HCS/SCS/SB 618 - This act modifies provisions relating to criminal offenders.DETENTION OF JUVENILES IN ADULT JAILS - 211.033, 211.071, 211.151, 221.044, & 221.240
Under current law, any child under the age of 17 who has been certified as an adult may be detained in an adult jail prior to trial. As of January 1, 2018, this act prohibits the detention of any child certified as an adult in an adult jail until the child has been sentenced or turns 17 years of age, or unless the child was placed by the court in one of the Department of Corrections' 120-day programs, or upon the request and a showing of good cause by the director of an alternative detention facility to the court. Any child certified as an adult on or after January 1, 2018, must be detained in an alternative detention facility, as defined in the act.
This act requires the Division of Youth Services in collaboration with the Office of State Courts Administrator to establish the Certified Youth Jail Removal Workgroup to develop by January 1, 2018, a plan for the removal of certified children from adult jail pending trial and sentencing. By January 1, 2017, the workgroup shall make recommendations to the General Assembly regarding the establishment of alternative detention facilities for children who have been certified as adults. The workgroup shall automatically terminate on September 1, 2018.
These provisions are similar to HB 1641 (2016) and SB 320 (2015).
JUVENILE SHACKLING - 211.436
This act provides that, when a juvenile court has a rule or otherwise requires the use of restraints during proceedings, the juvenile's attorney must have the right to be heard on a request that the restraints not be used. If the court orders the use of restraints, the court must make findings of fact in support of the use of restraints.
This provision is identical to HCS/SCS/SB 804 (2016), HCS/SS/SCS/SB 663 (2016), and SB 918 (2016), and is similar to HB 2262 (2016).
SHACKLING OF PREGNANT WOMEN - 217.151
This act allows the Department of Corrections to establish rules, policies and procedures for the transportation, evaluation, and treatment of pregnant and postpartum offenders and specifies certain rules that must be promulgated.
One of the rules includes a restriction on restraints being used on offenders during the third trimester of pregnancy or for 48 hours after delivery unless extraordinary circumstances exist. Extraordinary circumstances are described under this act.
Whenever the chief administrative officer determines extraordinary circumstances exist and restraints are used, the officer must fully document certain information in writing within seven days of the incident. This act requires the Sentencing and Corrections Oversight Commission and the advisory committee on women's programs to conduct biannual reviews of the written reports. The Department of Corrections must keep the reports on file for five years.
This act requires the head of each prison to provide training to prison employees on the requirements of this act and inform female offenders of the prison's policies and practices regarding the use of restraints on pregnant and postpartum inmates.
This provision is similar to a provision of SB 977 (2016), HB 2552 (2016), and HCS/SS/SCS/SB 663 (2016).
Certain sections of this act have a delayed effective date of January 1, 2018.
MEGHAN LUECKE