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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1648 By: Howard
AS INTRODUCED
An Act relating to the Oklahoma Juvenile Code;
amending 10A O.S. 2021, Section 2 -3-101, which
relates to conditions of detention of chil d;
modifying requirements for certain court order; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S . 2021, Section 2-3-101, is
amended to read as fol lows:
Section 2-3-101. A. When a child is taken into custody
pursuant to the provisions of the Oklahoma Juvenile Code, 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 o r the
public.
1. a. No child twelve (12) years of age or younger shall be
placed in a juvenile detention facility unless all
alternatives have been exhau sted and the child is
currently charged with a crimin al offense that would
constitute a felony if commi tted by an adult and it
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has been indicated by a risk -assessment screening that
the child requires detention . The detention of any
child twelve (12) year s of age or younger shall be
judicially 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 alternatives have been
exhausted and the child is currently charged with a
criminal offense that would constitute a felony if
committed by an adult and it has been indicated by a
risk-assessment screening that the c hild 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 extend 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 cour t
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 , juvenile
delinquent, or youthful offender to be held in a
juvenile detention facil ity, 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 add itional 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 hearin g 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 child is available to
participate in the hearing vi a 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 th e other parties
at the hearing. After the hearing, the court may
order continued detention in a juve nile detention
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center, may order the child detained in an alternative
to secure detention or may order the release of the
child from detention.
2. No child alleged or adjudicated to be deprived o r in need of
supervision or who is or appears to be a minor in need of treatment
as defined by the Inpatient M ental 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, v icious, or dissolute
persons.
3. Except as otherwise authorized by this section a child who
has been taken into custody as a deprived child, a child in need of
supervision, or who appears to be a minor in need of treatment, may
not be placed in any detent ion facility pending court proceedings,
but must be placed in shelter care or f oster care or, with regard to
a child who appears to be a minor in need of t reatment, 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 custody 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 promulg ated by the Interstate Commission.
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B. No child shall be placed in secure detention unless:
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 confirmation of delinquency
charges by the home j urisdiction;
3. The child is seriously assaultive or destruc tive towards
others or self;
4. The child is currently charged with any crimin al offense
that would constitute a felony if committed by an adult or a
misdemeanor and:
a. is on probation or pa role on a prior delinquent
offense,
b. is on preadjudicatory com munity supervision, or
c. is currently on release status on a prior delinquent
offense;
5. The child has willfully failed or there is reason to believe
that the child will willfully fail t o appear for juvenile court
proceedings; or
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 designa ted placement by the
Office of Juvenile Affairs without approval 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 had the order
revoked or modified purs uant to Section 2-2-503 of this title may be
placed into an Office-of-Juvenile-Affairs-designated sanction
detention bed or an Office -of-Juvenile-Affairs-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 with a higher pr iority 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 faci lities shall be the initia l 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 least 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 oth er adult facility
only after a hearing in which the child is provided represent ation
and the court makes a written finding that it is in the interest of
justice that the child b e 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 fi fteen (15) years of age and who is charged
with murder in the first degree be placed in an adult jail, adult
lockup, adult detention facility or other ad ult facility, the court
shall consider:
a. the age of the child,
b. the physical and mental maturity of the child,
c. the present mental state 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 availab le adult and
juvenile detention fa cilities to not only me et the
specific needs of the child but also to protect 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 interes t of justice
that the child be placed in an adult jail, a dult 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 statistic al area as defined
by the United States Office of Management and Budget,
not less frequently than once every forty -five (45)
days, to review whether it is sti ll in the interest of
justice to permit the juvenile to be so held or have
such sight and sound co ntact, and
b. the child shall not be held in any adult 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, adult
detention facility or other adul t facility, he 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, adul t lockup or adult detention
facility at the time of the c hild’s transfer; and
2. Adult jails, adult lockups, adult detention facilities or
other adult facilities shall process requests for visits and allow
approved visitors contact visits with the child w ithin 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 detention
facility provides sight and s ound 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 d etention
facility meets the requirements for licensure of
juvenile detention facilities, as adopte d by the
Office of Juvenile Affairs, is appropriately licensed,
and provides sight and sound separation for juveniles,
which includes:
(1) total separation between j uveniles and adult
facility spatial areas such that there could be
no haphazard or accident al contact between
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juvenile and adult residents in the respective
facilities,
(2) total separation in all juvenile and adult
program activities within the fac ilities,
including recreation, education, counseling,
health care, dining, sleeping and general li ving
activities, and
(3) separate juvenile and adult staff, specifically
direct care staff such as recreation, education
and counseling.
Specialized services staf f, such as cooks,
bookkeepers, and medical professionals who are not
normally in contact with detainees or whose infrequent
contacts occur under conditions of separation of
juveniles and adults can serve both.
2. Nothing in this section shall preclude a child who is
detained for the commissi on of a crime that would 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 similar law enforc ement offices for up
to six (6) hours for purposes of identification, processing 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 complete these actions.
a. The time limitations for holding a child in a jail for
the purposes of identification, processing or
arranging transfer established by this section shall
not include the actu al travel time required for
transporting a child from a jail to a juvenil e
detention facility or alternative to secure detention.
b. Whenever the time limitations established by this
subsection are exceeded, this circumstance shall not
constitute a defense in a subsequent delinquency or
criminal proceeding.
3. Nothing in this section shall preclude detaining in a county
jail or other adult detention facility an eighteen -year-old charged
in a juvenile petition for whom certification to stand trial as an
adult is prayed. However, if no certifica tion 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 detaining in a county
jail or other adult detention facility a person provided for i n
Section 2-3-102 of this title if written or electronica lly
transmitted confirmation is received from the state seeking return
of the individual that the person is a person provided 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 faci lity meeting the requir ements of
Section 2-3-103 of this title.
5. Nothing in this section shall prec lude detaining a person,
whose age is not immediately ascertainable and who i s being detained
for the commission of a fe lony, in a jail certified 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 t he person is
eighteen (18) years o f 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 from a
judge of the district cou rt within six (6) hours of
initially detaining the person,
d. there is no juvenile detention facility t hat has space
available for the person and that is within thirty
(30) miles of the jail, police station, or law
enforcement office in which the person i s to be
detained, and
e. during the time of det ention the person is detained in
a facility meeting the r equirements of subparagrap h b
of paragraph 1 of this subsection.
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The time limitation provided for in this paragraph shall include the
time the person is detained prior to the issuance of the court
order.
The time limitation provided for in this paragraph s hall not include
the actual travel time required for transporting the person to the
jail, police station, or similar law enforcement office . If the
time limitation established by this paragraph is e xceeded, this
circumstance shall n ot 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 from 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 available for use
by any eligible Indian child as that term is defined by the Okl ahoma
Indian Child Welfare Act, pr oviding that the use of the juvenile
detention facility meets the requirements of the Oklahoma Juvenil e
Code. The Indian tribe may contract with any juvenile detention
facility for the providing of detention services.
J. Each member of the staff of a juvenile detention facilit y
shall satisfactorily complete a training program provided or
approved by the Office of Juvenile Affairs.
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K. Whenever a juvenile is placed in a ny adult jail, adult
lockup, adult detention facility or other adult facility, the Office
of Juvenile Affairs s hall have access to all facilities which detain
such juveniles and shall have a ccess to any data regarding such
juveniles. The Office of Juvenil e 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 shal l promulgate rules as necessary to implement
the provisions of this section.
SECTION 2. This act shall become effective November 1, 2024.
59-2-3407 TEK 1/16/2024 11:21:28 AM