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SB1649 • 2026

Modifies procedures relating to the detention of a juvenile

Modifies procedures relating to the detention of a juvenile

Children
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Roberts, Steven; House handler: N/A
Last action
2026-02-12
Official status
Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee
Effective date
2026-08-28

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Modifies procedures relating to the detention of a juvenile

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1649 - This act requires that juvenile detention hearings be held on the record and to be subject to the same procedural and substantive rules as a preliminary hearing in a criminal prosecution.

What This Bill Does

  • The following summaries of this bill are available: Print All Summaries Introduced Print SB 1649 - This act requires that juvenile detention hearings be held on the record and to be subject to the same procedural and substantive rules as a preliminary hearing in a criminal prosecution.
  • The court must inform the juvenile of the juvenile's right to counsel, including the right to have counsel appointed.
  • Under these provisions, any evidence of probable cause that the juvenile committed an offense must be given to the court along with any evidence relevant to the necessity to detain the juvenile.
  • The court must evaluate whether a juvenile satisfies certain specified factors before the juvenile can be detained.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-12 S384

    Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee

  2. 2026-02-10 S330

    S First Read

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

Print

SB 1649 - This act requires that juvenile detention hearings be held on the record and to be subject to the same procedural and substantive rules as a preliminary hearing in a criminal prosecution. The court must inform the juvenile of the juvenile's right to counsel, including the right to have counsel appointed. Under these provisions, any evidence of probable cause that the juvenile committed an offense must be given to the court along with any evidence relevant to the necessity to detain the juvenile. The court must evaluate whether a juvenile satisfies certain specified factors before the juvenile can be detained.

This act is identical to HB 2558 (2026).
TRISTAN BENSON, JR.

Current Bill Text

Read the full stored bill text 
SECOND REGULAR SESSION
SENATE BILL NO. 1649
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
7070S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 211.061, 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 211.061, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 211.061, 2
to read as follows:3
211.061. 1. When a child is taken into custody with 1
or without warrant for an offense, the child, together with 2
any information concerning the child and the personal 3
property found in the child's possession, shall be taken 4
immediately and directly before the juvenile court or 5
delivered to the juvenile officer or person acting for the 6
child. 7
2. If any person is taken before a circuit or 8
associate circuit judge not assigned to juvenile court or a 9
municipal judge, and it is then, or at any time thereafter, 10
ascertained that he or she was under the age of eighteen 11
years at the time he or she is alleged to have committed the 12
offense, or that he or she is subject to the jurisdiction of 13
the juvenile court as provided by this chapter, it is the 14
duty of the judge forthwith to transfer the case or refer 15
the matter to the juvenile court, and direct the delivery of 16
such person, together with information concerning him or her 17
SB 1649 2
and the personal property found in his or her possession, to 18
the juvenile officer or person acting as such. 19
3. When the juvenile court is informed that a child is 20
in detention it shall examine the reasons therefor and shall 21
immediately: 22
(1) Order the child released; or 23
(2) Order the child continued in detention until a 24
detention hearing is held. An order to continue the child 25
in detention shall only be entered upon the filing of a 26
petition or motion to modify and a determination by the 27
court that probable cause exists to believe that the child 28
has committed acts specified in the petition or motion that 29
bring the child within the jurisdiction of the court under 30
subdivision (2) or (3) of subsection 1 of section 211.031. 31
4. (1) A juvenile shall not remain in detention for a 32
period greater than twenty-four hours unless the court 33
orders a detention hearing. If such hearing is not held 34
within three days, excluding Saturdays, Sundays and legal 35
holidays, the juvenile shall be released from detention 36
unless the court for good cause orders the hearing 37
continued. The detention hearing shall be held within the 38
judicial circuit at a date, time and place convenient to the 39
court. Notice of the date, time and place of a detention 40
hearing, and of the right to counsel, shall be given to the 41
juvenile and his or her custodian in person, by telephone, 42
or by such other expeditious method as is available. 43
(2) The detention hearing shall be held on the record 44
and is subject to the same procedural and substantive rules 45
as a preliminary hearing in a criminal prosecution. 46
(3) The court shall first inform the juvenile of the 47
juvenile's right to counsel, including the right to 48
appointed counsel under section 211.211. 49
SB 1649 3
(4) The court shall receive evidence as to whether 50
there is probable cause to believe an offense has been 51
committed and the juvenile has committed it. The court 52
shall also receive evidence relevant to the necessity for 53
detention of the juvenile. Any written reports or social 54
records to be offered to the court at the detention hearing 55
shall be made available to all parties at or prior to the 56
hearing. 57
(5) The juvenile shall not be detained unless the 58
court finds that: 59
(a) There is probable cause to believe an offense has 60
been committed and the juvenile has committed it; and 61
(b) Detention is required: 62
a. To protect the juvenile; 63
b. To protect persons or property of others; 64
c. Because the juvenile may flee or be removed from 65
the jurisdiction of the court; 66
d. Because the juvenile has no parent, guardian or 67
custodian, or other suitable person able or willing to 68
provide care and supervision for the juvenile and return the 69
juvenile to court when required; or 70
e. Because the juvenile is a fugitive from another 71
jurisdiction and an official of that jurisdiction has 72
requested the juvenile be detained pending return to that 73
jurisdiction. 74
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