Section 211.072

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 2021   

  211.072.  Certification as an adult, placement in secure detention facility to continue transfer to adult jail, when, procedure — limitation on time in adult jail — requirements for pretrial-certified juveniles — per diem. — 1.  A juvenile under eighteen years of age who has been certified to stand trial as an adult for offenses pursuant to section 211.071, if currently placed in a secure juvenile detention facility, shall remain in a secure juvenile detention facility pending finalization of the judgment and completion of appeal, if any, of the judgment dismissing the juvenile petition to allow for prosecution under the general law unless otherwise ordered by the juvenile court.  Upon the judgment dismissing the petition to allow prosecution under the general laws becoming final and adult charges being filed, if the juvenile is currently in a secure juvenile detention facility, the juvenile shall remain in such facility unless the juvenile posts bond or the juvenile is transferred to an adult jail.  If the juvenile officer does not believe juvenile detention would be the appropriate placement or would continue to serve as the appropriate placement, the juvenile officer may file a motion in the adult criminal case requesting that the juvenile be transferred from a secure juvenile detention facility to an adult jail.  The court shall hear evidence relating to the appropriateness of the juvenile remaining in a secure juvenile detention facility or being transferred to an adult jail.  At such hearing, the following shall have the right to be present and have the opportunity to present evidence and recommendations at such hearing:  the juvenile; the juvenile's parents; the juvenile's counsel; the prosecuting attorney; the juvenile officer or his or her designee for the circuit in which the juvenile was certified; the juvenile officer or his or her designee for the circuit in which the pretrial-certified juvenile is proposed to be held, if different from the circuit in which the juvenile was certified; counsel for the juvenile officer; and representatives of the county proposed to have custody of the pretrial-certified juvenile.

  2.  Following the hearing, the court shall order that the juvenile continue to be held in a secure juvenile detention facility subject to all Missouri juvenile detention standards, or the court shall order that the pretrial-certified juvenile be held in an adult jail but only after the court has made findings that it would be in the best interest of justice to move the pretrial-certified juvenile to an adult jail.  The court shall weigh the following factors when deciding whether to detain a certified juvenile in an adult facility:

  (1)  The certified juvenile's age;

  (2)  The certified juvenile's physical and mental maturity;

  (3)  The certified juvenile's present mental state, including whether he or she presents an imminent risk of self-harm;

  (4)  The nature and circumstances of the charges;

  (5)  The certified juvenile's history of delinquency;

  (6)  The relative ability of the available adult and juvenile facilities to both meet the needs of the certified juvenile and to protect the public and other youth in their custody;

  (7)  The opinion of the juvenile officer in the circuit of the proposed placement as to the ability of that juvenile detention facility to provide for appropriate care, custody, and control of the pretrial-certified juvenile; and

  (8)  Any other relevant factor.

  3.  In the event the court finds that it is in the best interest of justice to require the certified juvenile to be held in an adult jail, the court shall hold a hearing once every thirty days to determine whether the placement of the certified juvenile in an adult jail is still in the best interests of justice.

  4.  A certified juvenile cannot be held in an adult jail for more than one hundred eighty days unless the court finds, for good cause, that an extension is necessary or the juvenile, through counsel, waives the one hundred eighty day maximum period.  If no extension is granted under this subsection, the certified juvenile shall be transferred from the adult jail to a secure juvenile detention facility.

  5.  Effective December 31, 2021, all previously pretrial-certified juveniles under eighteen years of age who had been certified prior to August 28, 2021, shall be transferred from adult jail to a secure juvenile detention facility, unless a hearing is held and the court finds, based upon the factors in subsection 2 of this section, that it would be in the best interest of justice to keep the juvenile in the adult jail.

  6.  All pretrial-certified juveniles under eighteen years of age who are held in adult jails pursuant to the best interest of justice exception shall continue to be subject to the protections of the Prison Rape Elimination Act (PREA) and shall be physically separated from adult inmates.

  7.  If the certified juvenile remains in juvenile detention, the juvenile officer may file a motion to reconsider placement.  The court shall consider the factors set out in subsection 2 of this section and the individuals set forth in subsection 1 of this section shall have a right to be present and present evidence.  The court may amend its earlier order in light of the evidence and arguments presented at the hearing if the court finds that it would not be in the best interest of justice for the juvenile to remain in a secure juvenile detention facility.

  8.  Issues related to the setting of, and posting of, bond along with any bond forfeiture proceedings shall be held in the pretrial-certified juvenile's adult criminal case.

  9.  Upon attaining eighteen years of age or upon conviction on the adult charges, the juvenile shall be transferred from juvenile detention to the appropriate adult facility.

  10.  Any responsibility for transportation of and contracted service for the certified juvenile who remains in a secure juvenile detention facility shall be handled in the same manner as in all other adult criminal cases where the defendant is in custody.

  11.  The per diem provisions as set forth in section 211.156 shall apply to certified juveniles who are being held in a secure juvenile detention facility.

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(L. 2021 S.B. 53 & 60)