(a)As used in this section:
(1)"Punitive isolation" means the placement of a juvenile in a location that is separate from the general population as a punishment; and (2) "Solitary confinement" means the isolation of a juvenile in a cell separate from the general population as a punishment.
(b)Subject to subsection (c) of this section, a juvenile who has been placed or detained in a juvenile detention facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the:
(1)Placement of the juvenile in punitive isolation or solitary confinement is due to:
(A)A physical or sexual assault committed by the juvenile while in the juvenile detention facility;
(B)Conduct of the juvenile that poses an imminent thre
Free access — add to your briefcase to read the full text and ask questions with AI
(a) As used in this section: (1) "Punitive isolation" means the placement of a juvenile in a location that is separate from the general population as a punishment; and (2) "Solitary confinement" means the isolation of a juvenile in a cell separate from the general population as a punishment. (b) Subject to subsection (c) of this section, a juvenile who has been placed or detained in a juvenile detention facility shall not be placed in punitive isolation or solitary confinement as a disciplinary measure for more than twenty-four (24) hours unless the: (1) Placement of the juvenile in punitive isolation or solitary confinement is due to: (A) A physical or sexual assault committed by the juvenile while in the juvenile detention facility; (B) Conduct of the juvenile that poses an imminent threat of harm to the safety or well-being of the juvenile, the staff, or other juveniles in the juvenile detention facility; or (C) The juvenile's escaping or attempting to escape from the juvenile detention facility; and (2) (A) Director of the juvenile detention facility provides written authorization to place the juvenile in punitive isolation or solitary confinement for more than twenty-four (24) hours. (B) The director of the juvenile detention facility shall provide the written authorization described in subdivision (b)(2)(A) of this section for every twenty-four-hour period during which the juvenile remains in punitive isolation or solitary confinement after the initial twenty-four (24) hours. (c) (1) A juvenile who has been placed or detained in a juvenile detention facility shall not be placed in solitary confinement if the juvenile: (A) Is pregnant; (B) Has delivered a child prior to or within thirty (30) days of being detained; (C) Is breastfeeding; (D) Is suffering from postpartum depression or another medically verifiable postpartum condition; or (E) Is caring for a child in a juvenile detention facility. (2) This subsection does not apply if: (A) The juvenile has engaged in an act of violence while incarcerated or detained that either resulted in or was likely to result in serious physical injury or death to another person; or (B) There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious physical injury or death to another person, as evidenced by the juvenile's recent conduct while incarcerated or detained.