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
(c) The child is separated by sight and sound from any adults who are confined or detained therein.
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.
