY. Any facility owned or
operated by the state, any county, or other legal entity
licensed by and contracted with the Department of Youth
Services for the detention of children.
(14) LAW ENFORCEMENT OFFICER. Any person individual,
however denominated, who is authorized by law to exercise the
police powers of the state, a county, or local governments.
(15) LEGAL CUSTODIAN. A parent, person, agency, or
department to whom legal custody of a child under the
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department to whom legal custody of a child under the
jurisdiction of the juvenile court pursuant to this chapter
has been awarded by order of the juvenile court or other court
of competent jurisdiction.
(16) LEGAL CUSTODY. A legal status created by order of
the juvenile court which vests in a legal custodian : (i) the
right to have physical custody of a child under the
jurisdiction of the juvenile court pursuant to this chapter
and; (ii) the right and duty to protect, train, and discipline
the child; and (iii) the right and duty to provide the child
with food, shelter, clothing, education, and medical care, all
subject to the powers, rights, duties, and responsibilities of
the legal guardian of the person of the child and subject to
any residual parental rights and responsibilities. A parent,
person, agency, or department granted legal custody shall
exercise the rights and responsibilities personally, unless
otherwise restricted by the juvenile court.
(17) LEGAL GUARDIAN. A person who has been appointed by
a probate court pursuant to the Alabama Uniform Guardianship
and Protective Proceedings Act, Chapter 2A (commencing with
Section 26-2A-1) of Title 26 to be a guardian of a person an
individual under 19 years of age who has not otherwise had the
disabilities of minority removed. This term does not include a
guardian ad litem as defined in this section .
(18) MINOR. An individual who is under the age of 19
years majority as provided in Section 26-1-1 and who is not a
child within the meaning of this chapter.
(19) PARENT. The legal mother or the legal father of a
child under the jurisdiction of the juvenile court pursuant to
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child under the jurisdiction of the juvenile court pursuant to
this chapter.
(20) PICK-UP ORDER. In any case before the juvenile
court, an order directing any law enforcement officer or other
person individual authorized by this chapter to take a child
into custody and to deliver the child to a place of detention,
shelter, or other care designated by the juvenile court.
(21) PROBATION. The legal status created by order of
the juvenile court following an adjudication of delinquency or
in need of supervision whereby a child is permitted to remain
in a community subject to supervision and return to the
juvenile court for violation of probation at any time during
the period of probation.
(22) RESIDENTIAL FACILITY. A dwelling, other than a
detention or shelter care facility, providing living
accommodations, care, treatment, and maintenance for children,
including, but not limited to, institutions, foster family
homes, group homes, half-way houses, and forestry camps
operated, accredited, or licensed by a federal or state
department or agency.
(23) RESIDUAL PARENTAL RIGHTS AND RESPONSIBILITIES.
Those rights and responsibilities remaining with a parent
after a transfer of legal custody of a child under the
jurisdiction of the juvenile court pursuant to this chapter ,
including, but not necessarily limited to, the right of
visitation, the right to withhold consent to adoption, the
right to determine religious affiliation, and the
responsibility for support, unless determined by order of the
juvenile court not to be in the best interests of the child.
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juvenile court not to be in the best interests of the child.
(24) SECURE CUSTODY. As used with regard to juvenile
detention facilities and the Department of Youth Services,
this term means residential facilities with construction
features designed to physically restrict the movements and
activities of persons individuals in custody such as locked
rooms and buildings , including locked rooms and buildings,
rooms and buildings that contain alarm devices that prevent
departure;, fences;, or other physical structures. This term
does not include facilities where physical restriction of
movement or activity is provided solely through facility
staff.
(25) SHELTER CARE. The temporary care of children in
group homes, foster care, relative placement, or other
nonpenal facilities."
"§12-15-114
(a) A juvenile court shall exercise exclusive original
jurisdiction of juvenile court proceedings in which a child is
alleged to have committed a delinquent act, to be dependent,
or to be in need of supervision. A dependency action shall may
not include a custody dispute between parents. Juvenile cases
before the juvenile court shall be initiated through the
juvenile court intake office pursuant to this chapter.
(b) A juvenile court shall does not have jurisdiction
over any delinquent act committed by an individual before his
or her 18th birthday he or she has arrived at the age of
majority as provided in Section 26-1-1, for which a petition
has not been filed before the individual reaches 21 years of
age, except when the delinquent act is an offense having no
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age, except when the delinquent act is an offense having no
statute of limitation as provided in Section 15-3-5.
(c) A juvenile court shall also exercise exclusive
original jurisdiction over each of the following:
(1) Proceedings pursuant to the Interstate Compact on
Juveniles and the Interstate Compact on Placement of Children
pursuant to Article 2, Chapter 2 of Title 44.
(2) Proceedings for termination of parental rights."
"§12-15-116
(a) A juvenile court shall have exclusive original
jurisdiction to try any individual committing any of the
following offenses while 18 years of age or older after he or
she has arrived at the age of majority as provided in Section
26-1-1:
(1) Contributing to the delinquency, in need of
supervision, or dependency of a child in violation of Section
12-15-111.
(2) Opposing or interfering with a juvenile probation
officer or a representative of the Department of Human
Resources in violation of Section 12-15-112.
(3) Violating any of the confidentiality provisions of
Sections 12-15-133, 12-15-134, 12-15-135, or 12-15-217.
(4) Nonsupport in violation of Section 13A-13-4.
(5) Violating any of the juvenile sex offender
provisions of Section 15-20A-27(b)(1).
(6) Violating any of the provisions of the compulsory
school attendance laws in Section 16-28-12.
(b) All criminal cases before the juvenile court shall
be governed by the laws relating thereto and shall be
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be governed by the laws relating thereto and shall be
initiated by complaint made before a judge or magistrate
according to criminal procedure."
"§12-15-117
(a) Once a child has been adjudicated dependent,
delinquent, or in need of supervision, jurisdiction of the
juvenile court shall terminate when the child becomes 21 years
of age unless, prior thereto, the judge of the juvenile court
terminates its jurisdiction by explicitly stating in a written
order that it is terminating jurisdiction over the case
involving the child. Nothing in this section is intended to
affect the initial and continuing jurisdiction of juvenile
courts over cases other than delinquency, dependency, or in
need of supervision cases as provided in Sections 12-15-114,
12-15-115, 12-15-116, or any other statute by which
jurisdiction was initially lawfully invoked.
(b) The jurisdiction of the juvenile court shall
terminate when the child is convicted or adjudicated a
youthful offender as provided in Section 12-15-203(i) and
Section 12-15-204(b). If a person an individual already under
the jurisdiction of the juvenile court is convicted or
adjudicated a youthful offender in a criminal court of a crime
committed at the age of 18 or older after he or she has
arrived at the age of majority as provided in Section 26-1-1 ,
the conviction or adjudication shall terminate the
jurisdiction of the juvenile court.
(c) In any case over which the juvenile court has
jurisdiction, the juvenile court shall retain jurisdiction
over an individual of any age to enforce or modify any prior
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over an individual of any age to enforce or modify any prior
orders of the juvenile court unless otherwise provided by law
and also shall retain jurisdiction for the enforcement or
modification of any prior orders of the juvenile court
requiring the payment of fines, court costs, restitution, or
other money ordered by the juvenile court until paid in full.
(d) For purposes of enforcing any order of the juvenile
court requiring the payment of fines, court costs,
restitution, or other money ordered by the juvenile court, the
remedies with regard to punishment for contempt, including
incarceration in jail of individuals 18 years of age or older
who have arrived at the age of majority as provided in Section
26-1-1, shall be available to the juvenile court."
"§12-15-207
(a) When a child is not released from detention or
shelter care as provided in Section 12-15-127, a petition
shall must be filed and a hearing held within 72 hours of
placement in detention or shelter care, Saturdays, Sundays,
and holidays included, to determine probable cause and to
determine whether or not continued detention or shelter care
is required.
(b) Notice of the detention or shelter care hearing,
either verbal or written, stating the date, time, place, and
purpose of the hearing and the right to counsel shall be given
by a juvenile probation officer to the parent, legal guardian,
or legal custodian if they can be found and to the child if
the child is over 12 years of age .
(c) At the commencement of the detention or shelter
care hearing, the juvenile court shall advise the parent,
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care hearing, the juvenile court shall advise the parent,
legal guardian, legal custodian, and the parties of the right
to counsel and shall appoint counsel if the juvenile court
determines they are indigent. The parties shall be informed of
the right of the child to remain silent. The parent, legal
guardian, legal custodian, and the parties shall also be
informed of the contents of the petition and, except as
provided herein, shall be given an opportunity to admit or
deny the allegations of the petition. Prior to the acceptance
of an admission of the allegations of the petition, the
juvenile court shall: (1) (i) Verify if the child was
previously convicted or adjudicated a youthful offender
pursuant to Section 12-15-203 or (2); or (ii) rule on any
motion of the prosecutor requesting the juvenile court to
transfer the child for criminal prosecution. The juvenile
court shall may not accept a plea of guilt or an admission to
the allegations of the petition in any case in which the child
will be transferred for prosecution as an adult, either by
grant of the motion of the prosecutor to transfer or pursuant
to Section 12-15-203.
(d) All relevant and material evidence helpful in
determining the need for detention or shelter care may be
admitted by the juvenile court even though not admissible in
subsequent hearings.
(e) If the child is not released and no parent, legal
guardian, or other legal custodian has been notified and none
appeared or waived appearance at the hearing, upon the filing
of an affidavit by the parent, legal guardian, or legal
custodian stating these facts and requesting a hearing, the
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custodian stating these facts and requesting a hearing, the
juvenile court shall rehear the matter within 24 hours
(f) If a person 18 years of age or older an individual
who has arrived at the age of majority as provided in Section
26-1-1 is alleged to have violated a condition of probation or
aftercare after the person individual was adjudicated to be
delinquent, the juvenile court may order that the person
individual be confined in the appropriate jail or lockup for
adults as ordered by the juvenile court."
"§12-15-208
(a) Persons Individuals who shall may not be detained
or confined in secure custody include all of the following:
(1) A status offender, except as further provided in
this subdivision and subsection (b).
a. Short-term secure custody of an accused status
offender may be necessary, such as detention in a juvenile
detention facility, for a brief period not exceeding 24 hours ,
prior to formal juvenile court action , for investigative
purposes, for identification purposes, or for the purpose of
allowing return of a status offender to the parent, legal
guardian, or legal custodian.
b. Detention for a brief period of time pursuant to
juvenile court authority may be necessary in order to arrange
for appropriate shelter care placement. If a petition
regarding an alleged status offender is filed in juvenile
court and if it is determined that the alleged status offender
is at imminent risk of being placed in the legal or physical
custody of the Department of Human Resources, the case shall
be referred to the county children's services facilitation
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be referred to the county children's services facilitation
team, and the procedures in Article 5 shall be followed. Upon
referral to the county children's services facilitation team,
the juvenile probation officer shall continue to provide case
management to the status offender unless the county children's
services facilitation team appoints another person to act as
case manager. The juvenile probation officer shall participate
in county children's services facilitation team meetings and
share records information and reports on the status offender
with the county children's services facilitation team.
(2) A federal ward who is held beyond 24 hours in
secure custody in a state or local juvenile detention facility
pursuant to a written contract or agreement with a federal
agency and for the specific purpose of affecting a
jurisdictional transfer, for appearance as a material witness,
or for return to his or her lawful residence or country of
citizenship shall be reported as a violation of the
deinstitutionalization of status offender requirement.
(3) A nonoffender.
(4) A child 10 years of age or younger , unless the
child is charged with an offense causing death or serious
bodily injury to a person an individual or an offense that
would be classified as a Class A felony if committed by an
adult.
(5) A child 11 or 12 years of age , unless: (i) the
child is charged with an offense causing death or serious
bodily injury to a person an individual or an offense that
would be classified as a Class A felony if committed by an
adult; or (ii) by order of a juvenile court.
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adult; or (ii) by order of a juvenile court.
(b) Persons Individuals who may be detained or confined
in secure custody include all of the following:
(1) A person An individual who violates the federal law
that prohibits possession of a handgun by a child under 18
years of age or who violates a similar state or municipal law.
A person An individual under this subdivision may be placed in
a juvenile detention facility.
(2) A person An individual in custody pursuant to the
Interstate Compact for Juveniles, contained in Section
44-2-10. A person An individual under this subdivision may be
placed in juvenile detention facilities.
(3) A status offender who violates a valid court order.
a. A status offender who is charged with or has
committed a violation of a valid court order may be detained
in secure custody in a juvenile detention facility for up to
72 hours in any six-month period.
b. A status offender who violates a valid court order
shall may not be committed to the Department of Youth Services
nor held in a jail or lockup for adult offenders.
c. For this valid court order exception to apply, the
following actions must occur when a status offender is taken
into custody for violating a valid court order:
1. The juvenile detention facility shall immediately
notify the juvenile court intake or probation officer that the
child is being held in secure custody for violating a valid
court order. The notice shall include the date and time the
child entered the juvenile detention facility.
2. Within the first 24 hours during which a status
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2. Within the first 24 hours during which a status
offender is held in secure custody, not including weekends or
holidays, a juvenile court intake or probation officer, or an
authorized representative of the department or agency having
custody or supervision of the child, shall interview the child
in person.
3. Within 48 hours of the admission of the status
offender to secure custody, not including weekends or
holidays:
(i) The individual who interviewed the child shall
submit a written assessment report to the juvenile court
regarding the immediate needs of the child; and
(ii) If the juvenile court has not yet determined
whether the child has violated the order, the juvenile court
shall conduct a hearing to determine whether there is
reasonable cause to believe that the child violated the order
and the appropriate placement of the child pending disposition
of the alleged violation.
(c) No person under 18 years of age shall individual
who is under the age of majority as provided in Section 26-1-1
may be detained or confined in any jail or lockup for adults
except as follows:
(1) For up to six hours while processing the case of
the child.
(2) If the child is transferred for criminal
prosecution pursuant to Section 12-15-203.
(3) If the child is charged pursuant to Section
12-15-204.
(d)(1) When a case is transferred to another court for
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(d)(1) When a case is transferred to another court for
criminal prosecution under subdivision (c)(2), the person
shall individual must be transferred to the appropriate
officer, or jail, or lockup in accordance with the law
governing the detention of the person individual charged with
the crime. A jail or lockup used for holding adults shall may
not hold a status offender in secure custody at any time. An
accused status offender may be detained in a nonsecure area of
a jail or lockup for processing while waiting transportation
to a nonsecure shelter care facility or a juvenile detention
facility or while waiting for release to a parent, legal
guardian, or legal custodian.
(2) Nothing in this section shall prohibit a circuit
court judge exercising criminal jurisdiction from ordering
that a child described in subdivision (c)(2) or (3) should be
placed in a juvenile detention center instead of an adult jail
or lockup.
(e)(1) An accused or adjudicated delinquent child or a
status offender shall may not have contact with adult inmates,
including trustees. For the purposes of this subsection:
a. The term "contact" means "Contact" is defined as any
physical or sustained sight and sound contact ;. "Sight
contact" is defined as
b. The term "sight contact" means clear visual contact
between adult inmates and an accused or adjudicated delinquent
child or a status offender within close proximity to each
other. "Sound contact" is defined as ; and
c. The term "sound contact" means direct verbal
communication between adult inmates and an accused or
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communication between adult inmates and an accused or
adjudicated delinquent child or a status offender.
(2) No child shall may enter pursuant to public
authority, for any amount of time, in secure custody in a
secure section of a jail, lockup, or correctional facility for
adults as a disposition of an offense or as a means of
modifying his or her behavior.
(f) Except as provided in this section, in providing
detention and shelter or other care for a child referred to or
coming under the jurisdiction of the juvenile court, the
juvenile court shall only use a facility that has been
established, licensed, or approved by the Department of Youth
Services or Department of Human Resources for those purposes.
(g) Except as provided in this section, the official in
charge of a jail or lockup for the detention of adult
offenders or persons individuals charged with crimes shall
inform the juvenile court immediately when a child, who is or
appears to be a child as defined by this chapter, is received
at the jail or lockup. Upon request, the official shall
deliver the child to the juvenile court or transfer him or her
to a juvenile detention facility designated by the juvenile
court.
(h) The Department of Youth Services shall continue to
develop and implement a statewide system of juvenile detention
facilities that shall must be licensed by the Department of
Youth Services for the detention of children.
(i) The Department of Youth Services shall subsidize
the detention of children in the juvenile detention facilities
in an amount up to one half one-half the average cost of
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in an amount up to one half one-half the average cost of
detention. The amount of the subsidy shall depend on the funds
appropriated by the Legislature to the Department of Youth
Services. Juvenile detention facilities may contract with the
Department of Youth Services or other counties for the
detention of children.
(j) Any law enforcement officer, at the direction of
the juvenile court, shall provide security and transportation
services for the juvenile court in transporting children to
and from juvenile detention facilities and the Department of
Youth Services."
Section 2. This act shall become effective on October
1, 2025.
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