SB 1868

Present law describes when a child may be detained in a secure facility. This bill expands present law by providing that a child may be detained in a secure facility when there is probable cause to believe the child is a child in need of heightened super vision. As used in this bill, a "child in need of heightened supervision"" means a child who a court determines meets either of the below requirements:  The child has exhibited or threatened violent behavior consistent with first degree murder; second degree murder; rape; aggravated rape; rape of a child; aggravated robbery; especially aggravated robbery; kidnapping; aggravated kidnapping; especially aggravated kidnapping; aggravated assault; felony reckless endangerment; aggravated sexual battery; voluntary manslaughter; criminally negligent homicide; sexual battery by an authority figure; statutory rape by an authority figure; prohibited weapon; unlawful carrying or possession of a firearm; carrying weapons on school property; carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds; handgun possession; providing handguns to juveniles; any felony drug offense; or cruelty to animals. This applies regardless of whether a petition has been filed alleging the child committed a delinquent act and regardless of the child's adjudication or diversion status.  The child is incompetent to be adjudicated delinquent but has exhibited behavior consistent with a violent offense or an attempt to commit a violent offense, including those listed above. APPROPRIATE LOCATIONS FOR DETAINED CHILDREN Present law allows a child that is alleged to be delinquent or unruly to be detained only in a licensed foster home or home approved by the court; a facility operated by a licensed child care agency; a detention home or center for delinquent children tha t is under the direction or supervision of the court or an authority approved by the court; or any other suitable place designated or operated by the court. This bill clarifies that such requirements also apply to a child in need of heightened supervisio n. JAILS AND FACILITIES INTENDED OR USED FOR DETENTION OF ADULTS Present law prohibits a child alleged to be dependent or neglected from being detained in a jail or other facility intended or used for the detention of adults charged with a criminal offense or of children alleged to be delinquent. This bill clarifies that prohibition does not apply if the alleged dependent or neglected child is a child in need of heightened supervision. SHELTER CARE Present law generally prohibits a child alleged to be delinquent or a child committed to the department of children's services (""department"") from being held in shelter care with a child alleged to be dependent or neglected if the delinquent child meets any of the following criteria:  H as been found to be delinquent or i s alleged to be delinquent based on a felony offense constituting a crime against a person or persons .  H as prior commitments to the department as a result of having committed a felony offense constituting a crime against a person or persons .  H as been found to be delinquent or is alleged to be delinquent based on a felony drug offense .  H as prior commitments to the department as a result of having committed a felony drug offense .  H as a history of prior convictions for felony offenses that constitute crimes against persons or felony drug offenses. This bill clarifies that the prohibition as described above does not apply if the child alleged to be dependent or neglected is also a child in need of heightened supervision. INSTITUTIONS OR FACILITIES FOR DELINQUENT CHILDREN Present law generally prohibits a child found to be dependent or neglected from being confined to an institution or other facility for the benefit of delinquent children unless the alleged dependent or neglected child is also delinquent. This bill clari fies that the exception also applies to a child in need of heightened supervision. REQUIRED DISCHARGE Present law generally requires a delinquent child committed to the custody of the department for an indefinite time to be discharged after a maximum of six months. This bill clarifies that this requirement does not apply if the child is alleged to have committed an assault against a staff member at the child's residential placement. A child committed to the custody of the department must receive notice of this exception."