Selected Enactments on Housing Juveniles with Adults (1994-2000)

Juvenile Justice Project

Select State Enactments on Housing Juveniles with Adults (1994-2000)

1994 Alaska Sess. Laws, Chap. 33 Complies with federal regulations requiring incarcerated or detained juveniles be separated from adult prisoners.

1997 Ariz. Sess. Laws, Chap. 220 Sec. 18 Requires sight and sound separation from adults for juveniles detained in adult jails, prisons and lockups.

1999 Ark. Act, H 1315 Requires the Division of Youth Services to separate by age and seriousness of offense juvenile offenders committed to the Division of Youth Services.

1999 Ark. Acts, H 1316 Requires the Division of Youth Services to establish a separate facility to house offenders between the ages of 18 and 21 who have been committed to the division.

2000 Colo. Sess. Laws, S140 States legislative intent that juveniles sentenced to the youthful offender system be sentenced as adults, but be housed separately from the adult inmate population. Limits transfers to other facilities to 60 days.

1996 Colo. Sess. Laws, Chap. 283 Sec. 17-1-104.7 (1)-Requires the corrections department executive director to develop a management plan for housing juvenile inmates separate from adult inmates.

2000 Idaho Sess. Laws, H 438 Sets minimum standards for the detention of juveniles, including 1) keeping juveniles segregated from adult offenders, 2) providing supervision and observation sufficient to protect the physical and mental health of the detainees, 3) supplying three adequate and nutritional meals per day, 4) providing access to reading materials on a regular basis, and 5) allowing family visits to each juvenile for at least two hours each week.

1997 Idaho Sess. Laws, HB 42 Sec.1 Permits holding juveniles who have been formally charged as an adult in a county jail or other adult prison unless the court orders otherwise.

1997 Kan. Sess. Laws, S 460 Prohibits the use of department of corrections' institutions for temporary housing of juveniles under age 16.

2000 Mich. Pub. Acts, H 4784 Requires the Department of Corrections to house all male inmates age 16 and younger at the youth correctional facility, unless certain circumstances require housing at a different facility. Allows 17-year-old inmates with satisfactory prison records to remain at the youth facility for up to one year.

1999 Mont. Laws, Chap. 537 Prohibits a juvenile who is prosecuted in a juvenile court and later transferred to a district court from being sentenced to an adult facility. Requires that the combined time of sentence under an extended jurisdiction prosecution may not exceed the time of imprisonment that an adult could receive under an adult prosecution.

1999 Mont. Laws, S 54 Allows a county to contract with another state or an Indian tribe for use of secure detention of youths in facilities separate from adult jails. Requires licensure or certification of such facilities.

1995 Minn. Laws, Chap. 226, Art. 3, Sec. 27 Authorizes adult residential facilities to admit certain extended juvenile jurisdiction juveniles and directs facilities to develop policies for age separation.

1999 Minn. Laws, Chap. 139 Art. 2, Sec. 25, Sub 1 Requires a court to hold a detention hearing within a certain amount of time, depending on where the child is held, and that a child who has been detained in an adult jail or municipal lockup and for whom continued detention is ordered to be transferred to a secure juvenile detention or shelter care facility, unless a motion is pending to refer a child for adult prosecution.

1999 Okla. Sess. Laws, Chap. 365 Sec. 2 Defines a municipal juvenile facility as a temporary detention facility other than a community intervention center that accepts a child under age 18 charged with violating a municipal ordinance, that is entirely separate from any jail, adult lockup or other adult facility.

1996 Ohio Laws, Am. Sub. HB 1 Sec. 2151.23 (H)(2)-Allows the state to house an inmate age 14 to 18 in a state correctional institution unit separate from inmates older than 18 years, under certain circumstances.

1995 Tenn. Pub. Acts, Chap. 354 Requires juvenile offenders tried as adults and who are housed in an adult facility, separate from adult offenders, to follow the same regulations and policies regarding educational and imprisonment conditions.

1997 Texas Gen. Laws, Chap. 1394 Permits detention of a juvenile in a non certified juvenile facility until a hearing. Requires sight and sound separation of adults from juveniles.

1997 Wash. Laws, Chap. 338 Sec.42-Requires housing an offender under the age of 18 who is convicted in adult criminal court and who is sentenced to jail in a jail cell that does not contain adult offenders, until the offender reaches age 18.

1995 Wis. Laws, Act 77 Sec. 302.18-Requires the state to keep juveniles convicted as adults in secure care until age 15 at which time they may be transferred to state prison.

For information on specific issues, contact NCSL's Denver office at 303/364-7700.

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