Temporary Juvenile Detention Act Exposed

The Temporary Juvenile Detention Act does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This bill permits juveniles to be held in the county jail if they are under the jurisdiction of the juvenile division of the {Insert Appropriate State Court}, circuit court, or general criminal court. incarceration is dependent upon prior approval of the county sheriff. The bill requires juveniles to be segregated from adult prisoners. For good cause shown, a juvenile subject to this statute may be otherwise confined.

Section 1.

A juvenile other than a juvenile described in (Section 2) whose habits or conduct are considered to be a menace to other children or who otherwise may not be safely detained, may be ordered by the court to be placed in a jail or other place of adult detention but in a separate room, wing, or ward out of sight, sound, and contact of adults.

Section 2.

As used in this section, “felony” means a crime that is designated by law as a felony or that is punishable by imprisonment by more than one year.

A. A juvenile or person less than (Insert Appropriate Age] years of age who is under the jurisdiction of the circuit court or general criminal court court for committing a felony may be confined to the county jail pending trial. An individual under the age of [Insert Appropriate Age) who is under the jurisdiction of the juvenile division of the {Insert Appropriate State Court} for committing a felony may be held in the county jail pending trial if the case is designated as one in which the individual is to be tried in the same manner as an adult and the court has determined that there is probable cause to believe that a felony was committed and that there is probable cause to believe the individual committed that felony.

B. If a juvenile less than (Insert Appropriate Age] years of age is confined in the county jail under this subsection, then that juvenile shall be held physically separate from adult prisoners.

C. A juvenile or individual less than (Insert Appropriate Age} years of age shall not bc confined to in the county jail under this subsection without prior approval of the county sheriff.

Section 3.

The court, upon motion by a juvenile or individual less than (Insert Appropriate Age} years of age, who is subject to incarceration under (Section 2.) may, for good cause shown, order the juvenile or individual less than (Insert Appropriate Age) years of age to be confined as otherwise provided by law.

(1) Municipal Courts should be included if they handle juvenile cases.