Section 12-15-61

Definitions; facilities to be used for detention or shelter care of children generally; when delinquent child, etc., may be detained in jail or other facility for detention of adults; notification of court, etc., when child received at facility for detention of adult offenders or persons charged with crimes; development of statewide system; department to subsidize detention in regional facilities, may contract for detention; transfer of child to detention facility, etc., when case transferred from juvenile court for criminal prosecution.

(a) For the purpose of this section, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) AVERAGE COST OF DETENTION. The average cost of detention of children as determined from experience in Alabama and as computed by the department.

(2) DEPARTMENT. The Department of Youth Services.

(3) REGIONAL DETENTION FACILITY. Any facility owned or operated by the state, any county or other legal entity licensed by and contracting with the department for the detention of children.

(b) Except as provided in subsection (d) of this section, in providing detention and shelter or other care for children referred to or coming under the jurisdiction of the court, the court shall utilize only such facilities as have been established, licensed, or approved by the Department of Youth Services or Department of Human Resources for such purposes.

(c) After October 1, 1991, the Department of Youth Services shall accept all children committed to it within seven days of notice of disposition.

(d) A child alleged or adjudicated to be delinquent may be detained in a jail or other facility for the detention of adults for not more than 7 days pursuant to a court order and only if all of the following conditions are met: (i) the detention is approved by the official or officer in charge of the jail; (ii) the jail contains, at the time of the order, an available room in which the child can be detained separate and removed from all contact with adult inmates; and (iii) adequate supervision is available at the time detention in the jail is ordered. A child who has been transferred for criminal prosecution, or who is no longer subject to the juvenile court's jurisdiction shall be detained as an adult.

(e) Except as provided in subsection (d), the official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately when a child, who is or appears to be a child as defined by this chapter, is received at the facility, and shall deliver the child to the court upon request or transfer him or her to a detention facility designated by the court.

(f) The department shall develop prior to October 1, 1991, and implement a statewide system of regional detention centers which shall be licensed by the Department of Youth Services for the detention of children.

(g) The department shall subsidize the detention of children in the regional detention facilities in an amount up to one half the average cost of detention, the amount depending on the provision of funds by the Legislature to the department. Regional detention facilities may contract with the department or other counties for the detention of children.

(h) When a case is transferred to another court for criminal prosecution, the child shall be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of the person charged with crime.

(i) Any law enforcement official shall, at the direction of the juvenile court, provide security and transportation services for the juvenile court in transporting children to and from secure detention facilities.

(Acts 1975, No. 1205, p. 2384, §5-122; Acts 1990, No. 90-674, p. 1304, §9; Acts 1991, No. 91-634, p. 1192, §1; Acts 1996, No. 96-570, p. 864, §1.)