Indiana § 31-30-3-12 - Secure facility; adult inmates

§ 31-30-3-12. Secure facility; adult inmates

Sec. 12. (a) The following definitions apply throughout this section:

(1) "Juvenile arrestee" means a child who:

(A) is less than eighteen (18) years of age;

(B) has been charged as an adult; and

(C) is awaiting trial, sentencing, or other legal process.

(2) "Sight or sound contact with adult inmates" means any:

(A) physical;

(B) clear visual; or

(C) verbal;

contact between a juvenile arrestee and an adult inmate that is not brief and inadvertent.

(b) A juvenile arrestee who is housed in a secure facility may not be held in:

(1) an adult facility, except as provided in IC 31-37-7-2; or

(2) a facility that permits sight or sound contact with adult inmates;

unless a court finds, after a hearing, that it is in the best interests of justice for the juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates. If a court orders a juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates, the court shall issue its decision in writing.

(c) In making a determination under subsection (b), the court shall consider:

(1) the age of the juvenile arrestee;

(2) the physical and mental maturity of the juvenile arrestee;

(3) the present mental state of the juvenile arrestee, including whether the juvenile arrestee presents an imminent risk of harm to the arrestee or others;

(4) the nature and circumstances of the alleged offense;

(5) any prior history of delinquent or criminal acts of the juvenile arrestee;

(6) the relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the juvenile but also to protect the safety of the public as well as the safety of other detained youth; and

(7) any other relevant factors.

(d) If a court determines it is in the best interests of justice for the juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates, the court may order that the juvenile arrestee be held in an adult facility or a facility permitting sight or sound contact with adult inmates for not more than one hundred eighty (180) days.

(e) The court may extend the one hundred eighty (180) day period described in subsection (d) for one (1) or more additional sixty (60) day periods, if the court finds, in writing, that there is good cause to extend the juvenile arrestee's placement in an adult facility or a facility permitting sight or sound contact with adult inmates. However, the juvenile arrestee may waive the good cause requirement if the juvenile arrestee prefers to keep the same placement.

(f) If the court orders a juvenile arrestee to be held under subsection (d) or (e), the court shall hold a hearing at least one (1) time every thirty (30) days to review whether it is still in the interests of justice to house the arrestee in the adult facility or the facility permitting sight or sound contact with adult inmates.

As added by P.L.157-2021, SEC.1.

IC 31-30-4Chapter 4. Sentencing Alternatives for Certain Offenders Under Criminal Court Jurisdiction

31-30-4-1Application 31-30-4-2Offenders less than 18 years of age; sentencing options 31-30-4-3Violation of suspended criminal sentence; court options 31-30-4-4Reclassification of offender in a juvenile facility; transfer to adult facility 31-30-4-5Offender progress report; court options 31-30-4-6Offenders in juvenile facilities; security or safety risks 31-30-4-7Revocation of suspended criminal sentence; credit for time served