§ 31-30-3-12 — Secure facility; adult inmates

Indiana § 31-30-3-12

• Jurisdiction: Indiana
• Art. 30: JUVENILE LAW: JUVENILE COURT
• Ch. 3: Waiver of Jurisdiction

Text

(a) The following definitions apply
throughout this section:
(1) "Juvenile arrestee" means a child who:
(A) is less than eighteen (18) years of age;
(B) has been charged as an adult; and
(C) is awaiting trial, sentencing, or other legal process.
(2) "Sight or sound contact with adult inmates" means any:
(A) physical;
(B) clear visual; or
(C) verbal;
contact between a juvenile arrestee and an adult inmate that is not
brief and inadvertent.
(b) A juvenile arrestee who is housed in a secure facility may not be
held in:
(1) an adult facility, except as provided in IC 31-37-7-2; or
(2) a facility that permits sight or sound contact with adult
inmates;
unless a court finds, after a hearing, that it is in the best interests of
justice for the juvenile arrestee to be housed in an adult facility or a
facility permitting sight or sound contact with adult inmates. If a court
orders a juvenile arrestee to be housed in an adult facility or a facility
permitting sight or sound contact with adult inmates, the court shall
issue its decision in writing.
(c) In making a determination under subsection (b), the court shall
consider:
(1) the age of the juvenile arrestee;
(2) the physical and mental maturity of the juvenile arrestee;
(3) the present mental state of the juvenile arrestee, including
whether the juvenile arrestee presents an imminent risk of harm
to the arrestee or others;
(4) the nature and circumstances of the alleged offense;
(5) any prior history of delinquent or criminal acts of the juvenile
arrestee;
(6) the relative ability of the available adult and juvenile detention
facilities to not only meet the specific needs of the juvenile but
also to protect the safety of the public as well as the safety of
other detained youth; and
(7) any other relevant factors.
(d) If a court determines it is in the best interests of justice for the
juvenile arrestee to be housed in an adult facility or a facility permitting
sight or sound contact with adult inmates, the court may order that the
juvenile arrestee be held in an adult facility or a facility permitting
sight or sound contact with adult inmates for not more than one
hundred eighty (180) days.
(e) The court may extend the one hundred eighty (180) day period
described in subsection (d) for one (1) or more additional sixty (60) day
periods, if the court finds, in writing, that there is good cause to extend
the juvenile arrestee's placement in an adult facility or a facility
permitting sight or sound contact with adult inmates. However, the
juvenile arrestee may waive the good cause requirement if the juvenile
arrestee prefers to keep the same placement.
(f) If the court orders a juvenile arrestee to be held under subsection
(d) or (e), the court shall hold a hearing at least one (1) time every
thirty (30) days to review whether it is still in the interests of justice to
house the arrestee in the adult facility or the facility permitting sight or
sound contact with adult inmates.

Legislative History

As added by P.L.157-2021, SEC.1.