RS 1110 - Purpose and reasons for detention; detention standards; licensing; fees
A. It is the intent of the legislature to protect the health, safety, and well-being of the children of this state who are placed in juvenile detention facilities. Toward this end, it is the purpose of this Part to provide for the establishment of statewide standards for juvenile detention facilities, to ensure maintenance of these standards, and to regulate conditions in these facilities through a licensing program. It shall be the policy of this state that all juvenile detention facilities provide temporary, safe, and secure custody of juveniles during the pendency of juvenile proceedings, when detention is the least restrictive alternative available to secure the appearance of the juvenile in court or to protect the safety of the child or the public.
B. Secure detention shall be used only when it is determined to be necessary based on the child's assessed risk to public safety or to secure the appearance of the child in court.
C.(1) All juvenile detention facilities, including facilities owned or operated by any governmental, profit, nonprofit, private, or public agency, shall not be used to detain a child who is alleged to have committed a delinquent act for any of the following purposes or reasons:
(a) To punish, treat, or rehabilitate the child.
(b) To allow the child's parent, guardian, or legal custodian to avoid the parent's, guardian's, or legal custodian's legal responsibilities relative to the child.
(c) Solely to satisfy a demand made by a victim, law enforcement, or the community that a child be detained.
(d) To facilitate further interrogation or investigation.
(e) To facilitate further assessment or evaluation.
(f) The unavailability of a more appropriate facility.
(2) Nothing in this Subsection shall prohibit the detention of a child who is charged with the commission of a serious offense or with a history of prior adjudications for the commission of delinquent acts based upon serious offenses.
D.(1) On or after July 1, 2020, a detention screening instrument shall be administered for any child placed in secure detention when taken into custody without a court order pursuant to Children's Code Article 814 for alleged commission of a delinquent act.
(2)(a) The Louisiana Juvenile Detention Alternatives Initiative Statewide Leadership Collaborative, created by House Concurrent Resolution No. 102 of the 2016 Regular Session of the Legislature, hereinafter referred to as "the JDAI Collaborative" shall support the statewide implementation of detention screening instruments and the training process and requirements for those persons who will utilize the instruments.
(b) The detention screening instruments shall assess the child only to determine the child's risk to public safety while a current arrest is pending and the risk of failure to appear in court for the pending case.
(c) Except as authorized in Subparagraph (d) of this Paragraph, the detention screening instrument shall be selected from the tools that are being utilized as of January 1, 2019, by local jurisdictions in the state, which shall be provided by the JDAI Collaborative. A detention screening instrument that is being utilized by a jurisdiction as of January 1, 2019, is sufficient to satisfy the requirements of this Subparagraph.
(d) Any jurisdiction that chooses to use a detention screening instrument other than an instrument provided by the JDAI Collaborative, shall submit the instrument to the JDAI Collaborative for its approval no later than April 1, 2020, pursuant to a submission process set forth by the JDAI Collaborative.
(3) A copy of the completed detention screening instrument shall be provided to the juvenile detention facility for any child who is admitted into its custody. The juvenile detention facility shall keep a record of the results of the detention screening instrument and the recommendation made based upon the instrument to either detain the child, release the child with conditions, or release the child without conditions. This record shall include the parish in which the child was taken into custody, the most serious charge for which the child was taken into custody, and demographic information about the child including but not limited to race, ethnicity, gender, and age. This information shall be aggregated and submitted quarterly to the Louisiana Commission on Law Enforcement and Administration of Criminal Justice which shall annually provide such information to the JDAI Collaborative.
E. Each juvenile detention facility licensed pursuant to this Section, including facilities owned or operated by any governmental, profit, nonprofit, private, or public agency, may establish arts-based programming in the facility which may include but is not limited to performing arts, visual arts, and other arts activities that enhance youth development. For the purposes of funding the arts-based programming, the facility owner or operator is authorized to receive, by appropriation, gift, grant, donation, or otherwise, any sum of money, aid, or assistance from any person, firm, or corporation or from the United States, its agencies, the state of Louisiana, or any political subdivision of the state.
F. On or before July 1, 2011, the Louisiana Juvenile Detention Association shall develop and recommend uniform standards for local juvenile detention facilities that comport with nationally recognized and accepted best practice standards for juvenile detention facilities.
G. On or before January 1, 2012, the Department of Children and Family Services shall develop and promulgate, in accordance with the provisions of the Administrative Procedure Act, rules governing the licensing of juvenile detention facilities consistent with the standards recommended by the Louisiana Juvenile Detention Association.
H. On or before July 1, 2013, all juvenile detention facilities, including facilities owned or operated by any governmental, profit, nonprofit, private, or public agency, shall be licensed in accordance with rules promulgated pursuant to the provisions of Subsection G of this Section.
I. There shall be an annual license fee for any license issued to a detention facility as follows:
(1) For a detention facility authorized to care for six or fewer juveniles, the license fee shall be four hundred dollars.
(2) For a detention facility authorized to care for at least seven but not more than fifteen juveniles, the license fee shall be five hundred dollars.
(3) For a detention facility authorized to care for sixteen or more juveniles, the license fee shall be six hundred dollars.
Acts 2003, No. 1225, §2; Acts 2010, No. 863, §1; Acts 2012, No. 366, §1; Acts 2012, No. 814, §1, eff. July 1, 2013; Acts 2016, No. 614, §2; Acts 2019, No. 147, §2; Acts 2019, No. 395, §2.