{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-103","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-103","heading":"Municipal jurisdiction of children – Interlocal","body":"agreements – Municipal juvenile facility - Fines.\n\nA. 1. A municipality with a population of at least twenty-five\n\nthousand (25,000) may, by written resolution filed with the district\n\ncourt, assume jurisdiction of cases involving children under\n\neighteen (18) years of age charged with violating any municipal\n\nordinance identified in the resolution.\n\n2. Any other municipality may enter into an interlocal\n\nagreement with the district court pursuant to the Interlocal\n\nCooperation Act, to assume jurisdiction of cases involving children\n\nunder eighteen (18) years of age charged with violating any\n\nmunicipal ordinance as agreed by the district court, the district\n\nattorney and the municipality.\n\n3. The chief juvenile judge of the district court judicial\n\ndistrict, or if there is no chief judge then the presiding judge of\n\nthe judicial administrative district, is hereby authorized to enter\n\ninto the interlocal agreement as provided for in this section for\n\nand on behalf of said judicial district if the judge determines that\n\nthe agreement is constitutional and complies with state and federal\n\nlaw.\n\nB. 1. A child under eighteen (18) years of age who is taken\n\ninto custody for the alleged violation of a municipal ordinance\n\nrelating to truancy may be held pursuant to Section 10-109 of Title\n\n70 of the Oklahoma Statutes.\n\n2. A child under eighteen (18) years of age who is taken into\n\ncustody for the alleged violation of a municipal ordinance relating\n\nto curfews may be held temporarily under the care of a peace officer\n\nor other person employed by a police department only until the\n\nparent of the child, legal guardian, legal custodian, attorney or\n\nother responsible adult assumes custody or, if such a person cannot\n\nbe located within a reasonable time of the taking of the child into\n\ncustody or if such a person refuses to assume custody, until\n\ntemporary shelter is found for the child. The temporary custody\n\nprovided for by this paragraph shall be utilized as a means of\n\nreturning the child to the home of the child or other place of\n\nshelter.\n\n3. In no event shall the child be placed in a jail, lockup or\n\nadult detention facility. In no event shall the child be placed in\n\na juvenile detention facility for more than twenty-four (24) hours,\n\nexcluding weekends and holidays, prior to an initial court\n\nappearance and for an additional twenty-four (24) hours excluding\n\nweekends and holidays, immediately following an initial court\n\nappearance; provided, however, this provision shall not restrict or\n\nprohibit placing a child in a community intervention center pursuant\n\nto Section 9 of this act.\n\n4. Notwithstanding any other provision of this Code, a child\n\nless than eighteen (18) years of age, who is taken into custody for\n\nthe alleged violation of a municipal ordinance, and who can be\n\nprosecuted in municipal court for such offense pursuant to\n\njurisdiction assumed by the municipal court pursuant to the\n\nprovisions of paragraph 1 of this subsection, may be temporarily\n\ndetained by the municipality in a municipal juvenile facility, as\n\ndefined by this section, but only pursuant to the following\n\nconditions:\n\na. the municipality shall immediately take all reasonable\n\nsteps to attempt to locate the parent of the child,\n\nlegal guardian, legal custodian, attorney or another\n\nresponsible adult and determine if the parent, legal\n\nguardian, legal custodian, attorney or other\n\nresponsible adult is willing to appear at the\n\nmunicipal juvenile facility and assume personal\n\ncustody of the child upon the release of the child\n\nfrom such facility,\n\nb. the child shall be released to the personal custody of\n\nthe parent of the child, legal guardian, legal\n\ncustodian, attorney or other responsible adult as soon\n\nas practicable and upon the written promise of such\n\nperson to return the child to municipal court to\n\nanswer the municipal charges on the date and at the\npersonal\n\ncustody of the child upon the release of the child\n\nfrom such facility,\n\nb. the child shall be released to the personal custody of\n\nthe parent of the child, legal guardian, legal\n\ncustodian, attorney or other responsible adult as soon\n\nas practicable and upon the written promise of such\n\nperson to return the child to municipal court to\n\nanswer the municipal charges on the date and at the\n\ntime set by the municipal court and to assume\n\nresponsibility for costs for damages by the child if\n\nthe child causes damages while committing any acts in\n\nviolation of municipal ordinances. Municipalities may\n\nenact ordinances providing penalties for failure to\n\ncomply with the written promise and for refusal to\n\nassume custody of a child in a timely manner,\n\nc. the child shall be detained in the municipal juvenile\n\nfacility for no longer than twenty-four (24) hours;\n\nprovided, if the parent of the child, legal guardian,\n\nlegal custodian, attorney or other responsible adult\n\nfails to appear at the municipal juvenile facility and\n\nassume personal custody of the child within said\n\ntwenty-four-hour period, then custody or release of\n\nthe child shall be determined pursuant to the\n\nprovisions of Section 40 of this act,\n\nd. the child shall be provided with adequate fresh\n\ndrinking water,\n\ne. the child shall be provided with adequate food not\n\nless than three times in a twenty-four-hour period,\n\nf. the child shall be provided with adequate bathroom\n\nfacilities and bedding, and\n\ng. the child shall be provided with any necessary medical\n\ncare and treatment.\n\nC. For the purposes of this section, a \"municipal juvenile\n\nfacility\" shall mean a secure facility which is entirely separate\n\nfrom any jail, adult lockup, or other adult facility, or is\n\nspatially separate if contained inside any jail, adult lockup, or\n\nother adult facility which is certified by the Office of Juvenile\n\nAffairs for the temporary detention of juveniles as authorized by\n\nthe provisions of this section.\n\n1. A municipal juvenile facility shall be certified by the\n\nOffice of Juvenile Affairs pursuant to the applicable certification\n\nstandards. The Office of Juvenile Affairs is directed to and shall\n\nestablish standards for certification of municipal juvenile\n\nfacilities to include but not be limited to the conditions set forth\n\nin subparagraphs a through g of paragraph 4 of subsection B of this\n\nsection.\n\n2. Each member of the staff of the municipal juvenile facility\n\nshall have satisfactorily completed a training program provided or\n\napproved by the Office of Juvenile Affairs. The Office of Juvenile\n\nAffairs is directed to and shall provide or approve an appropriate\n\ntraining program for staff members of such facilities.\n\n3. A municipality may contract with an independent public or\n\nprivate facility properly certified by the Office of Juvenile\n\nAffairs for performance of the detention services authorized by the\n\nprovisions of this section.\n\n4. The provisions of this section shall not restrict or limit\n\nthe use of municipal juvenile facilities for detention of juveniles\n\nwho are detained pursuant to other provisions of law.\n\n5. In no event shall a juvenile be held in an adult facility\n\nthat does not meet the definition of a municipal juvenile facility.\n\nD. 1. A child less than eighteen (18) years of age may be\n\ncharged, prosecuted and, if convicted, fined for violating a\n\nmunicipal ordinance; provided, that the maximum fine which may be\n\nimposed shall not exceed the maximum fine authorized by law.\n\n2. When assessing punishment, the court also may require\n\nappropriate community service work, not to exceed ninety (90) hours,\n\nin lieu of or in addition to a fine if the product of multiplying\n\nthe number of hours of community service work by the prevailing\n\nminimum wage plus any fine imposed does not result in a number which\nw.\n\n2. When assessing punishment, the court also may require\n\nappropriate community service work, not to exceed ninety (90) hours,\n\nin lieu of or in addition to a fine if the product of multiplying\n\nthe number of hours of community service work by the prevailing\n\nminimum wage plus any fine imposed does not result in a number which\n\nexceeds the maximum fine authorized by law, or restitution, or both\n\ncommunity service work and restitution. The court may also impose\n\ncosts as authorized by law.\n\n3. If the child fails to complete the community service, a\n\nparent or guardian of the child who knew or should have known that\n\nthe child failed to complete the community service may be fined an\n\namount equal to the number of community service hours that are not\n\ncompleted by the child multiplied by the hourly minimum wage amount.\n\n4. In addition, during any calendar year that any child:\n\na. fails to appear for a court date on more than one\n\noccasion,\n\nb. is convicted of two or more of the municipal offenses,\n\nwhich offenses occurred on different days, or\n\nc. fails to pay any fine or cost properly assessed by a\n\nmunicipal court,\n\nand after the expiration of ninety (90) days, the court clerk shall\n\nmail notice of such occurrence to the Department of Public Safety,\n\nwhich Department shall thereafter suspend or deny driving privileges\n\nfor such child for six (6) months. The suspension may be modified\n\nas provided in Section 6-107.2 of Title 47 of the Oklahoma Statutes.\n\nIn addition, the court may require the child to receive counseling\n\nor other community-based services, as necessary.\n\nE. If a child is prosecuted for an offense in a municipal\n\ncourt, the child shall not be prosecuted for the offense in the\n\ndistrict court.\n\nF. Any fines and costs properly assessed against any child and\n\nwhich remain unpaid after three (3) months may be assessed by the\n\nmunicipal judge against the parent of the child, parents, legal\n\nguardian or legal custodian and collected and paid as provided for\n\nin Articles XXVII and XXVIII of Title 11 of the Oklahoma Statutes.\n\nProvided however, prior to such latter assessment, the court clerk\n\nshall give the parent of the child, parents, legal guardian or legal\n\ncustodian notice by certified mail to their place of residence or\n\npersonal service of such action proposed to be taken.\n\nG. All municipal arrest records, prosecution records, court\n\nrecords, and court proceedings for cases involving children less\n\nthan eighteen (18) years of age charged with violating municipal\n\nordinances shall be kept confidential and shall not be open to\n\npublic inspection except by order of the municipal court or as\n\notherwise provided by Chapter 6 of this Code and Section 620.6 of\n\nTitle 10 of the Oklahoma Statutes. Municipal conviction records\n\ninvolving children less than eighteen (18) years of age convicted of\n\nviolating municipal ordinances shall be open to public inspection.\n\nH. Funds generated from fines paid pursuant to an interlocal\n\nagreement between a municipality and the district court shall be\n\nearmarked and used by the municipality only for the following\n\npurposes:\n\n1. To fund local programs which address problems of juvenile\n\ncrime;\n\n2. To fund the costs of prosecutions authorized pursuant to the\n\nprovisions of this section;\n\n3. To fund the costs of detention authorized pursuant to the\n\nprovisions of this section;\n\n4. To fund administrative costs related to local programs that\n\naddress problems of juvenile crime or related to the prosecution,\n\ndetention, or punishment authorized pursuant to the provisions of\n\nthis section; and\n\n5. To fund the costs of community intervention centers\n\nauthorized pursuant to Section 9 of this act.\n\nSuch earmarked funds shall not be used by the municipality for\n\nany purpose other than the purposes set forth in paragraphs 1\n\nthrough 5 of this subsection.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8e4f890ba4432b834bd519491211183331536ae872d73804fb7b0a66ef512fb4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-102","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-104"},"notice":"GroundRules: Original legal text. Not legal advice."}