|
10A Okl.St.Ann. § 2-3-101
|
Oklahoma Statutes Annotated Currentness
Title 10A. Children and Juvenile Code
Article 2. Oklahoma Juvenile Code
Chapter 3. Detention
§
2-3-101. Conditions of detention of child--Detention or confinement in adult facility
A.
When a child is taken into custody pursuant to the provisions of the Oklahoma Juvenile Code, the child shall be detained only if it is necessary to assure the appearance of the child in court or for the protection of the child or the public.
1.
a. No preadjudicatory or predisposition detention or custody order shall remain in force and effect for more than thirty (30) days. The court, for good and sufficient cause shown, may extend the effective period of such an order for an additional period not
to exceed sixty (60) days. If the child is being detained for the commission of a murder, the court may, if it is in the best interests of justice, extend the effective period of such an order an
additional sixty (60) days.
b. Whenever the court orders a child
to be held in a juvenile detention facility, an order for secure detention shall remain in force and effect for not more than fifteen (15) days after such order. Upon an application of the district attorney and after a hearing on such application, the court,
for good and sufficient cause shown, may extend the effective period of such an order for an additional period not to exceed fifteen (15) days after such hearing. The total period of preadjudicatory or predisposition shall not exceed the ninety-day limitation
as specified in subparagraph a of this paragraph. The child shall be present at the hearing on the application for extension unless, as authorized and approved by the court, the attorney for the child is present at the hearing and the child is available to
participate in the hearing via telephone conference communication. For the purpose of this paragraph, "telephone conference communication" means use of a telephone device that allows all parties, including the child, to hear and be heard by the other parties
at the hearing. After the hearing, the court may order continued detention in a juvenile detention center, may order the child detained in an alternative to secure detention or may order the release of the child from detention.
2.
No child alleged or adjudicated to be deprived or in need of supervision or who is or appears to be a minor in need of treatment as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors 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.
3. Except as otherwise authorized
by this section a child who has been taken into custody as a deprived child, a child in need of supervision, or who appears to be a minor in need of treatment, may not be placed in any detention facility pending court proceedings, but must be placed in shelter
care or foster care or, with regard to a child who appears to be a minor in need of treatment, a behavioral health treatment facility in accordance with the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, or released
to the custody of the parents of the child or some other responsible party. When a child is taken into custody as a child in need of supervision as a result of being a runaway, the court may order the child placed in a juvenile detention facility pending court
proceedings if it finds the detention to be essential for the safety of the child.
B.
No child shall be placed in secure detention unless:
1. The child is an escapee from any
delinquent placement;
2. The child is a fugitive from another
jurisdiction with a warrant on a delinquency charge or confirmation of delinquency charges by the home jurisdiction;
3. The child is seriously assaultive
or destructive towards others or self;
4. The child is currently charged
with any criminal offense that would constitute a felony if committed by an adult or a misdemeanor and:
a. is on probation or parole on a
prior delinquent offense,
b.
is on preadjudicatory community supervision,
c. is currently on release status
on a prior delinquent offense, or
d. has willfully failed or there
is reason to believe that the child will willfully fail to appear for juvenile court proceedings.
C.
A child who has violated a court order and has had the order revoked or modified pursuant to Section 2-2-503 of this title may be placed into an Office-of-Juvenile-Affairs-designated sanction detention bed or an Office-of-Juvenile-Affairs-approved sanction
program.
D.
Priority shall be given to the use of juvenile detention facilities for the detention of juvenile offenders through provisions requiring the removal from detention of a juvenile with a lower priority status if an empty detention bed is not available at the
time of referral of a juvenile with a higher priority status and if the juvenile with a higher priority status would be more of a danger to the public than the juvenile with the lower priority status.
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 initial court appearance of
the child 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 provides sight and sound separation for juveniles, pursuant to standards required by subsection E of Section 2-3-103 of this title, or
g. 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 an Office of Juvenile Affairs 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 eighteen-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 2-3-102 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 2-3-102 of this title and if, during the time of detention,
the person is detained in a facility
meeting the requirements of Section 2- 3-103 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 subparagraph g 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 the liability of a county 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.
G.
Any juvenile detention facility shall be available for use by any eligible Indian child as that term is defined by the Oklahoma
Indian Child WelfareAct,
providing that the use of the juvenile
detention facility meets the requirements of the Oklahoma Juvenile Code. The Indian tribe may contract with any juvenile detention facility for the providing of detention services.
H.
Each member of the staff of a juvenile detention facility shall satisfactorily complete a training program provided or approved by the Office of Juvenile Affairs.
CREDIT(S)
Laws 1982, c. 312, § 18, operative Oct. 1, 1982;
Laws 1984, c. 219, § 1, eff. Nov. 1, 1984; Laws 1987, c. 209, § 1, eff. July 1, 1987; Laws 1988, c. 238, § 2, emerg. eff. June 24, 1988; Laws 1989, c. 363, § 4, eff. Nov. 1, 1989; Laws 1991, c. 296, § 7, eff. Sept. 1, 1991; Laws 1992, c. 298, § 21, eff. July
1, 1993; Laws 1993, c. 342, § 6, eff. July 1, 1993; Laws 1994, c. 2, § 3, emerg. eff. March 2, 1994; Laws 1994, c. 290, § 35, eff. July 1, 1994. Renumbered from Title 10, § 1107.1 and amended by Laws 1995, c. 352, §§ 149, 199, eff. July 1, 1995. Laws 1996,
c. 247, § 21, eff. July 1, 1996; Laws 1997, c. 15, § 1, eff. Nov. 1, 1997; Laws 2002, c. 473, §
7, eff. Nov. 1, 2002; Laws 2003,
c. 3, § 9, emerg. eff. March 19, 2003. Renumbered from Title 10, § 7304-1.1 and amended by Laws
2009, c. 234, §§ 70, 185, emerg. eff. May 21,
2009.
[FN1] Title 43A, § 5-501 et seq.
[FN2] Title 10, § 40 et seq.
HISTORICAL AND STATUTORY NOTES
2009 Main Volume
The 1984 amendment rewrote the section, which prior thereto read:
"A. Whenever a child is taken into custody pursuant to the provisions of Chapter 51 of this title, the child shall be detained only if it is necessary to assure the appearance
of the child in court or for the protection of the child or the public.
"1. No pre-adjudicatory or predisposition
detention or custody order shall remain in force and effect for more than thirty (30) days, provided, however, that the court may, for good and sufficient cause shown, extend the effective period of such an order for an additional period not to exceed sixty
(60) days.
"2. No child alleged or adjudicated to be deprived or in need of supervision 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; except that an alleged or adjudicated delinquent child twelve (12) years of age or older may, with the consent of the judge or director of a statutorily constituted juvenile bureau, be
placed in a jail or other place of detention for adults, but in a room or ward entirely separate from adults for a period of time not to exceed seventy-two (72) hours unless said time is extended by order of court as provided in this section. After July 1,
1985, no child may be detained in any jail, adult lockup or other adult detention facility.
"3. A child who has been taken into custody as a deprived child, a child in need of supervision, may not be placed in any detention facility pending court proceedings, but
must be placed in shelter care or foster care or released to the
custody of his parents or some other responsible party, except that where a child is taken into custody as a child in need of supervision as a result of being a runaway the court may order the child placed in a juvenile detention facility pending court proceedings
when it finds said detention to be essential for the safety of the child.
"B. No child may be placed in secure detention in a jail, adult lockup or other adult or juvenile detention facility unless:
"1. The child is an escapee from a correctional facility or community correctional program or placement; or
"2. The child is a fugitive from another jurisdiction with a warrant on a delinquency charge or a conformation of delinquency charges by the home jurisdiction; or
"3. The child is seriously assaultive or destructive towards others or himself; or
"4. The child is charged with a crime that would constitute a felony if committed by an adult; or
"5. The child is currently on probation
or parole on a prior delinquent offense; or on pre-adjudicatory community supervision; or currently on release status on a prior delinquent offense; or has willfully failed to appear for juvenile court proceedings and is currently charged with a misdemeanor."
The 1987 amendment, in subsection A.2, in the third sentence, substituted "Except as provided in subsection C of this section, after January 1, 1988" for "After July 1, 1987";
in subsection B.4, substituted "detained for the commission of" for "charged with"; and added subsections C and D.
The 1988 amendment rewrote the section, which prior thereto read:
"A. When a child is taken into custody pursuant to the provisions of Sections 1101 through 1506 of this title, the child shall be detained only if it is necessary to assure
the appearance of the child in court or for the protection of the child or the public.
"1. No pre-adjudicatory or predisposition detention or custody order shall remain in force and effect for more than thirty (30) days. The court, for good and sufficient cause
shown, may extend the effective period of such an order for
an additional period not to exceed sixty (60) days.
"2. No child alleged or adjudicated to be deprived or in need of supervision 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, except that an alleged or adjudicated delinquent child twelve (12) years of age or older, with the consent of the judge or director of a statutorily constituted juvenile bureau, may be
placed in a jail or other place of detention for adults, but in a room or ward entirely separate from adults, for a period of time not to exceed seventy-two (72) hours unless said time is extended by order of court as provided for in this section. Except as
provided in subsection C of this section, after January 1, 1988, no child may be detained in any jail, adult lockup, or other adult detention facility.
"3. A child who has been taken into custody as a deprived child or a child in need of supervision may not be placed in any detention facility pending court proceedings, but
must be placed in shelter care or foster care, or released to the custody of his parents or some other responsible party. When a child is taken into custody as a child in need of supervision as a result of being a runaway, the court may order the child placed
in a juvenile detention facility pending court proceedings if it finds said detention to be essential for the
safety of the child.
"B. No child may be placed in secure detention in a jail, adult lockup, or other adult or juvenile detention facility unless:
"1. the child is an escapee from a correctional facility or community correctional program or placement; or
"2. the child is a fugitive from another jurisdiction with a warrant on a delinquency charge or a conformation of delinquency charges by the home jurisdiction; or
"3. the child is seriously assaultive or destructive towards others or himself; or
"4. the child is detained for the commission of a crime that would constitute a felony if committed by an adult; or
"5. the child is currently on probation or parole on a prior delinquent offense, is on pre-adjudicatory community supervision, is currently on release status on a prior delinquent
offense, or has willfully failed or there is reason
to believe that the child will willfully fail to appear for juvenile court proceedings and is currently charged with a misdemeanor.
"C. 1. No child may 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 Metropolitan Statistical
Monitoring 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 standards for
certification of secure juvenile detention facilities, as adopted by the
Commission for Human Services, 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; and
"(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, including management, security staff,
and 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.
"D. 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 from being held in
any jail, police station or similar law enforcement offices for up to six (6) hours for purposes of identification, processing or arranging for transfer to a juvenile detention facility or alternative to secure detention. Such holding shall be limited to the
absolute minimum time necessary to complete these actions.
"1. 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.
"2. Whenever, despite all good faith efforts to comply with the time limitations established by this subsection, said limitations are exceeded, this circumstance shall not
constitute a defense in a subsequent delinquency or criminal proceeding."
The 1989 amendment, in subsection C [now subsection D], in paragraph 1, in subparagraph f, in subdivision (3), substituted "specifically" for "including management, security
staff, and", and added paragraph 3.
The 1991 amendment, in subsection A.1, designated the existing text as subparagraph a and added subparagraph b; in subsection B, in paragraph 4, substituted "serious act
as defined by Section 2 of this act" for "felony if committed by an adult", inserted paragraph 5, redesignated former paragraph 5 as paragraph 6 and therein, in the introductory paragraph, inserted "felony act as defined by Section 2 of this act or"; inserted
subsection C; and redesignated former subsections C through F as subsections D through G.
The 1992 amendment, in subsection A, in paragraph 2, in the first sentence, substituted "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" for ", in need of supervision or in need of treatment", and in paragraph 3, substituted "who appears to be a child in need of mental health treatment, may not be placed in any detention facility
pending court proceedings, but must be placed in shelter care or foster care or, with regard to a child who appears to be a child in need of mental health treatment, a mental health facility in accordance with the provisions of the Inpatient Mental Health
Treatment of Children Act," for "a child in need of treatment, may not be placed in any detention facility pending court proceedings, but must be placed in shelter care or foster care,".
Laws 1993, c. 342, § 6, in subsection A, in the introductory paragraph, substituted "1505" for "1506", and in paragraph 2, in the first sentence, inserted ", Section 5-501
et seq. of Title 43A of the Oklahoma Statutes,"; in subsection B, in paragraph 1, substituted "any delinquent placement;" for "a correctional facility or community correctional program or placement; or", in paragraph 2, deleted "or" following "home jurisdiction;",
in paragraph 3, deleted "or" following "himself;", in paragraphs 4 and 5, substituted "1160.2 of this title;" for "2 of this act; or", and in paragraph 6, in the introductory paragraph, substituted "1160.2 of this title" for "2 of this act"; in subsection
C, substituted "1160.3 of this title" for "3 of this act"; and in subsection
F, in the first sentence, inserted ", Section 40 et seq. of this title," and substituted "Section 1101 et seq. of this title" for "this act".
Laws 1994, c. 2, § 3, inserted subsection D.4; and in subsection F, in the first sentence, substituted "through 1505A" for "et seq.".
Section 2 of Laws 1993, c. 205, amending this section, was repealed by Laws 1994, c. 2, § 34.
Laws 1994, c. 290, § 35, in subsection B, in the introductory paragraph, substituted "shall" for "may"; and inserted subsection D.5.
The 1995 amendment, in subsection A, in the introductory paragraph, substituted "the Oklahoma Juvenile Code" for "Sections 1101 through 1505 of this title", in paragraph
1.b, in the first sentence, deleted "as that term is defined by Section 1108 of this title," following "facility,", and in paragraph 2, in the first sentence, deleted ", Section 5-501 et seq. of Title 43A of the Oklahoma Statutes" following "Act"; in subsection
B, in paragraphs 4 through 6, substituted "7302-9.2" for "1160.2"; in subsection C, substituted "A child" for "On and after July 1, 1992, a child" and "7302-9.3" for "1160.3"; in subsection D, in paragraph 1.f, in the introductory paragraph, substituted
"Office of Juvenile Affairs" for
"Commission for Human Services", in paragraph 2, in the first sentence, substituted "Juvenile Justice" for "Human Services", and in paragraph 4, substituted "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" for "1104.3 of this title and if, during the time of detention, the person is detained in a facility meeting the requirements of subsection D of Section 1108"; in subsection F, in the first sentence, deleted ", Section
40 et seq. of this title" following "Act" and substituted "the Oklahoma Juvenile Code" for "Section 1101 through 1505A of this title"; and in subsection G, substituted "Juvenile Justice" for "Human Services".
The 1996 amendment inserted subsection C; and redesignated former subsections C to G as subsections D to H.
The 1997 amendment, in subsection A.1.a, added the third sentence.
Laws 2002, c. 473, § 7, in subsection E, paragraph 1, inserted subparagraph f and redesignated former subparagraph f as subparagraph g, in paragraph 2, subparagraph e, substituted
"g" for "f"; made nonsubstantive changes.
Laws 2003, c. 3, § 9, in subsection A, rewrote paragraphs 2 and 3, which prior
thereto read:
"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.
"3. Except as otherwise authorized by this section a child who has been taken into custody as a deprived child, a child in need of supervision, or who appears to be a child
in need of mental health treatment, may not be placed in any detention facility pending court proceedings, but must be placed in shelter care or foster care or, with regard to a child who appears to be a child in need of mental health treatment, a mental health
facility in accordance with the provisions of the Inpatient Mental Health Treatment of Children Act, or released to the custody of the child's parents or some other responsible party. When a child is taken into custody as a child in need of supervision as
a result of being a runaway, the court may order the child placed in a juvenile detention facility pending court proceedings if it finds the detention to be essential for the safety of the child."
Section 31 of Laws 2002, c. 327, amending
this section, was repealed by Laws 2003, c. 3, § 10.
Laws 2009, c. 234, § 70, in subsection A, in paragraph 1, in subparagraph b, substituted "fifteen (15)" for "ten (10)", in paragraph 3, substituted "behavioral health treatment
facility in accordance with the provisions of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, or released to the custody of the parents of the child" for "mental health or substance abuse treatment facility in accordance with the provisions
of the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, or released to the custody of the child's parents"; in subsection B, deleted former paragraphs 4 and 5, redesignated former paragraph 6 as paragraph 4, in the introductory paragraph
of paragraph 4, substituted "any criminal offense that would constitute a felony if committed by an adult or a" for "a felony act as defined by Section 7302-9.2 of this title or"; in subsection C, substituted "2-2-503 of this title may be placed into an Office-of-Juvenile-Affairs-designated
sanction detention bed or an Office-of-Juvenile-" for "7303- 5.3 of this title may be placed into an Office of Juvenile Affairs-designated sanction detention bed or an Office of Juvenile", rewrote subsection D, which prior thereto read:
"A child shall be detained in secure detention
only in accordance with the guidelines adopted pursuant to Section 7302-9.3 of this title."
; in subsection E, in paragraph 1, in subparagraph c, substituted "initial court appearance of the child" for "child's initial court appearance", in subparagraph f, substituted
"2-3-103" for "7304-1.3", in paragraph 2, substituted "an Office of Juvenile Affairs" for "a Department of Juvenile Justice", in paragraph 4, substituted "2-3-102" for "7304-1.2", and substituted "Section 2-3-103" for " 7304-1.3"; in subsection F, substituted
"the liability of a county" for "a county's liability"; in subsection H, substituted "Office of Juvenile Affairs" for "Department of Juvenile Justice".
Source:
Laws 1909, p. 190.
Comp.Laws 1909, § 602.
R.L.1910, § 4425.
Comp.St.1921, § 8083.
St.1931, § 1741.
Laws 1953, p. 21, §§ 4, 5.
10 O.S.1981, §§ 113, 114.4, 114.5.
10A Okl. St. Ann. § 2-3-101, OK ST T.
10A § 2-3-101
Current with chapters of the Second
Regular Session of the 52nd Legislature
(2010) effective September 1, 2010.