Okla. Stat. tit. 10A, § 10A-2-3-101

confinement in adult facility - Access to facilities and data.

A. When a child is taken into custody pursuant to the

provisions of the Oklahoma Juvenile Code, the child shall be

detained only if it is necessary to assure the appearance of the

child in court or for the protection of the child or the public.

1. a. No child twelve (12) years of age or younger shall be

placed in a juvenile detention facility unless all

alternatives have been exhausted and the child is

currently charged with a criminal offense that would

constitute a felony if committed by an adult and it

has been indicated by a risk-assessment screening that

the child requires detention. The detention of any

child twelve (12) years of age or younger shall be

judicially reviewed pursuant to subparagraph c of this

paragraph.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 331

b. Any child who is thirteen (13) or fourteen (14) years

of age may be admitted to a juvenile detention

facility only after all alternatives have been

exhausted and the child is currently charged with a

criminal offense that would constitute a felony if

committed by an adult and it has been indicated by a

risk-assessment screening that the child requires

detention.

c. No preadjudicatory or predisposition detention or

custody order shall remain in force and effect for

more than thirty (30) days. The court, for good and

sufficient cause shown, may extend the effective

period of such an order for an additional period not

to exceed sixty (60) days. If the child is being

detained for the commission of a murder, the court

may, if it is in the best interests of justice, extend

the effective period of such an order an additional

sixty (60) days.

d. Whenever the court orders a child to be held in a

juvenile detention facility, an order for secure

detention shall remain in force and effect for not

more than fifteen (15) days after such order. Upon an

application of the district attorney and after a

hearing on such application, the court, for good and

sufficient cause shown, may extend the effective

period of such an order for an additional period not

to exceed fifteen (15) days after such hearing. The

total period of preadjudicatory or predisposition

shall not exceed the ninety-day limitation as

specified in subparagraph a of this paragraph. The

child shall be present at the hearing on the

application for extension unless, as authorized and

approved by the court, the attorney for the child is

present at the hearing and the child is available to

participate in the hearing via telephone conference

communication. For the purpose of this paragraph,

"telephone conference communication" means use of a

telephone device that allows all parties, including

the child, to hear and be heard by the other parties

at the hearing. After the hearing, the court may

order continued detention in a juvenile detention

center, may order the child detained in an alternative

to secure detention or may order the release of the

child from detention.

2. No child alleged or adjudicated to be deprived or in need of

supervision or who is or appears to be a minor in need of treatment

as defined by the Inpatient Mental Health and Substance Abuse

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 332

Treatment of Minors Act, shall be confined in any jail, adult

lockup, or adult detention facility. No child shall be transported

or detained in association with criminal, vicious, or dissolute

persons.

3. Except as otherwise authorized by this section a child who

has been taken into custody as a deprived child, a child in need of

supervision, or who appears to be a minor in need of treatment, may

not be placed in any detention facility pending court proceedings,

but must be placed in shelter care or foster care or, with regard to

a child who appears to be a minor in need of treatment, a behavioral
pt as otherwise authorized by this section a child who

has been taken into custody as a deprived child, a child in need of

supervision, or who appears to be a minor in need of treatment, may

not be placed in any detention facility pending court proceedings,

but must be placed in shelter care or foster care or, with regard to

a child who appears to be a minor in need of treatment, a behavioral

health treatment facility in accordance with the provisions of the

Inpatient Mental Health and Substance Abuse Treatment of Minors Act,

or released to the custody of the parents of the child or some other

responsible party. Provided, this shall not preclude runaway

juveniles from other states, with or without delinquent status, to

be held in a detention facility in accordance with the Interstate

Compact for Juveniles in Sections 2-9-101 through 2-9-116 of this

title and rules promulgated by the Interstate Commission.

B. No child shall be placed in secure detention unless:

1. The child is an escapee from any delinquent placement;

2. The child is a fugitive from another jurisdiction with a

warrant on a delinquency charge or confirmation of delinquency

charges by the home jurisdiction;

3. The child is seriously assaultive or destructive towards

others or self;

4. The child is currently charged with any criminal offense

that would constitute a felony if committed by an adult or a

misdemeanor and:

a. is on probation or parole on a prior delinquent

offense,

b. is on preadjudicatory community supervision, or

c. is currently on release status on a prior delinquent

offense;

5. The child has willfully failed or there is reason to believe

that the child will willfully fail to appear for juvenile court

proceedings;

6. A warrant for the child has been issued on the basis that:

a. the child is absent from court-ordered placement

without approval by the court,

b. the child is absent from designated placement by the

Office of Juvenile Affairs without approval by the

Office of Juvenile Affairs,

c. there is reason to believe the child will not remain

at said placement, or

d. the child is subject to an administrative transfer or

parole revocation proceeding.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 333

C. A child who has violated a court order and has had the order

revoked or modified pursuant to Section 2-2-503 of this title may be

placed into an Office-of-Juvenile-Affairs-designated sanction

detention bed or an Office-of-Juvenile-Affairs-approved sanction

program.

D. Priority shall be given to the use of juvenile detention

facilities for the detention of juvenile offenders through

provisions requiring the removal from detention of a juvenile with a

lower priority status if an empty detention bed is not available at

the time of referral of a juvenile with a higher priority status and

if the juvenile with a higher priority status would be more of a

danger to the public than the juvenile with the lower priority

status.

E. Juvenile detention facilities shall be the initial placement

for all persons under eighteen (18) years of age. No child shall be

placed in secure detention in an adult jail, adult lockup, adult

detention facility or other adult facility except as provided in

this section.

1. Any child who is at least fifteen (15) years of age who is

charged with murder in the first degree may be detained in an adult

jail, adult lockup, adult detention facility or other adult facility

only after a hearing in which the child is provided representation

and the court makes a written finding that it is in the interest of

justice that the child be placed in an adult jail, adult lockup,

adult detention facility or other adult facility.

2. In determining whether it is in the interest of justice that

a child who is at least fifteen (15) years of age and who is charged

with murder in the first degree be placed in an adult jail, adult
presentation

and the court makes a written finding that it is in the interest of

justice that the child be placed in an adult jail, adult lockup,

adult detention facility or other adult facility.

2. In determining whether it is in the interest of justice that

a child who is at least fifteen (15) years of age and who is charged

with murder in the first degree be placed in an adult jail, adult

lockup, adult detention facility or other adult facility, the court

shall consider:

a. the age of the child,

b. the physical and mental maturity of the child,

c. the present mental state of the child, including

whether the child presents an imminent risk of harm to

the child,

d. the nature and circumstances of the alleged offense,

e. the child's history of prior delinquent acts,

f. the relative ability of the available adult and

juvenile detention facilities to not only meet the

specific needs of the child but also to protect the

safety of the public as well as other detained youth,

and

g. any other relevant factors.

3. If a court determines that it is in the interest of justice

that the child be placed in an adult jail, adult lockup, adult

detention facility or other adult facility:

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a. the court shall hold a hearing not less frequently

than once every thirty (30) days, or in the case of a

rural jurisdiction, which is any jurisdiction not

located in a metropolitan statistical area as defined

by the United States Office of Management and Budget,

not less frequently than once every forty-five (45)

days, to review whether it is still in the interest of

justice to permit the juvenile to be so held or have

such sight and sound contact, and

b. the child shall not be held in any adult jail or

lockup for adults or be permitted to have sight or

sound contact with adult inmates for more than one

hundred eighty (180) days, unless the court, in

writing, determines there is good cause for an

extension or the child expressly waives this

limitation.

F. When a child is placed in an adult jail, adult lockup, adult

detention facility or other adult facility, he or she shall be

afforded the following rights and protections in order to address

the child's health and safety:

1. A copy of the child's most current mental health or suicide

screening instrument approved by the Office of Juvenile Affairs

shall be provided to the adult jail, adult lockup or adult detention

facility at the time of the child's transfer; and

2. Adult jails, adult lockups, adult detention facilities or

other adult facilities shall process requests for visits and allow

approved visitors contact visits with the child within five (5)

business days of the request.

G. 1. Except as otherwise provided in this section, no child

shall be placed in secure detention in an adult jail, adult lockup,

adult detention facility or other adult facility unless:

a. the adult jail, adult lockup or adult detention

facility provides sight and sound separation for

juveniles, pursuant to standards required by

subsection E of Section 2-3-103 of this title, and

b. the adult jail, adult lockup or adult detention

facility meets the requirements for licensure of

juvenile detention facilities, as adopted by the

Office of Juvenile Affairs, is appropriately licensed,

and provides sight and sound separation for juveniles,

which includes:

(1) total separation between juveniles and adult

facility spatial areas such that there could be

no haphazard or accidental contact between

juvenile and adult residents in the respective

facilities,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 335

(2) total separation in all juvenile and adult

program activities within the facilities,

including recreation, education, counseling,

health care, dining, sleeping and general living

activities, and
uch that there could be

no haphazard or accidental contact between

juvenile and adult residents in the respective

facilities,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 335

(2) total separation in all juvenile and adult

program activities within the facilities,

including recreation, education, counseling,

health care, dining, sleeping and general living

activities, and

(3) separate juvenile and adult staff, specifically

direct care staff such as recreation, education

and counseling.

Specialized services staff, such as cooks,

bookkeepers, and medical professionals who are not

normally in contact with detainees or whose infrequent

contacts occur under conditions of separation of

juveniles and adults can serve both.

2. Nothing in this section shall preclude a child who is

detained for the commission of a crime that would constitute a

felony if committed by an adult, or a child who is an escapee from a

juvenile secure facility or from an Office of Juvenile Affairs group

home from being held in any jail certified by the State Department

of Health, police station or similar law enforcement offices for up

to six (6) hours for purposes of identification, processing or

arranging for transfer to a secure detention or alternative to

secure detention. Such holding shall be limited to the absolute

minimum time necessary to complete these actions.

a. The time limitations for holding a child in a jail for

the purposes of identification, processing or

arranging transfer established by this section shall

not include the actual travel time required for

transporting a child from a jail to a juvenile

detention facility or alternative to secure detention.

b. Whenever the time limitations established by this

subsection are exceeded, this circumstance shall not

constitute a defense in a subsequent delinquency or

criminal proceeding.

3. Nothing in this section shall preclude detaining in a county

jail or other adult detention facility an eighteen-year-old charged

in a juvenile petition for whom certification to stand trial as an

adult is prayed. However, if no certification motion is filed, the

eighteen-year-old may remain in a juvenile detention facility as

long as secure detention is required.

4. Nothing in this section shall preclude detaining in a county

jail or other adult detention facility a person provided for in

Section 2-3-102 of this title if written or electronically

transmitted confirmation is received from the state seeking return

of the individual that the person is a person provided for in

Section 2-3-102 of this title and if, during the time of detention,

the person is detained in a facility meeting the requirements of

Section 2-3-103 of this title.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 336

5. Nothing in this section shall preclude detaining a person,

whose age is not immediately ascertainable and who is being detained

for the commission of a felony, in a jail certified by the State

Department of Health, a police station or similar law enforcement

office for up to twenty-four (24) hours for the purpose of

determining whether or not the person is a child, if:

a. there is a reasonable belief that the person is

eighteen (18) years of age or older,

b. there is a reasonable belief that a felony has been

committed by the person,

c. a court order for such detention is obtained from a

judge of the district court within six (6) hours of

initially detaining the person,

d. there is no juvenile detention facility that has space

available for the person and that is within thirty
e belief that the person is

eighteen (18) years of age or older,

b. there is a reasonable belief that a felony has been

committed by the person,

c. a court order for such detention is obtained from a

judge of the district court within six (6) hours of

initially detaining the person,

d. there is no juvenile detention facility that has space

available for the person and that is within thirty

(30) miles of the jail, police station, or law

enforcement office in which the person is to be

detained, and

e. during the time of detention the person is detained in

a facility meeting the requirements of subparagraph b

of paragraph 1 of this subsection.

The time limitation provided for in this paragraph shall include the

time the person is detained prior to the issuance of the court

order.

The time limitation provided for in this paragraph shall not include

the actual travel time required for transporting the person to the

jail, police station, or similar law enforcement office. If the

time limitation established by this paragraph is exceeded, this

circumstance shall not constitute a defense in any subsequent

delinquency or criminal proceeding.

H. Nothing contained in this section shall in any way reduce or

eliminate the liability of a county as otherwise provided by law for

injury or damages resulting from the placement of a child in an

adult jail, adult lockup, adult detention facility or other adult

facility.

I. Any juvenile detention facility shall be available for use

by any eligible Indian child as that term is defined by the Oklahoma

Indian Child Welfare Act, providing that the use of the juvenile

detention facility meets the requirements of the Oklahoma Juvenile

Code. The Indian tribe may contract with any juvenile detention

facility for the providing of detention services.

J. Each member of the staff of a juvenile detention facility

shall satisfactorily complete a training program provided or

approved by the Office of Juvenile Affairs.

K. Whenever a juvenile is placed in any adult jail, adult

lockup, adult detention facility or other adult facility, the Office

of Juvenile Affairs shall have access to all facilities which detain

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 337

such juveniles and shall have access to any data regarding such

juveniles. The Office of Juvenile Affairs shall have access to all

adult jails, adult lockups, adult detention facilities or other

adult facilities in this state, including all data maintained by

such facilities, to assure compliance with this section. The Board

of Juvenile Affairs shall promulgate rules as necessary to implement

the provisions of this section.