Oklahoma 2025 Regular Session

Oklahoma House Bill HB1480 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 1480 By: West (Tammy), Pae, Osburn,
30-Miller, Roberts, and Hefner
31-of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 60th Legislature (2025)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE BILL NO. 1480 By: West (Tammy), Pae, and
38+Osburn of the House
3239
3340 and
3441
3542 Gollihare of the Senate
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3845
46+
47+COMMITTEE SUBSTITUTE
3948
4049 An Act relating to children; defining term; directing
4150 the court to determine ability to pay; providing that
4251 the ability to pay shall not impact disposition;
4352 providing that certain persons shall be relieved of
4453 debt if certain determination is ma de; providing
4554 factors court shall consider; providing factors court
4655 shall not consider; providing for presumption of
4756 inability to pay; directing court to inform certain
4857 persons of certain information; directing the court
4958 to provide cost hearing in certain situation;
5059 directing that percentage reduction apply to all
5160 financial obligations; directing court clerk to
5261 review cases; directing court clerk to notify court
5362 and set certain hearing in certain situation;
5463 directing court clerk to issue summons; providing
5564 information the summons shall contain; amending 10A
5665 O.S. 2021, Sections 2 -3-101 and 2-3-103, as amended
5766 by Section 1, Chapter 242, O.S.L. 2022 (10A O.S.
5867 Supp. 2024, Section 2 -3-103), which relate to the
5968 Oklahoma Juvenile Code; providing that youth shall
6069 not be responsible for detention costs; providing
6170 that no order shall be made requiring certain persons
6271 to pay expenses; providing for codification; and
6372 providing an effective date.
6473
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6675
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68-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
69-SECTION 1. NEW LAW A new section of law to be codified
70-in the Oklahoma Statutes as Section 2 -3-206 of Title 10A, unless
71-there is created a duplication in numbering, reads as follows:
72-
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103+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
104+SECTION 1. NEW LAW A new section of law to be codified
105+in the Oklahoma Statutes as Section 2 -3-206 of Title 10A, unless
106+there is created a duplication in numbering, reads as follows:
98107 A. For purposes of this section, fines, costs, fees, and
99108 assessments shall include all financial obligations imposed by the
100109 court or required by law to be paid, excluding restitution or
101110 payments to be made other than to the court clerk, and shall be
102111 referred to as financial obligations.
103112 B. 1. When an order of dis position, imposes court financial
104113 obligations, as defined by subsection A of this section, upon a
105114 child, the parents, guardian, custodian, or responsible relative,
106115 the court at the time of disposition may immediately, or at any
107116 point thereafter until the d ebt is either paid or waived, determine
108117 the ability of a child, the parents, guardian, custodian, or
109118 responsible relative, to pay the court financial obligations. The
110119 court may make such determinations at a cost hearing or upon written
111120 motion or affidavit by the child, the parents, guardian, custodian,
112121 or responsible relative. The ability of the child, the parents,
113122 guardian, custodian, or responsible relative to pay court financial
114123 obligations may not impact the disposition.
115124 2. A child, the parents, guar dian, custodian, or responsible
116125 relative with court financial obligations who are found by the court
117126 to be unable to pay, in whole or in part, shall be relieved of the
118-debt by the court through a hardship waiver of the court financial
119-obligations, either in whole or in part.
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154+debt by the court through a hardship waiver of the court financial
155+obligations, either i n whole or in part.
146156 3. In determining the ability of a child, the parents,
147157 guardian, custodian, or responsible relative to pay, the court shall
148158 consider the following factors:
149159 a. individual and household income,
150160 b. household living expenses,
151161 c. number of dependents,
152162 d. assets,
153163 e. child support obligations,
154164 f. physical or mental health conditions that diminish the
155165 ability to generate income or manage resources,
156166 g. additional case-related expenses to be paid by the
157167 child, the parents, guardian, custodian, or
158168 responsible relative, and
159169 h. any other factors relevant to the ability of the
160170 child, the parents, guardian, custodian, or
161171 responsible relative to pay.
162172 4. In determining the ability of a child, the parents,
163173 guardian, custodian, or responsible relative to pay, the following
164174 shall not be considered as income or assets:
165175 a. child support income,
166-b. any monies received from a federal, stat e, or tribal
167-government need-based or disability assi stance
168-program, or
169-c. assets exempt from bankruptcy.
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203+b. any monies received from a federal, state, or tribal
204+government need-based or disability assistance
205+program, or
206+c. assets exempt from bankruptcy.
196207 5. A child, the parents, guardian, custodian, or responsible
197208 relative in the following circumstances are presumed unable to pay
198209 and the court financial obligations shall be waived:
199210 a. designated as totally disabled by any federal, state,
200211 or tribal disability services progr am including, but
201212 not limited to, military disability, Social Security
202213 Disability Insurance, Supplemental Security Income, or
203214 tribal disability benefits,
204215 b. receives support from the Temporary Assistance for
205216 Needy Families program, Supplemental Nutrition
206217 Assistance Program, the Special Supplemental Nutrition
207218 Program for Women, Infants, and Children nutrition
208219 education and supplemental food program, or any other
209220 federal need-based financial support,
210221 c. receives subsidized housing support through the
211222 Housing Choice Voucher program, the United States
212223 Department of Housing and Urban Development, or other
213224 state, local, or federal government housing subsidy
214225 program, or
215-d. total income is below one hundred fifty percent (150%)
216-of the federal poverty level.
217-C. 1. At the time of a plea or disposition, the court shall
218-inform the child, the parents, guardian, custodian, or responsible
219-relative of the total court financial obligations owed, the
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253+d. total income is below one hundred fifty percent (150%)
254+of the federal poverty level.
255+C. 1. At the time of a plea or disposition, the court shall
256+inform the child, the parents, guardian, custodian, or responsible
257+relative of the total court financial obligations owed, the
246258 consequences of failing to pay the court financial obligations, and
247259 that the child, the parents, guardian, custodian, or responsible
248260 relative may request a cost hearing if at any time he or she is
249261 unable to pay the court financial obligations, at which point the
250262 court may waive all or part of the debt owed. If the total amount
251263 of court financial obligations owed is not available at the time of
252264 the plea or disposition, the court shall inform the child, the
253265 parents, guardian, custodian, or responsible relative that court
254266 financial obligations have been incurred and the time and loc ation
255267 where the child, the parents, guardian, custodian, or responsible
256268 relative may learn of the total amount owed.
257269 2. The court, including all municipal courts, shall provide a
258270 cost hearing for the child, the parents, guardian, custodian, or
259271 responsible relative upon request, either by establishing a
260272 dedicated docket or on an as -requested basis. A child, the parents,
261273 guardian, custodian, or responsible relative who requests a cost
262274 hearing will receive a summons by personal service or by United
263275 States mail to appear in court as required by subsection D of this
264276 section. No fees shall be assessed or collected from the child, the
265-parents, guardian, custodian, or responsible relative as a
266-consequence of either requesting a cost hearing.
267-3. If the court determines that a waiver of any of the court
268-financial obligations is warranted, the court shall apply the same
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304+parents, guardian, custodian, or responsible relative as a
305+consequence of either requesting a cost hearing.
306+3. If the court dete rmines that a waiver of any of the court
307+financial obligations is warranted, the court shall apply the same
295308 percentage reduction equally to all fines, costs, fees, and
296309 assessments, excluding restitution.
297310 D. 1. The court clerk shall periodically review ca ses to
298311 determine the cases in which the child, the parents, guardian,
299312 custodian, or responsible relative has not made any payment towards
300313 court financial obligations within the previous ninety (90) days.
301314 2. Upon identifying cases where no payment has been made within
302315 the previous ninety (90) days, the clerk shall notify the court
303316 which shall, within ten (10) days thereafter, set a cost hearing for
304317 the court to determine if the child, the parents, guardian,
305318 custodian, or responsible relative is able to pay. The cost hearing
306319 shall be set within forty -five (45) days of the issuance of the
307320 summons. The hearing shall be set on a date that shall allow the
308321 court clerk to issue a summons fourteen (14) days prior to the cost
309322 hearing. No additional fee shall be as sessed due to the issuance of
310323 the summons.
311324 3. At least fourteen (14) days prior to the cost hearing, the
312325 court clerk shall issue one summons to the child, the parents,
313326 guardian, custodian, or responsible relative to be served by United
314327 States mail to the mailing address of the child, the parents,
315-guardian, custodian, or responsible relative on file in the case,
316-substantially as follow s:
317-SUMMONS
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355+guardian, custodian, or responsible relative on file in the case,
356+substantially as follows:
357+SUMMONS
344358 You are ORDERED to appear for a COST HEARING at the above
345359 specified time, place, and date to determine if you are financially
346360 able to pay the fines, costs, fees, or assessments or an installment
347361 due in the above cases.
348362 YOU MUST BE PRESENT AT THE HEARING.
349363 At any time before the date of the cost hearing, you may contact
350364 the court clerk and pay the amount due or request in writing or in
351365 person prior to the court date, that the hearing be rescheduled for
352366 up to thirty (30) days after the scheduled time.
353367 You may consult with counsel prior to your hearing, and you may
354368 have counsel present at your hearing.
355369 4. If the child, the parents, guardian, custodian, or
356370 responsible relative fails to appear at the scheduled cost hearing,
357371 no warrant shall be issued based upon the nonappearance. However,
358372 the court may notify the district attorney of the nonappearance and
359373 the district attorney may pursue indirect contempt, pursuant to
360374 Section 567 of Title 21 of the Oklahoma Statutes, against the child,
361375 the parents, guardian, custodian, or responsible relative based on
362376 the nonpayment of the court financial obligations. The alleged
363377 contemnor shall appear at the initial appearance or arraignment.
364378 Provided, however, that the contemnor shall be released on his or
365-her own recognizance and no cash bond shall be required. During the
366-trial on the contempt, prior determinations regarding the alleged
367-contemnor's ability to pay the court financial obligations shall be
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406+her own recognizance and no cash bond shall be required. During the
407+trial on the contempt, prior determinations regarding the allege d
408+contemnor's ability to pay the court financial obligations shall be
394409 reconsidered based on evidence of the contemnor's ability to pay
395410 admitted at trial.
396411 SECTION 2. AMENDATORY 10A O.S. 2021, Section 2 -3-101, is
397412 amended to read as follows:
398413 Section 2-3-101. A. When a child is taken into custody
399414 pursuant to the provisions of the Oklahoma Juvenile Code, the child
400415 shall be detained only if it is necessary to assure the appearance
401416 of the child in court or for the protection of the chil d or the
402417 public.
403418 1. a. No child twelve (12) years of age or younger shall be
404419 placed in a juvenile detention facility unless all
405420 alternatives have been exhausted and the child is
406421 currently charged with a criminal offense that would
407422 constitute a felony if co mmitted by an adult and it
408423 has been indicated by a risk -assessment screening that
409424 the child requires detention. The detention of any
410425 child twelve (12) years of age or younger shall be
411426 judicially reviewed pursuant to subparagraph c of this
412427 paragraph.
413428 b. Any child who is thirteen (13) or fourteen (14) years
414429 of age may be admitted to a juvenile detention
415-facility only after all alternati ves have been
416-exhausted and the child is currently ch arged with a
417-criminal offense that would constitute a felony if
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457+facility only after all alternatives have been
458+exhausted and the child is currently charged with a
459+criminal offense that would constitute a felony if
444460 committed by an adult and it has been indicated by a
445461 risk-assessment screening that the child requires
446462 detention.
447463 c. No preadjudicatory or predisposition detention or
448464 custody order shall remain in force and effect for
449465 more than thirty (30) days. The court, for g ood and
450466 sufficient cause shown, may extend the effective
451467 period of such an order for an additional period not
452468 to exceed sixty (60) days. If the child is being
453469 detained for the commission of a murder, the court
454470 may, if it is in the best interests of justic e, extend
455471 the effective period of such an order an additional
456472 sixty (60) days.
457473 d. Whenever the court orders a child to be held in a
458474 juvenile detention facility, an order for secure
459475 detention shall remain in force and effect for not
460476 more than fifteen (15) d ays after such order. Upon an
461477 application of the district attorney and after a
462478 hearing on such application, the court, for good and
463479 sufficient cause shown, may extend the effective
464480 period of such an order for an additional period not
465-to exceed fifteen (15) days after such hearing. The
466-total period of preadjudicatory or predisposition
467-shall not exceed the ninety -day limitation as
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508+to exceed fifteen (15 ) days after such hearing. The
509+total period of preadjudicatory or predisposition
510+shall not exceed the ninety -day limitation as
494511 specified in subparagraph a of this paragraph. The
495512 child shall be present at the hearing on the
496513 application for extension unles s, as authorized and
497514 approved by the court, the attorney for the child is
498515 present at the hearing and the child is available to
499516 participate in the hearing via telephone conference
500517 communication. For the purpose of this paragraph,
501518 "telephone conference comm unication" means use of a
502519 telephone device that allows all parties, including
503520 the child, to hear and be heard by the other parties
504521 at the hearing. After the hearing, the court may
505522 order continued detention in a juvenile detention
506523 center, may order the chi ld detained in an alternative
507524 to secure detention or may order the release of the
508525 child from detention.
509526 e. No detained youth, previously detained youth, or
510527 parent or guardian of youth shall be responsible for
511528 detention costs.
512529 2. No child alleged or adjudi cated to be deprived or in need of
513530 supervision or who is or appears to be a minor in need of treatment
514531 as defined by the Inpatient Mental Health and Substance Abuse
515-Treatment of Minors Act, shall be confined in any jail, adult
516-lockup, or adult detention facility. No child shall be transported
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559+Treatment of Minors Act, shall be confined in any jail, adult
560+lockup, or adult detention fa cility. No child shall be transported
543561 or detained in association with criminal, vicious, or dissolute
544562 persons.
545563 3. Except as otherwise authorized by this section a child who
546564 has been taken into custody as a deprived child, a child in need of
547565 supervision, or who appears to be a minor in need of treatment, may
548566 not be placed in any detention facility pending court proceedings,
549567 but must be placed in shelter care or foster care or, with regard to
550568 a child who appears to be a minor in need of treatment, a behavio ral
551569 health treatment facility in accordance with the provisions of the
552570 Inpatient Mental Health and Substance Abuse Treatment of Minors Act,
553571 or released to the custody of the parents of the child or some other
554572 responsible party. Provided, this shall not pr eclude runaway
555573 juveniles from other states, with or without delinquent status, to
556574 be held in a detention facility in accordance with the Interstate
557575 Compact for Juveniles in Sections 2 -9-101 through 2-9-116 of this
558576 title and rules promulgated by the Interst ate Commission.
559577 B. No child shall be placed in secure detention unless:
560578 1. The child is an escapee from any delinquent placement;
561579 2. The child is a fugitive from another jurisdiction with a
562580 warrant on a delinquency charge or confirmation of delinquency
563581 charges by the home jurisdiction;
564-3. The child is seriously assaultive or destructive towards
565-others or self;
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609+3. The child is seriously assaultive or destructive towards
610+others or self;
592611 4. The child is currently charged with any criminal offense
593612 that would constitute a felony if committed by an adult or a
594613 misdemeanor and:
595614 a. is on probation or parole on a prior delinquent
596615 offense,
597616 b. is on preadjudicatory community supervision, or
598617 c. is currently on release status on a prior delinquent
599618 offense;
600619 5. The child has willfully failed or there is reason to believe
601620 that the child will w illfully fail to appear for juvenile court
602621 proceedings;
603622 6. A warrant for the child has been issued on the basis that:
604623 a. the child is absent from court -ordered placement
605624 without approval by the court,
606625 b. the child is absent from designated placement by th e
607626 Office of Juvenile Affairs without approval by the
608627 Office of Juvenile Affairs,
609628 c. there is reason to believe the child will not remain
610629 at said placement, or
611630 d. the child is subject to an administrative transfer or
612631 parole revocation proceeding.
613-C. A child who has violated a court order and has had the order
614-revoked or modified pursuant to Section 2 -2-503 of this title may be
615-placed into an Office-of-Juvenile-Affairs-designated sanction
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659+C. A child who has violated a court order and has had the order
660+revoked or modified pursuant to Section 2 -2-503 of this title may be
661+placed into an Office -of-Juvenile-Affairs-designated sanction
642662 detention bed or an Office -of-Juvenile-Affairs-approved sanction
643663 program.
644664 D. Priority shall be given to the use of juvenile detention
645665 facilities for the detention of juvenile offenders through
646666 provisions requiring the removal from detention of a juvenile with a
647667 lower priority status if an empty detention bed is not availabl e at
648668 the time of referral of a juvenile with a higher priority status and
649669 if the juvenile with a higher priority status would be more of a
650670 danger to the public than the juvenile with the lower priority
651671 status.
652672 E. Juvenile detention facilities shall be the initial placement
653673 for all persons under eighteen (18) years of age. No child shall be
654674 placed in secure detention in an adult jail, adult lockup, adult
655675 detention facility or other adult facility except as provided in
656676 this section.
657677 1. Any child who is at least fifteen (15) years of age who is
658678 charged with murder in the first degree may be detained in an adult
659679 jail, adult lockup, adult detention facility or other adult facility
660680 only after a hearing in which the child is provided representation
661681 and the court makes a written finding that it is in the interest of
662-justice that the child be placed in an adult jail, adult lockup,
663-adult detention facility or other adult facility.
664-2. In determining whether it is in the interest of justice that
665-a child who is at least fifteen (15) years of age and who is charged
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709+justice that the child be placed in an adult jail, adult lockup,
710+adult detention facility or other adult facility.
711+2. In determining whether it is in the interest of justice that
712+a child who is at lea st fifteen (15) years of age and who is charged
692713 with murder in the first degree be placed in an adult jail, adult
693714 lockup, adult detention facility or other adult facility, the court
694715 shall consider:
695716 a. the age of the child,
696717 b. the physical and mental maturi ty of the child,
697718 c. the present mental state of the child, including
698719 whether the child presents an imminent risk of harm to
699720 the child,
700721 d. the nature and circumstances of the alleged offense,
701722 e. the child's history of prior delinquent acts,
702723 f. the relative ability of the available adult and
703724 juvenile detention facilities to not only meet the
704725 specific needs of the child but also to protect the
705726 safety of the public as well as other detained youth,
706727 and
707728 g. any other relevant factors.
708729 3. If a court determines tha t it is in the interest of justice
709730 that the child be placed in an adult jail, adult lockup, adult
710731 detention facility or other adult facility:
711-a. the court shall hold a hearing not less frequently
712-than once every thirty (30) days, or in the case of a
713-rural jurisdiction, which is any jurisdiction not
714-located in a metropolitan statistical area as defined
715-by the United States Office of Man agement and Budget,
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759+a. the court shall hold a hearing not less frequently
760+than once every thirty (30) days, or in the case of a
761+rural jurisdiction, which is any jurisdiction not
762+located in a metropolitan statistical area as defined
763+by the United States Office of Management and Budget,
742764 not less frequently than once every forty -five (45)
743765 days, to review whether it is still in the interest of
744766 justice to permit the juvenile to be so held or have
745767 such sight and sound contact, and
746768 b. the child shall not be held in any adult jail or
747769 lockup for adults or be permitted to have sight or
748770 sound contact with adult inmates for more than one
749771 hundred eighty (180) days, unless the court, in
750772 writing, determines there is good cause for an
751773 extension or the child expressly waives this
752774 limitation.
753775 F. When a child is placed in an adult jail, adult lockup, adult
754776 detention facility or other adult facility, he or s he shall be
755777 afforded the following rights and protections in order to address
756778 the child's health and safety:
757779 1. A copy of the child's most current mental health or suicide
758780 screening instrument approved by the Office of Juvenile Affairs
759781 shall be provided to the adult jail, adult lockup or adult detention
760782 facility at the time of the child's transfer; and
761-2. Adult jails, adult lockups, adult detention facilities or
762-other adult facilities shall process requests for visits and allow
763-approved visitors contact visits with the child within five (5)
764-business days of the request.
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810+2. Adult jails, adult lockups, adult detention facilities or
811+other adult facilities shall process requests for visits and allow
812+approved visitors contact v isits with the child within five (5)
813+business days of the request.
791814 G. 1. Except as otherwise provided in this section, no child
792815 shall be placed in secure detention in an adult jail, adult lockup,
793816 adult detention facility or other adult facility unless:
794817 a. the adult jail, adult lockup or adult detention
795818 facility provides sight and sound separation for
796819 juveniles, pursuant to standards required by
797820 subsection E of Section 2 -3-103 of this title, and
798821 b. the adult jail, adult lockup or adult detention
799822 facility meets the requirements for licensure of
800823 juvenile detention facilities, as adopted by the
801824 Office of Juvenile Affairs, is appropriately licensed,
802825 and provides sight and sound separation for juveniles,
803826 which includes:
804827 (1) total separation between juveniles and adult
805828 facility spatial areas such that there could be
806829 no haphazard or accidental contact between
807830 juvenile and adult residents in the respective
808831 facilities,
809832 (2) total separation in all juvenile and adult
810833 program activities within the facilities,
811-including recreation, education, counseling,
812-health care, dining, sleeping and general living
813-activities, and
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861+including recreation, education, counseling,
862+health care, dining, sleeping and general living
863+activities, and
840864 (3) separate juvenile and adult staff, specifically
841865 direct care staff such as recreation, education
842866 and counseling.
843867 Specialized services staff, such as cook s,
844868 bookkeepers, and medical professionals who are not
845869 normally in contact with detainees or whose infrequent
846870 contacts occur under conditions of separation of
847871 juveniles and adults can serve both.
848872 2. Nothing in this section shall preclude a child who is
849873 detained for the commission of a crime that would constitute a
850874 felony if committed by an adult, or a child who is an escapee from a
851875 juvenile secure facility or from an Office of Juvenile Affairs group
852876 home from being held in any jail certified by the State De partment
853877 of Health, police station or similar law enforcement offices for up
854878 to six (6) hours for purposes of identification, processing or
855879 arranging for transfer to a secure detention or alternative to
856880 secure detention. Such holding shall be limited to t he absolute
857881 minimum time necessary to complete these actions.
858882 a. The time limitations for holding a child in a jail for
859883 the purposes of identification, processing or
860884 arranging transfer established by this section shall
861-not include the actual travel time required for
862-transporting a child from a jail to a juvenile
863-detention facility or alternative to secure detention.
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912+not include the actual travel time re quired for
913+transporting a child from a jail to a juvenile
914+detention facility or alternative to secure detention.
890915 b. Whenever the time limitations established by this
891916 subsection are exceeded, this circumstance shall not
892917 constitute a defense in a subsequent delinquency or
893918 criminal proceeding.
894919 3. Nothing in this section shall preclude detaining in a county
895920 jail or other adult detention facility an eighteen -year-old charged
896921 in a juvenile petition for whom certification to stand trial as an
897922 adult is prayed. Ho wever, if no certification motion is filed, the
898923 eighteen-year-old may remain in a juvenile detention facility as
899924 long as secure detention is required.
900925 4. Nothing in this section shall preclude detaining in a county
901926 jail or other adult detention facility a person provided for in
902927 Section 2-3-102 of this title if written or electronically
903928 transmitted confirmation is received from the state seeking return
904929 of the individual that the person is a person provided for in
905930 Section 2-3-102 of this title and if, during the time of detention,
906931 the person is detained in a facility meeting the requirements of
907932 Section 2-3-103 of this title.
908933 5. Nothing in this section shall preclude detaining a person,
909934 whose age is not immediately ascertainable and who is being detained
910935 for the commission of a felony, in a jail certified by the State
911-Department of Health, a police station or similar law enforcement
912-office for up to twenty-four (24) hours for the purpose of
913-determining whether or not the person is a child, if:
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963+Department of Health, a police station or similar law enforcement
964+office for up to twenty -four (24) hours for the purpose of
965+determining whether or not the person is a child, if:
940966 a. there is a reasonable belief that the person is
941967 eighteen (18) years of age or older,
942968 b. there is a reasonable belief that a felony has been
943969 committed by the person,
944970 c. a court order for such detention is obtained from a
945971 judge of the district court within six (6) hours of
946972 initially detaining the person,
947973 d. there is no juvenile detention facility that has space
948974 available for the person and that is within thirty
949975 (30) miles of the jail, police station, or law
950976 enforcement office in which the person is to be
951977 detained, and
952978 e. during the time of detention the person is detained in
953979 a facility meeting the requirements of subparagraph b
954980 of paragraph 1 of this subsection.
955-The time limitation provided for in this paragraph shall include
956-the time the person is detained prior to the issuance of the court
981+The time limitation provided for in this paragraph shall include the
982+time the person is detained prior to the is suance of the court
957983 order.
958-The time limitation provided for in this paragraph shall not
959-include the actual travel time required for transporting the person
960-to the jail, police station, or similar law enforcement office. If
961-the time limitation established by this paragraph is exceeded, this
962-circumstance shall not constitute a defense in any subsequent
963-delinquency or criminal proceeding .
984+The time limitation provided for in this paragraph shall not include
985+the actual travel time required for transporting the person to the
986+jail, police station, or similar law enforcement office. If the
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1014+time limitation established by this paragraph is exceeded, this
1015+circumstance shall not constitute a defense in any subsequent
1016+delinquency or criminal proceeding.
9901017 H. Nothing contained in this section shall in any way reduce or
9911018 eliminate the liability of a county as otherwise provided by law for
9921019 injury or damages resulting from the placement of a child in an
9931020 adult jail, adult lockup, adult detention facility or other adult
9941021 facility.
9951022 I. Any juvenile detention facility shall be available for use
9961023 by any eligible Indian child as that term is defined by the Oklahoma
9971024 Indian Child Welfare Act, providing that the use of the juvenile
9981025 detention facility meets the requirements of the Oklahoma Juvenile
9991026 Code. The Indian tribe may contract with any juvenile detention
10001027 facility for the providing of d etention services.
10011028 J. Each member of the staff of a juvenile detention facility
10021029 shall satisfactorily complete a training program provided or
10031030 approved by the Office of Juvenile Affairs.
10041031 K. Whenever a juvenile is placed in any adult jail, adult
10051032 lockup, adult detention facility or other adult facility, the Office
10061033 of Juvenile Affairs shall have access to all facilities which detain
10071034 such juveniles and shall have access to any data regarding such
10081035 juveniles. The Office of Juvenile Affairs shall have access to a ll
10091036 adult jails, adult lockups, adult detention facilities or other
10101037 adult facilities in this state, including all data maintained by
1011-such facilities, to assure compliance with this secti on. The Board
1012-of Juvenile Affairs shall promulgate rules as necessary to implement
1013-the provisions of this section.
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1065+such facilities, to assure compliance with this section. The Board
1066+of Juvenile Affairs shall promulgate rules as necessary to implement
1067+the provisions of this section.
10401068 SECTION 3. AMENDATORY 10A O.S. 2021, Section 2 -3-103, as
10411069 amended by Section 1, Chapter 242, O.S.L. 2022 (10A O.S. Supp. 2024,
10421070 Section 2-3-103), is amended to read as follows:
10431071 Section 2-3-103. A. Provision shall be made for the temporary
10441072 detention of children in a juvenile detention facility or the court
10451073 may arrange for the care and custody of such children temporarily in
10461074 private homes, subject to the supervision of the court, or the co urt
10471075 may provide shelter or may enter into a contract with any
10481076 institution or agency to receive, for temporary care and custody,
10491077 children within the jurisdiction of the court. The Office of
10501078 Juvenile Affairs shall not be ordered to provide detention unless
10511079 said Office has designated and is operating detention services or
10521080 facilities.
10531081 B. County sheriffs of the arresting agency, their designee, any
10541082 peace officer, private contractors under contract with the Office of
10551083 Juvenile Affairs for transportation services , or juvenile court
10561084 officers shall provide for the transportation of juveniles to and
10571085 from secure detention for purposes of admission, interfacility
10581086 transfer, discharge, medical or dental attention, court appearance,
10591087 or placement designated by the Office. No private contract for
10601088 transportation services shall be entered into by the Office unless
1061-the private contractor demonstrates to t he satisfaction of the
1062-Office that such contractor is able to obtain insurance or provide
1063-self-insurance to indemnify the Office against possible lawsuits and
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1116+the private contractor demonstrates to the satisfaction of the
1117+Office that such contractor is able to obtain insurance or provide
1118+self-insurance to indemnify the Of fice against possible lawsuits and
10901119 meets the requirements of subparagraphs a, b and d of paragraph 4 of
10911120 subsection C of this section. The Office of Juvenile Affairs shall
10921121 not be ordered to provide transportation for a juvenile who is
10931122 detained in or is des tined for secure detention. The Office of
10941123 Juvenile Affairs shall provide reimbursement to the entity
10951124 transporting juveniles for necessary and actual expenses for
10961125 transporting juveniles who are detained in or destined for a secure
10971126 detention center as follo ws:
10981127 1. A fee for the cost of personal services at the rate of
10991128 Seventeen Dollars ($17.00) per hour;
11001129 2. Mileage reimbursement for each mile actually traveled at the
11011130 rate established in the State Travel Reimbursement Act;
11021131 3. Meals for transporting personne l, not to exceed Ten Dollars
11031132 ($10.00) per meal; and
11041133 4. Meals for juveniles being transported, not to exceed Ten
11051134 Dollars ($10.00) per meal.
11061135 The Office of Juvenile Affairs shall process and mail
11071136 reimbursement claims within sixty (60) days of receipt. Payme nts
11081137 for services provided by a county sheriff's office shall be paid to
11091138 the county and deposited in the service fee account of the sheriff.
1110-C. 1. All juvenile detention facilities shall be certified by
1111-the Office of Juvenile Affairs. To be certified, a juvenile
1112-detention facility shall be required to meet standards for
1113-certification promulgated by the Board of Juvenile Affairs.
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1166+C. 1. All juvenile detention facilities shall be certified by
1167+the Office of Juvenile Affairs. To be certified, a juvenile
1168+detention facility shall be required to meet standards for
1169+certification promulgated by the Board of Juvenile Affairs.
11401170 2. The board of county commissioners of every county shall
11411171 provide for the temporary detention of a child who is or who may be
11421172 subject to secure detention and may construct a building or rent
11431173 space for such purpose. The boards of county commissioners shall
11441174 provide for temporary detention services and facilities in
11451175 accordance with the provisions of the State Plan for the
11461176 Establishment of Juvenile Detention Services adopted pursuant to
11471177 subsection D of this section and in accordance with subsections A
11481178 and C of Section 2-7-608 of this title. The boards of county
11491179 commissioners are hereby authorized to create multicounty trust
11501180 authorities for the purpose of operating juvenile detention
11511181 facilities.
11521182 3. In order to operate the juvenile detention facilities
11531183 designated in the State Plan for the Establishment of Juvenile
11541184 Detention Services and in subsections A and C of Section 2 -7-608 of
11551185 this title, the boards of county commissioners in the designated
11561186 host counties shall:
11571187 a. operate the juvenile detention facility through a
11581188 statutorily constituted juvenile bureau subject to the
11591189 supervision of the district court, or
1160-b. operate the juvenile detention facility by employing a
1161-manager who may employ personnel and incur other
1162-expenses as may be necessary for its operation and
1163-maintenance, or
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1217+b. operate the juvenile det ention facility by employing a
1218+manager who may employ personnel and incur other
1219+expenses as may be necessary for its operation and
1220+maintenance, or
11901221 c. contract with a public agency, private agency,
11911222 federally recognized tribe, or single or multi -county
11921223 trust authority for the operation of the juvenile
11931224 detention facility. In the event any board of county
11941225 commissioners contracts with a public or private
11951226 agency or a federally recognized tribe, pursuant to
11961227 the provisions of this section, the Office is
11971228 authorized to directly contract with and pay such
11981229 public or private agency or federally recognized tribe
11991230 for provision of detention services. Any contract
12001231 with a federally recognized tribe shall become
12011232 effective upon approval by the board of county
12021233 commissioners.
12031234 4. Management contracts for privately operated detention
12041235 facilities shall be negotiated with the firm found most qualified by
12051236 the board of county commissioners. However, no private management
12061237 contract shall be entered into by the board unless the private
12071238 contractor demonstrates to the satisfaction of the board:
1208-a. that the contractor has the qualifications,
1209-experience, and personnel n ecessary to implement the
1210-terms of the contract,
1211-b. that the financial condition of the contractor is such
1212-that the term of the contract can be fulfilled,
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1266+a. that the contractor has the qualifications,
1267+experience, and personnel necessary to implement the
1268+terms of the contract,
1269+b. that the financial condition of the contractor is such
1270+that the term of the contract can be fulfilled,
12391271 c. that the ability of the contractor to obtain insurance
12401272 or provide self-insurance to indemnify the county
12411273 against possible lawsuits and to compensate the county
12421274 for any property damage or expenses incurred due to
12431275 the private operation of the juvenile detention
12441276 facility, and
12451277 d. that the contractor has the ability to comply with
12461278 applicable court orders and rules of the Office of
12471279 Juvenile Affairs.
12481280 5. All counties to be served by a secure juvenile detention
12491281 facility may, upon t he opening of such facility, contract with the
12501282 operators for the use of the facility for the temporary detention of
12511283 children who are subject to secure detention; provided, however, a
12521284 jail, adult lockup, or other adult detention facility may be used
12531285 for the secure detention of a child as provided for in Section 2 -3-
12541286 101 of this title.
12551287 6. Expenses incurred in carrying out the provisions of this
12561288 section shall be paid from the general fund of the county or from
12571289 other public funds lawfully appropriated for such purposes or from
1258-private funds that are available for such purposes. No order shall
1259-be made for detained, or previously detained, y outh, parents, or
1260-guardian of the youth to pay the ex penses incurred. A county may
1261-also issue bonds for the construction of detention facilities.
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1317+private funds that are available for such purposes. No order shall
1318+be made for detained, or previously detained, youth, parents, or
1319+guardian of the youth to pay the expenses incurred. A county may
1320+also issue bonds for the construction of detention facilities.
12881321 7. The operation of a juvenile detention facility by a county
12891322 shall constitute a quasi -judicial function and is also hereby
12901323 declared to be a function of the State of Oklahoma for purposes of
12911324 the Eleventh Amendment to the United Stat es Constitution. In
12921325 addition, no contract authorized by the provisions of this section
12931326 for the providing of transportation services or for the operation of
12941327 a juvenile detention facility shall be awarded until the contractor
12951328 demonstrates to the satisfactio n of the county that the contractor
12961329 has obtained liability insurance with the limits specified by The
12971330 Governmental Tort Claims Act against lawsuits arising from the
12981331 operation of the juvenile detention facility by the contractor, or
12991332 if the contract is for t he providing of transportation services, the
13001333 contractor has obtained liability insurance with the limits
13011334 specified by The Governmental Tort Claims Act against lawsuits
13021335 arising from the transportation of juveniles as authorized by
13031336 subsection A of this secti on.
13041337 D. The Board of Juvenile Affairs, from monies appropriated for
13051338 that purpose, shall develop, adopt, and implement a plan for secure
13061339 juvenile detention services and alternatives to secure detention, to
13071340 be known as the State Plan for the Establishment of Juvenile
1308-Detention Services, which shall provide for the establishment of
1309-juvenile detention facilities and services with due regar d for
1310-appropriate geographical distribution and exist ing juvenile
1311-detention programs operated by statutorily constituted juvenile
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1368+Detention Services, which shall provide for the establishment of
1369+juvenile detention facilities and services with due regard for
1370+appropriate geographical distribution and existing juvenile
1371+detention programs operated by statutorily constituted juv enile
13381372 bureaus. Said plan may be amended or modified by the Board as
13391373 necessary and appropriate. Until said plan is adopted by the Board,
13401374 the plan adopted by the Commission for Human Services shall remain
13411375 in effect.
13421376 1. The Board of Juvenile Affairs shall establish procedures for
13431377 the letting of contracts or grants, including grants to existing
13441378 juvenile detention programs operated by statutorily constituted
13451379 juvenile bureaus, and the conditions and requirements for the
13461380 receipt of said grants or contracts for juvenile detention services
13471381 and facilities as provided in this section and Section 2 -7-401 of
13481382 this title. A copy of such procedures shall be made available to
13491383 any member of the general public upon request. All such grants or
13501384 contracts shall require the p articipation of local resources in the
13511385 funding of juvenile detention facilities. A contract for services
13521386 shall be based upon a formula approved by the Board which shall set
13531387 the contract amount in accordance with the services offered and the
13541388 degree of compliance with standards for certification.
13551389 2. The Board of Juvenile Affairs shall establish standards for
13561390 the certification of detention services and juvenile detention
13571391 facilities. Such standards may include, but not be limited to:
1358-screening for detention; education and recreation opportunities for
1359-juveniles in secure detention; and accreditation by the American
1360-Correctional Associatio n. As a condition of continuing eligibility
1361-for grants or contracts, secure juvenile detention services and
13621392
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1393+HB1480 HFLR Page 28
1394+BOLD FACE denotes Committee Amendments. 1
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1419+screening for detention; education and recreation opportunities for
1420+juveniles in secure detention; and accreditation by the American
1421+Correctional Association. As a condition of continuing eligibility
1422+for grants or contracts, secure juvenile detention services and
13881423 facilities shall be certified by the Board within two (2) years of
13891424 the date of the initial grant or contract.
13901425 E. The State Department of Health, with the assistance of the
13911426 Office of Juvenile Affairs, shall establish standards for the
13921427 certification of jails, adult lockup s, and adult detention
13931428 facilities used to detain juveniles. Such standards shall include
13941429 but not be limited to: separation of juveniles from adults;
13951430 supervision of juveniles; and health and safety measures for
13961431 juveniles. The Department of Health is auth orized to inspect any
13971432 jail, adult lockup, or adult detention facility for the purpose of
13981433 determining compliance with such standards. No jail, adult lockup,
13991434 or other adult detention facility shall be used to detain juveniles
14001435 unless such jail, adult lockup, or other adult detention facility
14011436 complies with the standards established by the Department of Health
14021437 and is designated as a place for the detention of juveniles by the
14031438 judge having juvenile docket responsibility in the county from a
14041439 list of eligible faci lities supplied by the Department of Health.
14051440 The development and approval of the standards provided for in
14061441 this paragraph shall comply with the provisions of the
14071442 Administrative Procedures Act.
1408-F. The State Board of Health shall promulgate rules providing
1409-for the routine recording and reporting of the use of any adult
1410-jail, lockup or other adult facility for the detention of any person
1411-under the age of eighteen (18).
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1444+HB1480 HFLR Page 29
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1470+F. The State Board of Health shall promulgate rules providing
1471+for the routine recording and reporting of the use of any adult
1472+jail, lockup or other adult facility for the detention of any person
1473+under the age of eighteen (18).
14381474 1. For the purpose of ensuring the uniformity and compatibility
14391475 of information related to the detention of persons under age
14401476 eighteen (18), said rules shall be reviewed and approved by the
14411477 Oklahoma Commission on Children and Youth prior to their adoption by
14421478 the Board; and
14431479 2. Records of detention shall be reviewed during each routine
14441480 inspection of adult jails, lockups or other adult detention
14451481 facilities inspected by the State Department of Health and a
14461482 statistical report of said detentions shall be submitted to the
14471483 Office of Juvenile Affairs at least every six (6) months in a form
14481484 approved by the Board of Juvenile Affairs.
14491485 SECTION 4. This act shall become effective November 1, 2025.
1450-Passed the House of Repre sentatives the 3rd day of March, 2025.
14511486
1452-
1453-
1454-
1455- Presiding Officer of the House
1456- of Representatives
1457-
1458-
1459-Passed the Senate the ___ day of __________, 2025.
1460-
1461-
1462-
1463-
1464- Presiding Officer of the Senate
1465-
1466-
1487+COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
1488+OVERSIGHT, dated 02/26/2025 - DO PASS, As Amended and Coauthored.