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ENGROSSED HOUSE
BILL NO. 1480 By: West (Tammy), Pae, Osburn,
Miller, Roberts, and Hefner
of the House
and
Gollihare of the Senate
An Act relating to children; defining term; directing
the court to determine ability to pay; providing that
the ability to pay shall not impact disposition;
providing that certain persons shall be relieved of
debt if certain determination is made; providing
factors court shall consider; providing factors court
shall not consider; providing for presumption of
inability to pay; directing court to inform certain
persons of certain information; directing the court
to provide cost hearing in certain situation;
directing that percentage reduction apply to all
financial obligations; directing court clerk to
review cases; directing court clerk to notify court
and set certain hearing in certain situation;
directing court clerk to issue summons; providing
information the summons shall contain; amending 10A
O.S. 2021, Sections 2-3-101 and 2-3-103, as amended
by Section 1, Chapter 242, O.S.L. 2022 (10A O.S.
Supp. 2024, Section 2-3-103), which relate to the
Oklahoma Juvenile Code; providing that youth shall
not be responsible for detention costs; providing
that no order shall be made requiring certain persons
to pay expenses; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-3-206 of Title 10A, unless
there is created a duplication in numbering, reads as follows:
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A. For purposes of this section, fines, costs, fees, and
assessments shall include all financial obligations imposed by the
court or required by law to be paid, excluding restitution or
payments to be made other than to the court clerk, and shall be
referred to as financial obligations.
B. 1. When an order of disposition, imposes court financial
obligations, as defined by subsection A of this section, upon a
child, the parents, guardian, custodian, or responsible relative,
the court at the time of disposition may immediately, or at any
point thereafter until the debt is either paid or waived, determine
the ability of a child, the parents, guardian, custodian, or
responsible relative, to pay the court financial obligations. The
court may make such determinations at a cost hearing or upon written
motion or affidavit by the child, the parents, guardian, custodian,
or responsible relative. The ability of the child, the parents,
guardian, custodian, or responsible relative to pay court financial
obligations may not impact the disposition.
2. A child, the parents, guardian, custodian, or responsible
relative with court financial obligations who are found by the court
to be unable to pay, in whole or in part, shall be relieved of the
debt by the court through a hardship waiver of the court financial
obligations, either in whole or in part.
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3. In determining the ability of a child, the parents,
guardian, custodian, or responsible relative to pay, the court shall
consider the following factors:
a. individual and household income,
b. household living expenses,
c. number of dependents,
d. assets,
e. child support obligations,
f. physical or mental health conditions that diminish the
ability to generate income or manage resources,
g. additional case-related expenses to be paid by the
child, the parents, guardian, custodian, or
responsible relative, and
h. any other factors relevant to the ability of the
child, the parents, guardian, custodian, or
responsible relative to pay.
4. In determining the ability of a child, the parents,
guardian, custodian, or responsible relative to pay, the following
shall not be considered as income or assets:
a. child support income,
b. any monies received from a federal, state, or tribal
government need-based or disability assistance
program, or
c. assets exempt from bankruptcy.
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5. A child, the parents, guardian, custodian, or responsible
relative in the following circumstances are presumed unable to pay
and the court financial obligations shall be waived:
a. designated as totally disabled by any federal, state,
or tribal disability services program including, but
not limited to, military disability, Social Security
Disability Insurance, Supplemental Security Income, or
tribal disability benefits,
b. receives support from the Temporary Assistance for
Needy Families program, Supplemental Nutrition
Assistance Program, the Special Supplemental Nutrition
Program for Women, Infants, and Children nutrition
education and supplemental food program, or any other
federal need-based financial support,
c. receives subsidized housing support through the
Housing Choice Voucher program, the United States
Department of Housing and Urban Development, or other
state, local, or federal government housing subsidy
program, or
d. total income is below one hundred fifty percent (150%)
of the federal poverty level.
C. 1. At the time of a plea or disposition, the court shall
inform the child, the parents, guardian, custodian, or responsible
relative of the total court financial obligations owed, the
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consequences of failing to pay the court financial obligations, and
that the child, the parents, guardian, custodian, or responsible
relative may request a cost hearing if at any time he or she is
unable to pay the court financial obligations, at which point the
court may waive all or part of the debt owed. If the total amount
of court financial obligations owed is not available at the time of
the plea or disposition, the court shall inform the child, the
parents, guardian, custodian, or responsible relative that court
financial obligations have been incurred and the time and location
where the child, the parents, guardian, custodian, or responsible
relative may learn of the total amount owed.
2. The court, including all municipal courts, shall provide a
cost hearing for the child, the parents, guardian, custodian, or
responsible relative upon request, either by establishing a
dedicated docket or on an as-requested basis. A child, the parents,
guardian, custodian, or responsible relative who requests a cost
hearing will receive a summons by personal service or by United
States mail to appear in court as required by subsection D of this
section. No fees shall be assessed or collected from the child, the
parents, guardian, custodian, or responsible relative as a
consequence of either requesting a cost hearing.
3. If the court determines that a waiver of any of the court
financial obligations is warranted, the court shall apply the same
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percentage reduction equally to all fines, costs, fees, and
assessments, excluding restitution.
D. 1. The court clerk shall periodically review cases to
determine the cases in which the child, the parents, guardian,
custodian, or responsible relative has not made any payment towards
court financial obligations within the previous ninety (90) days.
2. Upon identifying cases where no payment has been made within
the previous ninety (90) days, the clerk shall notify the court
which shall, within ten (10) days thereafter, set a cost hearing for
the court to determine if the child, the parents, guardian,
custodian, or responsible relative is able to pay. The cost hearing
shall be set within forty-five (45) days of the issuance of the
summons. The hearing shall be set on a date that shall allow the
court clerk to issue a summons fourteen (14) days prior to the cost
hearing. No additional fee shall be assessed due to the issuance of
the summons.
3. At least fourteen (14) days prior to the cost hearing, the
court clerk shall issue one summons to the child, the parents,
guardian, custodian, or responsible relative to be served by United
States mail to the mailing address of the child, the parents,
guardian, custodian, or responsible relative on file in the case,
substantially as follows:
SUMMONS
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You are ORDERED to appear for a COST HEARING at the above
specified time, place, and date to determine if you are financially
able to pay the fines, costs, fees, or assessments or an installment
due in the above cases.
YOU MUST BE PRESENT AT THE HEARING.
At any time before the date of the cost hearing, you may contact
the court clerk and pay the amount due or request in writing or in
person prior to the court date, that the hearing be rescheduled for
up to thirty (30) days after the scheduled time.
You may consult with counsel prior to your hearing, and you may
have counsel present at your hearing.
4. If the child, the parents, guardian, custodian, or
responsible relative fails to appear at the scheduled cost hearing,
no warrant shall be issued based upon the nonappearance. However,
the court may notify the district attorney of the nonappearance and
the district attorney may pursue indirect contempt, pursuant to
Section 567 of Title 21 of the Oklahoma Statutes, against the child,
the parents, guardian, custodian, or responsible relative based on
the nonpayment of the court financial obligations. The alleged
contemnor shall appear at the initial appearance or arraignment.
Provided, however, that the contemnor shall be released on his or
her own recognizance and no cash bond shall be required. During the
trial on the contempt, prior determinations regarding the alleged
contemnor's ability to pay the court financial obligations shall be
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reconsidered based on evidence of the contemnor's ability to pay
admitted at trial.
SECTION 2. AMENDATORY 10A O.S. 2021, Section 2-3-101, is
amended to read as follows:
Section 2-3-101. A. When a child is taken into custody
pursuant to the provisions of the Oklahoma Juvenile Code, the child
shall be detained only if it is necessary to assure the appearance
of the child in court or for the protection of the child or the
public.
1. a. No child twelve (12) years of age or younger shall be
placed in a juvenile detention facility unless all
alternatives have been exhausted and the child is
currently charged with a criminal offense that would
constitute a felony if committed by an adult and it
has been indicated by a risk-assessment screening that
the child requires detention. The detention of any
child twelve (12) years of age or younger shall be
judicially reviewed pursuant to subparagraph c of this
paragraph.
b. Any child who is thirteen (13) or fourteen (14) years
of age may be admitted to a juvenile detention
facility only after all alternatives have been
exhausted and the child is currently charged with a
criminal offense that would constitute a felony if
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committed by an adult and it has been indicated by a
risk-assessment screening that the child requires
detention.
c. No preadjudicatory or predisposition detention or
custody order shall remain in force and effect for
more than thirty (30) days. The court, for good and
sufficient cause shown, may extend the effective
period of such an order for an additional period not
to exceed sixty (60) days. If the child is being
detained for the commission of a murder, the court
may, if it is in the best interests of justice, extend
the effective period of such an order an additional
sixty (60) days.
d. Whenever the court orders a child to be held in a
juvenile detention facility, an order for secure
detention shall remain in force and effect for not
more than fifteen (15) days after such order. Upon an
application of the district attorney and after a
hearing on such application, the court, for good and
sufficient cause shown, may extend the effective
period of such an order for an additional period not
to exceed fifteen (15) days after such hearing. The
total period of preadjudicatory or predisposition
shall not exceed the ninety-day limitation as
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specified in subparagraph a of this paragraph. The
child shall be present at the hearing on the
application for extension unless, as authorized and
approved by the court, the attorney for the child is
present at the hearing and the child is available to
participate in the hearing via telephone conference
communication. For the purpose of this paragraph,
"telephone conference communication" means use of a
telephone device that allows all parties, including
the child, to hear and be heard by the other parties
at the hearing. After the hearing, the court may
order continued detention in a juvenile detention
center, may order the child detained in an alternative
to secure detention or may order the release of the
child from detention.
e. No detained youth, previously detained youth, or
parent or guardian of youth shall be responsible for
detention costs.
2. No child alleged or adjudicated to be deprived or in need of
supervision or who is or appears to be a minor in need of treatment
as defined by the Inpatient Mental Health and Substance Abuse
Treatment of Minors Act, shall be confined in any jail, adult
lockup, or adult detention facility. No child shall be transported
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or detained in association with criminal, vicious, or dissolute
persons.
3. Except as otherwise authorized by this section a child who
has been taken into custody as a deprived child, a child in need of
supervision, or who appears to be a minor in need of treatment, may
not be placed in any detention facility pending court proceedings,
but must be placed in shelter care or foster care or, with regard to
a child who appears to be a minor in need of treatment, a behavioral
health treatment facility in accordance with the provisions of the
Inpatient Mental Health and Substance Abuse Treatment of Minors Act,
or released to the custody of the parents of the child or some other
responsible party. Provided, this shall not preclude runaway
juveniles from other states, with or without delinquent status, to
be held in a detention facility in accordance with the Interstate
Compact for Juveniles in Sections 2-9-101 through 2-9-116 of this
title and rules promulgated by the Interstate Commission.
B. No child shall be placed in secure detention unless:
1. The child is an escapee from any delinquent placement;
2. The child is a fugitive from another jurisdiction with a
warrant on a delinquency charge or confirmation of delinquency
charges by the home jurisdiction;
3. The child is seriously assaultive or destructive towards
others or self;
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4. The child is currently charged with any criminal offense
that would constitute a felony if committed by an adult or a
misdemeanor and:
a. is on probation or parole on a prior delinquent
offense,
b. is on preadjudicatory community supervision, or
c. is currently on release status on a prior delinquent
offense;
5. The child has willfully failed or there is reason to believe
that the child will willfully fail to appear for juvenile court
proceedings;
6. A warrant for the child has been issued on the basis that:
a. the child is absent from court-ordered placement
without approval by the court,
b. the child is absent from designated placement by the
Office of Juvenile Affairs without approval by the
Office of Juvenile Affairs,
c. there is reason to believe the child will not remain
at said placement, or
d. the child is subject to an administrative transfer or
parole revocation proceeding.
C. A child who has violated a court order and has had the order
revoked or modified pursuant to Section 2-2-503 of this title may be
placed into an Office-of-Juvenile-Affairs-designated sanction
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detention bed or an Office-of-Juvenile-Affairs-approved sanction
program.
D. Priority shall be given to the use of juvenile detention
facilities for the detention of juvenile offenders through
provisions requiring the removal from detention of a juvenile with a
lower priority status if an empty detention bed is not available at
the time of referral of a juvenile with a higher priority status and
if the juvenile with a higher priority status would be more of a
danger to the public than the juvenile with the lower priority
status.
E. Juvenile detention facilities shall be the initial placement
for all persons under eighteen (18) years of age. No child shall be
placed in secure detention in an adult jail, adult lockup, adult
detention facility or other adult facility except as provided in
this section.
1. Any child who is at least fifteen (15) years of age who is
charged with murder in the first degree may be detained in an adult
jail, adult lockup, adult detention facility or other adult facility
only after a hearing in which the child is provided representation
and the court makes a written finding that it is in the interest of
justice that the child be placed in an adult jail, adult lockup,
adult detention facility or other adult facility.
2. In determining whether it is in the interest of justice that
a child who is at least fifteen (15) years of age and who is charged
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with murder in the first degree be placed in an adult jail, adult
lockup, adult detention facility or other adult facility, the court
shall consider:
a. the age of the child,
b. the physical and mental maturity of the child,
c. the present mental state of the child, including
whether the child presents an imminent risk of harm to
the child,
d. the nature and circumstances of the alleged offense,
e. the child's history of prior delinquent acts,
f. the relative ability of the available adult and
juvenile detention facilities to not only meet the
specific needs of the child but also to protect the
safety of the public as well as other detained youth,
and
g. any other relevant factors.
3. If a court determines that it is in the interest of justice
that the child be placed in an adult jail, adult lockup, adult
detention facility or other adult facility:
a. the court shall hold a hearing not less frequently
than once every thirty (30) days, or in the case of a
rural jurisdiction, which is any jurisdiction not
located in a metropolitan statistical area as defined
by the United States Office of Management and Budget,
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not less frequently than once every forty-five (45)
days, to review whether it is still in the interest of
justice to permit the juvenile to be so held or have
such sight and sound contact, and
b. the child shall not be held in any adult jail or
lockup for adults or be permitted to have sight or
sound contact with adult inmates for more than one
hundred eighty (180) days, unless the court, in
writing, determines there is good cause for an
extension or the child expressly waives this
limitation.
F. When a child is placed in an adult jail, adult lockup, adult
detention facility or other adult facility, he or she shall be
afforded the following rights and protections in order to address
the child's health and safety:
1. A copy of the child's most current mental health or suicide
screening instrument approved by the Office of Juvenile Affairs
shall be provided to the adult jail, adult lockup or adult detention
facility at the time of the child's transfer; and
2. Adult jails, adult lockups, adult detention facilities or
other adult facilities shall process requests for visits and allow
approved visitors contact visits with the child within five (5)
business days of the request.
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G. 1. Except as otherwise provided in this section, no child
shall be placed in secure detention in an adult jail, adult lockup,
adult detention facility or other adult facility unless:
a. the adult jail, adult lockup or adult detention
facility provides sight and sound separation for
juveniles, pursuant to standards required by
subsection E of Section 2-3-103 of this title, and
b. the adult jail, adult lockup or adult detention
facility meets the requirements for licensure of
juvenile detention facilities, as adopted by the
Office of Juvenile Affairs, is appropriately licensed,
and provides sight and sound separation for juveniles,
which includes:
(1) total separation between juveniles and adult
facility spatial areas such that there could be
no haphazard or accidental contact between
juvenile and adult residents in the respective
facilities,
(2) total separation in all juvenile and adult
program activities within the facilities,
including recreation, education, counseling,
health care, dining, sleeping and general living
activities, and
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(3) separate juvenile and adult staff, specifically
direct care staff such as recreation, education
and counseling.
Specialized services staff, such as cooks,
bookkeepers, and medical professionals who are not
normally in contact with detainees or whose infrequent
contacts occur under conditions of separation of
juveniles and adults can serve both.
2. Nothing in this section shall preclude a child who is
detained for the commission of a crime that would constitute a
felony if committed by an adult, or a child who is an escapee from a
juvenile secure facility or from an Office of Juvenile Affairs group
home from being held in any jail certified by the State Department
of Health, police station or similar law enforcement offices for up
to six (6) hours for purposes of identification, processing or
arranging for transfer to a secure detention or alternative to
secure detention. Such holding shall be limited to the absolute
minimum time necessary to complete these actions.
a. The time limitations for holding a child in a jail for
the purposes of identification, processing or
arranging transfer established by this section shall
not include the actual travel time required for
transporting a child from a jail to a juvenile
detention facility or alternative to secure detention.
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b. Whenever the time limitations established by this
subsection are exceeded, this circumstance shall not
constitute a defense in a subsequent delinquency or
criminal proceeding.
3. Nothing in this section shall preclude detaining in a county
jail or other adult detention facility an eighteen-year-old charged
in a juvenile petition for whom certification to stand trial as an
adult is prayed. However, if no certification motion is filed, the
eighteen-year-old may remain in a juvenile detention facility as
long as secure detention is required.
4. Nothing in this section shall preclude detaining in a county
jail or other adult detention facility a person provided for in
Section 2-3-102 of this title if written or electronically
transmitted confirmation is received from the state seeking return
of the individual that the person is a person provided for in
Section 2-3-102 of this title and if, during the time of detention,
the person is detained in a facility meeting the requirements of
Section 2-3-103 of this title.
5. Nothing in this section shall preclude detaining a person,
whose age is not immediately ascertainable and who is being detained
for the commission of a felony, in a jail certified by the State
Department of Health, a police station or similar law enforcement
office for up to twenty-four (24) hours for the purpose of
determining whether or not the person is a child, if:
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a. there is a reasonable belief that the person is
eighteen (18) years of age or older,
b. there is a reasonable belief that a felony has been
committed by the person,
c. a court order for such detention is obtained from a
judge of the district court within six (6) hours of
initially detaining the person,
d. there is no juvenile detention facility that has space
available for the person and that is within thirty
(30) miles of the jail, police station, or law
enforcement office in which the person is to be
detained, and
e. during the time of detention the person is detained in
a facility meeting the requirements of subparagraph b
of paragraph 1 of this subsection.
The time limitation provided for in this paragraph shall include
the time the person is detained prior to the issuance of the court
order.
The time limitation provided for in this paragraph shall not
include the actual travel time required for transporting the person
to the jail, police station, or similar law enforcement office. If
the time limitation established by this paragraph is exceeded, this
circumstance shall not constitute a defense in any subsequent
delinquency or criminal proceeding.
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H. Nothing contained in this section shall in any way reduce or
eliminate the liability of a county as otherwise provided by law for
injury or damages resulting from the placement of a child in an
adult jail, adult lockup, adult detention facility or other adult
facility.
I. Any juvenile detention facility shall be available for use
by any eligible Indian child as that term is defined by the Oklahoma
Indian Child Welfare Act, providing that the use of the juvenile
detention facility meets the requirements of the Oklahoma Juvenile
Code. The Indian tribe may contract with any juvenile detention
facility for the providing of detention services.
J. Each member of the staff of a juvenile detention facility
shall satisfactorily complete a training program provided or
approved by the Office of Juvenile Affairs.
K. Whenever a juvenile is placed in any adult jail, adult
lockup, adult detention facility or other adult facility, the Office
of Juvenile Affairs shall have access to all facilities which detain
such juveniles and shall have access to any data regarding such
juveniles. The Office of Juvenile Affairs shall have access to all
adult jails, adult lockups, adult detention facilities or other
adult facilities in this state, including all data maintained by
such facilities, to assure compliance with this section. The Board
of Juvenile Affairs shall promulgate rules as necessary to implement
the provisions of this section.
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SECTION 3. AMENDATORY 10A O.S. 2021, Section 2-3-103, as
amended by Section 1, Chapter 242, O.S.L. 2022 (10A O.S. Supp. 2024,
Section 2-3-103), is amended to read as follows:
Section 2-3-103. A. Provision shall be made for the temporary
detention of children in a juvenile detention facility or the court
may arrange for the care and custody of such children temporarily in
private homes, subject to the supervision of the court, or the court
may provide shelter or may enter into a contract with any
institution or agency to receive, for temporary care and custody,
children within the jurisdiction of the court. The Office of
Juvenile Affairs shall not be ordered to provide detention unless
said Office has designated and is operating detention services or
facilities.
B. County sheriffs of the arresting agency, their designee, any
peace officer, private contractors under contract with the Office of
Juvenile Affairs for transportation services, or juvenile court
officers shall provide for the transportation of juveniles to and
from secure detention for purposes of admission, interfacility
transfer, discharge, medical or dental attention, court appearance,
or placement designated by the Office. No private contract for
transportation services shall be entered into by the Office unless
the private contractor demonstrates to the satisfaction of the
Office that such contractor is able to obtain insurance or provide
self-insurance to indemnify the Office against possible lawsuits and
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meets the requirements of subparagraphs a, b and d of paragraph 4 of
subsection C of this section. The Office of Juvenile Affairs shall
not be ordered to provide transportation for a juvenile who is
detained in or is destined for secure detention. The Office of
Juvenile Affairs shall provide reimbursement to the entity
transporting juveniles for necessary and actual expenses for
transporting juveniles who are detained in or destined for a secure
detention center as follows:
1. A fee for the cost of personal services at the rate of
Seventeen Dollars ($17.00) per hour;
2. Mileage reimbursement for each mile actually traveled at the
rate established in the State Travel Reimbursement Act;
3. Meals for transporting personnel, not to exceed Ten Dollars
($10.00) per meal; and
4. Meals for juveniles being transported, not to exceed Ten
Dollars ($10.00) per meal.
The Office of Juvenile Affairs shall process and mail
reimbursement claims within sixty (60) days of receipt. Payments
for services provided by a county sheriff's office shall be paid to
the county and deposited in the service fee account of the sheriff.
C. 1. All juvenile detention facilities shall be certified by
the Office of Juvenile Affairs. To be certified, a juvenile
detention facility shall be required to meet standards for
certification promulgated by the Board of Juvenile Affairs.
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2. The board of county commissioners of every county shall
provide for the temporary detention of a child who is or who may be
subject to secure detention and may construct a building or rent
space for such purpose. The boards of county commissioners shall
provide for temporary detention services and facilities in
accordance with the provisions of the State Plan for the
Establishment of Juvenile Detention Services adopted pursuant to
subsection D of this section and in accordance with subsections A
and C of Section 2-7-608 of this title. The boards of county
commissioners are hereby authorized to create multicounty trust
authorities for the purpose of operating juvenile detention
facilities.
3. In order to operate the juvenile detention facilities
designated in the State Plan for the Establishment of Juvenile
Detention Services and in subsections A and C of Section 2-7-608 of
this title, the boards of county commissioners in the designated
host counties shall:
a. operate the juvenile detention facility through a
statutorily constituted juvenile bureau subject to the
supervision of the district court, or
b. operate the juvenile detention facility by employing a
manager who may employ personnel and incur other
expenses as may be necessary for its operation and
maintenance, or
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c. contract with a public agency, private agency,
federally recognized tribe, or single or multi-county
trust authority for the operation of the juvenile
detention facility. In the event any board of county
commissioners contracts with a public or private
agency or a federally recognized tribe, pursuant to
the provisions of this section, the Office is
authorized to directly contract with and pay such
public or private agency or federally recognized tribe
for provision of detention services. Any contract
with a federally recognized tribe shall become
effective upon approval by the board of county
commissioners.
4. Management contracts for privately operated detention
facilities shall be negotiated with the firm found most qualified by
the board of county commissioners. However, no private management
contract shall be entered into by the board unless the private
contractor demonstrates to the satisfaction of the board:
a. that the contractor has the qualifications,
experience, and personnel necessary to implement the
terms of the contract,
b. that the financial condition of the contractor is such
that the term of the contract can be fulfilled,
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c. that the ability of the contractor to obtain insurance
or provide self-insurance to indemnify the county
against possible lawsuits and to compensate the county
for any property damage or expenses incurred due to
the private operation of the juvenile detention
facility, and
d. that the contractor has the ability to comply with
applicable court orders and rules of the Office of
Juvenile Affairs.
5. All counties to be served by a secure juvenile detention
facility may, upon the opening of such facility, contract with the
operators for the use of the facility for the temporary detention of
children who are subject to secure detention; provided, however, a
jail, adult lockup, or other adult detention facility may be used
for the secure detention of a child as provided for in Section 2-3-
101 of this title.
6. Expenses incurred in carrying out the provisions of this
section shall be paid from the general fund of the county or from
other public funds lawfully appropriated for such purposes or from
private funds that are available for such purposes. No order shall
be made for detained, or previously detained, youth, parents, or
guardian of the youth to pay the expenses incurred. A county may
also issue bonds for the construction of detention facilities.
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7. The operation of a juvenile detention facility by a county
shall constitute a quasi-judicial function and is also hereby
declared to be a function of the State of Oklahoma for purposes of
the Eleventh Amendment to the United States Constitution. In
addition, no contract authorized by the provisions of this section
for the providing of transportation services or for the operation of
a juvenile detention facility shall be awarded until the contractor
demonstrates to the satisfaction of the county that the contractor
has obtained liability insurance with the limits specified by The
Governmental Tort Claims Act against lawsuits arising from the
operation of the juvenile detention facility by the contractor, or
if the contract is for the providing of transportation services, the
contractor has obtained liability insurance with the limits
specified by The Governmental Tort Claims Act against lawsuits
arising from the transportation of juveniles as authorized by
subsection A of this section.
D. The Board of Juvenile Affairs, from monies appropriated for
that purpose, shall develop, adopt, and implement a plan for secure
juvenile detention services and alternatives to secure detention, to
be known as the State Plan for the Establishment of Juvenile
Detention Services, which shall provide for the establishment of
juvenile detention facilities and services with due regard for
appropriate geographical distribution and existing juvenile
detention programs operated by statutorily constituted juvenile
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bureaus. Said plan may be amended or modified by the Board as
necessary and appropriate. Until said plan is adopted by the Board,
the plan adopted by the Commission for Human Services shall remain
in effect.
1. The Board of Juvenile Affairs shall establish procedures for
the letting of contracts or grants, including grants to existing
juvenile detention programs operated by statutorily constituted
juvenile bureaus, and the conditions and requirements for the
receipt of said grants or contracts for juvenile detention services
and facilities as provided in this section and Section 2-7-401 of
this title. A copy of such procedures shall be made available to
any member of the general public upon request. All such grants or
contracts shall require the participation of local resources in the
funding of juvenile detention facilities. A contract for services
shall be based upon a formula approved by the Board which shall set
the contract amount in accordance with the services offered and the
degree of compliance with standards for certification.
2. The Board of Juvenile Affairs shall establish standards for
the certification of detention services and juvenile detention
facilities. Such standards may include, but not be limited to:
screening for detention; education and recreation opportunities for
juveniles in secure detention; and accreditation by the American
Correctional Association. As a condition of continuing eligibility
for grants or contracts, secure juvenile detention services and
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facilities shall be certified by the Board within two (2) years of
the date of the initial grant or contract.
E. The State Department of Health, with the assistance of the
Office of Juvenile Affairs, shall establish standards for the
certification of jails, adult lockups, and adult detention
facilities used to detain juveniles. Such standards shall include
but not be limited to: separation of juveniles from adults;
supervision of juveniles; and health and safety measures for
juveniles. The Department of Health is authorized to inspect any
jail, adult lockup, or adult detention facility for the purpose of
determining compliance with such standards. No jail, adult lockup,
or other adult detention facility shall be used to detain juveniles
unless such jail, adult lockup, or other adult detention facility
complies with the standards established by the Department of Health
and is designated as a place for the detention of juveniles by the
judge having juvenile docket responsibility in the county from a
list of eligible facilities supplied by the Department of Health.
The development and approval of the standards provided for in
this paragraph shall comply with the provisions of the
Administrative Procedures Act.
F. The State Board of Health shall promulgate rules providing
for the routine recording and reporting of the use of any adult
jail, lockup or other adult facility for the detention of any person
under the age of eighteen (18).
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1. For the purpose of ensuring the uniformity and compatibility
of information related to the detention of persons under age
eighteen (18), said rules shall be reviewed and approved by the
Oklahoma Commission on Children and Youth prior to their adoption by
the Board; and
2. Records of detention shall be reviewed during each routine
inspection of adult jails, lockups or other adult detention
facilities inspected by the State Department of Health and a
statistical report of said detentions shall be submitted to the
Office of Juvenile Affairs at least every six (6) months in a form
approved by the Board of Juvenile Affairs.
SECTION 4. This act shall become effective November 1, 2025.
Passed the House of Representatives the 3rd day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate