8-305

8-305. Detention center; jail; separate
custody

A. The county board of supervisors or the county jail district, if authorized
pursuant to title 48, chapter 25, shall maintain a detention center that is separate and
apart from a jail or lockup in which adults are confined and where juveniles who are
alleged to be delinquent or children who are incorrigible and within the provisions of
this article shall be detained when necessary before or after a hearing or as a condition
of probation. The board may enter agreements with public or private entities to acquire
land for, build, purchase, lease-purchase, lease or expand a detention center required by
this section.

B. The board of supervisors or the county jail district, if authorized pursuant to
title 48, chapter 25, may provide for the detention of juveniles who are accused or
convicted of a criminal offense in a jail or lockup in which adults are confined. A
juvenile who is confined in a jail or lockup in which adults are confined shall be kept
in a physically separate section from any adult who is charged with or convicted of a
criminal offense, and no sight or sound contact between the juvenile and any charged or
convicted adult is permitted, except to the extent authorized under federal laws or
regulations.

C. A juvenile, pending a juvenile hearing, shall not be confined with adults
charged with or convicted of a crime, except that:

1. A juvenile who is accused of a criminal offense or who is alleged to be
delinquent may be securely detained in such location for up to six hours until
transportation to a juvenile detention center can be arranged if the juvenile is kept in
a physically separate section from any adult who is charged with or convicted of a crime
and no sight or sound contact between the juvenile and any charged or convicted adult is
permitted, except to the extent authorized under federal laws or regulations.

2. A juvenile who is transferred as provided in section 8-327 to the criminal
division of the superior court may be securely detained if the juvenile is kept in a
physically separate section from any adult charged with or convicted of a crime, and no
sight or sound contact with any charged or convicted adult is permitted, except to the
extent authorized under federal laws or regulations.

3. A juvenile who is arrested for an offense listed in section 13-501 may be
detained in a juvenile facility until formally charged as an adult. After a juvenile has
been formally charged as an adult the juvenile may be securely detained in an adult
facility if the juvenile is detained separately from any adult charged with or convicted
of a crime, except to the extent authorized under federal laws or regulations.

D. A child who is alleged to be delinquent or who is alleged to be incorrigible
shall not be securely detained in a jail or lockup in which adults charged with or
convicted of a crime are detained. A child may be nonsecurely detained if necessary to
obtain the child's name, age, residence or other identifying information for up to six
hours until arrangements for transportation to any shelter care facility, home or other
appropriate place can be made. A child who is nonsecurely detained shall be detained
separately from any adult charged with or convicted of a crime, and no sight or sound
contact with any charged or convicted adult is permitted, except to the extent authorized
under federal laws or regulations.

E. Any detained juvenile or child who, by the juvenile's or child's conduct,
endangers or evidences that the juvenile or child may endanger the safety of other
detained children shall not be allowed to intermingle with any other juvenile or child in
the detention center.

F. Pursuant to section 8-322, the county board of supervisors, the county jail
district board of directors or the administrative office of the courts on behalf of the
juvenile court may enter into an agreement with public or private entities to provide the
detention centers required by subsection A of this section.