Jail Removal

Overview

Section 223(a)(14) of the JJDP Act provides that:
"juveniles shall not be securely detained or confined in any jail or lockup for adults"

Exceptions

  • Six (6) Hour Rule - Juvenile or accused delinquents may be held for up to six hours only to find adequate alternative placement and to conduct identification and processing - sight and sound separation must be maintained.
  • Delinquent juveniles may be held for up to six (6) hours immediately following a court appearance.
  • Rural Exception - delinquent offender can be detained up to 24 hours (excluding holidays and weekends) if:
    • State law requires an initial court appearance within 24 hours
    • Outside an MSA
    • No alternatives exist
    • Sight/Sound Separation maintained
    • Prior approval from OJJDP that above are met (currently no Indiana Counties have requested or have met the rural exception)