The bill SB265 Engrossed amends Sections 12-15-208 and 12-15-215 of the Code of Alabama 1975, focusing on the treatment and detention of juvenile offenders. It mandates that the Department of Youth Services (DYS) reimburse county detention facilities for housing children once they are ordered into DYS custody. The bill clarifies the conditions under which status offenders may be detained, allowing for short-term secure custody for investigative purposes and specifying that they can be held for up to 72 hours for violating a valid court order. Additionally, it emphasizes timely assessments and hearings for status offenders and prohibits holding them in secure custody, instead allowing processing in nonsecure areas. The bill also reinforces the separation of juvenile and adult offenders by allowing circuit court judges to place certain children in juvenile detention centers rather than adult jails.
Further amendments include the requirement for juvenile probation officers to send custody orders to DYS within 10 business days and the establishment of a timeline for DYS to accept a child for commitment, extending from seven to 12 business days, with a temporary extension to 16 business days for specific orders. The bill also outlines the responsibilities of parents or guardians, the handling of firearms possessed by delinquent children, and the criteria for determining a child's amenability to treatment. It ensures that no child is placed in a penal institution solely based on a disposition under this section and emphasizes the importance of considering prior treatment efforts in custody decisions. Overall, the bill aims to enhance the protection and rehabilitation of children within the juvenile justice system while ensuring compliance with established legal standards, with an effective date set for October 1, 2024.