This bill amends the law governing detention of juveniles who have been bound over for prosecution as an adult. Under current law, when a detained juvenile who has been bound over for prosecution as an adult reaches 18 years of age, the juvenile must be detained in an adult section of a jail. This bill adds an exception to this provision by allowing the Department of Corrections to request and the court to order that the juvenile be detained in a department detention facility exclusively for juveniles. The court may grant a request made pursuant to this provision only for the period of time that the juvenile is detained prior to the commencement of adult proceedings, including while awaiting appeal of the order binding the juvenile over for prosecution as an adult but not including any period of time pending an appeal taken after the juvenile is convicted as an adult. Once a court has granted the department's request made pursuant to this provision, the department may at any time request that the court rescind that decision. If the court grants the request to rescind, the juvenile must be detained in an adult section of a jail. The bill also provides that a person may not be detained in a detention facility approved or operated by the department exclusively for juveniles if the person attains 21 years of age.

Statutes affected:
Bill Text LD 42, HP 6: 15.3101