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Chapter 6:
State Statutes Governing the Transfer of
Juveniles to the Adult Court System

Juveniles in Adult Prisons and Jails.
A National Assessment
By James Austin Ph.D.
Kelly Dedel Johnson, Ph.D.
Maria Gregoriou, M.A.
October 2000

GORSKI-CENAPS Web Publications (www.tgorski.com)
Published On: June 10, 2001          Updated On: August 07, 2001
© Terence T. Gorski, 2001

Alabama

Section 12-15-61 (1999)

(d) A child alleged or adjudicated to be delinquent may be detained in a jail or other facility for the detention of adults for not more than 7 days pursuant to a court order and only if all of the following conditions are met: (i) the detention is approved by the official or officer in charge of the jail; (ii) the jail contains, at the time of the order, an available room in which the child can be detained separate and removed from all contact with adult inmates; and (iii) adequate supervision is available at the time detention in the jail is ordered. A child who has been transferred for criminal prosecution, or who is no longer subject to the juvenile court's jurisdiction shall be detained as an adult. 

(e) Except as provided in subsection (d), the official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a child, who is or appears to be a child as defined by this chapter, is received at the facility, and shall deliver the child to the court upon request or transfer him or her to a detention facility designated by the court.

Negligence 

Even though county had no duty initially to provide cells for the detention of juvenile offenders in the jail used for confinement of adults, once county voluntarily undertook this duty, it thereafter was charged with the duty of acting with due care. Keeton v. Fayette County, 558 So. 2d 884 (Ala. 1989). 

Alaska

Alaska Stat. Station 47.12.240 (1999)  Detention of minors 

(a) When the court commits a minor to the custody of the department, the department shall arrange to place the minor in a detention home, work camp, or another suitable place that the department designates for that purpose. 

(b) Except when detention in a correctional facility is authorized by (c) of this section, the minor may not be incarcerated in a correctional facility that houses adult prisoners.

(c) Notwithstanding (a) of this section, a minor may be incarcerated in a correctional facility 

(1) if the minor is the subject of a petition filed with the court under this chapter seeking adjudication of the minor as a delinquent minor or if the minor is in official detention pending the filing of that petition; however, detention in a correctional facility under this paragraph may not exceed the lesser of 

--(A) six (6) hours; or 

--(B) the time necessary to arrange the minor's transportation to a juvenile detention home or comparable facility for the detention of minors; 

(2) if, in response to a petition of delinquency filed under this chapter, the court has entered an order closing the case under AS 47.12.100(a), allowing the minor to be prosecuted as an adult; 

(3) if the incarceration constitutes a protective custody detention of the minor that is authorized by AS 47.37.170(b); or 

(4) if the minor is at least 16 years of age and the court has entered an order under AS 47.12.160(e) imposing an adult sentence and transferring custody of the minor to the Department of Corrections. 

(d) When a minor is detained under (c)(1) or (3) of this section and incarcerated in a correctional facility, the minor shall be 

(1) assigned to quarters in the correctional facility that are separate from quarters used to house adult prisoners so that the minor cannot communicate with or view adults who are in official detention; 

(2) provided admission, health care, hygiene, and food services and recreation and visitation opportunities separate from services and opportunities provided to adults who are in official detention. 

(e) Notwithstanding the limitation on detention set out in (c)(1) of this section, a minor whose detention is authorized by (c)(1) of this section may be detained in a correctional facility for more than six (6) hours if transportation to a juvenile detention home or comparable facility for the detention of minors is not available. 

Arizona

Section 8-305 

[A] juvenile who is convicted in a jail or lockup in which adults are confined shall be kept in a physically separate section from any adult who is charged with or convicted of a criminal offense, and no sight or sound contact between the juvenile and any charged or convicted adult is permitted, except to the extent authorized under federal laws or regulations.  

Arkansas

Section 9-27-336 (1997)

(2) A juvenile alleged to have committed a delinquent act may be held in an adult jail or lockup for up to six (6) hours for purposes of identification, processing, or arranging for release or transfer to an alternative facility, provided he is separated by sight and sound from adults who are pretrial detainees or convicted persons. A holding for those purposes shall be limited to the minimum time necessary and shall not include travel time for transporting the juvenile to the alternative facility; or 

(3) (A) A juvenile alleged to have committed a delinquent act who is awaiting an initial appearance before a judge may be held in an adult jail or lockup for up to twenty-four (24) hours, excluding weekends and holidays, provided the following conditions exist: 

(i) The alleged act would be a misdemeanor or a felony if committed by an adult or is a violation of Section 5-73-119; and 

(ii) The geographical area having jurisdiction over the juvenile is outside a metropolitan statistical area pursuant to the United States Bureau of the Census' current designation; and 

(iii) No acceptable alternative placement for the juvenile exists; and 

(iv) The juvenile is separated by sight and sound from adults who are pretrial detainees or convicted persons. 

(B) (i) A juvenile awaiting an initial appearance and being held in an adult jail or lockup pursuant to the twenty-four-hour exception, as provided in subdivision (b)(3)(A) of this section, may be held for an additional period, not to exceed twenty-four (24) hours, provided that the following conditions exist: 

(a) The conditions of distance to be traveled or the lack of highway, road, or other ground transportation do not allow for court appearances within twenty-four (24) hours; and

(b) All the conditions in subdivision (b)(3)(A) of this section exist; 

(ii) Criteria will be adopted by the Governor or his designee to establish what distance, highway or road conditions, or ground transportation limitations will provide a basis for holding a juvenile in an adult jail or lockup under this exception. 

(c) Except as provided in subsection (e) of this section, nothing in this subchapter is intended to prohibit the use of juvenile detention facilities which are attached to or adjacent to adult jails or lockups, provided the facilities are designed and used in accordance with federal and state guidelines and restrictions. 

(d) A detention facility shall not release a serious offender for a less serious offender, except by order of the judge who committed the more serious offender. 

(e) Provided, however, that upon petition by the quorum court of any county, the Governor may waive the requirements of subsections (b) and (c) of this section and any other provision of state law, state jailing standards, and state regulations limiting the detention of juveniles in adult facilities, subject to the following restrictions: 

(1) The authority to grant such a waiver will expire on March 31, 1997; and 

(2) Such waivers may be granted only for periods of up to six (6) months, but may be renewed for successive six-month periods, provided all such waivers shall expire on March 31, 1997; and 

(3) Such waivers shall be available only if a county: 

(A) Is making a good faith effort to provide a juvenile detention facility that otherwise complies with state law and regulations for detaining juveniles in a juvenile detention facility and has entered into a written agreement with another county or counties for that specific purpose; or

(B) Has a juvenile detention facility located in that county, but certifies that no further bed capacity is available or will be available within a reasonable period of time, and certifies that the county will increase the bed capacity of its facility by March 31, 1997; and  

(4) Such waivers shall not permit detaining juveniles in the same cell or within physical reach of adults who are pretrial detainees or convicted persons. 

California

Cal Wel & Inst Code Section 207.1 (1999)  Detention of minor in adult facility 

(a) No court, judge, referee, peace officer, or employee of a detention facility shall knowingly detain any minor in a jail or lockup, except as provided in subdivision (b) or (d). 

(b) Any minor who is alleged to have committed an offense described in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707 whose case is transferred to a court of criminal jurisdiction pursuant to Section 707.1 after a finding is made that he or she is not a fit and proper subject to be dealt with under the juvenile court law, or any minor who has been charged directly in or transferred to a court of criminal jurisdiction pursuant to Section 707.01, may be detained in a jail or other secure facility for the confinement of adults if all of the following conditions are met: 

(1) The juvenile court or the court of criminal jurisdiction makes a finding that the minor's further detention in the juvenile hall would endanger the safety of the public or would be detrimental to the other minors in the juvenile hall. 

(2) Contact between the minor and adults in the facility is restricted in accordance with Section 208. 

(3) The minor is adequately supervised. 

(c) A minor who is either found not to be a fit and proper subject to be dealt with under the juvenile court law or who will be transferred to a court of criminal jurisdiction pursuant to Section 707.01, at the time of transfer to a court of criminal jurisdiction or at the conclusion of the fitness hearing, as the case may be, shall be entitled to be released on bail or on his or her own recognizance upon the same circumstances, terms, and conditions as an adult who is alleged to have committed the same offense. 

(d) (1) A minor fourteen (14) years of age or older who is taken into temporary custody by a peace officer on the basis of being a person described by Section 602, and who, in the reasonable belief of the peace officer, presents a serious security risk of harm to self or others, may be securely detained in a law enforcement facility that contains a lockup for adults, if all of the following conditions are met: 

(A) The minor is held in temporary custody for the purpose of investigating the case, facilitating release of the minor to a parent or guardian, or arranging transfer of the minor to an appropriate juvenile facility. 

(B) The minor is detained in the law enforcement facility for a period that does not exceed six (6) hours except as provided in subdivision (f). 

(C) The minor is informed at the time he or she is securely detained of the purpose of the secure detention, of the length of time the secure detention is expected to last, and of the maximum six-hour period the secure detention is authorized to last. In the event an extension is granted pursuant to subdivision (f), the minor shall be informed of the length of time the extension is expected to last. 

(D) Contact between the minor and adults confined in the facility is restricted in accordance with Section 208. 

(E) The minor is adequately supervised. 

(F) A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention of the minor in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. 

(2) Any other minor, other than a minor to which paragraph (1) applies, who is taken into temporary custody by a peace officer on the basis that the minor is a person described by Section 602 may be taken to a law enforcement facility that contains a lockup for adults and may be held in temporary custody in the facility for the purposes of investigating the case, facilitating the release of the minor to a parent or guardian, or arranging for the transfer of the minor to an appropriate juvenile facility. While in the law enforcement facility, the minor may not be securely detained and shall be supervised in a manner so as to ensure that there will be no contact with adults in custody in the facility. If the minor is held in temporary, nonsecure custody within the facility, the peace officer shall exercise one of the dispositional options authorized by Sections 626 and 626.5 without unnecessary delay and, in every case, within six (6) hours. 

(3) "Law enforcement facility," as used in this subdivision, includes a police station or a sheriff's station, but does not include a jail, as defined in subdivision (i). 

(e) The Board of Corrections shall assist law enforcement agencies, probation departments, and courts with the implementation of this section by doing all of the following: 

(1) The board shall advise each law enforcement agency, probation department, and court affected by this section as to its existence and effect. 

(2) The board shall make available and, upon request, shall provide technical assistance to each governmental agency that reported the confinement of a minor in a jail or lockup in calendar year 1984 or 1985. The purpose of this technical assistance is to develop alternatives to the use of jails or lockups for the confinement of minors. These alternatives may include secure or nonsecure facilities located apart from an existing jail or lockup, improved transportation or access to juvenile halls or other juvenile facilities, and other programmatic alternatives recommended by the board. The technical assistance shall take any form the board deems appropriate for effective compliance with this section. 

(f) (1) (A) Under the limited conditions of inclement weather, acts of God, or natural disasters that result in the temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision (d) may be granted to a county by the Board of Corrections. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall not exceed the duration of the special conditions, plus a period reasonably necessary to accomplish transportation of the minor to a suitable juvenile facility, not to exceed six hours after the restoration of available transportation. 

(B) A county that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (d). The county also shall provide a written report to the board that specifies when the inclement weather, act of God, or natural disaster ceased to exist, when transportation availability was restored, and when the minor was delivered to a suitable juvenile facility. If the minor was detained in excess of twenty-four (24) hours, the board shall verify the information contained in the report. 

(2) Under the limited condition of temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision (d) may be granted by the board to an offshore law enforcement facility. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall extend only until the next available mode of transportation can be arranged. 

An offshore law enforcement facility that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (d). The facility also shall provide a written report to the board that specifies when the next mode of transportation became available, and when the minor was delivered to a suitable juvenile facility. If the minor was detained in excess of twenty-four (24) hours, the board shall verify the information contained in the report. 

(3) At least annually, the board shall review and report on extensions sought and granted under this subdivision. If, upon that review, the board determines that a county has sought one or more extensions resulting in the excessive confinement of minors in adult facilities, or that a county is engaged in a pattern and practice of seeking extensions, it shall require the county to submit a detailed explanation of the reasons for the extensions sought and an assessment of the need for a conveniently located and suitable juvenile facility. Upon receiving this information, the board shall make available, and the county shall accept, technical assistance for the purpose of developing suitable alternatives to the confinement of minors in adult lockups. 

(g) Any county that did not have a juvenile hall on January 1, 1987, may establish a special purpose juvenile hall, as defined by the Board of Corrections, for the detention of minors for a period not to exceed 96 hours. Any county that had a juvenile hall on January 1, 1987, also may establish, in addition to the juvenile hall, a special purpose juvenile hall. The board shall prescribe minimum standards for that type of facility. 

(h) No part of a building or a building complex that contains a jail may be converted or utilized as a secure juvenile facility unless all of the following criteria are met: 

(1) The juvenile facility is physically, or architecturally, separate and apart from the jail or lockup such that there could be no contact between juveniles and incarcerated adults. 

(2) Sharing of nonresidential program areas only occurs where there are written policies and procedures that assure that there is time-phased use of those areas that prevents contact between juveniles and incarcerated adults. 

(3) The juvenile facility has a dedicated and separate staff from the jail or lockup, including management, security, and direct care staff. Staff who provide specialized services such as food, laundry, maintenance, engineering, or medical services, who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults, may serve both populations. 

(4) The juvenile facility complies with all applicable state and local statutory, licensing, and regulatory requirements for juvenile facilities of its type. 

(i) (1) "Jail," as used in this chapter, means a locked facility administered by a law enforcement or governmental agency, the purpose of which is to detain adults who have been charged with violations of criminal law and are pending trial, or to hold convicted adult criminal offenders sentenced for less than one year. 

(2) "Lockup," as used in this chapter, means any locked room or secure enclosure under the control of a sheriff or other peace officer that is primarily for the temporary confinement of adults upon arrest. 

(3) "Offshore law enforcement facility," as used in this section, means a sheriff's station containing a lockup for adults that is located on an island located at least 22 miles from the California coastline. 

(j) Nothing in this section shall be deemed to prevent a peace officer or employee of an adult detention facility or jail from escorting a minor into the detention facility or jail for the purpose of administering an evaluation, test, or chemical test pursuant to Section 23157 of the Vehicle Code, if all of the following conditions are met: 

(1) The minor is taken into custody by a peace officer on the basis of being a person described by Section 602 and there is no equipment for the administration of the evaluation, test, or chemical test located at a juvenile facility within a reasonable distance of the point where the minor was taken into custody. 

(2) The minor is not locked in a cell or room within the adult detention facility or jail, is under the continuous, personal supervision of a peace officer or employee of the detention facility or jail, and is not permitted to come in contact or remain in contact with in-custody adults. 

(3) The evaluation, test, or chemical test administered pursuant to Section 23157 of the Vehicle Code is performed as expeditiously as possible, so that the minor is not delayed unnecessarily within the adult detention facility or jail. Upon completion of the evaluation, test, or chemical test, the minor shall be removed from the detention facility or jail as soon as reasonably possible. No minor shall be held in custody in an adult detention facility or jail under the authority of this paragraph in excess of two hours.

Cal Wel & Inst Code Section 208.5 (1999) 

Detention of minors in juvenile facility until age 19 

Notwithstanding any other provision of law, in any case in which a minor who is detained in or committed to a county institution established for the purpose of housing juveniles attains the age of 18 prior to or during the period of detention or confinement he or she may be allowed to come or remain in contact with those juveniles until the age of 19, at which time he or she, upon the recommendation of the probation officer, shall be delivered to the custody of the sheriff for the remainder of the time he or she remains in custody, unless the juvenile court orders continued detention in a juvenile facility. The person shall be advised of his or her ability to petition the court for continued detention in a juvenile facility at the time of his or her attainment of the age of 19. Notwithstanding any other provision of law, the sheriff may allow such a person to come into and remain in contact with other adults in the county jail or in any other county correctional facility in which he or she is housed.

Colorado

C.R.S. 19-2-508 (1998) Detention and shelter, hearing, time limits, confinement with adult  offenders, restrictions

(4) (a) No jail shall receive a juvenile for detention following a detention hearing pursuant to this section unless the juvenile has been ordered by the court to be held for criminal proceedings as an adult pursuant to a transfer or unless the juvenile is to be held for criminal proceedings as an adult pursuant to a direct filing. No juvenile under the age of fourteen (14) and, except upon order of the court, no juvenile fourteen (14) years of age or older shall be detained in a jail, lockup, or other place used for the confinement of adult offenders. The exception for detention in a jail shall be used only if the juvenile is being held for criminal proceedings as an adult pursuant to a direct filing or transfer. 

(b) Whenever a juvenile is held pursuant to a direct filing or transfer in a facility where adults are held, the juvenile shall be physically segregated from the adult offenders. 

(c) The official in charge of a jail or other facility for the detention of adult offenders shall immediately inform the court that has jurisdiction of the juvenile's alleged offense when a juvenile who is or appears to be under 18 years of age is received at the facility, except for a juvenile ordered by the court to be held for criminal proceedings as an adult. 

(d) Any juvenile arrested and detained for an alleged violation of any article of title 42, C.R.S., or for any alleged violation of a municipal or county ordinance, and not released on bond, shall be taken before a judge with jurisdiction of such violation within forty-eight (48) hours for the fixing of bail and conditions of bond pursuant to subparagraph (IV) of paragraph (a) of subsection (3) of this section. Such juvenile shall not be detained in a jail, lockup, or other place used for the confinement of adult offenders for longer than six (6) hours, and in no case overnight, for processing only, after which the juvenile may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time under this subsection (4), Saturdays, Sundays, and legal holidays shall be included. 

(e) The official in charge of a jail, lockup, or other facility for the confinement of adult offenders that receives a juvenile for detention should, wherever possible, take such measures as are reasonably necessary to restrict the confinement of any such juvenile with known past or current affiliations or associations with any gang so as to prevent contact with other inmates at such jail, lockup, or other facility. The official should, wherever possible, also take such measures as are reasonably necessary to prevent recruitment of new gang members from among the general inmate population. For purposes of this paragraph (e), "gang" is defined in section 19-1-103 (52). 

(f) Any person who is eighteen (18) years of age or older who is being detained for a delinquent act or criminal charge over which the juvenile court has jurisdiction shall be detained in the county jail in the same manner as if such person is charged as an adult. 

Connecticut

Conn. Gen. Stat. Section 46b-133c (1997)

(f) Whenever a proceeding has been designated a serious juvenile repeat offender prosecution and the child does not waive his right to a trial by jury, the court shall transfer the case from the docket for juvenile matters to the regular criminal docket of the Superior Court. Upon transfer, such child shall stand trial and be sentenced, if convicted, as if he were sixteen (16) years of age, except that no such child shall be placed in a correctional facility but shall be maintained in a facility for children and youth until he attains sixteen (16) years of age or until he is sentenced, whichever occurs first. 

Delaware

10 Del. C. Section 1009 (1998) 

Adjudication, disposition following adjudication, commitment to custody of Department of Services for Children, Youth and Their Families, effect 

(2) No dependent or neglected child shall be placed in a secure detention facility or a secure correctional facility unless charged with or found to have committed a delinquent act. No child shall be placed in an adult correctional or adult detention facility. 

Florida

Fla. Stat. Section 951.23 (1998)  County and municipal detention facilities, definitions, administration, standards and requirements

(a) There shall be established a five-member working group consisting of three persons appointed by the Florida Sheriffs' Association and two persons appointed by the Florida Association of Counties to develop model standards for county and municipal detention facilities. By October 1, 1996, each sheriff and chief correctional officer shall adopt, at a minimum, the model standards with reference to:

(2) The confinement of prisoners by classification and providing, whenever possible, for classifications which separate males from females, juveniles from adults.

Fla. Stat. Section 985.211 (1998)  Release or delivery from custody

(5) Upon taking a child into custody, a law enforcement officer may deliver the child, for temporary custody not to exceed 6 hours, to a secure booking area of a jail or other facility intended or used for the detention of adults, for the purpose of fingerprinting or photographing the child or awaiting appropriate transport to the department or the appropriate juvenile probation officer or detention facility or center, provided no regular sight and sound contact between the child and adult inmates or trustees is permitted and the receiving facility has adequate staff to supervise and monitor the child's activities at all times.

Fla. Stat. Station 985.215 (1998) Detention

Under no circumstances shall the juvenile probation officer or the state attorney or law enforcement officer authorize the detention of any child in a jail or other facility intended or used for the detention of adults, without an order of the court.

(3) Except in emergency situations, a child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless the adult is alleged or believed to be involved in the same offense or transaction as the child. 

(4) The court shall order the delivery of a child to a jail or other facility intended or used for the detention of adults: 

(a) When the child has been transferred or indicted for criminal prosecution as an adult pursuant to this part, except that the court may not order or allow a child alleged to have committed a misdemeanor who is being transferred for criminal prosecution to be detained or held in a jail or other facility intended or used for the detention of adults; however, such child may be held temporarily in a detention facility; or 

(b) When a child taken into custody in this state is wanted by another jurisdiction for prosecution as an adult. The child shall be housed separately from adult inmates to prohibit a child from having regular contact with incarcerated adults, including trustees. "Regular contact" means sight and sound contact. Separation of children from adults shall permit no more than haphazard or accidental contact. The receiving jail or other facility shall contain a separate section for children and shall have an adequate staff to supervise and monitor the child's activities at all times. Supervision and monitoring of children includes physical observation and documented checks by jail or receiving facility supervisory personnel at intervals not to exceed 15 minutes. This paragraph does not prohibit placing two or more children in the same cell. Under no circumstances shall a child be placed in the same cell with an adult. 

Georgia

Section 15-11-20 (1998)

(a) Allegation of delinquency. A child alleged to be delinquent may be detained only in: 

(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative; 

(2) A facility operated by a licensed child welfare agency; or 

(3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court. 

(b) Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-5 shall be detained pending a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the court in which the case is pending that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender. 

(c) Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 15-11-5 or following the transfer of a case to any court for criminal prosecution under Code Section 15-11-39, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender. 

(d) Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of seventeen (17) years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be thirteen (13) to seventeen (17) years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 15-11-5 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail, but may be held in a temporary holding area outside of the jail constructed as such for not longer than six (6) hours pending transfer to the detention facility. For purposes of this Code Section, the term "jail" shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported. 

Hawaii

HRS Section 571-32 (1999)  Detention, shelter, release, notice 

(d) ...If there is probable cause to believe that the child comes within section 571-11(1), the child may be securely detained in a certified police station cell block or community correctional center. The detention shall be limited to six (6) hours. In areas which are outside a standard metropolitan statistical area, the detention may be up to twenty-four (24) hours, excluding weekends and holidays, if no detention facility for juveniles is reasonably available. Any detention in a police station cell block or community correctional center shall provide for the sight and sound separation of the child from adult offenders. 

(i) The official in charge of a facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a child who is or appears to be under eighteen (18) years of age is received at the facility. 

(j) Any other provision of law to the contrary notwithstanding, any person otherwise subject to proceedings under chapter 832 and who is under the age of eighteen (18) may be confined in a detention facility or correctional facility by order of a judge for the purposes set forth in section 832-12, 832-15, or 832-17. 

(k) The department of human services through the office of youth services shall certify police station cell blocks and community correctional centers that provide sight and sound separation between children and adults in secure custody. Only cell blocks and centers certified under this subsection shall be authorized to detain juveniles. The office of youth services may develop sight and sound separation standards, issue certifications, monitor and inspect facilities for compliance, cite facilities for violations, withdraw certifications, and require certified facilities to submit such data and information as requested. In addition, the office of youth services may monitor and inspect all cell blocks and centers for compliance.  

Idaho

Section 20-509 (1998) 

(2) Once a juvenile has been formally charged or indicted according to this section or has been transferred for criminal prosecution as an adult pursuant to the waiver provisions of sec. 2-508, Idaho Code, or this section, the juvenile shall be held in a county jail or adult prison facility unless the court, after finding good cause, orders otherwise. 

Illinois

Section 705 ILCS 405/5-410 Non-secure custody or detention 

(1) Any minor arrested or taken into custody pursuant to this Act who requires care away from his or her home but who does not require physical restriction shall be given temporary care in a foster family home or other shelter facility designated by the court. 

(2) (a) Any minor 10 years of age or older arrested pursuant to this Act where there is probable cause to believe that the minor is a delinquent minor and that (i) secured custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another, (ii) the minor is likely to flee the jurisdiction of the court, or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility. No minor under 12 years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. 

(b) The written authorization of the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) constitutes authority for the superintendent of any juvenile detention home to detain and keep a minor for up to 40 hours, excluding Saturdays, Sundays, and court-designated holidays. These records shall be available to the same persons and pursuant to the same conditions as are law enforcement records as provided in Section 5-905 [705 ILCS 405/5-905]. 

(b-4) The consultation required by subsection (b-5) shall not be applicable if the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) utilizes a scorable detention screening instrument, which has been developed with input by the State's Attorney, to determine whether a minor should be detained, however, subsection (b-5) shall still be applicable where no such screening instrument is used or where the probation officer, detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) deviates from the screening instrument. 

(b-5) Subject to the provisions of subsection (b-4), if a probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) does not intend to detain a minor for an offense which constitutes one of the following offenses he or she shall consult with the State's Attorney's Office prior to the release of the minor: first degree murder, second degree murder, involuntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, aggravated battery with a firearm, aggravated or heinous battery involving permanent disability or disfigurement or great bodily harm, robbery, aggravated robbery, armed robbery, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, arson, aggravated arson, kidnaping, aggravated kidnaping, home invasion, burglary, or residential burglary. 

(c) Except as otherwise provided in paragraph (a), (d), or (e), no minor shall be detained in a county jail or municipal lockup for more than 12 hours, unless the offense is a crime of violence in which case the minor may be detained up to 24 hours. For the purpose of this paragraph, "crime of violence" has the meaning ascribed to it in Section 1-10 of the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/1-10]. 

(i) The period of detention is deemed to have begun once the minor has been placed in a locked room or cell or handcuffed to a stationary object in a building housing a county jail or municipal lockup. Time spent transporting a minor is not considered to be time in detention or secure custody. 

(ii) Any minor so confined shall be under periodic supervision and shall not be permitted to come into or remain in contact with adults in custody in the building. 

(iii) Upon placement in secure custody in a jail or lockup, the minor shall be informed of the purpose of the detention, the time it is expected to last, and the fact that it cannot exceed the time specified under this Act. 

(iv) A log shall be kept which shows the offense which is the basis for the detention, the reasons and circumstances for the decision to detain, and the length of time the minor was in detention. 

(v) Violation of the time limit on detention in a county jail or municipal lockup shall not, in and of itself, render inadmissible evidence obtained as a result of the violation of this time limit. Minors under seventeen (17) years of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to criminal law. Persons seventeen (17) years of age and older who have a petition of delinquency filed against them shall be confined in an adult detention facility. 

(d) (i) If a minor twelve (12) years of age or older is confined in a county jail in a county with a population below 3,000,000 inhabitants, then the minor's confinement shall be implemented in such a manner that there will be no contact by sight, sound, or otherwise between the minor and adult prisoners. Minors twelve (12) years of age or older must be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with confined adults. This paragraph (d)(I) shall only apply to confinement pending an adjudicatory hearing and shall not exceed 40 hours, excluding Saturdays, Sundays, and court-designated holidays. To accept or hold minors during this time period, county jails shall comply with all monitoring standards promulgated by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board. 

(ii) To accept or hold minors, twelve (12) years of age or older, after the time period prescribed in paragraph (d)(i) of this subsection (2) of this Section but not exceeding seven (7) days including Saturdays, Sundays, and holidays pending an adjudicatory hearing, county jails shall comply with all temporary detention standards promulgated by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board. 

(iii) To accept or hold minors twelve (12) years of age or older, after the time period prescribed in paragraphs (d)(i) and (d)(ii) of this subsection (2) of this Section, county jails shall comply with all programmatic and training standards for juvenile detention homes promulgated by the Department of Corrections. 

(e) When a minor who is at least fifteen (15) years of age is prosecuted under the criminal laws of this State, the court may enter an order directing that the juvenile be confined in the county jail. However, any juvenile confined in the county jail under this provision shall be separated from adults who are confined in the county jail in such a manner that there will be no contact by sight, sound, or otherwise between the juvenile and adult prisoners. 

(f) For purposes of appearing in a physical lineup, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a juvenile police officer. During such time as is necessary to conduct a lineup, and while supervised by a juvenile police officer, the sight and sound separation provisions shall not apply. 

(g) For purposes of processing a minor, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a law enforcement officer or correctional officer. During such time as is necessary to process the minor, and while supervised by a law enforcement officer or correctional officer, the sight and sound separation provisions shall not apply. 

(3) If the probation officer or State's Attorney (or such other public officer designated by the court in a county having 3,000,000 or more inhabitants) determines that the minor may be a delinquent minor as described in subsection (3) of Section 5-105 [705 ILCS 405/5-105], and should be retained in custody but does not require physical restriction, the minor may be placed in nonsecure custody for up to 40 hours pending a detention hearing. 

(4) Any minor taken into temporary custody, not requiring secure detention, may, however, be detained in the home of his or her parent or guardian subject to such conditions as the court may impose. 

Indiana

Burns Ind. Code Ann. Section 31-37-19-7 (1998)  Wardship awarded to department of correction, place of confinement

(c) The department of correction may not confine a delinquent child, except as provided in IC 11-10-2-10, at: 

(1) an adult correctional facility; or 

(2) a shelter care facility; 

that houses persons charged with, imprisoned for, or incarcerated for crimes unless the child is restricted to an area of the facility where the child may have not more than haphazard or incidental sight or sound contact with persons charged with, imprisoned for, or incarcerated for crimes.

Burns Ind. Code Ann. Section 11-10-2-10 (1998)  Transfer to adult facility or program 

(a) The commissioner may transfer a committed delinquent offender to an adult facility or program according to the following requirements: 

(1) The offender must be seventeen (17) years of age or older at the time of transfer. 

(2) The department must determine that: 

(A) either the offender is incorrigible to the degree that his presence at a facility or program for delinquent offenders is seriously detrimental to the welfare of other offenders, or the transfer is necessary for the offender's own physical safety or the physical safety of others; and 

(B) there is no other action reasonably available to alleviate the problem. 

(3) No offender may be transferred to the Indiana state prison or the Pendleton Correctional Facility. 

(b) The offender is under the full custody of the adult facility or program to which he is transferred until he is returned to a facility or program for delinquent offenders, except that his parole or discharge from the department shall be determined under IC 11-13-6. 

Iowa

Code Section 232.22 (1997)  Placement in detention 

2. Except as provided in subsection 6, a child may be placed in detention as provided in this section in one of the following facilities only: 

a. A juvenile detention home. 

b. Any other suitable place designated by the court other than a facility --under paragraph "c." 

c. A room in a facility intended or used for the detention of adults if there is probable cause to believe that the child has committed a delinquent act which if committed by an adult would be a felony, or aggravated misdemeanor under section 708.2 or 709.11, a serious or aggravated misdemeanor under section 321J.2, or a violation of section 123.46, and if all of the following apply: 

(1) The child is at least fourteen (14) years of age. 

(2) The child has shown by the child's conduct, habits, or condition that the child constitutes an immediate and serious danger to another or to the property of another, and a facility or place enumerated in paragraph "a" or "b" is unavailable, or the court determines that the child's conduct or condition endangers the safety of others in the facility. 

(3) The facility has an adequate staff to supervise and monitor the child's activities at all times. 

(4) The child is confined in a room entirely separated from detained adults, is confined in a manner which prohibits communication with detained adults, and is permitted to use common areas of the facility only when no contact with detained adults is possible. 

4. A child shall not be detained in a facility under subsection 2, paragraph "c" for a period of time in excess of six (6) hours without the oral or written order of a judge or a magistrate authorizing the detention. A judge or magistrate may authorize detention in a facility under subsection 2, paragraph "c" for a period of time in excess of six (6) hours but less than twenty-four (24) hours, excluding weekends and legal holidays, but only if all of the following occur or exist: 

a. The facility serves a geographic area outside a standard metropolitan statistical area as determined by the United States Census Bureau. 

b. The court determines that an acceptable alternative placement does not exist pursuant to criteria developed by the department of human services. 

c. The facility has been certified by the department of corrections as being capable of sight and sound separation. 

d. The child is awaiting an initial hearing before the court.

6. If the court has waived its jurisdiction over the child for the alleged commission of a forcible felony offense pursuant to section 232.45 or 232.45A, and there is a serious risk that the child may commit an act which would inflict serious bodily harm on another person, the child may be held in the county jail. However, wherever possible the child shall be held in sight and sound separation from adult offenders. A child held in the county jail under this subsection shall have all the rights of adult postarrest or pretrial detainees.  

Kansas

Section 11. K.S.A. 1997 Supp. 38-16,111 is hereby amended to read as follows: 

(A) When a juvenile who is under sixteen (16) years of age at the time of the sentencing, has been prosecuted and convicted as an adult or under the extended jurisdiction juvenile prosecution, and has been placed in the custody of the secretary of the department of corrections, the secretary shall notify the sheriff having such juvenile in custody to convey such offender at a time designated by the juvenile justice authority to a juvenile correctional facility. The commissioner shall notify the court in writing of the initial placement of the juvenile in the specific juvenile correctional facility as soon as the placement has been accomplished. The commissioner shall not permit the juvenile to remain detained in any jail for more than 72 hours, excluding Saturdays, Sundays, and legal holidays, after the commissioner has received the written order of the court placing the juvenile in the custody of the commissioner, except that, if that placement cannot be accomplished, the juvenile may remain in jail for an additional period of time, not exceeding 10 days, which is specified by the commissioner and approved by the court. 

(B) A juvenile who has been prosecuted and convicted as an adult, shall not be eligible for admission to a juvenile correctional facility. All other conditions of such juvenile offender's sentence imposed under this code, including restitution orders, may remain intact. The provisions of this subsection shall not apply to a juvenile who:

(1) is under sixteen (16) years of age at the time of the sentencing;

(2) has been prosecuted as an adult or under extended juvenile jurisdiction; and 

(3) has been placed in the custody of the secretary of corrections, requiring admission to a juvenile correctional facility pursuant to subsection (A). 

Kentucky

KRS Section 610.220 (1998)  Permitted purposes for holding child in custody, time limitation, extension 

(1) If an officer takes or receives a child into custody, the child may be held at a police station, secure juvenile detention facility, juvenile holding facility, intermittent holding facility, the offices of the court-designated worker, or, as necessary, in a hospital or clinic for the following purposes: 

(a) Identification and booking; 

(b) Attempting to notify the parents or person exercising custodial control or supervision of the child, a relative, guardian, or other responsible person; 

(c) Photographing; 

(d) Fingerprinting; 

(e) Physical examinations, including examinations for evidence; 

(f) Evidence collection, including scientific tests; 

(g) Records checks; 

(h) Determining whether the child is subject to trial as an adult; and 

(i) Other inquiries of a preliminary nature. 

(2) A child may be held in custody pursuant to this section for a period  of time not to exceed two (2) hours, unless an extension of time is granted.  Permission for an extension of time may be granted by the court, trial -- commissioner, or court-designated worker pursuant to KRS 610.200(5) (d) and the child may be retained in custody in facilities listed in subsection (1) of this section for the period of retention.

2. Separation From Adults 

There was no legal authority for the detention of a 13-year-old child in any portion of a county jail that is not physically separated from sight and sound of all other portions of the jail. Skeans v. Vanhoose, 512 S.W.2d 520 (Ky. 1974).

Louisiana  Art. 306. Places of detention; juveniles subject to criminal court jurisdiction 

A. Prior to the divesting events specified in Paragraphs A through D of Article 305, the child shall be held in custody in a juvenile detention center, except as hereinafter provided. 

B. If a detention facility for juveniles is not available, he may be held in an adult jail or lockup for identification or processing procedures or while awaiting transportation only as long as necessary to complete these activities for up to six (6) hours, except that in nonmetropolitan areas, he may be held for up to twenty-four (24) hours if all of the following occur: 

(1) The child meets the age and offense criteria set out in Article 305. 

(2) A continued custody hearing in accordance with Articles 820 and 821 is held within twenty-four (24) hours after his arrest. 

(3) There is no acceptable alternative placement to the jail or lockup in which he is being held. 

(4) The sheriff or the administrator of the adult jail or lockup has certified to the court that facilities exist providing for sight and sound separation of the juvenile from adult offenders and that he can be given continuous visual supervision while placed in the jail or lockup. 

C. If an indictment has not been returned, a bill of information filed, or a continued custody hearing not held within twenty-four (24) hours, the child held in an adult jail or lockup in a nonmetropolitan area shall be released or removed to a juvenile detention facility. 

D. If at the conclusion of the continued custody hearing, the court determines that the child meets the age requirements and that there is probable cause that the child has committed one of the offenses enumerated in Article 305, the court shall order him held for trial as an adult for the appropriate court of criminal jurisdiction. The child shall thereafter be held in any facility used for the pretrial detention of accused adults and shall apply to the appropriate court of criminal jurisdiction for a preliminary hearing, bail, and for any other rights to which he may be entitled under the Code of Criminal Procedure. 

E. If for any reason the court determines that the child is not subject to the jurisdiction of the criminal courts, it may continue him in custody only in those places authorized by Article 822. 

F. The court authorizing the detention of the child in an adult jail or lockup pursuant to Paragraph B or D of this Article shall submit a written report delineating appropriate reasons for the continued custody to the judicial administrator of the supreme court for review and shall submit copies to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice and to the sheriff or chief of police of the facility in which the child is being detained within seven (7) working days of the court's decision.

La. Ch.C. Art. 305 (1998)  Divestiture of juvenile court jurisdiction, original criminal court jurisdiction over children, when acquired 

A. (1) When a child is fifteen (15) years of age or older at the time of the commission of first degree murder, second degree murder, aggravated rape, or aggravated kidnaping, he is subject to the exclusive jurisdiction of the juvenile court until either: 

(a) An indictment charging one of these offenses is returned. 

(b) The juvenile court holds a continued custody hearing pursuant to Articles 819 and 820 and finds probable cause that he committed one of these offenses, whichever occurs first. 

(2) Thereafter, the child is subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all subsequent procedures, including the review of bail applications, and the child shall be transferred forthwith to the appropriate adult facility for detention prior to his trial as an adult. 

B. (1) When a child is fifteen (15) years of age or older at the time of the commission of any of the offenses listed in Subparagraph (2) of this Paragraph, he is subject to the exclusive jurisdiction of the juvenile court until whichever of the following occurs first: 

(a) An indictment charging one of the offenses listed in Subparagraph (2) of this Paragraph is returned. 

(b) The juvenile court holds a continued custody hearing and finds probable cause that the child has committed any of the offenses listed in Subparagraph (2) of this Paragraph and a bill of information charging any of the offenses listed in Subparagraph (2) of this Paragraph is filed. 

(2)(a) Attempted first degree murder. 

(b) Attempted second degree murder. 

(c) Manslaughter. 

(d) Armed robbery. 

(e) Aggravated burglary. 

(f) Forcible rape. 

(g) Simple rape. 

(h) Second degree kidnaping. 

(i) Aggravated oral sexual battery. 

(j) Aggravated battery committed with a firearm. 

(k) A second or subsequent aggravated battery. 

(l) A second or subsequent aggravated burglary. 

(m) A second or subsequent offense of burglary of an inhabited dwelling. 

(n) A second or subsequent felony-grade violation of Part X or X-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950 involving the manufacture, distribution, or possession with intent to distribute controlled dangerous substances. 

(3) The district attorney shall have the discretion to file a petition alleging any of the offenses listed in Subparagraph (2) of this Paragraph in the juvenile court or, alternatively, to obtain an indictment or file a bill of information. If the child is being held in detention, the district attorney shall make his election and file the indictment, bill of information, or petition in the appropriate court within thirty (30) calendar days after the child's arrest, unless the child waives this right. 

(4) If an indictment is returned or a bill of information is filed, the child is subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all subsequent procedures, including the review of bail applications, and the child shall be transferred forthwith to the appropriate adult facility for detention prior to his trial as an adult. 

C. Except when a juvenile is held in an adult jail or lockup, the time limitations for the conduct of a continued custody hearing are those provided by Article 819. 

D. The court exercising criminal jurisdiction shall retain jurisdiction over the child's case, even though he pleads guilty to or is convicted of a lesser included offense. A plea to or conviction of a lesser included offense shall not revest jurisdiction in the court exercising juvenile jurisdiction over such a child. 

Maine

Section 3101 (1998)

E-1. If the Juvenile Court binds the juvenile over to Superior Court, the court may direct detention of any such juvenile who is to be detained in a section of a jail that is used primarily for the detention of adults when it finds by clear and convincing evidence that: 

(1) The juvenile's behavior presents an imminent danger of harm to that juvenile or to others; and 

(2) There is not a less restrictive alternative to detention in an adult section that serves the purposes of detention. 

In determining whether the juvenile's behavior presents a danger to that juvenile or others, the Juvenile Court shall consider, among other factors:

(a) The nature of and the circumstances surrounding the offense with which the juvenile is charged, including whether the offense was committed in an aggressive, violent, premeditated, or intentional manner; 

(b) The record and previous history of the juvenile, including the juvenile's emotional attitude and pattern of living; and 

(c) If applicable, the juvenile's behavior and mental condition during any previous and current period of detention or commitment.

Maryland

Md. Courts and Judicial Proceedings Code Ann. Section 3-815 (1998)  Detention and shelter care prior to hearing

4 (g) Placement of child alleged to be delinquent. A child alleged to be delinquent may not be detained in a jail or other facility for the detention of adults.

Legislative Intent. This section reveals that the General Assembly intended to require the separation of children from adults only with respect to jails, detention centers, and correctional institutions housing adults charged with or convicted of crimes.

Massachusetts  Mass. Ann. Laws ch. 119, Section 67 (1999)  Notice of arrest of child to be given to probation officer and parent or guardian, release to probation officer

No child between fourteen (14) and seventeen (17) years of age shall be detained in a police station or town lockup unless the detention facilities for children at such police station or town lockup have received the approval in writing of the commissioner of youth services. The department of youth services shall make inspection at least annually of police stations or town lockups wherein children are detained. If no such approved detention facilities exist in any city or town, such city or town may contract with an adjacent city or town for the use of approved detention facilities in order to prevent children who are detained from coming in contact with adult prisoners. Nothing in this section shall permit a child between fourteen (14) and seventeen (17) years of age being detained in a jail or house of correction. A separate and distinct place shall be provided in police stations, town lockups, or places of detention for such children. 

Michigan

Michigan MSA 28.334 (1998) Child under sixteen (16) years of age, confinement, commitment or trial, presence at trial of adults, transportation with adults charged with or  convicted of crime, exception, violation as misdemeanor 

Sec. 139

(1) Except as provided in subsection (2), a child under sixteen (16) years of age while under arrest, confinement, or conviction for any crime, shall not be placed in any apartment or cell of any prison or place of confinement with any adult who is under arrest, confinement, or conviction for any crime, or be permitted to remain in any courtroom during the trial of adults, or be transported in any vehicle of transportation in company with adults charged with or convicted of crime. 

(2) Subsection (1) does not apply to prisoners being transported to or from, or confined in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of 1953 PA 232, MCL 791.220g. 

(3) All cases involving the commitment or trial of children under sixteen (16) years of age for any crime or misdemeanor, before any court, shall be heard and determined by the court at a suitable time, to be designated by it, separate and apart from the trial of other criminal cases. 

(4) Any person who violates this section is guilty of a misdemeanor.

MCR 5.956 (1998)

(B) Violation of probation in delayed imposition of sentence cases. 

(1) Subsequent Conviction. 

 If a juvenile placed on probation under an order of disposition delaying imposition of sentence is found by the court to have violated probation by being convicted of a felony or a misdemeanor punishable by imprisonment for more than one (1) year, or adjudicated as responsible for an offense that if committed by an adult would be a felony or a misdemeanor punishable by imprisonment for more than one (1) year, the court shall revoke probation and sentence the juvenile to imprisonment for a term that does not exceed the penalty that could have been imposed for the offense for which the juvenile was originally convicted and placed on probation. 

(2) Other violations of probation. If a juvenile placed on probation under an order of disposition delaying imposition of sentence is found by the court to have violated probation other than as provided in subrule (B)(1), the court may impose sentence or may order any of the following for the juvenile: 

(a) a change in placement; 

(b) community service; 

(c) substance abuse counseling; 

(d) mental health counseling; 

(e) participation in a vocational-technical program; 

(f) incarceration in the county jail for not more than thirty (30) days if the present county jail facility would meet all requirements under federal law and regulations for housing juveniles and if the court has consulted with the sheriff to determine when the sentence will begin to ensure that space will be available for the juvenile. If the juvenile is under seventeen (17) years of age, the juvenile must be placed in a room or ward out of sight and sound from adult prisoners; other participation or performance as the court considers necessary.

MCR 6.909 (1998) Releasing or detaining juveniles prior to trial or judgment of sentence 

(B) (2) Jailing of Juveniles; Restricted. On motion of a prosecuting attorney or a superintendent of a juvenile facility where the juvenile is detained, the magistrate or court may order the juvenile confined in a jail or similar facility designed and used to incarcerate adult prisoners upon a showing that 

(a) the juvenile's habits or conduct are considered a menace to other juveniles; or 

(b) the juvenile may not otherwise be safely detained in a juvenile facility. 

(3) Juvenile-Court-Operated Facility. The juvenile shall not be placed in an institution operated by the juvenile court except with the consent of the juvenile court or on order of a court as defined in these rules. 

(4) Separate Custody of Juvenile. The juvenile in custody or detention must be maintained separately from the adult prisoners or adult accused as required by MCL 764.27a; MSA 28.886(1). 

MCR 6.933 (1998) Rule 6.933 Juvenile probation revocation 

(A) General Procedure. When a juvenile, who was placed on juvenile probation and committed to an institution as a state ward, is alleged to have violated juvenile probation, the court shall proceed as provided in MCR 6.445(A) through (F). 

(B) Disposition. 

(1) Certain Criminal Offense Violations. If the court finds that the juvenile has violated juvenile probation by being convicted of a felony or a misdemeanor punishable by more than one year's imprisonment, the court must revoke the probation of the juvenile and order the juvenile committed to the department of corrections for a term of years not to exceed the penalty that could have been imposed for the offense that led to the probation. The court in imposing sentence shall grant credit against the sentence as required by law. 

(2) Other Violations. If the court finds that the juvenile has violated juvenile probation, other than as provided in subrule (B)(1), the juvenile must be continued on juvenile probation and remain under state wardship provided that the court may order: 

(a) a change of placement, 

(b) restitution, 

(c) community service, 

(d) substance abuse counseling, 

(e) mental health counseling, 

(f) participation in a vocational-technical education program, 

(g) incarceration in a county jail for not more than thirty (30) days, and 

(h) any other participation or performance as the court considers necessary. 

If the court determines to place the juvenile in jail for up to thirty (30) days, and the juvenile is under seventeen (17) years of age, the juvenile must be placed separately from adult prisoners as required by law. 

(3) If the court revokes juvenile probation pursuant to subrule (B)(1), the court must receive an updated presentence report and comply with MCR 6.445(G) before it imposes a prison sentence on the juvenile. 

(C) Review. The juvenile may appeal as of right from the imposition of a sentence of incarceration after a finding of juvenile probation violation.

MCR 6.937 (1998)

It is clear from the new Public Acts that the Legislature intended that a juvenile under seventeen (17), who is criminally prosecuted without a waiver hearing under Section 4 of the Juvenile Code, may not be detained in a jail with adult prisoners pending trial, acquittal or conviction, or decision at a juvenile disposition hearing. The Legislature intended that the juvenile who is criminally charged with one or more enumerated life offense without being waived over must be housed in a juvenile facility. The exceptions are if the juvenile is considered to be a menace to other juveniles because of habit or conduct, or may not otherwise be safely detained. In such cases the juvenile may be housed in a jail or similar institution designed to incarcerate adult prisoners, if placed in a room or ward out of sight and sound from the other adults. Note further that the juvenile, from the point of apprehension, must be kept separate from adult prisoners. The Juvenile Court Rules Committee, when it formulated suggested proposals based on the new legislation, debated the question whether the district court was authorized to place a juvenile in a facility pending trial. The committee found no specific express provision because there is none. The statutory waiver package, read as a whole, establishes that the Legislature believed that the source of authority to detain a juvenile in a juvenile facility pending trial is Section 27a of Chapter IV (arrests) in the Code of Criminal Procedure: 

"(1)If a juvenile is taken into custody or detained, the juvenile shall not be confined in a police station, prison, jail, lockup, or reformatory, or be transported with, or compelled or permitted to associate or mingle with, criminal persons while awaiting trial. However, a juvenile whose habits or conduct are considered to be a menace to other children, or who may not otherwise be safely detained, may be ordered by a court to be placed in a jail or other place of detention for adults, but in a room or ward out of sight and sound from adults. 

"(2) If a person is convicted of a crime within this state and has served time in a juvenile facility prior to sentencing because of being denied or being unable to furnish bond for the offense of which he or she is convicted, the trial court in imposing sentence shall specifically grant credit against the sentence for time served in a juvenile facility prior to sentencing." MCL 764.27a; MSA 28.886(1), as added by 1988 PA 67. It would have been preferable for the Legislature to have expressly stated that the juvenile may be detained in a juvenile facility with court sanction pending trial or disposition. Nevertheless, when a juvenile is apprehended and the prosecutor has authorized the filing of a criminal complaint and warrant, it is believed that the juvenile may be placed in a juvenile facility unless and until the court, including a district court, either orders the juvenile released with or without bail at arraignment, or other hearing, orders the juvenile committed to jail, because the juvenile is a menace to other children or may not otherwise be safely detained, or continues the detention in the juvenile facility. Commitment pending trial, if at all, was clearly intended by the Legislature to be in a juvenile facility. Unlike the juvenile system, which is civil in nature and which requires specific statutory authority in order to hold a juvenile pending adjudication, the accused in the adult criminal system is detained on a charge until arraigned and ordered released, even if arrested without a warrant. The written authority to detain if needed is provided by the complaint and warrant. Section 27a represents a further limitation on government than just the Fourth Amendment and the like when it comes to juveniles who are to be criminally prosecuted as though adults. But a limitation implies authority that needs limits. The first sentence of Section 27a(1) assumes not only that the juvenile has been taken into custody. It also assumes that the juvenile may be subject to detention. This is followed by the limitation that the juvenile not be put with adult prisoners while awaiting trial. The second sentence of Section 27a(1), making provision for the juvenile who may be a menace to other children, assumes that the juvenile will probably be in a facility with children-a juvenile facility. It should be remembered that jail has been defined by the Legislature in the Code of Criminal Procedure to include a juvenile facility for purposes of placement under Section 27a. This indicates there is an absolute prohibition against placing a juvenile with adult prisoners in any facility whatsoever. The second sentence of Section 27a also indicates that a court may put a juvenile in jail who may not otherwise be safely detained. "Juvenile facility" equates with jail for purposes of placement under Section 27a. This may mean that the court that had earlier conditioned release of the juvenile on in-home detention, foster care and the like, and later finds that the juvenile cannot otherwise be safely detained in such lesser restrictive environment, or is a menace to others, may place that juvenile in secure detention in a juvenile facility or, if necessary, in a jail used to incarcerate adults so long as the juvenile is out of sight and sound from adults. 

Minnesota

Section 260.173

(4) Child detention alternatives. If the child is taken into custody as one who:   

(c) is reasonably believed to have violated the terms of probation, parole, or other field supervision under which the child has been placed, the child may be detained in a shelter care or secure juvenile detention facility. If the child cannot be detained in another type of detention facility, and if there is no secure juvenile detention facility or existing acceptable detention alternative available for juveniles within the county, a child described in this subdivision may be detained up to 24 hours, excluding Saturdays, Sundays, and holidays, or up to six (6) hours in a standard metropolitan statistical area, in a jail, lockup, or other facility used for the confinement of adults who have been charged with or convicted of a crime, in quarters separate from any adult confined in the facility which has been approved for the detention of juveniles by the commissioner of corrections. If continued detention in an adult jail is approved by the court under section 260.172, subdivision 2, and there is no juvenile secure detention facility available for use by the county having jurisdiction over the child, such child may be detained for no more than eight (8) days from and including the date of the original detention order in separate quarters in any jail or other adult facility for the confinement of persons charged with or convicted of crime which has been approved by the commissioner of corrections to be suitable for the detention of juveniles for up to eight (8) days.

Mississippi

Section 43-21-159 (1998)

Pursuant to Section 43-21-159, the court with original jurisdiction over the juvenile charged with a DUI should hold the juvenile in the adult jail. However, the juvenile should not be placed in a cell with other adult inmates. 

Missouri

Missouri (1999) Places of detention-photograph and fingerprinting, restrictions 

2. A child shall not be detained in a jail or other adult detention facility pending disposition of a case. 

Montana

Section 41-5-206 (1999)

(6)A youth under sixteen (16) years of age may not be confined in a state prison facility.

(7) A youth whose case is filed in the district court may not be detained or otherwise placed in a jail or other adult detention facility before final disposition of the youth's case unless: alternative facilities do not provide adequate security; and the youth is kept in an area that provides physical separation as well as sight and sound separation from adults accused or convicted of criminal offenses. 

Nebraska

Section 43-250  Temporary custody, disposition, custody requirements

(3) The officer shall take a juvenile without unnecessary delay before the juvenile court or probation officer of the county in which such juvenile was taken into custody and deliver the custody of such juvenile to the juvenile court or probation officer. When secure custody of a juvenile is necessary, such custody shall occur within a juvenile detention facility except: 

(a) When a juvenile described in subdivision (1) or (2) of section 43-247, except for a status offender, is taken into temporary custody within a metropolitan statistical area and where no juvenile detention facility is reasonably available, the juvenile may be delivered, for temporary custody not to exceed six (6) hours, to a secure area of a jail or other facility intended or used for the detention of adults solely for the purposes of identifying the juvenile and ascertaining his or her health and well-being and for safekeeping while awaiting transport to an appropriate juvenile placement or release to a responsible party; 

(b) When a juvenile described in subdivision (1) or (2) of section 43-247, except for a status offender, is taken into temporary custody outside of a metropolitan statistical area and where no juvenile detention facility is reasonably available, the juvenile may be delivered, for temporary custody not to exceed twenty-four (24) hours excluding nonjudicial days and while awaiting an initial court appearance, to a secure area of a jail or other facility intended or used for the detention of adults solely for the purposes of identifying the juvenile and ascertaining his or her health and well-being and for safekeeping while awaiting transport to an appropriate juvenile placement or release to a responsible party; 

(c) Whenever a juvenile is held in a secure area of any jail or other facility intended or used for the detention of adults, there shall be no verbal, visual, or physical contact between the juvenile and any incarcerated adult and there shall be adequate staff to supervise and monitor the juvenile's activities at all times. This subdivision shall not apply to a juvenile charged with a felony as an adult in county or district court if he or she is sixteen (16) years of age or older; 

(d) If a juvenile is under sixteen (16) years of age or is a juvenile as described in subdivision (3) of section 43-247, he or she shall not be placed within a secure area of a jail or other facility intended or used for the detention of adults; 

(e) If, within the time limits specified in subdivision (3)(a) or (3)(b) of this section, a felony charge is filed against the juvenile as an adult in county or district court, he or she may be securely held in a jail or other facility intended or used for the detention of adults beyond the specified time limits; 

(f) A status offender or nonoffender taken into temporary custody shall not be held in a secure area of a jail or other facility intended or used for the detention of adults. A status offender accused of violating a valid court order may be securely detained in a juvenile detention facility longer than twenty-four (24) hours if he or she is afforded a detention hearing before a court within twenty-four (24) hours, excluding nonjudicial days, and if, prior to a dispositional commitment to secure placement, a public agency, other than a court or law enforcement agency, is afforded an opportunity to review the juvenile's behavior and possible alternatives to secure placement and has submitted a written report to the court; and 

(g) A juvenile described in subdivision (1) or (2) of section 43-247, except for a status offender, may be held in a secure area of a jail or other facility intended or used for the detention of adults for up to six (6) hours before and six (6) hours after any court appearance; 

Section 43-253 Temporary custody, investigation, release

(2) No juvenile who has been taken into temporary custody under subdivision (3) of section 43-250 shall be detained in any locked facility for longer than twenty-four (24) hours, excluding nonjudicial days, after having been taken into custody unless such juvenile has appeared personally before a court of competent jurisdiction for a hearing to determine if continued detention is necessary. If continued detention in a locked facility is ordered, such detention shall be in a juvenile detention facility, except that a juvenile charged with a felony as an adult in county or district court may be held in an adult jail as set forth in subdivision (3)(e) of section 43-250.  

Nevada

Nev. Rev. Stat. Ann. Section 62.170 (1998) Taking custody of child, release to parent or other person, detention of children, procedure

4. A child not alleged to be delinquent or in need of supervision must not at any time be confined or detained in a facility for the secure detention of juveniles or any police station, lockup, jail, prison, or other facility in which adults are detained or confined. 

5. A child under eighteen (18) years of age must not at any time be confined or detained in any police station, lockup, jail, prison, or other facility where the child has regular contact with any adult convicted of a crime or under arrest and charged with a crime, unless: 

(a) The child is alleged to be delinquent; 

(b) An alternative facility is not available; and 

(c) The child is separated by sight and sound from any adults who are confined or detained therein. 

6. A child alleged to be delinquent who is taken into custody and detained must be given a detention hearing, conducted by the judge or master: 

(a) Within twenty-four (24) hours after the child submits a written application; 

(b) In a county whose population is less than 100,000, within twenty-four (24) hours after the commencement of detention at a police station, lockup, jail, prison, or other facility in which adults are detained or confined; 

(c) In a county whose population is 100,000 or more, within six (6) hours after the commencement of detention at a police station, lockup, jail, prison, or other facility in which adults are detained or confined; or 

(d) Within seventy-two (72) hours after the commencement of detention at a facility in which adults are not detained or confined, whichever occurs first, excluding Saturdays, Sundays, and holidays. A child must not be released after a detention hearing without the written consent of the judge or master. 

<Go To State Statutes Part 2>      <Go Back To Table of Contents>

This document was prepared by the Institute on Crime, Justice and Corrections and the National Council on Crime and Delinquency, under grant number 97-DD-BX-0026, awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime.

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