38-2366. Juvenile offenders in custody of DOC; placement; notification to court; detainment; prohibition on admittance to juvenile correctional facility.
38-2366
38-2366. Juvenile offenders in custody of DOC;placement; notification to court; detainment; prohibition on admittance tojuvenile correctional facility.(a) When a juvenile offender who is under 16 years of age atthe time of thesentencing, has been prosecuted and convicted as an adult or under the extendedjurisdiction juvenileprosecution, and has been placed in the custody of the secretary of thedepartment of corrections, thesecretary shall notify the sheriff having the offender in custody to conveysuch juvenile offender ata time designated by the juvenile justice authority to a juvenile correctionalfacility. Thecommissioner shall notify the court, in writing, of the initial placement oftheoffender in the specificjuvenile correctional facility as soon as the placement has been accomplished.The commissionershall not permit the juvenile offender to remain detained in any jail for morethan 72 hours,excluding Saturdays, Sundays and legal holidays, after the commissioner hasreceived the writtenorder of the court placing the offender in the custody of the commissioner. Ifsuch placement cannotbe accomplished, the offender may remain in jail for an additional period oftime, not exceeding 10days, which is specified by the commissioner and approved by the court.
(b) A juvenile who has been prosecuted and convicted as an adult shall not beeligible foradmission to a juvenile correctional facility. All other conditions of theoffender's sentence imposedunder this code, including restitution orders, may remain intact. Theprovisions of this subsectionshall not apply to an offender who: (1) Is under 16 years of age at the timeof the sentencing; (2) has been prosecuted as an adult or under extendedjuvenile jurisdiction; and (3) has been placed inthe custody of the secretary of corrections, requiring admission to a juvenilecorrectional facilitypursuant to subsection (a).
History: L. 2006, ch. 169, § 66; Jan. 1, 2007.