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;
(c) substance abuse counseling;
(d) mental health counseling;
(e) participation in a vocational-technical program;
(f) incarceration in the county jail for not more than thirty (30) days if the present county jail facility would meet all requirements under federal law and regulations for housing juveniles and if the court has consulted with the sheriff to determine when the sentence will begin to ensure that space will be available for the juvenile. If the juvenile is under seventeen (17) years of age, the juvenile must be placed in a room or ward out of sight and sound from adult prisoners; other participation or performance as the court considers necessary.
MCR 6.909 (1998)
Releasing or detaining juveniles prior to trial or judgment of sentence
(B) (2) Jailing of Juveniles; Restricted. On motion of a prosecuting attorney or a superintendent of a juvenile facility where the juvenile is detained, the magistrate or court may order the juvenile confined in a jail or similar facility designed and used to incarcerate adult prisoners upon a showing that
(a) the juvenile’s habits or conduct are considered a menace to other juveniles; or
(b) the juvenile may not otherwise be safely detained in a juvenile facility.
(3) Juvenile-Court-Operated Facility. The juvenile shall not be placed in an institution operated by the juvenile court except with the consent of the juvenile court or on order of a court as defined in these rules.
(4) Separate Custody of Juvenile. The juvenile in custody or detention must be maintained separately from the adult prisoners or adult accused as required by MCL 764.27a; MSA 28.886(1).
MCR 6.933 (1998)
Rule 6.933 Juvenile probation revocation
(A) General Procedure. When a juvenile, who was placed on juvenile probation and committed to an institution as a state ward, is alleged to have violated juvenile probation, the court shall proceed as provided in MCR 6.445(A) through (F).
(B) Disposition.
(1) Certain Criminal Offense Violations. If the court finds that the juvenile has violated juvenile probation by being convicted of a felony or a misdemeanor punishable by more than one year’s imprisonment, the court must revoke the probation of the juvenile and order the juvenile committed to the department of corrections for a term of years not to exceed the penalty that could have been imposed for the offense that led to the probation. The court in imposing sentence shall grant credit against the sentence as required by law.
(2) Other Violations. If the court finds that the juvenile has violated juvenile probation, other than as provided in 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,
(c) community service,
(d) substance abuse counseling,
(e) mental health counseling,
(f) participation in a vocational-technical education program,
(g) incarceration in a county jail for not more than thirty (30) days,
and
(h) any other participation or performance as the court considers
necessary.
If the court determines to place the juvenile in jail for up to thirty (30) days, and the juvenile is under seventeen (17) years of age, the juvenile must be placed separately from adult prisoners as required by law.
(3) If the court revokes juvenile probation pursuant to subrule (B)(1), the court must receive an updated presentence report and comply with
MCR 6.445(G) before it imposes a prison sentence on the juvenile.
(C) Review. The juvenile may appeal as of right from the imposition of a sentence of incarceration after a finding of juvenile probation violation.
MCR 6.937 (1998)
It is clear from the new Public Acts that the Legislature intended that a juvenile under seventeen (17), who is criminally prosecuted without a waiver hearing under § 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.
