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ENGROSSED SENATE
BILL NO. 1282 By: Haste of the Senate
and
Lawson of the House
An Act relating to the Oklahoma Juvenile Code;
amending 10A O.S. 20 21, Section 2-3-101, which
relates to detention of a child; requiring Office of
Juvenile Affairs approval of certain screening tool;
conforming language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -3-101, is
amended to read as follows:
Section 2-3-101. A. When a child is taken into custody
pursuant to the provisions of the Oklahoma Juvenile Code, a risk-
assessment screening tool approved by the Off ice of Juvenile Affairs
(OJA) shall be utilized, and the child shall be detained only if it
is necessary to assure the appearance of the child in court or for
the protection of the child or the public.
1. a. No child twelve (12) years of age or younger sha ll be
placed in a juvenile detention facility unless all
alternatives have been exhausted and the child is
currently charged with a crimi nal offense that would
constitute a felony if committed by an adult and it
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has been indicated by a an OJA-approved risk-
assessment screening that the child requires
detention. The detention of any child twelve (12)
years of age or younger shall be judicia lly reviewed
pursuant to subparagraph c of this paragraph.
b. Any child who is thirteen (13) or fourteen (14) years
of age may be admitted to a juvenile detention
facility only after all al ternatives have been
exhausted and the child is currently charged w ith a
criminal offense that would constitute a felony if
committed by an adult and it has been indicated by a
an OJA-approved risk-assessment screening that the
child requires detention.
c. No preadjudicatory or predisposition detention or
custody order shall remain in force and effect for
more than thirty (30) days . The court, for good and
sufficient cause shown, may ext end the effective
period of such an order for an additional period not
to exceed sixty (60) days. If the child is being
detained for the commission of a murder, the court
may, if it is in the best interests of justice, extend
the effective period of such an order an additional
sixty (60) days.
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d. Whenever the court orders a child to be held in a
juvenile detention facility, an order for secure
detention shall remain in force and effect for not
more than fifteen (15) days after such order . Upon an
application of the district attorney and after a
hearing on such application, the court, for good and
sufficient cause shown, may extend the effective
period of such an order for an additional period not
to exceed fifteen (15) days after such hearing . The
total period of preadjudicatory or predisposition
shall not exceed the ninety -day limitation as
specified in subparagraph a of this paragraph. The
child shall be present at the hearing on the
application for extension unless, as authorized and
approved by the court, the attorney for the child is
present at the hearing and the chil d is available to
participate in the hearing via telephone conference
communication. For the purpose of this paragraph,
“telephone conference communication ” means use of a
telephone device that allows all parties , including
the child, to hear and be heard by the other parties
at the hearing. After the hearing, the court may
order continued detention in a juvenile detention
center, may order the child detained in an alternative
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to secure detention or may order the release of the
child from detention.
2. No child alleged or adjudicated to be deprived or in need of
supervision or who is or appears to be a minor in need of treatment
as defined by the Inpatient Mental Health and Substance Ab use
Treatment of Minors Act, shall be confined in any jail, adult
lockup, or adult detention facility. No child shall be transported
or detained in association with criminal, vicious, or dissolute
persons.
3. Except as otherwise authorized by this sectio n, a child who
has been taken into custody as a deprived child, a chil d in need of
supervision, or who appears to be a minor in need of treatment, may
not be placed in any detention facility pending court proceedings,
but must be placed in shelter care or foster care or, with regard to
a child who appears to be a minor in ne ed of treatment, a behavioral
health treatment facility in accordance with the provisions of the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act,
or released to the c ustody of the parents of the child or some other
responsible party. Provided, this shall not preclude runaway
juveniles from other states, with or without delinquent status, to
be held in a detention facility in accordance with the Interstate
Compact for Juveniles in Sections 2 -9-101 through 2-9-116 of this
title and rules promulgated by the Interstate Commission.
B. No child shall be placed in secure detention unless:
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1. The child is an escapee from any delinquent placement;
2. The child is a fugitive from another jurisdiction with a
warrant on a delinquency charge or co nfirmation of delinquency
charges by the home jurisdiction;
3. The child is seriously assaultive or destructive towards
others or self;
4. The child is currently charged with any crimi nal offense
that would constitute a felony if committed by an adult or a
misdemeanor and:
a. is on probation or parole on a prior delinquent
offense,
b. is on preadjudicatory community supervision, or
c. is currently on release status on a prior delinquent
offense;
5. The child has willfully failed or there is reason to bel ieve
that the child will willfully fail to appear for juvenile court
proceedings;
6. A warrant for the child has been issued on the basis that:
a. the child is absent from court -ordered placement
without approval by the court,
b. the child is absent from designated placement by the
Office of Juvenile Affairs without appro val by the
Office of Juvenile Affairs,
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c. there is reason to believe the child will not remain
at said placement, or
d. the child is subject to an administrative transfer or
parole revocation proceeding.
C. A child who has violated a court order and has h ad the order
revoked or modified pursuant to Section 2 -2-503 of this title may be
placed into an Office-of-Juvenile-Affairs-designated OJA-designated
sanction detention bed or an Office-of-Juvenile-Affairs-approved
OJA-approved sanction program.
D. Priority shall be given to the use of juvenile detention
facilities for the detention of juvenile offenders through
provisions requiring the removal from detention of a juvenile with a
lower priority status if an empty detention bed is not available at
the time of referral of a juvenile wi th a higher priority status and
if the juvenile with a higher priority status would be mor e of a
danger to the public than the juvenile with the lower priority
status.
E. Juvenile detention facilities shall be the ini tial placement
for all persons under eighteen (18) years of age . No child shall be
placed in secure detention in an adult jail, adult lockup, adult
detention facility or other adult facility except as provided in
this section.
1. Any child who is at leas t fifteen (15) years of age who is
charged with murder in the first degree may be detained in an adult
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jail, adult lockup, adult detention facility or other adult facility
only after a hearing in wh ich the child is provided representation
and the court makes a written finding that it is in the interest of
justice that the child be placed in an adult jail, adult lockup,
adult detention facility or other adult facility.
2. In determining whether it is in the interest of justice that
a child who is at least f ifteen (15) years of age and who is ch arged
with murder in the first degree be placed in an adult jail, adult
lockup, adult detention facility or other adult facility, the court
shall consider:
a. the age of the child,
b. the physical and mental maturity of the child,
c. the present mental sta te of the child, including
whether the child presents an imminent risk of harm to
the child,
d. the nature and circumstances of the alleged offense,
e. the child’s history of prior delinquent acts,
f. the relative ability of the available adult and
juvenile detention facilities to not only meet the
specific needs of the child but also to protec t the
safety of the public as well as other detained youth,
and
g. any other relevant factors.
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3. If a court determines that it is in the interest of justice
that the child be placed in an adult jail, adult lockup, adult
detention facility or other adult facility:
a. the court shall hold a hearing not less frequently
than once every thirty (30) days, or in the case of a
rural jurisdiction, which is any jurisdiction not
located in a metropolitan statistical area as defined
by the United States Office of Man agement and Budget,
not less frequently than once every forty -five (45)
days, to review whether it is still in the inter est of
justice to permit the juvenile to be so held or have
such sight and sound contact, and
b. the child shall not be held in any adul t jail or
lockup for adults or be permitted to have sight or
sound contact with adult inmates for more than one
hundred eighty (180) days, unless the court, in
writing, determines there is good cause for an
extension or the child expressly waives this
limitation.
F. When a child is placed in an adult jail, adult lockup, adu lt
detention facility or other adult facility, h e or she shall be
afforded the following rights and protections in order to address
the child’s health and safety:
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1. A copy of the child’s most current mental health or suicide
screening instrument approved by the Office of Juvenile Affairs
shall be provided to the adult jail, adult lockup or adult de tention
facility at the time of the child ’s transfer; and
2. Adult jails, adult lockups, adult detention facilities or
other adult facilities shall process req uests for visits and allow
approved visitors contact visits with the child within five (5)
business days of the request.
G. 1. Except as otherwise provided in this section, no child
shall be placed in secure detention i n an adult jail, adult lockup,
adult detention facility or other adult facility unless:
a. the adult jail, adult lockup or adult de tention
facility provides sight and sound separation for
juveniles, pursuant to standards required by
subsection E of Section 2 -3-103 of this title, and
b. the adult jail, adult lockup or adult detention
facility meets the requirements for licensure of
juvenile detention facilities, as adopted by the
Office of Juvenile Affairs, is appropriately licensed,
and provides sight and sound separation for juveniles,
which includes:
(1) total separation between juveniles and adult
facility spatial areas such that th ere could be
no haphazard or accidental contact between
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juvenile and adult residents in th e respective
facilities,
(2) total separation in all juvenile and adul t
program activities within the facilities,
including recreation, education, counseling,
health care, dining, sleeping and general living
activities, and
(3) separate juvenile and adult staff, specifically
direct care staff such as recreation, education
and counseling.
Specialized services staff, such as cooks,
bookkeepers, and medical professionals who are not
normally in contact with detainees or whose infrequent
contacts occur under co nditions of separation of
juveniles and adults can serve both.
2. Nothing in this section shall preclude a child who is
detained for the commission of a crime that w ould constitute a
felony if committed by an adult, or a child who is an escapee from a
juvenile secure facility or from an Office of Juvenile Affairs group
home from being held in any jail certified by the State Department
of Health, police station or simi lar law enforcement offices for up
to six (6) hours for purposes of identification, proces sing or
arranging for transfer to a secure detention or alternative to
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secure detention. Such holding shall be limited to the absolute
minimum time necessary to comp lete these actions.
a. The time limitations for holding a child in a jail for
the purposes of identification, processing or
arranging transfer established by th is section shall
not include the actual travel time requir ed for
transporting a child from a jai l to a juvenile
detention facility or alternative to secure detention.
b. Whenever the time limitations established by this
subsection are exceeded, this circum stance shall not
constitute a defense in a subsequent deli nquency or
criminal proceeding.
3. Nothing in this section shall preclude detaining in a county
jail or other adult detention f acility an eighteen-year-old charged
in a juvenile petition for whom c ertification to stand trial as an
adult is prayed. However, if no certification motion is filed , the
eighteen-year-old may remain in a juvenile detention facility as
long as secure detention is required.
4. Nothing in this section shall preclude detainin g in a county
jail or other adult detention facility a per son provided for in
Section 2-3-102 of this title if written or electronically
transmitted confirmation is received from the sta te seeking return
of the individual that the person is a person provid ed for in
Section 2-3-102 of this title and if, during the time of detention,
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the person is detained in a facility meeting the requirements of
Section 2-3-103 of this title.
5. Nothing in this section shall preclude detaining a person,
whose age is not immediately ascertainable and who is being detained
for the commission of a felony, in a jail cert ified by the State
Department of Health, a police station or similar law enforcement
office for up to twenty-four (24) hours for the purpose of
determining whether or not the person is a child, if:
a. there is a reasonable belief that the person is
eighteen (18) years of age or older,
b. there is a reasonable belief that a felony has been
committed by the person,
c. a court order for such detention is obtained fr om a
judge of the district court within six (6) hours of
initially detaining the person,
d. there is no juvenile detention facility that has space
available for the person and that is wi thin thirty
(30) miles of the jail, police station, or law
enforcement office in which the person is to be
detained, and
e. during the time of detention the person is detained in
a facility meeting the requirements of subparagrap h b
of paragraph 1 of this subsection.
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The time limitation provided for in this paragraph shall i nclude the
time the person is detained prior to the issuan ce of the court
order.
The time limitation provided for in this paragraph shall not include
the actual travel time required for transporting the person to the
jail, police station, or similar law en forcement office. If the
time limitation established by t his paragraph is exceeded, this
circumstance shall not constitute a defense in any subsequent
delinquency or criminal proceeding .
H. Nothing contained in this section shall in any way reduce or
eliminate the liability of a county as otherwise provided by law for
injury or damages resulting fr om the placement of a child i n an
adult jail, adult lockup, adult detention facility or other adult
facility.
I. Any juvenile detention facility shall be avail able for use
by any eligible Indian child as that term is defined by the Oklahoma
Indian Child Welfare Act, providing that the use of the juvenile
detention facility meets the requiremen ts of the Oklahoma Juvenile
Code. The Indian tribe may contract with any juvenile detention
facility for the providing of deten tion services.
J. Each member of the staff of a juvenile detention facility
shall satisfactorily complete a training program pr ovided or
approved by the Office of Juvenile Affairs.
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K. Whenever a juvenile is placed in any adult jail, adult
lockup, adult detention facility or other adult facility, the Office
of Juvenile Affairs shall have access to all facilities which detain
such juveniles and shall have access to any data regarding such
juveniles. The Office of Juvenile Affairs shall have access to all
adult jails, adult lockups, adult detention facilities or other
adult facilities in this state , including all data maintained by
such facilities, to assure compliance with this section . The Board
of Juvenile Affairs shall promulgate rules as necessary to i mplement
the provisions of this sectio n.
SECTION 2. This act shall become effective November 1, 2022.
Passed the Senate the 14th day of March, 2022.
Presiding Officer of the Se nate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives