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Indiana Criminal Justice Institute

ICJI > Youth > Title II > Deinstitutionalization Deinstitutionalization

Overview

Section 223(a)12(A) of JJDP Act provides that:
"..juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult…or alien juveniles in custody, or such non offenders as dependent and neglected children, shall not be placed in secure detention facilities, or secure adult detention facilities or secure correctional facilities."

Exceptions

  • Non-adjudicated status offenders may be held in a juvenile facility for up to 24 hours, excluding Saturdays, Sundays, and judicial holidays, pending an initial hearing -- this does not include adult facilities.
  • Valid Court Order - status offenders (only runaways and truants by Indiana State Law IC 31-37-22-Sec. 5,6,7 which is more stringent than federal law) may be held securely in juvenile facilities provided that a detention hearing is held within 24 hours and all due process rights are met.
  • Juveniles may be held in a non-secure setting.

For more information about the Deinstitutionalization of Status Offenders core requirement, please contact the Youth Law T.E.A.M. of Indiana.