Section 211.151

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 1995   

  211.151.  Places of detention — photographing and fingerprinting, restrictions. — 1.  Pending disposition of a case, the juvenile court may order in writing the detention of a child in one of the following places:

  (1)  A juvenile detention facility provided by the county;

  (2)  A shelter care facility, subject to the supervision of the court;

  (3)  A suitable place of detention maintained by an association having for one of its objects the care and protection of children;

  (4)  Such other suitable custody as the court may direct.

  2.  A child shall not be detained in a jail or other adult detention facility pending disposition of a case.

  3.  Law enforcement officers shall take fingerprints and photographs of a child taken into custody for offenses that would be considered felonies if committed by adults, without the approval of the juvenile judge.  A child taken into custody as a victim of abuse or neglect or as a status offender pursuant to subdivision (1) or (2) of subsection 1 of section 211.031 or for an offense that would be considered a misdemeanor if committed by an adult may be fingerprinted or photographed with the consent of the juvenile judge.  Records of a child who has been fingerprinted and photographed after being taken into custody shall be closed records as provided under section 610.100 if a petition has not been filed within thirty days of the date that the child was taken into custody; and if a petition for the child has not been filed within one year of the date the child was taken into custody, any records relating to the child concerning the alleged offense may be expunged under the procedures in sections 610.122 to 610.126.

  4.  (1)  As used in this section, the term "jail or other adult detention facility" means any locked facility administered by state, county or local law enforcement and correctional agencies, a primary purpose of which is to detain adults charged with violating a criminal law pending trial, including facilities of a temporary nature which do not hold persons after they have been formally charged, or to confine adults convicted of an offense.  The term "jail or other adult detention facility" does not include a juvenile detention facility.

  (2)  As used in this section, the term "juvenile detention facility" means a place, institution, building or part thereof, set of buildings or area, whether or not enclosing a building or set of buildings, which has been designated by the juvenile court as a place of detention for juveniles and which is operated, administered and staffed separately and independently of a jail or other detention facility for adults and used exclusively for the lawful custody and treatment of juveniles.  The facility may be owned or operated by public or private agencies.  A juvenile detention facility may be located in the same building or grounds as a jail or other adult detention facility if there is spatial separation between the facilities which prevents haphazard or accidental contact between juvenile and adult detainees; there is separation between juvenile and adult program activities; and there are separate juvenile and adult staff other than specialized support staff who have infrequent contact with detainees.

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(L. 1957 p. 642 § 211.150, A.L. 1982 S.B. 497, A.L. 1984 H.B. 1255, A.L. 1995 H.B. 174, et al.)