Bill No.: HB0012                  Drafter:  JHR

LSO No.:  10LSO-0064              Effective Date:  7/1/2010

Enrolled Act No.:  HEA0005

Chapter No.:       22

Prime Sponsor:     Joint Judiciary Interim Committee

Catch Title:       Juvenile detention facilities-admissions criteria.

Subject:  Requires a risk assessment for alleged delinquent minors to determine the level of detention that should be imposed until the minor is required to appear before a court.

Summary/Major Elements:

· This bill:

o Requires the person taking an alleged delinquent minor into custody to conduct a risk assessment to determine placement of the child pending an appearance before a court, unless the minor will be released to the custody of the minor's parents, guardian or custodian;

o Requires sheriffs to develop a uniform risk assessment instrument that shall be used when taking a minor into custody;

o Defines "hardware secure facility," "staff secure facility" and "shelter care" for purposes of detaining a minor who is not released to the custody of the minor's parents, guardian or custodian.

o Prohibits a minor under age 11 years to be held in a hardware secure facility;

o Requires the person taking the minor into custody to inform the minor's parents, guardian or custodian within 24 hours of taking the minor into custody.

Comments:

· Report Required ― Requires sheriffs and the Department of Family Services to report to the Joint Judiciary Interim Committee annually on the application of the risk assessment instruments, beginning January 1, 2011.