1 | 1 | | |
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2 | 2 | | SENATE BILL 718 |
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3 | 3 | | By Taylor |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 797 |
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6 | 6 | | By Vaughan |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0797 |
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10 | 10 | | 002332 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 37, |
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14 | 14 | | relative to juveniles. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 37, Chapter 1, Part 1, is amended by |
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18 | 18 | | adding the following as a new section: |
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19 | 19 | | (a) As used in this section, "approved detention facility" means a detention |
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20 | 20 | | facility used for detention of juveniles, including a detention home or center for |
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21 | 21 | | delinquent children that is under the control, direction, or supervision of the court or other |
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22 | 22 | | public authority or private agency approved by the court. Any such detention center and |
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23 | 23 | | operator must be approved, certified, or licensed by the department of children's |
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24 | 24 | | services, including a youth development center. |
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25 | 25 | | (b) In a county that has provided an approved detention facility to meet the |
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26 | 26 | | needs for care of children under the jurisdiction of the juvenile court or detained by order |
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27 | 27 | | of the juvenile court pending an investigation or hearing and disposition, the juvenile |
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28 | 28 | | court is required to use and assume direct supervision, control, and direction of the |
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29 | 29 | | approved detention facility as the primary detention facility for detention of juveniles |
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30 | 30 | | under the court's jurisdiction or arrange with a licensed institution, agency, or the |
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31 | 31 | | department of children's services to manage the facility or to receive temporary care and |
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32 | 32 | | custody of children within the jurisdiction of the court. |
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33 | 33 | | (c) Consistent with the public purposes set forth in ยง 37-1-101, if a juvenile court |
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34 | 34 | | conducts a child custody, detention, or adjudicatory proceeding, then the court must use |
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35 | 35 | | for the proceeding a dedicated courtroom provided by the county that is closest in |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 002332 |
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39 | 39 | | |
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40 | 40 | | proximity to the approved detention facility provided by the county, as long as the |
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41 | 41 | | courtroom substantially complies with the administrative office of the courts' minimum |
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42 | 42 | | courtroom security requirements. It is the purpose of this section to minimize the |
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43 | 43 | | humiliation of a child in custody or detention from public exposure and the use of |
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44 | 44 | | restraints that may occur from unnecessary vehicular transportation of the child. This |
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45 | 45 | | section does not replace the provisions in the Tennessee Rules of Juvenile Procedure |
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46 | 46 | | pertaining to confidentiality of proceedings and the use of contemporaneous audio-visual |
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47 | 47 | | transmissions. |
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48 | 48 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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