Okla. Stat. tit. 10A, § 10A-2-2-103

agreements – Municipal juvenile facility - Fines.

A. 1. A municipality with a population of at least twenty-five

thousand (25,000) may, by written resolution filed with the district

court, assume jurisdiction of cases involving children under

eighteen (18) years of age charged with violating any municipal

ordinance identified in the resolution.

2. Any other municipality may enter into an interlocal

agreement with the district court pursuant to the Interlocal

Cooperation Act, to assume jurisdiction of cases involving children

under eighteen (18) years of age charged with violating any

municipal ordinance as agreed by the district court, the district

attorney and the municipality.

3. The chief juvenile judge of the district court judicial

district, or if there is no chief judge then the presiding judge of

the judicial administrative district, is hereby authorized to enter

into the interlocal agreement as provided for in this section for

and on behalf of said judicial district if the judge determines that

the agreement is constitutional and complies with state and federal

law.

B. 1. A child under eighteen (18) years of age who is taken

into custody for the alleged violation of a municipal ordinance

relating to truancy may be held pursuant to Section 10-109 of Title

70 of the Oklahoma Statutes.

2. A child under eighteen (18) years of age who is taken into

custody for the alleged violation of a municipal ordinance relating

to curfews may be held temporarily under the care of a peace officer

or other person employed by a police department only until the

parent of the child, legal guardian, legal custodian, attorney or

other responsible adult assumes custody or, if such a person cannot

be located within a reasonable time of the taking of the child into

custody or if such a person refuses to assume custody, until

temporary shelter is found for the child. The temporary custody

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provided for by this paragraph shall be utilized as a means of

returning the child to the home of the child or other place of

shelter.

3. In no event shall the child be placed in a jail, lockup or

adult detention facility. In no event shall the child be placed in

a juvenile detention facility for more than twenty-four (24) hours,

excluding weekends and holidays, prior to an initial court

appearance and for an additional twenty-four (24) hours excluding

weekends and holidays, immediately following an initial court

appearance; provided, however, this provision shall not restrict or

prohibit placing a child in a community intervention center pursuant

to Section 9 of this act.

4. Notwithstanding any other provision of this Code, a child

less than eighteen (18) years of age, who is taken into custody for

the alleged violation of a municipal ordinance, and who can be

prosecuted in municipal court for such offense pursuant to

jurisdiction assumed by the municipal court pursuant to the

provisions of paragraph 1 of this subsection, may be temporarily

detained by the municipality in a municipal juvenile facility, as

defined by this section, but only pursuant to the following

conditions:

a. the municipality shall immediately take all reasonable

steps to attempt to locate the parent of the child,

legal guardian, legal custodian, attorney or another

responsible adult and determine if the parent, legal

guardian, legal custodian, attorney or other

responsible adult is willing to appear at the

municipal juvenile facility and assume personal

custody of the child upon the release of the child

from such facility,

b. the child shall be released to the personal custody of

the parent of the child, legal guardian, legal

custodian, attorney or other responsible adult as soon

as practicable and upon the written promise of such

person to return the child to municipal court to

answer the municipal charges on the date and at the
personal

custody of the child upon the release of the child

from such facility,

b. the child shall be released to the personal custody of

the parent of the child, legal guardian, legal

custodian, attorney or other responsible adult as soon

as practicable and upon the written promise of such

person to return the child to municipal court to

answer the municipal charges on the date and at the

time set by the municipal court and to assume

responsibility for costs for damages by the child if

the child causes damages while committing any acts in

violation of municipal ordinances. Municipalities may

enact ordinances providing penalties for failure to

comply with the written promise and for refusal to

assume custody of a child in a timely manner,

c. the child shall be detained in the municipal juvenile

facility for no longer than twenty-four (24) hours;

provided, if the parent of the child, legal guardian,

legal custodian, attorney or other responsible adult

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fails to appear at the municipal juvenile facility and

assume personal custody of the child within said

twenty-four-hour period, then custody or release of

the child shall be determined pursuant to the

provisions of Section 40 of this act,

d. the child shall be provided with adequate fresh

drinking water,

e. the child shall be provided with adequate food not

less than three times in a twenty-four-hour period,

f. the child shall be provided with adequate bathroom

facilities and bedding, and

g. the child shall be provided with any necessary medical

care and treatment.

C. For the purposes of this section, a "municipal juvenile

facility" shall mean a secure facility which is entirely separate

from any jail, adult lockup, or other adult facility, or is

spatially separate if contained inside any jail, adult lockup, or

other adult facility which is certified by the Office of Juvenile

Affairs for the temporary detention of juveniles as authorized by

the provisions of this section.

1. A municipal juvenile facility shall be certified by the

Office of Juvenile Affairs pursuant to the applicable certification

standards. The Office of Juvenile Affairs is directed to and shall

establish standards for certification of municipal juvenile

facilities to include but not be limited to the conditions set forth

in subparagraphs a through g of paragraph 4 of subsection B of this

section.

2. Each member of the staff of the municipal juvenile facility

shall have satisfactorily completed a training program provided or

approved by the Office of Juvenile Affairs. The Office of Juvenile

Affairs is directed to and shall provide or approve an appropriate

training program for staff members of such facilities.

3. A municipality may contract with an independent public or

private facility properly certified by the Office of Juvenile

Affairs for performance of the detention services authorized by the

provisions of this section.

4. The provisions of this section shall not restrict or limit

the use of municipal juvenile facilities for detention of juveniles

who are detained pursuant to other provisions of law.

5. In no event shall a juvenile be held in an adult facility

that does not meet the definition of a municipal juvenile facility.

D. 1. A child less than eighteen (18) years of age may be

charged, prosecuted and, if convicted, fined for violating a

municipal ordinance; provided, that the maximum fine which may be

imposed shall not exceed the maximum fine authorized by law.

2. When assessing punishment, the court also may require

appropriate community service work, not to exceed ninety (90) hours,

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in lieu of or in addition to a fine if the product of multiplying

the number of hours of community service work by the prevailing

minimum wage plus any fine imposed does not result in a number which
w.

2. When assessing punishment, the court also may require

appropriate community service work, not to exceed ninety (90) hours,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 280

in lieu of or in addition to a fine if the product of multiplying

the number of hours of community service work by the prevailing

minimum wage plus any fine imposed does not result in a number which

exceeds the maximum fine authorized by law, or restitution, or both

community service work and restitution. The court may also impose

costs as authorized by law.

3. If the child fails to complete the community service, a

parent or guardian of the child who knew or should have known that

the child failed to complete the community service may be fined an

amount equal to the number of community service hours that are not

completed by the child multiplied by the hourly minimum wage amount.

4. In addition, during any calendar year that any child:

a. fails to appear for a court date on more than one

occasion,

b. is convicted of two or more of the municipal offenses,

which offenses occurred on different days, or

c. fails to pay any fine or cost properly assessed by a

municipal court,

and after the expiration of ninety (90) days, the court clerk shall

mail notice of such occurrence to the Department of Public Safety,

which Department shall thereafter suspend or deny driving privileges

for such child for six (6) months. The suspension may be modified

as provided in Section 6-107.2 of Title 47 of the Oklahoma Statutes.

In addition, the court may require the child to receive counseling

or other community-based services, as necessary.

E. If a child is prosecuted for an offense in a municipal

court, the child shall not be prosecuted for the offense in the

district court.

F. Any fines and costs properly assessed against any child and

which remain unpaid after three (3) months may be assessed by the

municipal judge against the parent of the child, parents, legal

guardian or legal custodian and collected and paid as provided for

in Articles XXVII and XXVIII of Title 11 of the Oklahoma Statutes.

Provided however, prior to such latter assessment, the court clerk

shall give the parent of the child, parents, legal guardian or legal

custodian notice by certified mail to their place of residence or

personal service of such action proposed to be taken.

G. All municipal arrest records, prosecution records, court

records, and court proceedings for cases involving children less

than eighteen (18) years of age charged with violating municipal

ordinances shall be kept confidential and shall not be open to

public inspection except by order of the municipal court or as

otherwise provided by Chapter 6 of this Code and Section 620.6 of

Title 10 of the Oklahoma Statutes. Municipal conviction records

involving children less than eighteen (18) years of age convicted of

violating municipal ordinances shall be open to public inspection.

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H. Funds generated from fines paid pursuant to an interlocal

agreement between a municipality and the district court shall be

earmarked and used by the municipality only for the following

purposes:

1. To fund local programs which address problems of juvenile

crime;

2. To fund the costs of prosecutions authorized pursuant to the

provisions of this section;

3. To fund the costs of detention authorized pursuant to the

provisions of this section;

4. To fund administrative costs related to local programs that

address problems of juvenile crime or related to the prosecution,

detention, or punishment authorized pursuant to the provisions of

this section; and

5. To fund the costs of community intervention centers

authorized pursuant to Section 9 of this act.

Such earmarked funds shall not be used by the municipality for

any purpose other than the purposes set forth in paragraphs 1

through 5 of this subsection.