§1110. Purpose and reasons for detention; detention standards; licensing; fees
A.It is the intent of the legislature to protect the health, safety, and well-being of the
children of this state who are placed in juvenile detention facilities. Toward this end, it is
the purpose of this Part to provide for the establishment of statewide standards for juvenile
detention facilities, to ensure maintenance of these standards, and to regulate conditions in
these facilities through a licensing program. It shall be the policy of this state that all
juvenile detention facilities provide temporary, safe, and secure custody of juveniles during
the pendency of juvenile proceedings, when detention is the least restrictive alternative
available to secure the appearance of the juvenile in court or to prot
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§1110. Purpose and reasons for detention; detention standards; licensing; fees
A. It is the intent of the legislature to protect the health, safety, and well-being of the
children of this state who are placed in juvenile detention facilities. Toward this end, it is
the purpose of this Part to provide for the establishment of statewide standards for juvenile
detention facilities, to ensure maintenance of these standards, and to regulate conditions in
these facilities through a licensing program. It shall be the policy of this state that all
juvenile detention facilities provide temporary, safe, and secure custody of juveniles during
the pendency of juvenile proceedings, when detention is the least restrictive alternative
available to secure the appearance of the juvenile in court or to protect the safety of the child
or the public.
B. Secure detention shall be used only when it is determined to be necessary based
on the child's assessed risk to public safety or to secure the appearance of the child in court.
C.(1) No juvenile detention facility, including any facility owned or operated by any
governmental, profit, nonprofit, private, or public agency, shall be used to detain a child who
is alleged to have committed a delinquent act for any of the following purposes or reasons:
(a) To punish, treat, or rehabilitate the child.
(b) To allow the child's parent, guardian, or legal custodian to avoid the parent's,
guardian's, or legal custodian's legal responsibilities relative to the child.
(c) Solely to satisfy a demand made by a victim, law enforcement, or the community
that a child be detained.
(d) To facilitate further interrogation or investigation.
(e) To facilitate further assessment or evaluation.
(f) The unavailability of a more appropriate facility.
(2) Nothing in this Subsection shall prohibit the detention of a child who is charged
with the commission of a serious offense or with a history of prior adjudications for the
commission of delinquent acts based upon serious offenses.
D.(1) On or after July 1, 2020, a detention screening instrument, as provided in
Children's Code Article 815, shall be administered for any child placed in secure detention
when taken into custody without a court order pursuant to Children's Code Article 814 for
alleged commission of a delinquent act.
(2)(a) The Louisiana Juvenile Detention Alternatives Initiative Statewide Leadership
Collaborative, created by House Concurrent Resolution No. 102 of the 2016 Regular Session
of the Legislature, hereinafter referred to as the "JDAI Collaborative", shall support the
statewide implementation of detention screening instruments and the training process and
requirements for those persons who will utilize the instruments.
(b) The detention screening instruments shall assess the child only to determine the
child's risk to public safety while a current arrest is pending and the risk of failure to appear
in court for the pending case.
(c) The detention screening instrument shall be selected from the tools that are being
utilized as of January 1, 2019, by local jurisdictions in the state, which shall be provided by
the JDAI Collaborative. A detention screening instrument that is being utilized by a
jurisdiction as of January 1, 2019, is sufficient to satisfy the requirements of this
Subparagraph.
(3) A copy of the completed detention screening instrument shall be provided to the
juvenile detention facility for any child who is admitted into its custody. The juvenile
detention facility shall keep a record of the results of the detention screening instrument and
the recommendation made based upon the instrument to either detain the child, release the
child with conditions, or release the child without conditions. This record shall include the
parish in which the child was taken into custody, the most serious charge for which the child
was taken into custody, and demographic information about the child including but not
limited to race, ethnicity, gender, and age. This information shall be aggregated and
submitted quarterly to the Louisiana Commission on Law Enforcement and Administration
of Criminal Justice which shall annually provide such information to the JDAI Collaborative.
E. Each juvenile detention facility licensed pursuant to this Part, including facilities
owned or operated by any governmental, profit, nonprofit, private, or public agency, may
establish arts-based programming in the facility which may include but is not limited to
performing arts, visual arts, and other arts activities that enhance youth development. For
the purposes of funding the arts-based programming, the facility owner or operator is
authorized to receive, by appropriation, gift, grant, donation, or otherwise, any sum of
money, aid, or assistance from any person, firm, or corporation or from the United States, its
agencies, the state of Louisiana, or any political subdivision of the state.
F, G. Repealed by Acts 445, §3, eff. July 1, 2024.
H. Repealed by Acts 445, §3, eff. July 1, 2024.
I. Repealed by Acts 445, §3, eff. July 1, 2024.