J.I.T. OUTREACH PROGRAM

Juvenile Crime at All-Time Low, Leaving Empty Beds at Juvenile Hall

2012-11-29T14:50:00.001-05:00

Recent data from the Criminal Justice Statistics Center reported that California is seeing its lowest number of juvenile arrests in nearly 50 years.

Juvenile arrests fell roughly 20 percent overall from 2010 to 2011. About 150,000 youth were arrested last year, making it the lowest annual rate since state records were kept in 1957.

Sacramento County Juvenile Hall is witnessing this same decline in arrests.

The area detention center currently houses approximately 180 youth. Their current capacity is 225, which dropped due to budget cuts.

“We haven’t seen this low of a number since 1970,” Sacramento County Chief Probation Officer Don Meyer said. “We now get an average of seven [juveniles] a day, and that’s come down from 20 a day.”

Experts cannot pinpoint the exact factors that led to the decline in arrests, but note there may be several reasons.

Mike Males of the Center on Juvenile & Criminal Justice suggested that a recent change in the state’s marijuana law contributed to a quarter of the decrease in juvenile arrests. The law reduced misdemeanor possession to an infraction, which resulted in a decline of 9,000 arrests.

“This is really a striking trend,” Males said. “Sacramento has had a large decline in juvenile crime, and that means there are fewer youth in detention.”

Meyer noted during 2012 only three juveniles have been arrested for marijuana possession and booked at Sacramento County Juvenile Hall. All other marijuana charges were combined with other more serious crimes.

“Marijuana bookings have been minimal,” Meyer said. “It has not been leading the charts for a long time.”

Arrests for other crimes have also fallen. Violent and property offenses dropped by 16 percent, and juvenile murder arrests plunged by 26 percent.

Meyer welcomes the decline, especially since the local detention center has been plagued with overcrowding in recent years.

“We are nowhere near those numbers now,” he said. “We detain only the kids that need to be detained. “

Since the beginning of 2012, there have been roughly 2,300 bookings in Sacramento County Juvenile Hall. However, law enforcement has given out more than 4,000 citations, relieving the system of thousands of likely bookings.

“If you use subjective judgment on cases, you’re likely to have people detained that shouldn’t be and have people that are released that shouldn’t be,” Meyer said. “We don’t see 90 percent of the people ever again. Their family takes care of business and they don’t come back.”

When Brandon was released from juvenile detention, he promised his mother he would stay out of trouble. Now at 19, he’s enrolled in American River College and has never been arrested again.

Brandon was booked for possession of marijuana two years ago when he was still a minor. Yet, today’s youth are not only being booked less often than previous years, but also less often than their parents’ generation.

In Males’ report, California’s middle-aged population—generally those who are parents of teenagers—has experienced large increases in drug abuse and criminal arrests between 1995 and 2010.

Brandon's mother, an alcoholic, was booked on DUI charges shortly before his arrest.

“Things were really hard at home, and I couldn’t concentrate,” he said. His mother began drinking as her financial problems worsened, and Brandon began experimenting more with drugs.

“I knew it was wrong, but I just needed to get away from everything and I thought it would help,” he said.

While Brandon has cleaned up and avoided the inside of a jail cell, his mother continues to struggle with alcohol and drug abuse. Brandon's experience is not unusual. Males said this may be one of the most dramatic changes in the age structure of crime ever documented.

For Californians ages 40 to 59, felony arrests have increased from 70,000 to 103,000. During the same period of time, youth arrests were nearly cut in half to 43,000.

“The problem is this juvenile crime drop has not been talked about,” Males concluded. “We have to start changing the whole way we think about criminal offending by age. I think we have to stop talking about youth as a crime-prone population.”

State Statutes That Govern the Transfer of Juveniles to the Adult Court System, part 6

2012-05-21T12:00:00.000-04:00

Oregon

137.705 (1997)

(2) (a) Notwithstanding ORS 419B.100 and 419C.005, a person 15, 16, or 17 years of age at the time of committing the offense may be charged with the commission of an offense listed in ORS 137.707 and may be prosecuted as an adult.

(b) The district attorney shall notify the juvenile court and the juvenile department when a person under 18 years of age is charged with an offense listed in ORS 137.707.

(c) The filing of an accusatory instrument in a criminal court under ORS 137.707 divests the juvenile court of jurisdiction in the matter if juvenile court jurisdiction is based on the conduct alleged in the accusatory instrument or any conduct arising out of the same act or transaction. Upon receiving notice from the district attorney under paragraph

(b) of this subsection, the juvenile court shall dismiss, without prejudice, the juvenile court proceeding and enter any order necessary to transfer the matter or transport the person to the criminal court for further proceedings. Nothing in this paragraph affects the authority or jurisdiction of the juvenile court with respect to other matters or conduct.

(3) (a) A person charged with a crime under ORS 137.707 who is sixteen (16) or seventeen (17) years of age shall be detained in custody in a jail or other place where adults are detained subject to release on the same terms and conditions as for adults.

(b) Notwithstanding paragraph (a) of this subsection, the sheriff and the director of the county juvenile department may agree to detain the person charged in a place other than the county jail.

(c) If a person charged with a crime under ORS 137.707 is under sixteen (16) years of age, the person may not be detained, either before conviction or after conviction but before execution of the sentence, in a jail or other place where adults are detained.

ORS § 419C.130 (1997)

Youth may not be detained where adults are detained, exceptions

(1) No youth shall be detained at any time in a police station, jail, prison, or other place where adults are detained, except as follows:

(a) A youth may be detained in a police station for up to five (5) hours when necessary to obtain the youth’s name, age, residence, and other identifying information.

(b) A youth waived under ORS 419C.349 or 419C.364 to the court handling criminal actions or to municipal court may be detained in a jail or other place where adults are detained, except that any such person under sixteen (16) years of age shall, prior to conviction or after conviction but prior to execution of sentence, be detained, if at all, in a facility used by the county for the detention of youths.

(2) No youth waived to the court handling criminal actions or to municipal court pursuant to a standing order of the juvenile court under ORS 419C.370, including a youth accused of nonpayment of fines, shall be detained in a jail or other place where adults are detained.

Pennsylvania

42 Pa.C.S. § 6327 (1998)

Place of detention

(A) General Rule.

Under no circumstances shall a child be detained in any facility with adults, or where the child is apt to be abused by other children.

(B) Report by Correctional Officer of Receipt of Child. 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 if a person who is or appears to be under the age of 18 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility designated by the court.

(D) Transfer of Child Subject to Criminal Proceedings. If a case is transferred for criminal prosecution, the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. The court in making the transfer may order continued detention as a juvenile pending trial if the child is unable to provide bail.

(E) Detention of Dependent Child. A child alleged to be dependent may be detained or placed only in a Department of Public Welfare approved shelter care and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses, but may be detained in the same shelter care facilities with alleged delinquent children.

Rhode Island

R.I. Gen. Laws § 14–1–26 (1998)

Separation from adult offenders

In case a delinquent or wayward child is taken into custody or detained before or after the filing of a petition, or pending a hearing thereon, the child shall not be confined in any prison, jail, lockup, or reformatory, or be transported with, or compelled or permitted to associate or mingle with, criminal, vicious, or dissolute persons, but shall be kept under the care of the person arresting the child, or of a police matron as provided in § 14–1–24, until by order of the court other disposition is made of the child as provided in this chapter; and if the child is ordered to be detained, or confined in any of the institutions mentioned in this chapter, the child shall not be conveyed to or from the institution with adult offenders.

South Carolina

Code Ann. § 20–7–6845 (1998)

(4) The Budget and Control board will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles who are awaiting disposition by, or who are under the jurisdiction of, the family court in adult jails anywhere within the state of South Carolina and to prevent the detention of juveniles who are awaiting disposition by general sessions court in facilities which do not provide actual sight and sound separation from adults who are in detention or custody.

South Dakota

S.D. Codified Laws § 26–11–1(1999)

Proceedings on offense for which child not subject to delinquency proceedings, prosecution as adult, detention in adult jail or lockup

If any child under the age of eighteen (18) years is arrested, with or without a warrant, for violation of any law or municipal ordinance for which the child is not subject to proceedings as a delinquent child or for violation of § 34–46–2(2), the child shall be brought before the judge of a court having jurisdiction over the offense and proceedings shall be conducted as though the child were eighteen (18) years of age or older.

A child under the age of eighteen (18) years, subject to proceedings pursuant to this section and accused of a Class 2 misdemeanor, may be held in or sentenced to an adult lockup or jail or a detention or temporary care facility for up to seven (7) days if physically separated from adult prisoners.

A child under the age of eighteen (18) years, subject to proceedings pursuant to this section and accused of a Class 1 misdemeanor, may be held in or sentenced to an adult lockup or jail or a detention or temporary care facility for up to thirty (30) days if physically separated from adult prisoners.

Tennessee

Code Ann. § 37–1–116 (1999)

Place of detention, escape or attempted escape

(a) A child alleged to be delinquent or unruly may be detained only in:

(1) A licensed foster home or a home approved by the court;

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

(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; or

(4) Subject to subsection (e), any other suitable place or facility designated or operated by the court. The child may be detained in a jail or other facility for the detention of adults only if:

(A) Other facilities in subdivision (a)(3) are not available;

(B) The detention is in a room separate and removed from those for adults; and

(C) It appears to the satisfaction of the court that public safety and protection reasonably require detention, and it so orders.

(b) 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 if a person who is or appears to be under eighteen (18) years of age is received at the facility, and shall bring such person before the court upon request or deliver such person to a detention or shelter care facility designated by the court.

(c) If a case is transferred to another court for criminal prosecution, the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime.

(d) A child alleged to be dependent or neglected may be detained or placed in shelter care only in the facilities stated in subdivisions (a)(1), (2), and (4), and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses or of children alleged to be delinquent.

(e) No child may be detained or otherwise placed in any jail or other facility for the detention of adults, except as provided in subsections (c) and (h).

(h) A juvenile may be temporarily detained for as short a time as feasible, not to exceed forty-eight (48) hours, in an adult jail or lockup, if:

(1) The juvenile is accused of a serious crime against persons, including criminal homicide, forcible rape, mayhem, kidnapping, aggravated assault, robbery, and extortion accompanied by threats of violence;

(2) The county has a low population density not to exceed thirty-five (35) persons per square mile;

(3) The facility and program have received prior certification by the Tennessee corrections institute as providing detention and treatment with total sight and sound separation from adult detainees and prisoners, including no access by trustees;

(4) There is no juvenile court or other public authority, or private agency able and willing to contract for the placement of the juvenile; and

(5) A determination is made that there is no existing acceptable alternative placement available for the juvenile.

Texas

Tex. Fam. Code § 51.12 (1999)

Place and conditions of detention

(f) A child detained in a building that contains a jail, lockup, or other place of secure confinement, including an alcohol or other drug treatment facility, shall be separated by sight and sound from adults detained in the same building. Children and adults are separated by sight and sound only if they are unable to see each other and conversation between them is not possible. The separation must extend to all areas of the facility, including sally ports and passageways, and those areas used for admission, counseling, sleeping, toileting, showering, dining, recreational, educational, or vocational activities, and health care. The separation may be accomplished through architectural design.

(g) Except for a child detained in a juvenile processing office, a place of non-secure custody, or a secure detention facility as provided by Subsection

(i), a child detained in a building that contains a jail or lockup may not have any contact with:

(1) part-time or full-time security staff, including management, who have contact with adults detained in the same building; or

(2) direct-care staff who have contact with adults detained in the same building.

Utah

Code Ann. § 62A–7–201 (1998)

Confinement, facilities, restrictions

(1) Children under eighteen (18) years of age, who are apprehended by any officer or brought before any court for examination under any provision of state law, may not be confined in jails, lockups, or cells used for ordinary criminals or persons charged with crime, or in secure post-adjudication correctional facilities operated by the division, except as provided by specific statute and in conformance with approved standards.

(2) (a) Children charged by information or indictment with crimes as a serious youth offender under Section 78–3a–602 (serious offense charges) or certified to stand trial as an adult pursuant to Section 78–3a–603 (waiver statute) may be detained in a jail or other place of detention used for adults.

(b) Children detained in adult facilities under Section 78–3a–602 or 78–3a–603 prior to a hearing before a magistrate, or under Subsection 78–3a–114(3), may only be held in certified juvenile detention accommodations in accordance with rules promulgated by the division.

Those rules shall include standards for acceptable sight and sound separation from adult inmates. The division certifies facilities that are in compliance with the division’s standards.

(3) In areas of low density population, the division may, by rule, approve juvenile holding accommodations within adult facilities that have acceptable sight and sound separation. Those facilities shall be used only for short-term holding purposes, with a maximum confinement of six (6) hours, for children alleged to have committed an act that would be a criminal offense if committed by an adult. Acceptable short-term holding purposes are: identification, notification of juvenile court officials, processing, and allowance of adequate time for evaluation of needs and circumstances regarding release or transfer to a shelter or detention facility.

Children who are alleged to have committed an act which would be a criminal offense if committed by an adult may be detained in holding rooms in local law enforcement agency facilities for a maximum of two (2) hours, for identification or interrogation, or while awaiting release to a parent or other responsible adult. Those rooms shall be certified by the division,

according to the division’s rules. Those rules shall include provisions for constant supervision and for sight and sound separation from adult inmates.

Code Ann. § 78–3a–114 (1998)

Placement of minor in detention or shelter facility, grounds, detention hearings, period of detention, notice, confinement of minors for criminal proceedings, bail laws inapplicable, exception

(8) (a) A minor under sixteen (16) years of age may not be held in a jail, lockup, or other place for adult detention except as provided by Section 62A–7–201 or unless certified as an adult pursuant to Section 78–3a–603. The provisions of Section 62A–7–201 regarding confinement facilities apply to this subsection.

(b) A minor sixteen (16) years of age or older whose conduct or condition endangers the safety or welfare of others in the detention facility for minors may, by court order that specifies the reasons, be detained in another place of confinement considered appropriate by the court, including a jail or other place of confinement for adults. However, a secure youth corrections facility is not an appropriate place of confinement for detention purposes under this section.

(9) A sheriff, warden, or other official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately notify the juvenile court when a minor who is or appears to be under eighteen (18) years of age is received at the facility and shall make arrangements for the transfer of the minor to a detention facility, unless otherwise ordered by the juvenile court.

(10) This section does not apply to a minor who is brought to the adult facility under Section 78–3a–602 or by order of the juvenile court to be held for criminal proceedings in the district court under Section 78–3a–603.

(11) A minor held for criminal proceedings under Section 78–3a–602 or 78–3a–603 may be detained in a jail or other place of detention used for adults charged with crime.

Vermont

V.S.A. § 5514 (1999)

Detention, temporary care pending hearing

(c) A child shall not be detained under this section in a jail or other facility intended or used for the detention of adults, unless the child is alleged to have committed a crime punishable by death or life imprisonment, and it appears to the satisfaction of the court that public safety and protection reasonably require such detention.

(d) The official in charge of a jail or other facility intended or used for the detention of adult offenders or persons charged with crime shall inform the court immediately when a minor, who is or appears to be under the age of eighteen (18) years, is received at the facility other than pursuant to subsection (c) of this section or section 5530 of this title, and shall deliver the minor to the court upon request of the court, or transfer the minor to the detention facility designated by the court by order.

Virginia

Code Ann. § 16.1–249 (1998)

Places of confinement for juveniles

A. If it is ordered that a juvenile remain in detention or shelter care pursuant to § 16.1–248.1, such juvenile may be detained, pending a court hearing, in the following places:

1. An approved foster home or a home otherwise authorized by law to provide such care;

2. A facility operated by a licensed child welfare agency;

3. If a juvenile is alleged to be delinquent, in a detention home or group home approved by the Department;

4. Any other suitable place designated by the court and approved by the Department;

5. To the extent permitted by federal law, a separate juvenile detention facility located upon the site of an adult regional jail facility established by any county, city, or any combination thereof constructed after 1994, approved by the Department of Juvenile Justice and certified by the Board of Juvenile Justice for the holding and detention of juveniles.

B. No juvenile shall be detained or confined in any jail or other facility for the detention of adult offenders or persons charged with crime except as provided in subsection D, E, F, or G of this section.

C. Except for placement under subdivision A 5, 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 juvenile who is or appears to be under the age of eighteen (18) years is received at the facility, and shall deliver him to the court upon request, or transfer him to a detention facility designated by the court.

D. When a case is transferred to the circuit court in accordance with the provisions of subsection A of § 16.1–269.1 and an order is entered by the circuit court in accordance with § 16.1–269.6, or in accordance with the provisions of § 16.1–270 where the juvenile has waived the jurisdiction of the district court, or when the district court has certified a charge to the grand jury pursuant to subsection B or C of § 16.1–269.1, the juvenile, if in confinement, may be transferred to a jail or other facility for the detention of adults and need no longer be entirely separate and removed from adults.

E. If, in the judgment of the custodian, a juvenile has demonstrated that he is a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the judge shall determine whether such juvenile should be transferred to another juvenile facility or, if the child is fourteen years of age or older, a jail or other facility for the detention of adults; provided, that (i) the detention is in a room or ward entirely separate and removed from adults, (ii), adequate supervision is provided, and (iii) the facility is approved by the State Board of Corrections for detention of juveniles.

F. If, in the judgment of the custodian, it has been demonstrated that the presence of a juvenile in a facility creates a threat to the security or safety of the other juveniles detained or the staff of the home or facility, the custodian may transfer the juvenile to another juvenile facility, or, if the child is fourteen (14) years of age or older, a jail or other facility for the detention of adults pursuant to the limitations of clauses (i), (ii), and (iii) of subsection E for a period not to exceed six (6) hours prior to a court hearing and an additional six hours after the court hearing unless a longer period is ordered pursuant to subsection E.

G. If a juvenile fourteen (14) years of age or older is charged with an offense which, if committed by an adult, would be a felony or Class 1 misdemeanor, and the judge or intake officer determines that secure detention is needed for the safety of the juvenile or the community, such juvenile may be detained for a period not to exceed six (6) hours prior to a court hearing and six (6) hours after the court hearing in a temporary lockup room or ward for juveniles while arrangements are completed to transfer the juvenile to a juvenile facility. Such room or ward may be located in a building which also contains a jail or other facility for the detention of adults, provided (i) such room or ward is totally separate and removed from adults or juveniles transferred to the circuit court pursuant to Article 7 (§ 16.1–269.1 et seq.) of this chapter, (ii) constant supervision is provided, and (iii) the facility is approved by the State Board of Corrections for the detention of juveniles. The State Board of Corrections is authorized and directed to prescribe minimum standards for temporary lockup rooms and wards based on the requirements set out in this subsection.

G1. Any juvenile who has been ordered detained in a secure detention facility pursuant to § 16.1–248.1 may be held incident to a court hearing (i) in a court holding cell for a period not to exceed six (6) hours provided the juvenile is entirely separate and removed from detained adults or (ii) in a non-secure area provided constant supervision is provided.

Washington

Rev. Code Wash. (ARCW) § 13.04.116 (1999)

Juvenile not to be confined in jail or holding facility for adults, exceptions, enforcement

(1) A juvenile shall not be confined in a jail or holding facility for adults, except:

(a) For a period not exceeding twenty-four (24) hours excluding weekends and holidays and only for the purpose of an initial court appearance in a county where no juvenile detention facility is available, a juvenile may be held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates; or

(b) For not more than six (6) hours and pursuant to a lawful detention in the course of an investigation, a juvenile may be held in an adult facility provided that the confinement is separate from the sight and sound of adult inmates.

(2) For purposes of this section a juvenile is an individual under the chronological age of eighteen (18) years who has not been transferred previously to adult courts.

(3) The department of social and health services shall monitor and enforce compliance with this section.

(4) This section shall not be construed to expand or limit the authority to lawfully detain juveniles.

West Virginia

Code § 49–5–16 (1999)

Prohibition on committing juveniles to adult facilities

(a) No juvenile, including one who has been transferred to criminal jurisdiction of the court, shall be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges or with the security staff (including management) or direct-care staff of a jail or locked facility for adults.

(b) No child who has been convicted of an offense under the adult jurisdiction of the circuit court shall be held in custody in a penitentiary of this state: Provided, that such child may be transferred from a secure juvenile facility to a penitentiary after he shall attain the age of eighteen (18) years if, in the judgment of the court which committed such child, such transfer is appropriate: Provided, however, that any other provision of this code to the contrary notwithstanding, prior to such transfer the child shall be returned to the sentencing court for the purpose of reconsideration and modification of the imposed sentence, which shall be based upon a review of all records and relevant information relating to the child’s rehabilitation since his conviction under the adult jurisdiction of the court.

W. Va. Code § 49–5A–2 (1999)

Investigation and release of child taken into custody, detention hearings

A child who has been arrested or who under color of law is taken into the custody of any officer or employee of the state or any political subdivision thereof shall be forthwith afforded a hearing to ascertain if such child shall be further detained. In connection with any such hearing, the provisions of article five [§ 49–5–1 et seq.] of this chapter shall apply. It shall be the duty of the judge or referee to avoid incarceration of such child in any jail. Unless

the circumstances of the case otherwise require, taking into account the welfare of the child as well as the interest of society, such child shall be released forthwith into the custody of his parent or parents, relative, custodian, or other responsible adult or agency.

Wisconsin

Wis. Stat. § 938.209 (1998)

Criteria for holding a juvenile in a county jail or a municipal lockup facility

(1) Subject to s. 938.208, a county jail may be used as a secure detention facility if the criteria under either par. (a) or (b) are met:

(a) There is no other secure detention facility approved by the department or a county which is available and all of the following conditions are met:

1. The jail meets the standards for secure detention facilities established by the department.

2. The juvenile is held in a room separated and removed from incarcerated adults.

3. The juvenile is not held in a cell designed for the administrative or disciplinary segregation of adults.

4. Adequate supervision is provided.

5. The judge reviews the status of the juvenile every three (3) days.

(b) The juvenile presents a substantial risk of physical harm to other persons in the secure detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The conditions of par. (a) 1. to 5. shall be met. The juvenile shall be given a hearing and transferred only upon order of the judge.

(2m) (a) A juvenile who is alleged to have committed a delinquent act may be held in a municipal lockup facility if all of the following criteria are met:

1. The department has approved the municipal lockup facility as a suitable place for holding juveniles in custody.

2. The juvenile is held in the municipal lockup facility for not more than six (6) hours while awaiting his or her hearing under s. 938.21 (1) (a).

3. There is sight and sound separation between the juvenile and any adult who is being held in the municipal lockup facility.

4. The juvenile is held for investigative purposes only.

(b) The department shall promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles in custody and for the operation of such a facility. The rules shall be designed to protect the health, safety, and welfare of the juveniles held in those facilities.

(3) The restrictions of this section do not apply to the use of jail for a juvenile who has been waived to adult court under s. 938.18 or who is under the jurisdiction of an adult court under s. 938.183, unless the juvenile is under the jurisdiction of an adult court under s. 938.183 (1) and is under fifteen (15) years of age.

Wis. Stat. § 938.22 (1998)

Establishment of secure detention facilities and shelter care facilities

(b) If the department approves, a secure detention facility or a holdover room may be a part of a public building in which there is a jail or other facility for the detention of adults if the secure detention facility or holdover room is so physically segregated from the jail or other facility that the secure detention facility or holdover room may be entered without passing through areas where adults are confined and that juveniles detained in the secure detention facility or holdover room cannot communicate with or view adults confined therein.

(e) A shelter care facility shall be used for the temporary care of juveniles. A shelter care facility, other than a holdover room, may not be in the same building as a facility for the detention of adults.

Wyoming

§ 5–6–112

Detention of juvenile offenders

(a) Effective July 1, 1995, no minor charged with violating a municipal ordinance defined as a status offense under subsection (b) of this section shall be detained in a jail.

(b) As used in W.S. 5–6–112 and 5–6–113:

(i) “Juvenile detention facility” means any facility which may legally and physically restrict and house a child, other than the Wyoming boys’ school, the Wyoming girls’ school, the Wyoming state hospital, or other private or public psychiatric facility within the state of Wyoming. A juvenile detention facility may be housed within an adult jail or correction facility if the facility otherwise meets the requirements of state law;

(ii) “Minor” means an individual who is under the age of eighteen (18) years;

(iii)“Status offense” means an offense which, if committed by an adult, would not constitute an act punishable as a criminal offense by the laws of this state or a violation of a municipal ordinance, but does not include a violation of W.S. 12–6–101(b) or (c) or any similar municipal ordinance.

Wyo. Stat. § 5–6–113 (1999)

Incarceration of juvenile offenders

(a) Effective July 1, 1995, no minor convicted of a status offense shall be sentenced to a term of imprisonment.

(b) A minor convicted of a misdemeanor or of violating a municipal ordinance, other than a status offense, for which a term of imprisonment is authorized, shall only be imprisoned in a juvenile detention facility.

State Statutes That Govern the Transfer of Juveniles to the Adult Court System, part 5

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Nevada

Nev. Rev. Stat. Ann. § 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

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.

New York

New York CLS CPL 510.15 (1998)

Commitment of principal under sixteen (16). When a principal who is under the age of sixteen (16) is committed to the custody of the sheriff the court must direct that the principal be taken to and lodged in a place certified by the state division for youth as a juvenile detention facility for the reception of children. Where such a direction is made the sheriff shall deliver the principal in accordance therewith and such person shall although lodged and cared for in a juvenile detention facility continue to be deemed to be in the custody of the sheriff. No principal under the age of sixteen (16) to whom the provisions of this section may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of a crime or under arrest and charged with the commission of a crime without the approval of the state division for youth in the case of each principal and the statement of its reasons therefor.

NY CLS Family Ct Act § 304.1 (1999)

Detention

1. A facility certified by the state division for youth as a juvenile facility must be operated in conformity with the regulations of the state division for youth and shall be subject to the visitation and inspection of the state board of social welfare.

2. No child to whom the provisions of this article may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with crime without the approval of the state division for youth in the case of each child and the statement of its reasons therefor.

3. The detention of a child under ten (10) years of age in a secure detention

facility shall not be directed under any of the provisions of this article.

North Carolina

N.C. Gen. Stat. § 7B–2809 (1999)

Detention practices

To every extent possible, it shall be the policy of states party to this Compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail, or lockup, nor be detained or transported in association with criminal, vicious, or dissolute persons.

§ 153A–221.1 Effective July 1, 1999

Standards and inspections

The Secretary of Health and Human Services shall also develop standards under which a local jail may be approved as a holdover facility for not more than five (5) calendar days pending placement in a juvenile detention home which meets state standards, providing the local jail is so arranged that any child placed in the holdover facility cannot converse with, see, or be seen by the adult population of the jail while in the holdover facility. The personnel responsible for the administration of a jail with an approved holdover facility shall provide close supervision of any child placed in the holdover facility for the protection of the child.

North Dakota

Cent. Code, § 27–20–16 (1999)

Place of detention

1. A child alleged to be delinquent or unruly may be detained only in:

a. A licensed foster home or a home approved by the court;

b. A facility operated by a licensed child welfare agency;

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

d. Any other suitable place or facility, including a medical facility for the treatment of mental illness, alcoholism, or drug addiction, designated by the court; or

e. A jail or other facility for the detention of adults only if the facility in subdivision c is not available, the detention is in a room separate and removed from those for adults, it appears to the satisfaction of the court or the juvenile supervisor, intake officer, or other authorized officer of the court, that public safety and protection reasonably require detention, and it is so authorized.

2. 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 if a person who is or appears to be a child is received at the facility and shall bring the person before the court upon request or deliver the person to a detention or shelter care facility designated by the court.

3. If a case is transferred to another court for criminal prosecution the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime.

4. A child alleged to be deprived may be placed in shelter care only in the facilities stated in subdivisions a, b, and d of subsection 1 and may not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses or of children alleged to be delinquent or unruly.

5. Effective January 1, 1988, a child alleged to be unruly may be detained only in the facilities listed in subdivisions a, b, c, and d of subsection 1.

Ohio

§ 2151.31 (1997)

B(2) Except as provided in division (C) of section 2151.311 of the Revised Code, a child taken into custody shall not be held in any state correctional institution, county, multi-county, or municipal jail or workhouse, or any other place where any adult convicted of crime, under arrest, or charged with crime is held.

§ 2151.311

(C)(1) a person taking a child into custody may hold the child for processing purposes in a county, multi-county, or municipal jail or workhouse, or other place where an adult convicted of crime, under arrest, or charged with crime is held for either of the following periods of time:

(a) For a period not to exceed six (6) hours, if all of the following apply:

(i) The child is alleged to be a delinquent child for the commission of an act that would be a felony if committed by an adult;

(ii) The child remains beyond the range of touch of all adult detainees;

(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention;

(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention.

(b) For a period not to exceed three (3) hours, if all of the following apply:

(i) The child is alleged to be a delinquent child for the commission of an act that would be a misdemeanor if committed by an adult or is alleged to be an unruly child or a juvenile traffic offender;

(ii) The child remains beyond the range of touch of all adult detainees;

(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention;

(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention.

(C)(2) If a child has been transferred to an adult court for prosecution for the alleged commission of a criminal offense, subsequent to the transfer, the child may be held as described in division (C) of section 2151.312 [2151.31.2] or division (B) of section 5120.16 of the Revised Code.

Oklahoma

§ 130.7 (1998)

Separation from adults

No child shall be confined in any police station, prison, jail, or lockup, nor be transferred or detained in any place where such child can come in contact or communication with any adult convicted of a crime, or under arrest and charged with a crime. Provided further that any male person sixteen (16) or seventeen (17) years of age who may be in the custody of any peace officer or detained or confined in any police station, jail, or lockup, shall not be permitted to come in contact with, and shall be kept separate from, any person eighteen (18) years of age or older convicted of a crime or under arrest and charged with a crime.

10 Okl. St. § 7304–1.1 (1998) § 7304–1.1

Conditions of detention of child, detention or confinement in adult facility

(A)(2) No child alleged or adjudicated to be deprived or in need of supervision or who is or appears to be a child in need of mental health treatment as defined by the Inpatient Mental Health Treatment of Children Act, shall be confined in any jail, adult lockup, or adult detention facility. No child shall be transported or detained in association with criminal, vicious, or dissolute persons.

(E)(1) Except as otherwise provided in this section, no child shall be placed in secure detention in a jail, adult lockup, or other adult detention facility unless:

a. the child is detained for the commission of a crime that would constitute a felony if committed by an adult, and

b. the child is awaiting an initial court appearance, and

c. the child’s initial court appearance is scheduled within twenty-four (24) hours after being taken into custody, excluding weekends and holidays, and

d. the court of jurisdiction is outside of the Standard Metropolitan Statistical Area as defined by the Bureau of Census, and

e. there is no existing acceptable alternative placement for the child, and

f. the jail, adult lockup, or adult detention facility meets the requirements for licensure of juvenile detention facilities, as adopted by the Office of Juvenile Affairs, is appropriately licensed, and provides sight and sound separation for juveniles, which includes:

(1) total separation between juveniles and adult facility spatial areas such that there could be no haphazard or accidental contact between juvenile and adult residents in the respective facilities,

(2) total separation in all juvenile and adult program activities within the facilities, including recreation, education, counseling, health care, dining, sleeping, and general living activities, and

(3) separate juvenile and adult staff, specifically direct care staff such as recreation, education, and counseling. Specialized services staff, such as cooks, bookkeepers, and medical professionals who are not normally in contact with detainees or whose infrequent contacts occur under conditions of separation of juvenile and adults can serve both.

2. Nothing in this section shall preclude a child who is detained for the commission of a crime that would constitute a felony if committed by an adult, or a child who is an escapee from a juvenile training school or from a Department of Juvenile Justice group home from being held in any jail certified by the State Department of Health, police station, or similar law enforcement offices for up to six (6) hours for purposes of identification, processing or arranging for transfer to a secure detention or alternative to secure detention. Such holding shall be limited to the absolute minimum time necessary to complete these actions.

a. The time limitations for holding a child in a jail for the purposes of identification, processing, or arranging transfer established by this section shall not include the actual travel time required for transporting a child from a jail to a juvenile detention facility or alternative to secure detention.

b. Whenever the time limitations established by this subsection are exceeded, this circumstance shall not constitute a defense in a subsequent delinquency or criminal proceeding.

3. Nothing in this section shall preclude detaining in a county jail or other adult detention facility an 18-year-old charged in a juvenile petition for whom certification to stand trial as an adult is prayed.

4. Nothing in this section shall preclude detaining in a county jail or other adult detention facility a person provided for in Section 7304–1.2 of this title if written or electronically transmitted confirmation is received from the state seeking return of the individual that the person is a person provided for in Section 7304–1.2 of this title and if, during the time of detention, the person is detained in a facility meeting the requirements of 7304–1.3 of this title.

5. Nothing in this section shall preclude detaining a person, whose age is not immediately ascertainable and who is being detained for the commission of a felony, in a jail certified by the State Department of Health, a police station, or similar law enforcement office for up to twenty-four (24) hours for the purpose of determining whether or not the person is a child, if:

a. there is a reasonable belief that the person is eighteen (18) years of age or older,

b. there is a reasonable belief that a felony has been committed by the person,

c. a court order for such detention is obtained from a judge of the district court within six (6) hours of initially detaining the person,

d. there is no juvenile detention facility that has space available for the person and that is within thirty (30) miles of the jail, police station, or law enforcement office in which the person is to be detained, and

e. during the time of detention the person is detained in a facility meeting the requirements of sub-paragraph f of paragraph 1 of this subsection. The time limitation provided for in this paragraph shall include the time the person is detained prior to the issuance of the court order. The time limitation provided for in this paragraph shall not include the actual travel time required for transporting the person to the jail, police station, or similar law enforcement office. If the time limitation established by this paragraph is exceeded, this circumstance shall not constitute a defense in any subsequent delinquency or criminal proceeding.

F. Nothing contained in this section shall in any way reduce or eliminate a county’s liability as otherwise provided by law for injury or damages resulting from the placement of a child in a jail, adult lockup, or other adult detention facility.

10 Okl. St. § 7306–2.4 (1998)

Treatment of a child certified as an adult or youthful offender in criminal proceedings

D. Upon arrest and detention of a person subject to the provisions of Section 7306–2.5 or 7306–2.6 of this title, the person has the same right to be released on bail as would an adult in the same circumstances and, if detained, may be detained in a juvenile detention facility or in a county jail if separated from the adult population as otherwise authorized by law.

E. Upon a verdict of guilty or entry of a plea of guilty or nolo contendere by a youthful offender who has been certified for the imposition of an adult sentence as provided by Section 7306–2.8 of this title the person may be detained as an adult and, if incarcerated, may be incarcerated with the adult population.

State Statutes That Govern the Transfer of Juveniles to the Adult Court System, part 4

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Maryland

Md. Courts and Judicial Proceedings Code Ann. § 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, § 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 sub-rule

(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;

(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 sub-rule (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,

(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 § 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 § 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 § 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 § 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 § 27a. This indicates there is an absolute prohibition against placing a juvenile with adult prisoners in any facility whatsoever. The second sentence of § 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 § 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

§ 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

§ 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

§ 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

§ 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 safe keeping 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 safe keeping 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; § 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.

State Statutes That Govern the Transfer of Juveniles to the Adult Court System, part 3

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Illinois

§ 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, kidnapping, aggravated kidnapping, 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 non-secure 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. § 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. § 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 § 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 toanother 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 post-arrest or pretrial detainees.

Kansas

§ 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 § 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;

(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 non-metropolitan 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 non-metropolitan 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 kidnapping, 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 Sub-paragraph (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 Sub-paragraph (2) of this Paragraph and a bill of information charging any of the offenses listed in Sub-paragraph (2) of this Paragraph is filed.

(2) (a) Attempted first degree murder.

(b) Attempted second degree murder.

(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 Sub-paragraph (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

§ 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.

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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 sub-paragraph (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 preventcontact 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. § 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. § 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. § 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. § 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. § 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

§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 sub-paragraph (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 § 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

§ 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.

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Alabama

§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

§ 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.

(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

§ 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

§ 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 § 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 sub-chapter 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 § 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, non-secure 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 non-secure 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
§ 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.

Housing Strategies

2012-05-11T12:00:00.000-04:00

Many jurisdictions would benefit from an assessment of the type of housing that is most effective for managing this population. For example, the cost and benefits of separating youthful offenders from adult offenders should be examined. Given their relatively small numbers, cost-effective options for this type of separation should be developed. Because most youthful offenders are managed in dormitory facilities, the specific management issues relevant to this housing arrangement should be fully explicated. Given that the volatility and impulsiveness that typically underlies a juvenile’s presence in an adult facility can be contagious, correctional systems would benefit from technical assistance focused on strategies for mitigating these situations. Further, best practices associated with appropriate interaction between juvenile and adult offender populations would help increase institutional stability.

Continued Research

Finally, given the relative newness of this issue and the lack of knowledge surrounding the conditions, impact, and consequences of juvenile incarceration in adult facilities, additional research is required. In particular, research is needed to better understand the basis for the decision to place a youth in an adult correctional facility. We also need to learn whether placement in an adult facility has an adverse impact on the conditions of incarceration. Comparative studies are required on the provision of education and vocational services, substance abuse treatment, mental health services, and medical needs as well as protection from harm in juvenile andadult facilities. Such comparative studies will help determine the value of housing youth in adult prisons and jails. If such placements are required by law, adult facilities must know how to create appropriate program offerings and standards of care for youth placed in their care for substantial periods of time.

Behavior Management Techniques

2012-05-10T12:00:00.000-04:00

The popularity of “get tough” approaches to managing offenders, particularly military models, need to be evaluated for their effectiveness for
youthful offenders. Further, security staff would benefit from the development of methods to provide incentives for good behavior and for increasing the level of engagement of the youthful offender populations with the available programming. Here again, most juvenile correctional systems have implemented a variety of positive management programs that allow youth to receive increasing levels of privileges based on good behavior. Such initiatives have proved to be effective methods for managing juvenile populations. Yet, adult correctional systems rarely use or have any experience with such systems.

Programming

2012-05-09T12:00:00.000-04:00

Surveys indicated a deficit in specialized programming for youthful offenders. In some cases, programming such as violence interruption or sex offender treatment is not available. In most others, existing programming was designed to respond to these issues as manifested in the typical adult offender and lacked a more developmentally responsive adaptation of the curricula. Although this situation may be driven by the relatively small number of juveniles in most adult facilities, the lack of appropriate programming for youth in adult facilities remains a major shortcoming in the management of these offenders.

Education

In addition to special management and programming needs, youthful offenders need educational programming that is more structured, thorough, and intensive than that provided in adult institutions. It is important to ensure that facilities are both aware of and adhering to federal mandates to provide regular and special education services to youth in their care. Incarcerated youth are required to receive regular, special, and vocational education services in accordance with the state law for public schools, the rules and regulations of the state board of education, and the regulations of the 14th amendment of the U.S. Constitution and the Individuals With Disabilities Education Act (IDEA).

All youth should be offered an average of 5.5 hours of daily instruction, 5 days a week, by qualified teachers, in an environment that facilitates learning. Additionally, youth ought to be assigned to grade levels with curricula that are in accordance with their educational level, and they should receive academic credit for their educational achievements. Facilities should offer GED preparation and testing to qualified prison inmates and juveniles confined in jails for at least 6 months. Youth who are in disciplinary isolation or are otherwise unable to attend school for a significant period of time must be provided with a reasonable level of education services.

Federal regulations through IDEA guarantees special education services to juveniles (up to age 21) in adult facilities as a constitutional right. Although there are no national figures on the number of special education
youth who are incarcerated, it is estimated at between 30 and 50 percent require this service. A recent study by Leone and Meisel (2000) on the proportion of special education youth incarcerated in Arizona, Florida, and Maine indicates that between 42 and 60 percent of the juvenile populations are classified as special education. This estimate shows the importance of ensuring that adequate special education services are available to those juveniles who are incarcerated. Proper identification of youth with special education needs, exposure to special education curriculum, and teachers certified as special education instructors should be available to juveniles in adult prisons as well as those in juveniles facilities. Training and technical assistance programs could be developed in partnership with the U.S. Department of Education or the state’s education system.

Staff and Staff Training

2012-05-08T12:00:00.000-04:00

The need for meaningful training of adult security staff on techniques for managing youthful offenders was apparent during most of the site visits. Typically, security staff are oriented and trained to deal with adult inmates. Training should prepare staff to recognize and respond to the particular issues faced by a juvenile offender housed in an adult prison, such as the potential for victimization, the emotional effect of incarceration on younger populations, and the way in which substance abuse, education, health, and mental health needs are manifested among younger offenders. This training would be particularly useful for states that have facilities designated for youthful offenders.

Along these lines, it is recommended that adult facilities that house youthful offenders be staffed with people experienced in working in juvenile facilities. These staff are more accustomed to the non-confrontational methods used to control youth that rely less on use of force techniques and more on peaceful conflict resolution.

Staff in adult facilities are trained to respond to disruptive and confrontational adult offenders. The use of chemical agents such as mace or pepper spray, forced cell extractions, physical restraints, and special response teams, although typically effective with adult offenders, may not be appropriate for juvenile populations. Most juvenile correctional systems discourage the use of such techniques as viable methods of controlling youth except in the most extreme situations, and even then only when lesser measures have been exhausted. Physical handling of a youth is permitted only when other measures, such a counseling and crisis intervention techniques, have failed. For such instances, officers are trained on a myriad of other measures such as empty-hand control tactics, which include various holds, leverage, pressure, self-defense measures, and pressure control techniques.

Adult facilities require assistance and training in devising such techniques that do not rely upon a massive use of force yet are effective in deescalating volatile incidents involving youthful offenders.

Classification Systems

2012-05-07T12:00:00.000-04:00

The traditional classification instruments developed for and used with adult correctional populations do not take into account the special needs or the maturation issues presented by youthful offenders. Prison classification systems have been developed and validated on adult male populations and are not sensitive to the unique attributes and behaviors of youthful populations. These classification systems consist of both external and internal models.

External classification systems are used to determine whether an inmate should be placed in the general population or assigned to a special management unit. The latter consists of protective custody, administrative segregation, mental health, and medical care units. The former results in a designation of minimum, medium, close, or maximum custody. Assessments are also made on the types of programs or treatment services the inmate should participate in. Based on the custody and program/treatment needs, a determination is made on the most appropriate facility to which to transfer the inmate.

One suggestion is for adult correctional systems either to use classification systems that have been developed by the state’s juvenile correctional agency or to develop their own system to be used for youth committed to their care. Such a classification system should be capable of assessing each youth with respect to their risk to public safety, institutional conduct, and specific program needs in the areas of mental health, substance abuse, education, vocational training, and medical care.

In addition to this type of an external classification assessment, an internal classification system needs to be established for each facility that houses these youth to ensure youthful offenders are not improperly housed with adult inmates. Such an internal system would consist of a plan that limits the housing units into which a youthful offender can be placed and the types of programs in which a youthful offender can participate within that facility.

Alternative Strategies and Technical Assistance

2012-05-04T12:00:00.000-04:00

This report focuses on identifying the extent and characteristics of the youthful offender populations currently incarcerated in adult facilities and on documenting their conditions of confinement. These findings suggest that the phenomenon of youthful offender incarceration in adult correctional facilities is a burgeoning issue in many correctional systems across the nation. Correctional administrators need alternative strategies to address the issues associated with managing young offenders in an adult correctional environment while responding to their unique needs with developmentally appropriate programming. The following recommendations are offered for further research and present suggested topic areas in which the Bureau of Justice Assistance and other public and private agencies should be prepared to establish standards and to provide technical assistance to correctional agencies responsible for managing this growing population.

Major Findings

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There is substantial variation in each states’ approaches to dealing with youthful offenders, in terms of definition, legal status, and programming. Staff in adult correctional facilities tend to find youthful offenders more volatile and more difficult to deal with. Integrating programming with a well-designed operating philosophy, as in Arizona, appears to enhance offender acceptance and enthusiasm for programming.

Most residents of surveyed facilities had backgrounds of violence or long criminal histories or both. Diverse strategies were employed to deal with the complex constellation of needs of the youthful offender population. Some systems focused on incentives for programming, whereas others focused on the safety and security of the institution. Older facilities are often challenged to provide sophisticated programming as they are limited by the size and construction of the physical structure. The inmate population brings with it two challenges that must be addressed. First, the serious and violent offense profiles of most youthful offenders pose significant safety and security issues to the operation of the facilities. A structured environment is required to maintain the orderly operation of the facilities, but given the juveniles’ status, management techniques that do not employ massive
force must be used. Second, this population’s significant developmental, emotional, and cognitive issues can be addressed by appropriate programming. Further, the gender-specific needs of girls in the adult correctional system deserve equal attention. The expertise of the staff in these areas appears to be a critical link to the quality of services and the orderly operation of the facility.

Florida Department of Corrections, part 4

2012-05-02T12:00:00.000-04:00

General observations

The Florida Department of Corrections has taken a proactive stance in developing a comprehensive approach to the incarceration of young offenders. In its designated youthful offender facilities, the department offers standard educational and treatment programs, as well as the Extended Day Program that seeks to address the energy level, aggression, and impulsiveness of youthful offenders. Although administrators attempt to distinguish between very young offenders and young
adults in housing assignments, no provisions are made to provide developmentally appropriate programming specific to the needs of 14 to 17 year-olds. Given the unique issues and needs of adolescents, the Florida program may compromise its effectiveness by targeting too broad an age group.

Florida Department of Corrections, part 3

2012-05-01T12:00:00.000-04:00

Offender Profiles

File reviews of youth incarcerated at these facilities were consistent with the data collected by the surveys. The majority of youthful offenders held in Florida correctional facilities have a history of serious violent offenses, with a smaller number having lengthy criminal records for property, weapons, and drug-related offenses. In many cases, the offense for which they were sentenced had been plea-bargained from a more serious criminal offense. Among the four facilities visited, approximately 50 percent of the resident population were committed for serious violent offenses such as murder, rape, or aggravated assault. The remainder of the population was composed of serial property offenders, many with a record of violent criminal activity.

The Florida Youthful Offender Program includes offenders up to age 24, but in the facilities visited, the majority of the offenders were either 16 or 17 years old. A small number of 14- and 15-year-olds were also noted in each facility. The average length of stay in the facilities was 17 months. However, this figure does not differentiate between offenders released from the correctional system and offenders transferred to adult facilities to serve out the balance of their sentences. The ethnic composition of the population at the facilities was similar to the racial breakdown of the larger Florida correctional system, with 55 percent being African American.

Staff reported significant frustration in dealing with the youthful offender population, describing them as “impulsive” and “much more difficult to manage” than adult offenders. Moreover, the unpredictable behavior of the 16- and 17-year-old population seemed to spread to the older residents, influencing their behavior. Although the department has developed a standard 40-hour youthful offender training program to equip staff with skills to manage these youth, staff report that the training curriculum needs to be updated to better reflect the type of problems they must face. One frequently mentioned issue was that Florida’s reduction of gain-time eligibility, in conjunction with the advent of truth in sentencing, severely reduced incentives for good behavior among the population. With a diminished ability to reward good behavior in a tangible fashion, staff have not yet discovered a meaningful substitute to promote compliance with institutional rules. As a result, property damage, for example, is a major problem at the Hillsborough Correctional Institution, where supervision is complicated by the poor design of the facility.

An interesting observation made by staff at several facilities was that the recent increase in the capacity of the Florida Youth Agency has taken substantial pressure off the adult correctional system. In the past, the small capacity of the Florida juvenile correctional system created pressure on the courts to transfer youthful offenders to the adult correctional system. This trend is now beginning to reverse, and many youth, particularly less serious offenders traditionally sent to the adult correctional system, are now being incarcerated in the juvenile system.

The most notable facility visited was the Indian River Correctional Institution. This facility was distinguished by a strong staff commitment to encourage rehabilitation and to create opportunities for positive change. While the facility’s mission and program structure were similar to those of the other youthful offender facilities, the staff at Indian River were exceptional in their dedication to service and their realistic, but positive, view of their ability to change the inmates’ lives. Cynicism and staff burnout, characteristics of corrections professionals working with youthful offenders, were not evident.

The facility is unique in several ways. A volunteer services program in 1997 attracted more than 2,000 volunteers to provide services to residents of the facility. The community of Indian River gives between $12,000 and $15,000 each year to the institution to provide items and services not funded by the state’s budget. Also unique to the facility is its orientation program, during which department heads personally list the rules and describe opportunities available to newly arrived residents. This esprit de corps and the positive impact of this programming were evident in the orderly appearance and operation of the institution.

Florida Department of Corrections, part 2

2012-04-30T12:00:00.000-04:00

Services

Three youthful offender institutions were visited: Brevard, Hillsborough, and Indian River Correctional Institutions. The team also visited the Florida Correctional Institution, an institution for adult female offenders that manages a small youthful offender program. The programs at each facility were similar and are described below.

Central to all four facilities is the Extended Day Program. This program uses a quasi-boot camp structure emphasizing constant activity to keep residents productively occupied in exercise activities, classes, or work detail throughout the day. Programming begins at 5:30 a.m. with military drill and exercise. School programs operate from 8 a.m. to 8 p.m. weekdays, with other scheduled program activities on weekends. The program operates in a regimented, military atmosphere. Residents are required to ask staff permission to pass by, to stand at attention in the presence of ranked staff, and to use “Yes sir” and “No sir” when speaking. The program uses a ranking system, signified by the color of hat the inmate is required to wear, for access to privileges such as telephone use, commissary access, and visitation rights. Advancement through these ranks is based on good conduct and satisfactory progress in the program.

The premise of the Extended Day Program is that youthful offenders are volatile and impulsive, so more intensive levels of activity are required to manage their behavior. Essentially, the program tries to wear down offenders physically so that they have neither the time nor the energy to engage in misconduct. A high level of activity and structure creates a more receptive attitude toward programming, particularly educational programming. Resistant youth are faced with the prospect of transfer to an adult correctional facility.

Florida’s youthful offender facilities offer standard GED programs, special education services, and vocational training. The facilities also offer medical and mental health treatment services, including therapeutic units for drug and alcohol abuse. In assessing program needs, staff identified a need for a violence interruption program and a life-skills program to assist residents in reintegrating into society.

Florida has attempted to separate youthful offenders from the adult population by dedicating facilities for the youthful offender program. However, the state’s definition of a youthful offender, essentially any offender between the ages of 13 and 24, is broad. Within the youthful offender facilities, attempts are made to further separate offenders by age and type of offense, but program activities generally mix program residents of all ages. The department modifies the Extended Day Program for very young offenders.

Because of their small number, female youthful offenders are incarcerated with adults at the Florida Correctional Institution. The youthful offenders at this facility are housed in a dormitory separate from the adult population. Although they participate in the Extended Day Program, youthful offenders are mixed with the facility’s adult population for all other programs and services.

Florida Department of Corrections, part 1

2012-04-27T12:00:00.000-04:00

Brevard Correctional Institution, Sharpes, Florida

Florida Correctional Institution, Lowell, Florida

Hillsborough Correctional Institution, Riverview, Florida

Indian River Correctional Institution, Vero Beach, Florida

Program Descriptions:

The state of Florida operates a youthful offender program for inmates up to age 24 who have received an adult sentence and have been committed to the Department of Corrections. Offenders in this age group with an adult sentence of less than 10 years are eligible for the program. Offenders under the age of 24 who have been convicted of murder or who are serving life sentences are not eligible for the program. Florida law also permits juvenile court judges to certify individuals meeting these criteria into the program. The department can also designate individuals for placement into the program.

The vast majority of youthful offenders in Florida, age 17 or younger, are participating in the youthful offender program. Exceptions are those youth who have been decertified from the program and transferred to adult correctional facilities. These decertifications are generally for disciplinary reasons. Decertifications have also been made to create space for new admissions to the program. Statutes allow the department to recommend sentence reductions to the court for youth who have completed the program and appear ready for reintegration into society. Several facilities report making recommendations for sentence reductions to the department’s central office, but to date, none of these recommendations have been forwarded to the court.

The department designates specific institutions to house the youthful offender program to insulate participants from the general adult prison population. These youthful offender facilities are further categorized by the typical age of their residents. Facilities are designated for two populations: (1) youth between ages 13 and 18 and (2) youth between ages 19 and 24. In practice, however, both types of youthful offender facilities house significant numbers of offenders of all ages. These facilities house youthful offenders with the full range of custody classifications, which include minimum, medium, and close management classes. Staff at these facilities must undergo a 40-hour training program on managing youthful offenders.

Management Issues, part 3

2012-04-26T12:00:00.000-04:00

General Observations

SMU II appears to be the only institution in the United States that provides a super maximum-security environment for youthful offenders. However, this level of security is more a function of the way Arizona has chosen to manage and provide programs for this population than a reflection of the nature of the offenders. Although violent and disruptive, the offenders housed in SMU II are not significantly different from the juvenile offenders found in the segregation units of most maximum-security juvenile correctional facilities across the country. SMU II’s innovative approach to programming for these difficult-to-manage youth is unique. The juvenile unit at SMU II functions as a controlled setting for the delivery of services to juveniles who have been disruptive to the general facility population.

Within the tightly controlled context of a super maximum-security facility, SMU II staff have developed programs that complement the facility security. Staff use the control aspects of the environment to increase incentives to participate in educational and treatment programs. The program offerings are well developed, are specific to population needs, and have written criteria to evaluate progress and performance. Moreover, the offenders' progress through these programs is connected to the reclassification of the offender back to the general population. The concerns that might be expressed about the impact of a maximum-security environment on youth appear to be substantially mitigated by the quality of the programs offered at the facility and the incentives for offenders to use these offerings productively. The enhanced control and discipline of SMU II may provide the degree of structure required to successfully control and provide program services for certain types of youthful offenders.

Management Issues, part 2

2012-04-25T12:00:00.000-04:00

Offender Profiles

Of the 20 youth housed in SMU II, more than half were sentenced to prison for violent crimes, including 7 sentenced for serious property offenses. The main reason for their placement in SMU II was typically a serious infraction of department rules involving an assault on staff or on other inmates or gang activity. Half of the residents were Hispanic, six were black, and four were white. Sixteen of the residents were 17 years old, three were 16 years old, and one was 15, the youngest resident ever housed at the facility. The longest period of commitment to SMU was 13 months, and the minimum stay was 6 months.

A review of a sample of the case files of unit residents confirmed that most had a history of violent offenses. The following cases are representative of the backgrounds of youth incarcerated at SMU:

Offender one was a 15-year-old serving a minimum of 5 years for assault and possession of a weapon for his involvement in a gang related, drive-by shooting. His background showed no prior juvenile or adult criminal record but indicated a history of alcohol and substance abuse. He had completed the ninth grade. His placement at SMU II was the result of an assault on staff.

Offender two was a 16-year-old serving a minimum of 8 years for armed robbery. At the time of this offense, he was on adult probation for other offenses. He has an extensive juvenile record, including several convictions for weapons-related charges. He was transferred to SMU II for multiple incidents, including inciting a riot, creating a work stoppage, and participating in an institutional disturbance.

Offender three was a 16-year-old serving a minimum of 5 years for aggravated assault. The offense occurred during his participation in a drive-by shooting. His background indicated a history of alcohol and drug abuse that began at age 12. Prior to his latest arrest, he had more than 20 arrests as a juvenile for a variety of offenses. He was transferred to SMU II for multiple episodes of misconduct, none of which involved violent behavior.

Offender four was a 16-year-old serving a minimum of 3.5 years for possession of a stolen vehicle, assault, and aggravated assault. His background indicated 10 prior juvenile arrests and 3 prior dispositions in adult court. He was transferred to SMU II for threatening an employee and other episodes of misconduct.

Offender five was a 16-year-old serving a minimum of 10 years for attempted murder committed during a gang-related, drive-by shooting. His background indicated no previous criminal record but showed extensive alcohol and drug abuse. He was transferred to SMU II for assault.

Offender six was a 16-year-old serving a minimum of 18 years for manslaughter. His record showed prior juvenile dispositions. He was transferred to SMU II for assaulting staff.

Arizona laws are flexible in their criteria for the transfer of a juvenile to adult court. Because of this flexibility, the youthful offender population has committed a wide range of offenses. Most of the offenses described in the case files are serious, but several would not qualify for transfer in other states. Four of the six offenders received a sentence for a lesser offense resulting from a plea bargain.

Alcohol and drug use as well as gang involvement were frequently noted in the offender’s background. Most surprising was the absence of any prior criminal record for two offenders. A variety of disciplinary infractions had resulted in placement at SMU II.

Management Issues, part 1

2012-04-24T12:00:00.000-04:00

The presence of youthful offenders in facilities designed and operated for adult offenders creates issues for correctional administrators. The strategies for addressing these issues vary widely among states, depending on the system for committing youth to adult correctional facilities, the nature of the facilities utilized, and the experience of the staff dealing with youthful offenders. To better assess the issues facing correctional administrators and the management strategies currently in place, the project team visited several states with adult prisons and jails that house juveniles.

Table 12 presents summary data on the institutions that participated in this review. Sites were selected based on their distinct programs and the number of youthful offenders incarcerated in the adult facilities. One cannot assume that the facilities visited are typical of all adult facilities (jails and prisons) holding youthful inmates. The objective was to visit several facilities to document how various correctional systems are dealing with this issue.

The project team examined several components at each site. Members focused on gaining an appreciation of the way administrators perceive the youthful offender issue and identifying the management strategies each jurisdiction has developed. The findings of the project team are summarized below for each system and facility visited.

Constructed in 1997, SMU is a state-of-the-art super maximum-security facility. The unit is designed to hold 20 juvenile offenders and currently operates at full capacity. All functions related to the operation of the unit are provided onsite. Juveniles’ movements to programs and services outside the unit are controlled by rigid schedules and physical barriers that ensure total separation from the adult population. The facility is currently under a consent decree relating to crowded living conditions, program availability, medical and mental health services, disciplinary policy, and access to legal services and mail.

Arizona uses an objective classification system to guide placement in the super-maximum custody status. The classification instrument assigns points for a variety of factors, including the nature of the offense, escape history, and misconduct while in prison. The resulting score can be reduced by remaining free of serious misconduct while at SMU and by completing specific programs, such as the GED program.

The unit functions as a typical super maximum-security facility, allowing residents limited personal property, prohibiting audiovisual equipment, and requiring residents to wear a uniform. Youth are permitted to exercise outside the cell for three 1-hour periods each week and may take three showers per week. Visits are non-contact and limited in number and duration. Inmates are shackled and escorted by officers during all movements outside the cell. The day-to-day operation of the unit is similar to the operation of typical adult, super maximum-security units, with emphasis placed on discipline and control.

Services

SMU has a well-conceived array of programs for youthful offenders. Youth must participate in and complete two of three programs, listed below.

Hazelden’s

A Design for Living. This substance abuse treatment program is based on the Alcohol Anonymous 12-step program. The course consists of reading short booklets and completing a test, writing an essay, or both. Successful completion of the program reduces an offender’s classification points.

Cage Your Rage

This anger-management program is based on techniques developed at the Saskatchewan Penitentiary in Canada and assists offenders in recognizing feelings of anger, their causes, and methods to control and modify anger. This program is mandatory for all unit residents.

Biblio Program

This literacy self-help program is based on readings and essays from a list of materials. Upon completion of a reading assignment, the youth must write an essay on the material’s relevance to his life.

Program participation is based on a clinical assessment of each youth’s needs. The program offerings are designed to accommodate the disciplinary structure of SMU.

Youth must comply with grooming standards, attend study periods, and maintain their cells in accordance with SMU regulations. All youth are expected to participate in physical fitness, mental alertness, and recreational programs, which include word-search contests, puzzles, and fitness challenges and testing.

The facility offers a range of educational programs, including mandatory GED preparation. Residents who already have diplomas must complete a book report every 2 weeks. Vocational courses are offered, but college level courses are not available. Each resident is afforded 3 hours each day to attend classes. Instruction is provided in an area with adjacent study cells facing a common instruction area. In this manner, instruction can be provided on a face-to-face basis with group interaction, while maintaining a high degree of security. Instruction is enhanced with a variety of sophisticated instructional aids, and each study cell is wired for video and audio instructional systems controlled by the instructor.

This learning environment results in a positive atmosphere. Class participation is high, and residents seem to value the program and appear motivated to achieve their educational goals. Because educational programs provide one of the few opportunities that youth have for out-of-cell time and interaction, great significance is attached to participation in them.

Medical staff, including doctors, nurses, and mental health professionals, are available daily. Youth with serious mental health issues are not eligible for the program. There are no facilities in SMU for intensive mental health services, and sight and separation issues make using the larger facility’s mental health unit problematic. On the day of the site visit, 20 percent of the residents were receiving mental health treatment. Despite the prevalence of mental health issues in adult super maximum facilities, SMU staff did not indicate any special mental health needs for the youthful offender population. The relatively low level of serious mental health issues may be attributable to careful screening of candidates for the unit. A review of files did not reveal any indicators of serious mental health issues (e.g., suicide attempts) and showed that mental health services were routinely being provided.

Characteristics of Juveniles Housed in Adult Jails and Prisons, part 3

2012-04-23T12:00:00.000-04:00

Facility Survey Findings

Actual confinement conditions represent critical issues for both correctional managers and youth advocates. To better understand the conditions under which youthful offenders are being incarcerated, this section examines data from surveys of adult facilities that housed youthful offenders.

Every state and local correctional system participating in the survey was sent separate surveys for each facility under its jurisdiction that housed youthful offenders. In total, data were collected from 196 adult institutions that housed youthful offenders. However, 15 of these surveys were excluded from the final analysis because they were returned with significant amounts of missing information.

Of the 181 adult facilities that responded to the survey, 148, or 82 percent, were adult prisons. The majority of these institutions, 74 percent, were either medium- or maximum-security institutions. The predominance of higher security facilities appears to be associated with the offense profile of this population, which, as noted earlier, was heavily weighted toward serious violent offenses. Forty-two percent of the institutions were located in small cities, suburbs, or rural areas, following the typical profile of adult prisons. Only 11 percent were located in large cities.

Of the facilities that responded to the survey, only 13 percent maintained separate facilities or units for youthful offenders. By far the more common practice appeared to be that no differentiation was made between adult and juvenile housing units. This finding is perhaps not surprising when viewed in the context of the rationales for moving youth to adult correctional facilities—the increasing severity of their crimes, the failure of rehabilitation, and the difficulty experienced in managing their behavior.

The age of the facilities housing youthful offenders ranged from new to 163 years old. More than 25 percent of the facilities were opened before1965. Another 50 percent were opened between 1965 and 1987. The remaining 25 percent have been open since 1987. The median age of these facilities was 20 years.

Consistent with the operating practices of most adult correctional facilities, 98 percent of the facilities surveyed did not permit community access for youthful offenders. This situation reflects the predominance of medium and maximum-security prisons in the survey and may be more indicative of the serious nature of the offenses for which these youth have been incarcerated than of a lack of appropriate programming for youthful offenders. Lack of community access may also result from the largely rural locations of many adult correctional facilities.

Summary

The housing of juveniles in adult facilities is more frequent than ever before. Most state adult correctional systems house youthful offenders. Of the 54 jurisdictions responding (50 prisons and 4 jails), 87 percent housed incarcerated juveniles. In terms of their status while incarcerated, 96 percent of the reported youthful offender population fell into two categories: 23 percent were held as adjudicated juvenile offenders or pretrial detainees (mostly in the jails that responded to the survey) and 77 percent were sentenced as adults and housed in state prisons.

Juveniles constitute an extremely small proportion of offenders in the nation’s prison system. At the time of this survey, there were 1,069,244 inmates in state prisons but only 4,775, (or 0.5 percent) were under age 18.

Respondents reported 13,876 youthful offender admissions to adult correctional facilities in 1997. The total average female youthful offender population for all reporting systems was only 843 offenders.

The age distribution of the youthful offender population was heavily skewed toward 17-year-olds. Approximately 78 percent of the reported youthful offender population was age 17, with another 18 percent in the 16-year-old category.

Youthful offenders are housed primarily in medium- or maximum-security facilities. Of the institutions surveyed, 42 percent were located in small cities, suburbs, or rural areas, again following the typical profile of adult prisons. Only 11 percent were located in the large cities. Of the facilities that responded to the survey, only 13 percent maintained separate facilities or units for youthful offenders. The more common practice appears to be that no differentiation is made in housing for youthful offenders in adult facilities.

Characteristics of Juveniles Housed in Adult Jails and Prisons, part 2

2012-04-20T12:00:00.000-04:00

Findings

Most state adult correctional systems house youthful offenders. Of the 54 jurisdictions responding, 87 percent housed incarcerated juveniles. In terms of the legal status of incarcerated juveniles, 96 percent of the reported youthful offender population fell into two major categories: 23 percent were held as adjudicated juvenile offenders or pretrial detainees, and 75 percent were sentenced as adults.

Two objectives of the survey were to identify the characteristics of youth currently held in adult correctional facilities and to compare the characteristics of the youthful offender population with those of adult offenders held in the same facilities. These data provided information on the types of youth who were incarcerated in adult facilities and their similarities to the adult population housed in these facilities.

The total adult correctional system capacity identified by survey respondents was 826,289 beds. Of the respondents, 46 percent maintained housing designated for youthful offenders. The capacity of these units for youthful offenders totaled 6,708 beds or less than 1 percent of the overall system capacity identified by the respondents.

Seventeen states and the District of Columbia indicated that they maintained separate housing specifically for youthful offenders (table 4). The presence of separate housing for youthful offenders does not necessarily mean that all youthful offenders were housed in these separate facilities. States with large youthful offender populations, by necessity, often housed youthful offenders with the adult population when their housing capacity for youth was exceeded. Although a significant number of states maintained separate housing for youthful offenders, their definition of a “youthful” offender was frequently more expansive than the definition used here. In Florida, for example, youthful offenders from the ages of 14

to 24 were provided with dedicated housing and programs.

The number of youthful offenders in each system surveyed is presented in table 5, along with data on the reported number of adult offenders in these systems. The total adult residential population identified by the survey was 1,069,244 offenders in 1998. The youthful offender population totaled4,775 or 0.5 percent of the total population. For these same respondents, the average system population for calendar year 1997 was 937,460 offenders, with an average youthful offender population of 4,078, again roughly 0.5 percent of the total population. The total average female youthful offender population for all reporting systems was 158 offenders, which is approximately 3.3 percent of the entire youthful offender population in adult facilities. This proportion of female offenders is somewhat lower than that reported for adult female offenders. Survey respondents indicated that adult female offenders constituted approximately 6 percent of the total adult offender population. Approximately 22 percent of the systems surveyed were planning to expand their youthful offender capacity (table 6).

The profile of youthful offenders in adult facilities shows the predominance of youth convicted of crimes against persons. Fifty-seven percent of all youthful offenders were being held for an offense against a person, compared with 44 percent of the adult inmate population. Property offenders made up 21 percent of the youthful offender population and
20 percent of the adult population. Juveniles in adult facilities were less likely to be held for drug-related offenses than their adult counterparts (10 percent and 20 percent, respectively). The remaining major distinction between the offense profiles of the adult and youthful offender populations was the presence of a significant number of parole/probation violators in the adult population. Respondents reported that 8 percent of the adult offender population were parole/probation violators, compared with only 2 percent of the youthful offender population.

These data suggest that the perception that youthful offenders are being transferred to adult correctional systems for more serious offenses is largely accurate. Violent offenders made up a substantially higher proportion of the youthful offender population in adult facilities than were present in the adult offender population. Although some research indicates that the majority of juvenile transfer cases involve nonviolent, less serious offenses, these data suggest that the justice system draws appropriate distinctions in determining the types of youthful offenders who are sent to adult correctional facilities.

In terms of race/ethnicity, 55 percent of the youthful offender population was black, compared with 48 percent of the adult offender population. The proportion of the youthful and adult population with a Hispanic background was 14 percent and 15 percent, respectively. Approximately 26 percent of the youthful offenders were white, compared with 35 percent of the adult population. These data suggest that the concerns expressed regarding the over representation of minority youth among juvenile offenders in adult facilities have some basis, at least with regard to black males.

The age distribution of the youthful offender population was heavily skewed toward 17-year-olds. Approximately 78 percent of the reported youthful offender population was 17, with another 18 percent in the 16-year-old category. In a number of states such as Illinois, Michigan, and New York, 17-year-olds are considered adults. Accordingly, the presence of 17-year-old offenders in these states’ populations does not necessarily reflect a policy of juvenile transfer, but simply a function of the normal prosecution of adult offenders. Few offenders were below the age of 16 in adult correctional facilities. The youngest reported age of a youthful offender in an adult facility was 13 years.

In the course of a year, the number of youth experiencing some form of incarceration in an adult facility is much higher than the number shown by a 1-day count. Respondents reported 13,876 youthful offender admissions to adult correctional facilities in 1997. Not all jurisdictions reportedrelease data; those that did reported 7,886 releases in 1997. The average length of stay for youthful offenders was 106 days for female offenders and 231 days for male offenders. These data are for youth who completed their time served, so they understate the actual length of stay for the youthful offender population by excluding more serious offenders with long-term sentences.

The program offerings of the adult systems were fairly consistent, focusing on education and basic counseling services. As shown in table 10, most respondents offered formal elementary and secondary education programs, special education, general equivalency diploma (GED) preparation, individual counseling, and psychological/psychiatric treatment. In addition, 85 percent offered vocational programs, 50 percent offered college courses, 81 percent offered AIDS prevention counseling, and 84 percent offered health/nutrition programs. Only 56 percent offered substance abuse treatment, 26 percent offered sex offender treatment, and 40 percent offered youth violent offender treatment.

Health services offered to youthful offenders were also fairly consistent. All respondents offered initial health screenings conducted by licensed personnel. Doctors, nurses, nurse practitioners, and mental health personnel were available in most systems on a daily basis.

Characteristics of Juveniles Housed in Adult Jails and Prisons, part 1

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A current and accurate enumeration of juveniles confined in adult prisons and jails is essential to understand the issue of youth in adult facilities. Data on youthful offenders in national reports were not sufficiently complete or comprehensive to achieve the level of detail required for this study. Consequently, a comprehensive national survey of adult jail and prison systems was required. Two survey instruments were developed to obtain data on youthful offenders, one for adult state prison systems and one for state and local adult correctional facilities. Both surveys were modeled after the Bureau of Justice Statistics correctional facility surveys. The most critical assumption in developing the surveys was a precise definition of a youthful offender. For these surveys, a “youthful offender” was defined as a person age 17 or younger. In most states, 18-year-old offenders are considered adults and are normally tried in adult court. By focusing on the population age 17 and younger, the surveys concentrated on offenders generally considered juveniles and whose presence in adult correctional facilities was exceptional.

The purpose of the correctional system-level survey was to collect data on the number and characteristics of all youthful offenders incarcerated in a state’s prison system, as well as to compare these characteristics with those of the adult offenders incarcerated in the system. The survey collected data on the custodial status of the juvenile residential population, housing patterns, offense background, race/ethnicity, age, length of stay, disciplinary actions, programs, litigation, health services, and capacity.

The facility-level survey was intended to provide specific information on the actual conditions of confinement in prisons and data about some of the large jail systems. This survey asked questions about facility characteristics, housing patterns, offense history, race/ethnicity, age, length of stay, disciplinary actions, programs, litigation, and health services. Although the facility survey addresses many of the issues identified in the system

survey, it is designed to give a better sense of the “fit” between the youth and the adults in these institutions.

Both the system- and facility-level surveys were sent to each state prison system, the Federal Bureau of Prisons, and 19 jail systems. The selected jails included all the major metropolitan jail systems and a sample of small and medium-size jails throughout the country. In total, 70 surveys were distributed. Surveys were mailed in September 1998, and a followup survey was mailed in January 1999. Participating state and local systems were instructed to complete the system-level survey and disseminate the facility-level survey to any facilities in their jurisdiction that housed youthful offenders. The number of participants in the facility-level survey was dependent on the number of adult facilities identified by jurisdictions as housing juveniles, the number of such facilities to which the jurisdictions mailed the facility survey, and the willingness of these particular facilities to respond to the survey.

All 50 states, 3 of the 19 jail systems (Los Angeles County, New York City, and Philadelphia), and the District of Columbia responded to the system-level survey, and 196 correctional agencies responded to the facility-level survey. Despite efforts to solicit their participation, the Federal Bureau of Prisons and other selected jail systems refused to take part in this research. Consequently, these results are not representative of the total population of juveniles in adult prisons.

State Statutes and Juvenile Transfer Laws

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During the past decade, most states have adopted legislation that permits the transfer of youth to adult courts to be tried as adults. Usually these laws target serious crimes and permit the age of jurisdiction to be lowered. Relative to the issue of juveniles in adult correctional facilities, these laws often become the basis for a juvenile to be housed in a jail if charged and awaiting court disposition or in a prison if the juvenile has been convicted and sentenced.

Between 1992 and 1996, 45 states and the District of Columbia made substantive changes to their laws targeting juveniles who commit violent or serious crimes (Torbet et al., 1996). All but 10 states adopted or modified laws making it easier to prosecute juveniles in criminal court. Nearly half of the states (24) added crimes to the list of offenses excluded from juvenile court jurisdiction, and 36 states and the District of Columbia excluded certain categories of juveniles from juvenile court jurisdiction. The list of offenses considered serious enough to warrant the transfer of youth as young as age 14 included murder, aggravated assault, armed robbery, and rape as well as less serious and violent offenses such as aggravated stalking, lewd and lascivious assault or other acts in the presence of a child, sodomy, oral copulation, and violation of drug laws near a school or park. Since 1992, 13 states and the District of Columbia have added or modified statutes that provide for a mandatory minimum term of incarceration for juveniles adjudicated delinquent for certain serious and violent crimes.

A legal method used to try a youth as an adult is accomplished by lowering the age of jurisdiction. For example, seven states (Georgia, Illinois, Louisiana, Massachusetts, Michigan, South Carolina, and Texas) set their age of jurisdiction at 16, whereas three (Connecticut, New York, and North Carolina) have lowered the age to 15. Missouri lowered the age for transfer to criminal court to 12 for any felony. In all but two states (Nebraska and New York), a juvenile court judge can waive jurisdiction over a case and transfer youth to the adult court for certain crimes and at certain ages. The number of juvenile court cases transferred to criminal court increased 71 percent between 1985 and 1994 and 42 percent from 1990 to 1994 (Butts, 1996).

Although the legal basis for waiver varies from state to state, the trend across the country is to expand the use of waivers. This expansion is being accomplished by casting wider nets for waiver by lowering the age of adult jurisdiction, by adding to the list of applicable crimes, and by adopting more procedures by which youth can be transferred to adult court (e.g., through the discretion of the prosecutor or through legislative mandate). Waiver provisions are often applied to nonviolent offenders and, in some states, running away from a juvenile institution is grounds for prosecution in adult court (Shauffer et al., 1993).