State Statutes That Govern the Transfer of Juveniles to the Adult Court System, part 5

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.

State Statutes That Govern the Transfer of Juveniles to the Adult Court System, part 4

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.