§ 16-17-133 — Limitation of the incarceration of juvenile defendants in district courts

(a) (1) District courts have jurisdiction of juvenile defendants for violation of local codes or ordinances, game and fish violations, and traffic offenses. (2) Juveniles charged with these offenses are subject to the same penalties as adults unless otherwise provided in this section. (b) A juvenile subject to the jurisdiction of a district court shall not be incarcerated unless the juvenile: (1) Commits a second offense for which the court has jurisdiction within one (1) year of the first offense; (2) Willfully violates probation; or (3) Willfully fails to pay a fine or perform community service work or other sanction properly ordered by the court. (c) As an alternative to incarceration on a first offense or otherwise, the district court may place a juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days. (d) (1) For a juvenile to be found in contempt for violating a court order, the order must have been in writing and served on the juvenile and the juvenile's parent or guardian. (2) If a juvenile is found in contempt of court, the court may: (A) Order that the juvenile be committed for a period not to exceed ten (10) days; or (B) Place the juvenile on residential detention, which may be supervised by electronic monitoring for up to thirty (30) days. (e) (1) Any juvenile incarcerated under this section shall be separated from individuals eighteen (18) years of age or older. (2) Where space is available, a juvenile who pleads guilty or nolo contendere to, or is found guilty of, an offense under this section may be placed in a juvenile detention facility rather than in the county jail. (3) Juveniles being detained on allegations of delinquency or who have been adjudicated delinquent shall have priority for juvenile detention beds over juveniles sentenced in district court. (f) (1) A district court may also order the juvenile, the juvenile's parent, both parents, or the guardian of any juvenile punishable as provided for in this section to be liable for the cost of the incarceration or electronic monitoring. (2) Prior to ordering payment, a district court shall take into account: (A) The financial ability of the parent, both parents, or the guardian to pay for the detention or electronic monitoring; (B) The past efforts of the parent, both parents, or the guardian to correct or prevent the juvenile's misconduct; (C) If the parent is a noncustodial parent, the opportunity the parent has had to correct the delinquent juvenile's misconduct; and (D) Any other factors the court deems relevant.

Legislative History

Acts 2001, No. 1807, § 1.