Juvenile detention facilities-admissions criteria.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0012

ENROLLED ACT NO. 5, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
juvenile detention; requiring a risk assessment for alleged delinquent minors as specified;
requiring
sheriffs
to a
pprove
juvenile detention risk assessment
instrument
s
; providing definitions;
requiring a report;
and providing for
an
effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 5
‑
6
‑
112(b) by creating new paragraphs (iv)
through
(v
i
), 5
‑
6
‑
113 by creating new subsections (c) through (e), 7
‑
1
‑
107(b) by creating new paragraphs (iv)
through
(v
i
), 7
‑
1
‑
108 by creating new subsections (c) through (f) and 14
‑
6
‑
206(a)(intro) are amended to read:

5
‑
6
‑
112.

Detention of juvenile offenders.

(b)

As used in W.S. 5
‑
6
‑
112 and 5
‑
6
‑
113:

(iv)

"Hardware secure juvenile detention facility" means a facility
used
for the detention of minors that is characterized by locks on the doors and other restrictive hardware designed to restrict the movement of the minors and protect public safety
;

(v)

"Shelter care" means as defined in W.S. 14
‑
6
‑
201(a)(x
x
ii);

(v
i
)

"Staff secure juvenile detention facility" means a facility
used
for the detention of minors that is characterized by a trained staff to supervise the movement and activities of detained minors at the facility, without the additional use of hardware secure equipment.

5
‑
6
‑
113.

Incarceration of juvenile offenders.

(c)

Except for an alleged delinquent minor who is released to the custody of the minor's parent, guardian or custodian, with verbal counsel, warning or a written promise to appear in court, the person taking the minor into custody shall ensure that a juvenile detention risk assessment shall be promptly performed,

using
a uniform assessment

instrument
designed
by the county sheriff
s
. If the risk assessment finds that the minor is a serious risk to himself or to the safety of others, the minor
may
be:

(i)

Placed in a hardware secure juvenile detention facility;

(ii)

Transferred to a medical facility if the minor is believed to be suffering from a serious physical or mental illness that requires prompt diagnosis or treatment;

(iii)

If the
minor

i
s not
held pursuant to paragraph (i) of this subsection
, placed
in shelter care or a staff secure juvenile detention facility
,

or released to a
parent, guardian or other custodian
who can
provide supervision and care for the minor
pending the minor's appearance in court
.

If no space is available in shelter care or a staff secure juvenile detention facility, the
minor
may be held in a hardware secure juvenile detention facility
.

(d)

A minor under the age of eleven (11) years shall not be held in a hardware secure juvenile detention facility. If the minor under the age of eleven (11) years poses a substantial risk of harm to himself or others, a peace officer may detain and transport the minor for an emergency mental health evaluation.

(e)

If a minor is taken into custody and is not released to the minor's parent, guardian or custodian, the person taking the minor into custody shall give notice thereof
to the minor's parent, guardian or custodian
as soon as possible, and in no case later than
twenty-four (24)
hours after taking the minor into custody.

7
‑
1
‑
107.

Detention of juvenile offenders.

(b)

As used in W.S. 7
‑
1
‑
107 and 7
‑
1
‑
108:

(iv)

"Hardware secure juvenile detention facility" means a facility
used
for the detention of minors that is characterized by locks on the doors and other restrictive hardware designed to restrict the movement of the minors and protect public safety;

(v)

"Shelter care" means as defined in W.S. 14
‑
6
‑
201(a)(x
x
ii);

(v
i
)

"Staff secure juvenile detention facility" means a facility
used
for the detention of minors that is characterized by a trained staff to supervise the movement and activities of detained minors at the facility, without the additional use of hardware secure equipment.

7
‑
1
‑
108.

Incarceration of juvenile offenders.

(c)

Except for an alleged delinquent minor who is released to the custody of the minor's parent, guardian or custodian, with verbal counsel, warning or a written promise to appear in court, the person taking the minor into custody shall
ensure
a juvenile detention risk assessment shall be promptly performed,

using
a uniform assessment
instrument
designed
by the county sheriff
s
.
If the risk assessment finds that the minor is a serious risk to himself or to the safety of others, the minor
may
be:

(i)

Placed in a hardware
or staff
secure juvenile detention facility;

(ii)

Transferred to a medical facility if the minor is believed to be suffering from a serious physical or mental illness that requires prompt diagnosis or treatment;

(iii)

If the
minor

i
s not
held pursuant to
paragraph (i) of this subsection, p
laced in shelter care or a staff secure juvenile detention facility, or released to a parent, guardian or other custodian who can provide supervision and care for the minor pending the minor's appearance in court.

If no space is available in shelter care or a staff secure juvenile detention facility, the
minor
may be held in a hardware secure juvenile detention facility
.

(d)

A minor under the age of eleven (11) years shall not be held in a hardware secure juvenile detention facility. If the minor under the age of eleven (11) years poses a substantial risk of harm to himself or others, a peace officer may detain and transport the minor for an emergency mental health evaluation.

(e)

If a minor is taken into custody and is not released to the minor's parent, guardian or custodian, the person taking the minor into custody shall give notice thereof
to the minor's parent, guardian or custodian
as soon as possible, and i
n no case later than
twenty-four (24
) hours afte
r taking the minor into custody
.

(f)

The county sheriffs shall report on and t
he department
of family services
shall collect and analyze data regarding the application of the juvenile detention risk assessment instrument
s
specified under W.S.

5
‑
6
‑
113(c) and subsection (c) of this section
and shall report to the j
oint
j
udiciary
i
nterim
c
ommittee
annually beginning January 1, 2011 and every January 1 thereafter.

14
‑
6
‑
206.

Child in custody; no detention without court order; exceptions; notice to parent or guardian; release.

(a)

In accordance with procedures specified in W.S. 7
‑
1
‑
108(c) and (d)
, a
child taken into custody shall not be held in detention or placed in shelter care without a court order unless detention or shelter care is required to:

Section 2.

T
h
is act is effective July 1, 20
10
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1