Juvenile Detention Reform Act
Summary: The Juvenile Detention Reform Act restricts the use of pretrial confinement to young offenders who pose a danger to society or who may flee from justice.
SECTION 1. SHORT TITLE
This Act shall be called the “Juvenile Detention Reform Act.”
SECTION 2. JUVENILE DETENTION REFORM
After section XXX, the following new section XXX shall be inserted:
(A) STANDARD FOR APPROVING DETENTION
1. A child taken into custody for an alleged criminal act shall not be placed in pretrial detention unless a detention risk assessment instrument determines that the child:
a. Poses a substantial risk of harm to others; or
b. Has demonstrated that there is a substantial risk that he or she may leave the jurisdiction of the court.
2. If a juvenile is placed into pretrial detention, a judge of the [Juvenile Court] shall, within 24 hours after the placement, consider the risk assessment instrument and review the appropriateness of pretrial detention. The Court shall not approve a placement in pretrial detention unless the state has proven by a preponderance of the evidence that:
a. The child poses a substantial risk of harm to others or has demonstrated that there is a substantial risk that he or she may leave the jurisdiction of the court; and
b. No lesser custodial restrictions would serve as an effective alternative to pretrial detention.
3. If the Court approves a placement in pretrial detention, the placement decision shall be reviewed by the Court at any pretrial conference.
4. The Department [of Juvenile Justice] shall develop and implement a detention risk assessment instrument. The instrument will be designed to reflect input from the child’s family, social workers, law enforcement personnel, and the Department’s staff and advisors.
(B) CONDITIONS OF DETENTION
1. Pretrial detention shall not take place at any long-term facility for adjudicated delinquents.
2. A person older than 18 shall not be detained in a juvenile detention facility.
3. Publicly-funded counsel shall be made available to the juvenile and the juvenile’s family upon completion of the risk assessment instrument and before the point at which any detention hearing is held.
SECTION 3. EFFECTIVE DATE
This Act shall take effect on July 1, 2006.