Adds provisions relating to the detention of a juvenile

SECOND REGULAR SESSION
HOUSE BILL NO. 2558
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE KEA THLEY .
4719H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 21 1.061, RSMo, and to enact in lieu thereof one new section relating to the
detention of a juvenile.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 21 1.061, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 21 1.061, to read as follows:
21 1.061. 1. When a child is taken into custody with or without warrant for an
2 of fense, the child, together with any information concerning the child and the personal
3 property found in the child's possession, shall be taken immediately and directly before the
4 juvenile court or delivered to the juvenile of ficer or person acting for the child.
5 2. If any person is taken before a circuit or associate circuit judge not assigned to
6 juvenile court or a municipal judge, and it is then, or at any time thereafter , ascertained that he
7 or she was under the age of eighteen years at the time he or she is alleged to have committed
8 the offense, or that he or she is subject to the jurisdiction of the juvenile court as provided by
9 this chapter , it is the duty of the judge forthwith to transfer the case or refer the matter to the
10 juvenile court, and direct the delivery of such person, together with information concerning
11 him or her and the personal property found in his or her possession, to the juvenile of ficer or
12 person acting as such.
13 3. When the juvenile court is informed that a child is in detention it shall examine the
14 reasons therefor and shall immediately:
15 (1) Order the child released; or
16 (2) Order the child continued in detention until a detention hearing is held. An order
17 to continue the child in detention shall only be entered upon the filing of a petition or motion
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 to modify and a determination by the court that probable cause exists to believe that the child
19 has committed acts specified in the petition or motion that bring the child within the
20 jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 21 1.031.
21 4. (1) A juvenile shall not remain in detention for a period greater than twenty-four
22 hours unless the court orders a detention hearing. If such hearing is not held within three
23 days, excluding Saturdays, Sundays and legal holidays, the juvenile shall be released from
24 detention unless the court for good cause orders the hearing continued. The detention hearing
25 shall be held within the judicial circuit at a date, time and place convenient to the court.
26 Notice of the date, time and place of a detention hearing, and of the right to counsel, shall be
27 given to the juvenile and his or her custodian in person, by telephone, or by such other
28 expeditious method as is available.
29 (2) The detention hearing shall be held on the r ecord and is subject to the same
30 pr ocedural and substantive rules as a preli minary hearing in a criminal pr osecution.
31 (3) The court shall first inform the juvenile of the juvenile's right to counsel,
32 including the right to appointed counsel under section 21 1.21 1.
33 (4) The court shall r eceive evidence as to whether ther e is pr obable cause to
34 believe an offense has been committed and the juvenile has committed it. The court
35 shall also r eceive evidence r elevant to the necessity for detention of the juvenile. Any
36 written rep orts or social recor ds to be offered to the court at the detention hearing shall
37 be made available to all parties at or prior to the hearing.
38 (5) The juvenile shall not be detained unless the court finds that:
39 (a) There is pr obable cause to believe an offense has been committed and the
40 juvenile has committed it; and
41 (b) Detention is requ ired:
42 a. T o protect the juvenile;
43 b. T o pro tect persons or pr operty of others;
44 c. Because the juvenile may flee or be rem oved fr om the jurisdiction of the court;
45 d. Because the juvenile has no paren t, guardian or custodian, or other suitable
46 person able or willing to pr ovide care and supervision for the juvenile and r eturn the
47 juvenile to court when requi red; or
48 e. Because the juvenile is a fugitive from another jurisdiction and an official of
49 that jurisdiction has req uested the juvenile be detained pending ret urn to that
50 jurisdiction.
✔
HB 2558 2