39 | 48 | | |
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40 | 49 | | An Act relating to children; defining term; directing |
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41 | 50 | | the court to determine ability to pay; providing that |
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42 | 51 | | the ability to pay shall not impact disposition; |
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43 | 52 | | providing that certain persons shall be relieved of |
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44 | 53 | | debt if certain determination is ma de; providing |
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45 | 54 | | factors court shall consider; providing factors court |
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46 | 55 | | shall not consider; providing for presumption of |
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47 | 56 | | inability to pay; directing court to inform certain |
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48 | 57 | | persons of certain information; directing the court |
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49 | 58 | | to provide cost hearing in certain situation; |
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50 | 59 | | directing that percentage reduction apply to all |
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51 | 60 | | financial obligations; directing court clerk to |
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52 | 61 | | review cases; directing court clerk to notify court |
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53 | 62 | | and set certain hearing in certain situation; |
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54 | 63 | | directing court clerk to issue summons; providing |
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55 | 64 | | information the summons shall contain; amending 10A |
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56 | 65 | | O.S. 2021, Sections 2 -3-101 and 2-3-103, as amended |
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57 | 66 | | by Section 1, Chapter 242, O.S.L. 2022 (10A O.S. |
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58 | 67 | | Supp. 2024, Section 2 -3-103), which relate to the |
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59 | 68 | | Oklahoma Juvenile Code; providing that youth shall |
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60 | 69 | | not be responsible for detention costs; providing |
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61 | 70 | | that no order shall be made requiring certain persons |
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62 | 71 | | to pay expenses; providing for codification; and |
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63 | 72 | | providing an effective date. |
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64 | 73 | | |
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65 | 74 | | |
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66 | 75 | | |
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67 | 76 | | |
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98 | 107 | | A. For purposes of this section, fines, costs, fees, and |
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99 | 108 | | assessments shall include all financial obligations imposed by the |
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100 | 109 | | court or required by law to be paid, excluding restitution or |
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101 | 110 | | payments to be made other than to the court clerk, and shall be |
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102 | 111 | | referred to as financial obligations. |
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103 | 112 | | B. 1. When an order of dis position, imposes court financial |
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104 | 113 | | obligations, as defined by subsection A of this section, upon a |
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105 | 114 | | child, the parents, guardian, custodian, or responsible relative, |
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106 | 115 | | the court at the time of disposition may immediately, or at any |
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107 | 116 | | point thereafter until the d ebt is either paid or waived, determine |
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108 | 117 | | the ability of a child, the parents, guardian, custodian, or |
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109 | 118 | | responsible relative, to pay the court financial obligations. The |
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110 | 119 | | court may make such determinations at a cost hearing or upon written |
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111 | 120 | | motion or affidavit by the child, the parents, guardian, custodian, |
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112 | 121 | | or responsible relative. The ability of the child, the parents, |
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113 | 122 | | guardian, custodian, or responsible relative to pay court financial |
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114 | 123 | | obligations may not impact the disposition. |
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115 | 124 | | 2. A child, the parents, guar dian, custodian, or responsible |
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116 | 125 | | relative with court financial obligations who are found by the court |
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117 | 126 | | to be unable to pay, in whole or in part, shall be relieved of the |
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146 | 156 | | 3. In determining the ability of a child, the parents, |
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147 | 157 | | guardian, custodian, or responsible relative to pay, the court shall |
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148 | 158 | | consider the following factors: |
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149 | 159 | | a. individual and household income, |
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150 | 160 | | b. household living expenses, |
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151 | 161 | | c. number of dependents, |
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152 | 162 | | d. assets, |
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153 | 163 | | e. child support obligations, |
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154 | 164 | | f. physical or mental health conditions that diminish the |
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155 | 165 | | ability to generate income or manage resources, |
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156 | 166 | | g. additional case-related expenses to be paid by the |
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157 | 167 | | child, the parents, guardian, custodian, or |
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158 | 168 | | responsible relative, and |
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159 | 169 | | h. any other factors relevant to the ability of the |
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160 | 170 | | child, the parents, guardian, custodian, or |
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161 | 171 | | responsible relative to pay. |
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162 | 172 | | 4. In determining the ability of a child, the parents, |
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163 | 173 | | guardian, custodian, or responsible relative to pay, the following |
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164 | 174 | | shall not be considered as income or assets: |
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165 | 175 | | a. child support income, |
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196 | 207 | | 5. A child, the parents, guardian, custodian, or responsible |
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197 | 208 | | relative in the following circumstances are presumed unable to pay |
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198 | 209 | | and the court financial obligations shall be waived: |
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199 | 210 | | a. designated as totally disabled by any federal, state, |
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200 | 211 | | or tribal disability services progr am including, but |
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201 | 212 | | not limited to, military disability, Social Security |
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202 | 213 | | Disability Insurance, Supplemental Security Income, or |
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203 | 214 | | tribal disability benefits, |
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204 | 215 | | b. receives support from the Temporary Assistance for |
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205 | 216 | | Needy Families program, Supplemental Nutrition |
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206 | 217 | | Assistance Program, the Special Supplemental Nutrition |
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207 | 218 | | Program for Women, Infants, and Children nutrition |
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208 | 219 | | education and supplemental food program, or any other |
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209 | 220 | | federal need-based financial support, |
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210 | 221 | | c. receives subsidized housing support through the |
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211 | 222 | | Housing Choice Voucher program, the United States |
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212 | 223 | | Department of Housing and Urban Development, or other |
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213 | 224 | | state, local, or federal government housing subsidy |
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214 | 225 | | program, or |
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246 | 258 | | consequences of failing to pay the court financial obligations, and |
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247 | 259 | | that the child, the parents, guardian, custodian, or responsible |
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248 | 260 | | relative may request a cost hearing if at any time he or she is |
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249 | 261 | | unable to pay the court financial obligations, at which point the |
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250 | 262 | | court may waive all or part of the debt owed. If the total amount |
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251 | 263 | | of court financial obligations owed is not available at the time of |
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252 | 264 | | the plea or disposition, the court shall inform the child, the |
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253 | 265 | | parents, guardian, custodian, or responsible relative that court |
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254 | 266 | | financial obligations have been incurred and the time and loc ation |
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255 | 267 | | where the child, the parents, guardian, custodian, or responsible |
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256 | 268 | | relative may learn of the total amount owed. |
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257 | 269 | | 2. The court, including all municipal courts, shall provide a |
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258 | 270 | | cost hearing for the child, the parents, guardian, custodian, or |
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259 | 271 | | responsible relative upon request, either by establishing a |
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260 | 272 | | dedicated docket or on an as -requested basis. A child, the parents, |
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261 | 273 | | guardian, custodian, or responsible relative who requests a cost |
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262 | 274 | | hearing will receive a summons by personal service or by United |
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263 | 275 | | States mail to appear in court as required by subsection D of this |
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264 | 276 | | section. No fees shall be assessed or collected from the child, the |
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295 | 308 | | percentage reduction equally to all fines, costs, fees, and |
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296 | 309 | | assessments, excluding restitution. |
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297 | 310 | | D. 1. The court clerk shall periodically review ca ses to |
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298 | 311 | | determine the cases in which the child, the parents, guardian, |
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299 | 312 | | custodian, or responsible relative has not made any payment towards |
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300 | 313 | | court financial obligations within the previous ninety (90) days. |
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301 | 314 | | 2. Upon identifying cases where no payment has been made within |
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302 | 315 | | the previous ninety (90) days, the clerk shall notify the court |
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303 | 316 | | which shall, within ten (10) days thereafter, set a cost hearing for |
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304 | 317 | | the court to determine if the child, the parents, guardian, |
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305 | 318 | | custodian, or responsible relative is able to pay. The cost hearing |
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306 | 319 | | shall be set within forty -five (45) days of the issuance of the |
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307 | 320 | | summons. The hearing shall be set on a date that shall allow the |
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308 | 321 | | court clerk to issue a summons fourteen (14) days prior to the cost |
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309 | 322 | | hearing. No additional fee shall be as sessed due to the issuance of |
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310 | 323 | | the summons. |
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311 | 324 | | 3. At least fourteen (14) days prior to the cost hearing, the |
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312 | 325 | | court clerk shall issue one summons to the child, the parents, |
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313 | 326 | | guardian, custodian, or responsible relative to be served by United |
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314 | 327 | | States mail to the mailing address of the child, the parents, |
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344 | 358 | | You are ORDERED to appear for a COST HEARING at the above |
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345 | 359 | | specified time, place, and date to determine if you are financially |
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346 | 360 | | able to pay the fines, costs, fees, or assessments or an installment |
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347 | 361 | | due in the above cases. |
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348 | 362 | | YOU MUST BE PRESENT AT THE HEARING. |
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349 | 363 | | At any time before the date of the cost hearing, you may contact |
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350 | 364 | | the court clerk and pay the amount due or request in writing or in |
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351 | 365 | | person prior to the court date, that the hearing be rescheduled for |
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352 | 366 | | up to thirty (30) days after the scheduled time. |
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353 | 367 | | You may consult with counsel prior to your hearing, and you may |
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354 | 368 | | have counsel present at your hearing. |
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355 | 369 | | 4. If the child, the parents, guardian, custodian, or |
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356 | 370 | | responsible relative fails to appear at the scheduled cost hearing, |
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357 | 371 | | no warrant shall be issued based upon the nonappearance. However, |
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358 | 372 | | the court may notify the district attorney of the nonappearance and |
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359 | 373 | | the district attorney may pursue indirect contempt, pursuant to |
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360 | 374 | | Section 567 of Title 21 of the Oklahoma Statutes, against the child, |
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361 | 375 | | the parents, guardian, custodian, or responsible relative based on |
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362 | 376 | | the nonpayment of the court financial obligations. The alleged |
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363 | 377 | | contemnor shall appear at the initial appearance or arraignment. |
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364 | 378 | | Provided, however, that the contemnor shall be released on his or |
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394 | 409 | | reconsidered based on evidence of the contemnor's ability to pay |
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395 | 410 | | admitted at trial. |
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396 | 411 | | SECTION 2. AMENDATORY 10A O.S. 2021, Section 2 -3-101, is |
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397 | 412 | | amended to read as follows: |
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398 | 413 | | Section 2-3-101. A. When a child is taken into custody |
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399 | 414 | | pursuant to the provisions of the Oklahoma Juvenile Code, the child |
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400 | 415 | | shall be detained only if it is necessary to assure the appearance |
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401 | 416 | | of the child in court or for the protection of the chil d or the |
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402 | 417 | | public. |
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403 | 418 | | 1. a. No child twelve (12) years of age or younger shall be |
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404 | 419 | | placed in a juvenile detention facility unless all |
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405 | 420 | | alternatives have been exhausted and the child is |
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406 | 421 | | currently charged with a criminal offense that would |
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407 | 422 | | constitute a felony if co mmitted by an adult and it |
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408 | 423 | | has been indicated by a risk -assessment screening that |
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409 | 424 | | the child requires detention. The detention of any |
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410 | 425 | | child twelve (12) years of age or younger shall be |
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411 | 426 | | judicially reviewed pursuant to subparagraph c of this |
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412 | 427 | | paragraph. |
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413 | 428 | | b. Any child who is thirteen (13) or fourteen (14) years |
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414 | 429 | | of age may be admitted to a juvenile detention |
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444 | 460 | | committed by an adult and it has been indicated by a |
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445 | 461 | | risk-assessment screening that the child requires |
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446 | 462 | | detention. |
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447 | 463 | | c. No preadjudicatory or predisposition detention or |
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448 | 464 | | custody order shall remain in force and effect for |
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449 | 465 | | more than thirty (30) days. The court, for g ood and |
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450 | 466 | | sufficient cause shown, may extend the effective |
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451 | 467 | | period of such an order for an additional period not |
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452 | 468 | | to exceed sixty (60) days. If the child is being |
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453 | 469 | | detained for the commission of a murder, the court |
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454 | 470 | | may, if it is in the best interests of justic e, extend |
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455 | 471 | | the effective period of such an order an additional |
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456 | 472 | | sixty (60) days. |
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457 | 473 | | d. Whenever the court orders a child to be held in a |
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458 | 474 | | juvenile detention facility, an order for secure |
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459 | 475 | | detention shall remain in force and effect for not |
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460 | 476 | | more than fifteen (15) d ays after such order. Upon an |
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461 | 477 | | application of the district attorney and after a |
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462 | 478 | | hearing on such application, the court, for good and |
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463 | 479 | | sufficient cause shown, may extend the effective |
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464 | 480 | | period of such an order for an additional period not |
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494 | 511 | | specified in subparagraph a of this paragraph. The |
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495 | 512 | | child shall be present at the hearing on the |
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496 | 513 | | application for extension unles s, as authorized and |
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497 | 514 | | approved by the court, the attorney for the child is |
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498 | 515 | | present at the hearing and the child is available to |
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499 | 516 | | participate in the hearing via telephone conference |
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500 | 517 | | communication. For the purpose of this paragraph, |
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501 | 518 | | "telephone conference comm unication" means use of a |
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502 | 519 | | telephone device that allows all parties, including |
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503 | 520 | | the child, to hear and be heard by the other parties |
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504 | 521 | | at the hearing. After the hearing, the court may |
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505 | 522 | | order continued detention in a juvenile detention |
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506 | 523 | | center, may order the chi ld detained in an alternative |
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507 | 524 | | to secure detention or may order the release of the |
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508 | 525 | | child from detention. |
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509 | 526 | | e. No detained youth, previously detained youth, or |
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510 | 527 | | parent or guardian of youth shall be responsible for |
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511 | 528 | | detention costs. |
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512 | 529 | | 2. No child alleged or adjudi cated to be deprived or in need of |
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513 | 530 | | supervision or who is or appears to be a minor in need of treatment |
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514 | 531 | | as defined by the Inpatient Mental Health and Substance Abuse |
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543 | 561 | | or detained in association with criminal, vicious, or dissolute |
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544 | 562 | | persons. |
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545 | 563 | | 3. Except as otherwise authorized by this section a child who |
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546 | 564 | | has been taken into custody as a deprived child, a child in need of |
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547 | 565 | | supervision, or who appears to be a minor in need of treatment, may |
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548 | 566 | | not be placed in any detention facility pending court proceedings, |
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549 | 567 | | but must be placed in shelter care or foster care or, with regard to |
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550 | 568 | | a child who appears to be a minor in need of treatment, a behavio ral |
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551 | 569 | | health treatment facility in accordance with the provisions of the |
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552 | 570 | | Inpatient Mental Health and Substance Abuse Treatment of Minors Act, |
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553 | 571 | | or released to the custody of the parents of the child or some other |
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554 | 572 | | responsible party. Provided, this shall not pr eclude runaway |
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555 | 573 | | juveniles from other states, with or without delinquent status, to |
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556 | 574 | | be held in a detention facility in accordance with the Interstate |
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557 | 575 | | Compact for Juveniles in Sections 2 -9-101 through 2-9-116 of this |
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558 | 576 | | title and rules promulgated by the Interst ate Commission. |
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559 | 577 | | B. No child shall be placed in secure detention unless: |
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560 | 578 | | 1. The child is an escapee from any delinquent placement; |
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561 | 579 | | 2. The child is a fugitive from another jurisdiction with a |
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562 | 580 | | warrant on a delinquency charge or confirmation of delinquency |
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563 | 581 | | charges by the home jurisdiction; |
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592 | 611 | | 4. The child is currently charged with any criminal offense |
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593 | 612 | | that would constitute a felony if committed by an adult or a |
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594 | 613 | | misdemeanor and: |
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595 | 614 | | a. is on probation or parole on a prior delinquent |
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596 | 615 | | offense, |
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597 | 616 | | b. is on preadjudicatory community supervision, or |
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598 | 617 | | c. is currently on release status on a prior delinquent |
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599 | 618 | | offense; |
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600 | 619 | | 5. The child has willfully failed or there is reason to believe |
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601 | 620 | | that the child will w illfully fail to appear for juvenile court |
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602 | 621 | | proceedings; |
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603 | 622 | | 6. A warrant for the child has been issued on the basis that: |
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604 | 623 | | a. the child is absent from court -ordered placement |
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605 | 624 | | without approval by the court, |
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606 | 625 | | b. the child is absent from designated placement by th e |
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607 | 626 | | Office of Juvenile Affairs without approval by the |
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608 | 627 | | Office of Juvenile Affairs, |
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609 | 628 | | c. there is reason to believe the child will not remain |
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610 | 629 | | at said placement, or |
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611 | 630 | | d. the child is subject to an administrative transfer or |
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612 | 631 | | parole revocation proceeding. |
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642 | 662 | | detention bed or an Office -of-Juvenile-Affairs-approved sanction |
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643 | 663 | | program. |
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644 | 664 | | D. Priority shall be given to the use of juvenile detention |
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645 | 665 | | facilities for the detention of juvenile offenders through |
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646 | 666 | | provisions requiring the removal from detention of a juvenile with a |
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647 | 667 | | lower priority status if an empty detention bed is not availabl e at |
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648 | 668 | | the time of referral of a juvenile with a higher priority status and |
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649 | 669 | | if the juvenile with a higher priority status would be more of a |
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650 | 670 | | danger to the public than the juvenile with the lower priority |
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651 | 671 | | status. |
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652 | 672 | | E. Juvenile detention facilities shall be the initial placement |
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653 | 673 | | for all persons under eighteen (18) years of age. No child shall be |
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654 | 674 | | placed in secure detention in an adult jail, adult lockup, adult |
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655 | 675 | | detention facility or other adult facility except as provided in |
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656 | 676 | | this section. |
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657 | 677 | | 1. Any child who is at least fifteen (15) years of age who is |
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658 | 678 | | charged with murder in the first degree may be detained in an adult |
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659 | 679 | | jail, adult lockup, adult detention facility or other adult facility |
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660 | 680 | | only after a hearing in which the child is provided representation |
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661 | 681 | | and the court makes a written finding that it is in the interest of |
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692 | 713 | | with murder in the first degree be placed in an adult jail, adult |
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693 | 714 | | lockup, adult detention facility or other adult facility, the court |
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694 | 715 | | shall consider: |
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695 | 716 | | a. the age of the child, |
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696 | 717 | | b. the physical and mental maturi ty of the child, |
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697 | 718 | | c. the present mental state of the child, including |
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698 | 719 | | whether the child presents an imminent risk of harm to |
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699 | 720 | | the child, |
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700 | 721 | | d. the nature and circumstances of the alleged offense, |
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701 | 722 | | e. the child's history of prior delinquent acts, |
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702 | 723 | | f. the relative ability of the available adult and |
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703 | 724 | | juvenile detention facilities to not only meet the |
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704 | 725 | | specific needs of the child but also to protect the |
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705 | 726 | | safety of the public as well as other detained youth, |
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706 | 727 | | and |
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707 | 728 | | g. any other relevant factors. |
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708 | 729 | | 3. If a court determines tha t it is in the interest of justice |
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709 | 730 | | that the child be placed in an adult jail, adult lockup, adult |
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710 | 731 | | detention facility or other adult facility: |
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742 | 764 | | not less frequently than once every forty -five (45) |
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743 | 765 | | days, to review whether it is still in the interest of |
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744 | 766 | | justice to permit the juvenile to be so held or have |
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745 | 767 | | such sight and sound contact, and |
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746 | 768 | | b. the child shall not be held in any adult jail or |
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747 | 769 | | lockup for adults or be permitted to have sight or |
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748 | 770 | | sound contact with adult inmates for more than one |
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749 | 771 | | hundred eighty (180) days, unless the court, in |
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750 | 772 | | writing, determines there is good cause for an |
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751 | 773 | | extension or the child expressly waives this |
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752 | 774 | | limitation. |
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753 | 775 | | F. When a child is placed in an adult jail, adult lockup, adult |
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754 | 776 | | detention facility or other adult facility, he or s he shall be |
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755 | 777 | | afforded the following rights and protections in order to address |
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756 | 778 | | the child's health and safety: |
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757 | 779 | | 1. A copy of the child's most current mental health or suicide |
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758 | 780 | | screening instrument approved by the Office of Juvenile Affairs |
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759 | 781 | | shall be provided to the adult jail, adult lockup or adult detention |
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760 | 782 | | facility at the time of the child's transfer; and |
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791 | 814 | | G. 1. Except as otherwise provided in this section, no child |
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792 | 815 | | shall be placed in secure detention in an adult jail, adult lockup, |
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793 | 816 | | adult detention facility or other adult facility unless: |
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794 | 817 | | a. the adult jail, adult lockup or adult detention |
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795 | 818 | | facility provides sight and sound separation for |
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796 | 819 | | juveniles, pursuant to standards required by |
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797 | 820 | | subsection E of Section 2 -3-103 of this title, and |
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798 | 821 | | b. the adult jail, adult lockup or adult detention |
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799 | 822 | | facility meets the requirements for licensure of |
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800 | 823 | | juvenile detention facilities, as adopted by the |
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801 | 824 | | Office of Juvenile Affairs, is appropriately licensed, |
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802 | 825 | | and provides sight and sound separation for juveniles, |
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803 | 826 | | which includes: |
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804 | 827 | | (1) total separation between juveniles and adult |
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805 | 828 | | facility spatial areas such that there could be |
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806 | 829 | | no haphazard or accidental contact between |
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807 | 830 | | juvenile and adult residents in the respective |
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808 | 831 | | facilities, |
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809 | 832 | | (2) total separation in all juvenile and adult |
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810 | 833 | | program activities within the facilities, |
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840 | 864 | | (3) separate juvenile and adult staff, specifically |
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841 | 865 | | direct care staff such as recreation, education |
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842 | 866 | | and counseling. |
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843 | 867 | | Specialized services staff, such as cook s, |
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844 | 868 | | bookkeepers, and medical professionals who are not |
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845 | 869 | | normally in contact with detainees or whose infrequent |
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846 | 870 | | contacts occur under conditions of separation of |
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847 | 871 | | juveniles and adults can serve both. |
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848 | 872 | | 2. Nothing in this section shall preclude a child who is |
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849 | 873 | | detained for the commission of a crime that would constitute a |
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850 | 874 | | felony if committed by an adult, or a child who is an escapee from a |
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851 | 875 | | juvenile secure facility or from an Office of Juvenile Affairs group |
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852 | 876 | | home from being held in any jail certified by the State De partment |
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853 | 877 | | of Health, police station or similar law enforcement offices for up |
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854 | 878 | | to six (6) hours for purposes of identification, processing or |
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855 | 879 | | arranging for transfer to a secure detention or alternative to |
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856 | 880 | | secure detention. Such holding shall be limited to t he absolute |
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857 | 881 | | minimum time necessary to complete these actions. |
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858 | 882 | | a. The time limitations for holding a child in a jail for |
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859 | 883 | | the purposes of identification, processing or |
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860 | 884 | | arranging transfer established by this section shall |
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890 | 915 | | b. Whenever the time limitations established by this |
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891 | 916 | | subsection are exceeded, this circumstance shall not |
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892 | 917 | | constitute a defense in a subsequent delinquency or |
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893 | 918 | | criminal proceeding. |
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894 | 919 | | 3. Nothing in this section shall preclude detaining in a county |
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895 | 920 | | jail or other adult detention facility an eighteen -year-old charged |
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896 | 921 | | in a juvenile petition for whom certification to stand trial as an |
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897 | 922 | | adult is prayed. Ho wever, if no certification motion is filed, the |
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898 | 923 | | eighteen-year-old may remain in a juvenile detention facility as |
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899 | 924 | | long as secure detention is required. |
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900 | 925 | | 4. Nothing in this section shall preclude detaining in a county |
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901 | 926 | | jail or other adult detention facility a person provided for in |
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902 | 927 | | Section 2-3-102 of this title if written or electronically |
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903 | 928 | | transmitted confirmation is received from the state seeking return |
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904 | 929 | | of the individual that the person is a person provided for in |
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905 | 930 | | Section 2-3-102 of this title and if, during the time of detention, |
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906 | 931 | | the person is detained in a facility meeting the requirements of |
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907 | 932 | | Section 2-3-103 of this title. |
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908 | 933 | | 5. Nothing in this section shall preclude detaining a person, |
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909 | 934 | | whose age is not immediately ascertainable and who is being detained |
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910 | 935 | | for the commission of a felony, in a jail certified by the State |
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940 | 966 | | a. there is a reasonable belief that the person is |
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941 | 967 | | eighteen (18) years of age or older, |
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942 | 968 | | b. there is a reasonable belief that a felony has been |
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943 | 969 | | committed by the person, |
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944 | 970 | | c. a court order for such detention is obtained from a |
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945 | 971 | | judge of the district court within six (6) hours of |
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946 | 972 | | initially detaining the person, |
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947 | 973 | | d. there is no juvenile detention facility that has space |
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948 | 974 | | available for the person and that is within thirty |
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949 | 975 | | (30) miles of the jail, police station, or law |
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950 | 976 | | enforcement office in which the person is to be |
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951 | 977 | | detained, and |
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952 | 978 | | e. during the time of detention the person is detained in |
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953 | 979 | | a facility meeting the requirements of subparagraph b |
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954 | 980 | | of paragraph 1 of this subsection. |
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958 | | - | The time limitation provided for in this paragraph shall not |
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959 | | - | include the actual travel time required for transporting the person |
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960 | | - | to the jail, police station, or similar law enforcement office. If |
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961 | | - | the time limitation established by this paragraph is exceeded, this |
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962 | | - | circumstance shall not constitute a defense in any subsequent |
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963 | | - | delinquency or criminal proceeding . |
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| 984 | + | The time limitation provided for in this paragraph shall not include |
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| 985 | + | the actual travel time required for transporting the person to the |
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| 986 | + | jail, police station, or similar law enforcement office. If the |
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990 | 1017 | | H. Nothing contained in this section shall in any way reduce or |
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991 | 1018 | | eliminate the liability of a county as otherwise provided by law for |
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992 | 1019 | | injury or damages resulting from the placement of a child in an |
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993 | 1020 | | adult jail, adult lockup, adult detention facility or other adult |
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994 | 1021 | | facility. |
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995 | 1022 | | I. Any juvenile detention facility shall be available for use |
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996 | 1023 | | by any eligible Indian child as that term is defined by the Oklahoma |
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997 | 1024 | | Indian Child Welfare Act, providing that the use of the juvenile |
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998 | 1025 | | detention facility meets the requirements of the Oklahoma Juvenile |
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999 | 1026 | | Code. The Indian tribe may contract with any juvenile detention |
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1000 | 1027 | | facility for the providing of d etention services. |
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1001 | 1028 | | J. Each member of the staff of a juvenile detention facility |
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1002 | 1029 | | shall satisfactorily complete a training program provided or |
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1003 | 1030 | | approved by the Office of Juvenile Affairs. |
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1004 | 1031 | | K. Whenever a juvenile is placed in any adult jail, adult |
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1005 | 1032 | | lockup, adult detention facility or other adult facility, the Office |
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1006 | 1033 | | of Juvenile Affairs shall have access to all facilities which detain |
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1007 | 1034 | | such juveniles and shall have access to any data regarding such |
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1008 | 1035 | | juveniles. The Office of Juvenile Affairs shall have access to a ll |
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1009 | 1036 | | adult jails, adult lockups, adult detention facilities or other |
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1010 | 1037 | | adult facilities in this state, including all data maintained by |
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1040 | 1068 | | SECTION 3. AMENDATORY 10A O.S. 2021, Section 2 -3-103, as |
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1041 | 1069 | | amended by Section 1, Chapter 242, O.S.L. 2022 (10A O.S. Supp. 2024, |
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1042 | 1070 | | Section 2-3-103), is amended to read as follows: |
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1043 | 1071 | | Section 2-3-103. A. Provision shall be made for the temporary |
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1044 | 1072 | | detention of children in a juvenile detention facility or the court |
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1045 | 1073 | | may arrange for the care and custody of such children temporarily in |
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1046 | 1074 | | private homes, subject to the supervision of the court, or the co urt |
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1047 | 1075 | | may provide shelter or may enter into a contract with any |
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1048 | 1076 | | institution or agency to receive, for temporary care and custody, |
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1049 | 1077 | | children within the jurisdiction of the court. The Office of |
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1050 | 1078 | | Juvenile Affairs shall not be ordered to provide detention unless |
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1051 | 1079 | | said Office has designated and is operating detention services or |
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1052 | 1080 | | facilities. |
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1053 | 1081 | | B. County sheriffs of the arresting agency, their designee, any |
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1054 | 1082 | | peace officer, private contractors under contract with the Office of |
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1055 | 1083 | | Juvenile Affairs for transportation services , or juvenile court |
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1056 | 1084 | | officers shall provide for the transportation of juveniles to and |
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1057 | 1085 | | from secure detention for purposes of admission, interfacility |
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1058 | 1086 | | transfer, discharge, medical or dental attention, court appearance, |
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1059 | 1087 | | or placement designated by the Office. No private contract for |
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1060 | 1088 | | transportation services shall be entered into by the Office unless |
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1090 | 1119 | | meets the requirements of subparagraphs a, b and d of paragraph 4 of |
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1091 | 1120 | | subsection C of this section. The Office of Juvenile Affairs shall |
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1092 | 1121 | | not be ordered to provide transportation for a juvenile who is |
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1093 | 1122 | | detained in or is des tined for secure detention. The Office of |
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1094 | 1123 | | Juvenile Affairs shall provide reimbursement to the entity |
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1095 | 1124 | | transporting juveniles for necessary and actual expenses for |
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1096 | 1125 | | transporting juveniles who are detained in or destined for a secure |
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1097 | 1126 | | detention center as follo ws: |
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1098 | 1127 | | 1. A fee for the cost of personal services at the rate of |
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1099 | 1128 | | Seventeen Dollars ($17.00) per hour; |
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1100 | 1129 | | 2. Mileage reimbursement for each mile actually traveled at the |
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1101 | 1130 | | rate established in the State Travel Reimbursement Act; |
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1102 | 1131 | | 3. Meals for transporting personne l, not to exceed Ten Dollars |
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1103 | 1132 | | ($10.00) per meal; and |
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1104 | 1133 | | 4. Meals for juveniles being transported, not to exceed Ten |
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1105 | 1134 | | Dollars ($10.00) per meal. |
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1106 | 1135 | | The Office of Juvenile Affairs shall process and mail |
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1107 | 1136 | | reimbursement claims within sixty (60) days of receipt. Payme nts |
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1108 | 1137 | | for services provided by a county sheriff's office shall be paid to |
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1109 | 1138 | | the county and deposited in the service fee account of the sheriff. |
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1140 | 1170 | | 2. The board of county commissioners of every county shall |
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1141 | 1171 | | provide for the temporary detention of a child who is or who may be |
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1142 | 1172 | | subject to secure detention and may construct a building or rent |
---|
1143 | 1173 | | space for such purpose. The boards of county commissioners shall |
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1144 | 1174 | | provide for temporary detention services and facilities in |
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1145 | 1175 | | accordance with the provisions of the State Plan for the |
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1146 | 1176 | | Establishment of Juvenile Detention Services adopted pursuant to |
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1147 | 1177 | | subsection D of this section and in accordance with subsections A |
---|
1148 | 1178 | | and C of Section 2-7-608 of this title. The boards of county |
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1149 | 1179 | | commissioners are hereby authorized to create multicounty trust |
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1150 | 1180 | | authorities for the purpose of operating juvenile detention |
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1151 | 1181 | | facilities. |
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1152 | 1182 | | 3. In order to operate the juvenile detention facilities |
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1153 | 1183 | | designated in the State Plan for the Establishment of Juvenile |
---|
1154 | 1184 | | Detention Services and in subsections A and C of Section 2 -7-608 of |
---|
1155 | 1185 | | this title, the boards of county commissioners in the designated |
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1156 | 1186 | | host counties shall: |
---|
1157 | 1187 | | a. operate the juvenile detention facility through a |
---|
1158 | 1188 | | statutorily constituted juvenile bureau subject to the |
---|
1159 | 1189 | | supervision of the district court, or |
---|
1190 | 1221 | | c. contract with a public agency, private agency, |
---|
1191 | 1222 | | federally recognized tribe, or single or multi -county |
---|
1192 | 1223 | | trust authority for the operation of the juvenile |
---|
1193 | 1224 | | detention facility. In the event any board of county |
---|
1194 | 1225 | | commissioners contracts with a public or private |
---|
1195 | 1226 | | agency or a federally recognized tribe, pursuant to |
---|
1196 | 1227 | | the provisions of this section, the Office is |
---|
1197 | 1228 | | authorized to directly contract with and pay such |
---|
1198 | 1229 | | public or private agency or federally recognized tribe |
---|
1199 | 1230 | | for provision of detention services. Any contract |
---|
1200 | 1231 | | with a federally recognized tribe shall become |
---|
1201 | 1232 | | effective upon approval by the board of county |
---|
1202 | 1233 | | commissioners. |
---|
1203 | 1234 | | 4. Management contracts for privately operated detention |
---|
1204 | 1235 | | facilities shall be negotiated with the firm found most qualified by |
---|
1205 | 1236 | | the board of county commissioners. However, no private management |
---|
1206 | 1237 | | contract shall be entered into by the board unless the private |
---|
1207 | 1238 | | contractor demonstrates to the satisfaction of the board: |
---|
1239 | 1271 | | c. that the ability of the contractor to obtain insurance |
---|
1240 | 1272 | | or provide self-insurance to indemnify the county |
---|
1241 | 1273 | | against possible lawsuits and to compensate the county |
---|
1242 | 1274 | | for any property damage or expenses incurred due to |
---|
1243 | 1275 | | the private operation of the juvenile detention |
---|
1244 | 1276 | | facility, and |
---|
1245 | 1277 | | d. that the contractor has the ability to comply with |
---|
1246 | 1278 | | applicable court orders and rules of the Office of |
---|
1247 | 1279 | | Juvenile Affairs. |
---|
1248 | 1280 | | 5. All counties to be served by a secure juvenile detention |
---|
1249 | 1281 | | facility may, upon t he opening of such facility, contract with the |
---|
1250 | 1282 | | operators for the use of the facility for the temporary detention of |
---|
1251 | 1283 | | children who are subject to secure detention; provided, however, a |
---|
1252 | 1284 | | jail, adult lockup, or other adult detention facility may be used |
---|
1253 | 1285 | | for the secure detention of a child as provided for in Section 2 -3- |
---|
1254 | 1286 | | 101 of this title. |
---|
1255 | 1287 | | 6. Expenses incurred in carrying out the provisions of this |
---|
1256 | 1288 | | section shall be paid from the general fund of the county or from |
---|
1257 | 1289 | | other public funds lawfully appropriated for such purposes or from |
---|
1288 | 1321 | | 7. The operation of a juvenile detention facility by a county |
---|
1289 | 1322 | | shall constitute a quasi -judicial function and is also hereby |
---|
1290 | 1323 | | declared to be a function of the State of Oklahoma for purposes of |
---|
1291 | 1324 | | the Eleventh Amendment to the United Stat es Constitution. In |
---|
1292 | 1325 | | addition, no contract authorized by the provisions of this section |
---|
1293 | 1326 | | for the providing of transportation services or for the operation of |
---|
1294 | 1327 | | a juvenile detention facility shall be awarded until the contractor |
---|
1295 | 1328 | | demonstrates to the satisfactio n of the county that the contractor |
---|
1296 | 1329 | | has obtained liability insurance with the limits specified by The |
---|
1297 | 1330 | | Governmental Tort Claims Act against lawsuits arising from the |
---|
1298 | 1331 | | operation of the juvenile detention facility by the contractor, or |
---|
1299 | 1332 | | if the contract is for t he providing of transportation services, the |
---|
1300 | 1333 | | contractor has obtained liability insurance with the limits |
---|
1301 | 1334 | | specified by The Governmental Tort Claims Act against lawsuits |
---|
1302 | 1335 | | arising from the transportation of juveniles as authorized by |
---|
1303 | 1336 | | subsection A of this secti on. |
---|
1304 | 1337 | | D. The Board of Juvenile Affairs, from monies appropriated for |
---|
1305 | 1338 | | that purpose, shall develop, adopt, and implement a plan for secure |
---|
1306 | 1339 | | juvenile detention services and alternatives to secure detention, to |
---|
1307 | 1340 | | be known as the State Plan for the Establishment of Juvenile |
---|
1338 | 1372 | | bureaus. Said plan may be amended or modified by the Board as |
---|
1339 | 1373 | | necessary and appropriate. Until said plan is adopted by the Board, |
---|
1340 | 1374 | | the plan adopted by the Commission for Human Services shall remain |
---|
1341 | 1375 | | in effect. |
---|
1342 | 1376 | | 1. The Board of Juvenile Affairs shall establish procedures for |
---|
1343 | 1377 | | the letting of contracts or grants, including grants to existing |
---|
1344 | 1378 | | juvenile detention programs operated by statutorily constituted |
---|
1345 | 1379 | | juvenile bureaus, and the conditions and requirements for the |
---|
1346 | 1380 | | receipt of said grants or contracts for juvenile detention services |
---|
1347 | 1381 | | and facilities as provided in this section and Section 2 -7-401 of |
---|
1348 | 1382 | | this title. A copy of such procedures shall be made available to |
---|
1349 | 1383 | | any member of the general public upon request. All such grants or |
---|
1350 | 1384 | | contracts shall require the p articipation of local resources in the |
---|
1351 | 1385 | | funding of juvenile detention facilities. A contract for services |
---|
1352 | 1386 | | shall be based upon a formula approved by the Board which shall set |
---|
1353 | 1387 | | the contract amount in accordance with the services offered and the |
---|
1354 | 1388 | | degree of compliance with standards for certification. |
---|
1355 | 1389 | | 2. The Board of Juvenile Affairs shall establish standards for |
---|
1356 | 1390 | | the certification of detention services and juvenile detention |
---|
1357 | 1391 | | facilities. Such standards may include, but not be limited to: |
---|
1388 | 1423 | | facilities shall be certified by the Board within two (2) years of |
---|
1389 | 1424 | | the date of the initial grant or contract. |
---|
1390 | 1425 | | E. The State Department of Health, with the assistance of the |
---|
1391 | 1426 | | Office of Juvenile Affairs, shall establish standards for the |
---|
1392 | 1427 | | certification of jails, adult lockup s, and adult detention |
---|
1393 | 1428 | | facilities used to detain juveniles. Such standards shall include |
---|
1394 | 1429 | | but not be limited to: separation of juveniles from adults; |
---|
1395 | 1430 | | supervision of juveniles; and health and safety measures for |
---|
1396 | 1431 | | juveniles. The Department of Health is auth orized to inspect any |
---|
1397 | 1432 | | jail, adult lockup, or adult detention facility for the purpose of |
---|
1398 | 1433 | | determining compliance with such standards. No jail, adult lockup, |
---|
1399 | 1434 | | or other adult detention facility shall be used to detain juveniles |
---|
1400 | 1435 | | unless such jail, adult lockup, or other adult detention facility |
---|
1401 | 1436 | | complies with the standards established by the Department of Health |
---|
1402 | 1437 | | and is designated as a place for the detention of juveniles by the |
---|
1403 | 1438 | | judge having juvenile docket responsibility in the county from a |
---|
1404 | 1439 | | list of eligible faci lities supplied by the Department of Health. |
---|
1405 | 1440 | | The development and approval of the standards provided for in |
---|
1406 | 1441 | | this paragraph shall comply with the provisions of the |
---|
1407 | 1442 | | Administrative Procedures Act. |
---|
1438 | 1474 | | 1. For the purpose of ensuring the uniformity and compatibility |
---|
1439 | 1475 | | of information related to the detention of persons under age |
---|
1440 | 1476 | | eighteen (18), said rules shall be reviewed and approved by the |
---|
1441 | 1477 | | Oklahoma Commission on Children and Youth prior to their adoption by |
---|
1442 | 1478 | | the Board; and |
---|
1443 | 1479 | | 2. Records of detention shall be reviewed during each routine |
---|
1444 | 1480 | | inspection of adult jails, lockups or other adult detention |
---|
1445 | 1481 | | facilities inspected by the State Department of Health and a |
---|
1446 | 1482 | | statistical report of said detentions shall be submitted to the |
---|
1447 | 1483 | | Office of Juvenile Affairs at least every six (6) months in a form |
---|
1448 | 1484 | | approved by the Board of Juvenile Affairs. |
---|
1449 | 1485 | | SECTION 4. This act shall become effective November 1, 2025. |
---|