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Indiana Criminal Justice Institute

ICJI > Youth > Title II > Jail Removal 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)

For more information about the Jail Removal core requirement, please contact the Youth Law T.E.A.M of Indiana.