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

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

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.