{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-3-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-3-101","heading":"Conditions of detention of child - Detention or","body":"confinement in adult facility - Access to facilities and data.\n\nA. When a child is taken into custody pursuant to the\n\nprovisions of the Oklahoma Juvenile Code, the child shall be\n\ndetained only if it is necessary to assure the appearance of the\n\nchild in court or for the protection of the child or the public.\n\n1. a. No child twelve (12) years of age or younger shall be\n\nplaced in a juvenile detention facility unless all\n\nalternatives have been exhausted and the child is\n\ncurrently charged with a criminal offense that would\n\nconstitute a felony if committed by an adult and it\n\nhas been indicated by a risk-assessment screening that\n\nthe child requires detention. The detention of any\n\nchild twelve (12) years of age or younger shall be\n\njudicially reviewed pursuant to subparagraph c of this\n\nparagraph.\n\nb. Any child who is thirteen (13) or fourteen (14) years\n\nof age may be admitted to a juvenile detention\n\nfacility only after all alternatives have been\n\nexhausted and the child is currently charged with a\n\ncriminal offense that would constitute a felony if\n\ncommitted by an adult and it has been indicated by a\n\nrisk-assessment screening that the child requires\n\ndetention.\n\nc. No preadjudicatory or predisposition detention or\n\ncustody order shall remain in force and effect for\n\nmore than thirty (30) days. The court, for good and\n\nsufficient cause shown, may extend the effective\n\nperiod of such an order for an additional period not\n\nto exceed sixty (60) days. If the child is being\n\ndetained for the commission of a murder, the court\n\nmay, if it is in the best interests of justice, extend\n\nthe effective period of such an order an additional\n\nsixty (60) days.\n\nd. Whenever the court orders a child to be held in a\n\njuvenile detention facility, an order for secure\n\ndetention shall remain in force and effect for not\n\nmore than fifteen (15) days after such order. Upon an\n\napplication of the district attorney and after a\n\nhearing on such application, the court, for good and\n\nsufficient cause shown, may extend the effective\n\nperiod of such an order for an additional period not\n\nto exceed fifteen (15) days after such hearing. The\n\ntotal period of preadjudicatory or predisposition\n\nshall not exceed the ninety-day limitation as\n\nspecified in subparagraph a of this paragraph. The\n\nchild shall be present at the hearing on the\n\napplication for extension unless, as authorized and\n\napproved by the court, the attorney for the child is\n\npresent at the hearing and the child is available to\n\nparticipate in the hearing via telephone conference\n\ncommunication. For the purpose of this paragraph,\n\n\"telephone conference communication\" means use of a\n\ntelephone device that allows all parties, including\n\nthe child, to hear and be heard by the other parties\n\nat the hearing. After the hearing, the court may\n\norder continued detention in a juvenile detention\n\ncenter, may order the child detained in an alternative\n\nto secure detention or may order the release of the\n\nchild from detention.\n\n2. No child alleged or adjudicated to be deprived or in need of\n\nsupervision or who is or appears to be a minor in need of treatment\n\nas defined by the Inpatient Mental Health and Substance Abuse\n\nTreatment of Minors Act, shall be confined in any jail, adult\n\nlockup, or adult detention facility. No child shall be transported\n\nor detained in association with criminal, vicious, or dissolute\n\npersons.\n\n3. Except as otherwise authorized by this section a child who\n\nhas been taken into custody as a deprived child, a child in need of\n\nsupervision, or who appears to be a minor in need of treatment, may\n\nnot be placed in any detention facility pending court proceedings,\n\nbut must be placed in shelter care or foster care or, with regard to\n\na child who appears to be a minor in need of treatment, a behavioral\npt as otherwise authorized by this section a child who\n\nhas been taken into custody as a deprived child, a child in need of\n\nsupervision, or who appears to be a minor in need of treatment, may\n\nnot be placed in any detention facility pending court proceedings,\n\nbut must be placed in shelter care or foster care or, with regard to\n\na child who appears to be a minor in need of treatment, a behavioral\n\nhealth treatment facility in accordance with the provisions of the\n\nInpatient Mental Health and Substance Abuse Treatment of Minors Act,\n\nor released to the custody of the parents of the child or some other\n\nresponsible party. Provided, this shall not preclude runaway\n\njuveniles from other states, with or without delinquent status, to\n\nbe held in a detention facility in accordance with the Interstate\n\nCompact for Juveniles in Sections 2-9-101 through 2-9-116 of this\n\ntitle and rules promulgated by the Interstate Commission.\n\nB. No child shall be placed in secure detention unless:\n\n1. The child is an escapee from any delinquent placement;\n\n2. The child is a fugitive from another jurisdiction with a\n\nwarrant on a delinquency charge or confirmation of delinquency\n\ncharges by the home jurisdiction;\n\n3. The child is seriously assaultive or destructive towards\n\nothers or self;\n\n4. The child is currently charged with any criminal offense\n\nthat would constitute a felony if committed by an adult or a\n\nmisdemeanor and:\n\na. is on probation or parole on a prior delinquent\n\noffense,\n\nb. is on preadjudicatory community supervision, or\n\nc. is currently on release status on a prior delinquent\n\noffense;\n\n5. The child has willfully failed or there is reason to believe\n\nthat the child will willfully fail to appear for juvenile court\n\nproceedings;\n\n6. A warrant for the child has been issued on the basis that:\n\na. the child is absent from court-ordered placement\n\nwithout approval by the court,\n\nb. the child is absent from designated placement by the\n\nOffice of Juvenile Affairs without approval by the\n\nOffice of Juvenile Affairs,\n\nc. there is reason to believe the child will not remain\n\nat said placement, or\n\nd. the child is subject to an administrative transfer or\n\nparole revocation proceeding.\n\nC. A child who has violated a court order and has had the order\n\nrevoked or modified pursuant to Section 2-2-503 of this title may be\n\nplaced into an Office-of-Juvenile-Affairs-designated sanction\n\ndetention bed or an Office-of-Juvenile-Affairs-approved sanction\n\nprogram.\n\nD. Priority shall be given to the use of juvenile detention\n\nfacilities for the detention of juvenile offenders through\n\nprovisions requiring the removal from detention of a juvenile with a\n\nlower priority status if an empty detention bed is not available at\n\nthe time of referral of a juvenile with a higher priority status and\n\nif the juvenile with a higher priority status would be more of a\n\ndanger to the public than the juvenile with the lower priority\n\nstatus.\n\nE. Juvenile detention facilities shall be the initial placement\n\nfor all persons under eighteen (18) years of age. No child shall be\n\nplaced in secure detention in an adult jail, adult lockup, adult\n\ndetention facility or other adult facility except as provided in\n\nthis section.\n\n1. Any child who is at least fifteen (15) years of age who is\n\ncharged with murder in the first degree may be detained in an adult\n\njail, adult lockup, adult detention facility or other adult facility\n\nonly after a hearing in which the child is provided representation\n\nand the court makes a written finding that it is in the interest of\n\njustice that the child be placed in an adult jail, adult lockup,\n\nadult detention facility or other adult facility.\n\n2. In determining whether it is in the interest of justice that\n\na child who is at least fifteen (15) years of age and who is charged\n\nwith murder in the first degree be placed in an adult jail, adult\npresentation\n\nand the court makes a written finding that it is in the interest of\n\njustice that the child be placed in an adult jail, adult lockup,\n\nadult detention facility or other adult facility.\n\n2. In determining whether it is in the interest of justice that\n\na child who is at least fifteen (15) years of age and who is charged\n\nwith murder in the first degree be placed in an adult jail, adult\n\nlockup, adult detention facility or other adult facility, the court\n\nshall consider:\n\na. the age of the child,\n\nb. the physical and mental maturity of the child,\n\nc. the present mental state of the child, including\n\nwhether the child presents an imminent risk of harm to\n\nthe child,\n\nd. the nature and circumstances of the alleged offense,\n\ne. the child's history of prior delinquent acts,\n\nf. the relative ability of the available adult and\n\njuvenile detention facilities to not only meet the\n\nspecific needs of the child but also to protect the\n\nsafety of the public as well as other detained youth,\n\nand\n\ng. any other relevant factors.\n\n3. If a court determines that it is in the interest of justice\n\nthat the child be placed in an adult jail, adult lockup, adult\n\ndetention facility or other adult facility:\n\na. the court shall hold a hearing not less frequently\n\nthan once every thirty (30) days, or in the case of a\n\nrural jurisdiction, which is any jurisdiction not\n\nlocated in a metropolitan statistical area as defined\n\nby the United States Office of Management and Budget,\n\nnot less frequently than once every forty-five (45)\n\ndays, to review whether it is still in the interest of\n\njustice to permit the juvenile to be so held or have\n\nsuch sight and sound contact, and\n\nb. the child shall not be held in any adult jail or\n\nlockup for adults or be permitted to have sight or\n\nsound contact with adult inmates for more than one\n\nhundred eighty (180) days, unless the court, in\n\nwriting, determines there is good cause for an\n\nextension or the child expressly waives this\n\nlimitation.\n\nF. When a child is placed in an adult jail, adult lockup, adult\n\ndetention facility or other adult facility, he or she shall be\n\nafforded the following rights and protections in order to address\n\nthe child's health and safety:\n\n1. A copy of the child's most current mental health or suicide\n\nscreening instrument approved by the Office of Juvenile Affairs\n\nshall be provided to the adult jail, adult lockup or adult detention\n\nfacility at the time of the child's transfer; and\n\n2. Adult jails, adult lockups, adult detention facilities or\n\nother adult facilities shall process requests for visits and allow\n\napproved visitors contact visits with the child within five (5)\n\nbusiness days of the request.\n\nG. 1. Except as otherwise provided in this section, no child\n\nshall be placed in secure detention in an adult jail, adult lockup,\n\nadult detention facility or other adult facility unless:\n\na. the adult jail, adult lockup or adult detention\n\nfacility provides sight and sound separation for\n\njuveniles, pursuant to standards required by\n\nsubsection E of Section 2-3-103 of this title, and\n\nb. the adult jail, adult lockup or adult detention\n\nfacility meets the requirements for licensure of\n\njuvenile detention facilities, as adopted by the\n\nOffice of Juvenile Affairs, is appropriately licensed,\n\nand provides sight and sound separation for juveniles,\n\nwhich includes:\n\n(1) total separation between juveniles and adult\n\nfacility spatial areas such that there could be\n\nno haphazard or accidental contact between\n\njuvenile and adult residents in the respective\n\nfacilities,\n\n(2) total separation in all juvenile and adult\n\nprogram activities within the facilities,\n\nincluding recreation, education, counseling,\n\nhealth care, dining, sleeping and general living\n\nactivities, and\nuch that there could be\n\nno haphazard or accidental contact between\n\njuvenile and adult residents in the respective\n\nfacilities,\n\n(2) total separation in all juvenile and adult\n\nprogram activities within the facilities,\n\nincluding recreation, education, counseling,\n\nhealth care, dining, sleeping and general living\n\nactivities, and\n\n(3) separate juvenile and adult staff, specifically\n\ndirect care staff such as recreation, education\n\nand counseling.\n\nSpecialized services staff, such as cooks,\n\nbookkeepers, and medical professionals who are not\n\nnormally in contact with detainees or whose infrequent\n\ncontacts occur under conditions of separation of\n\njuveniles and adults can serve both.\n\n2. Nothing in this section shall preclude a child who is\n\ndetained for the commission of a crime that would constitute a\n\nfelony if committed by an adult, or a child who is an escapee from a\n\njuvenile secure facility or from an Office of Juvenile Affairs group\n\nhome from being held in any jail certified by the State Department\n\nof Health, police station or similar law enforcement offices for up\n\nto six (6) hours for purposes of identification, processing or\n\narranging for transfer to a secure detention or alternative to\n\nsecure detention. Such holding shall be limited to the absolute\n\nminimum time necessary to complete these actions.\n\na. The time limitations for holding a child in a jail for\n\nthe purposes of identification, processing or\n\narranging transfer established by this section shall\n\nnot include the actual travel time required for\n\ntransporting a child from a jail to a juvenile\n\ndetention facility or alternative to secure detention.\n\nb. Whenever the time limitations established by this\n\nsubsection are exceeded, this circumstance shall not\n\nconstitute a defense in a subsequent delinquency or\n\ncriminal proceeding.\n\n3. Nothing in this section shall preclude detaining in a county\n\njail or other adult detention facility an eighteen-year-old charged\n\nin a juvenile petition for whom certification to stand trial as an\n\nadult is prayed. However, if no certification motion is filed, the\n\neighteen-year-old may remain in a juvenile detention facility as\n\nlong as secure detention is required.\n\n4. Nothing in this section shall preclude detaining in a county\n\njail or other adult detention facility a person provided for in\n\nSection 2-3-102 of this title if written or electronically\n\ntransmitted confirmation is received from the state seeking return\n\nof the individual that the person is a person provided for in\n\nSection 2-3-102 of this title and if, during the time of detention,\n\nthe person is detained in a facility meeting the requirements of\n\nSection 2-3-103 of this title.\n\n5. Nothing in this section shall preclude detaining a person,\n\nwhose age is not immediately ascertainable and who is being detained\n\nfor the commission of a felony, in a jail certified by the State\n\nDepartment of Health, a police station or similar law enforcement\n\noffice for up to twenty-four (24) hours for the purpose of\n\ndetermining whether or not the person is a child, if:\n\na. there is a reasonable belief that the person is\n\neighteen (18) years of age or older,\n\nb. there is a reasonable belief that a felony has been\n\ncommitted by the person,\n\nc. a court order for such detention is obtained from a\n\njudge of the district court within six (6) hours of\n\ninitially detaining the person,\n\nd. there is no juvenile detention facility that has space\n\navailable for the person and that is within thirty\ne belief that the person is\n\neighteen (18) years of age or older,\n\nb. there is a reasonable belief that a felony has been\n\ncommitted by the person,\n\nc. a court order for such detention is obtained from a\n\njudge of the district court within six (6) hours of\n\ninitially detaining the person,\n\nd. there is no juvenile detention facility that has space\n\navailable for the person and that is within thirty\n\n(30) miles of the jail, police station, or law\n\nenforcement office in which the person is to be\n\ndetained, and\n\ne. during the time of detention the person is detained in\n\na facility meeting the requirements of subparagraph b\n\nof paragraph 1 of this subsection.\n\nThe time limitation provided for in this paragraph shall include the\n\ntime the person is detained prior to the issuance of the court\n\norder.\n\nThe time limitation provided for in this paragraph shall not include\n\nthe actual travel time required for transporting the person to the\n\njail, police station, or similar law enforcement office. If the\n\ntime limitation established by this paragraph is exceeded, this\n\ncircumstance shall not constitute a defense in any subsequent\n\ndelinquency or criminal proceeding.\n\nH. Nothing contained in this section shall in any way reduce or\n\neliminate the liability of a county as otherwise provided by law for\n\ninjury or damages resulting from the placement of a child in an\n\nadult jail, adult lockup, adult detention facility or other adult\n\nfacility.\n\nI. Any juvenile detention facility shall be available for use\n\nby any eligible Indian child as that term is defined by the Oklahoma\n\nIndian Child Welfare Act, providing that the use of the juvenile\n\ndetention facility meets the requirements of the Oklahoma Juvenile\n\nCode. The Indian tribe may contract with any juvenile detention\n\nfacility for the providing of detention services.\n\nJ. Each member of the staff of a juvenile detention facility\n\nshall satisfactorily complete a training program provided or\n\napproved by the Office of Juvenile Affairs.\n\nK. Whenever a juvenile is placed in any adult jail, adult\n\nlockup, adult detention facility or other adult facility, the Office\n\nof Juvenile Affairs shall have access to all facilities which detain\n\nsuch juveniles and shall have access to any data regarding such\n\njuveniles. The Office of Juvenile Affairs shall have access to all\n\nadult jails, adult lockups, adult detention facilities or other\n\nadult facilities in this state, including all data maintained by\n\nsuch facilities, to assure compliance with this section. The Board\n\nof Juvenile Affairs shall promulgate rules as necessary to implement\n\nthe provisions of this section.","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":"90ae1ce105e599ff8ef5db795a48d048c39b24652d801bdd88f29c6c6c53ef27","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-805","next":"us-ok/okla.-stat.-tit.-10a-10a-2-3-102"},"notice":"GroundRules: Original legal text. Not legal advice."}