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IN HB1242
Bill
Status
1/10/2019
Primary Sponsor
Cherrish Pryor
Click for details
AI Summary
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Children under 12 years of age are prohibited from being held in juvenile detention facilities under the new minimum age requirement
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Exception allows detention of 10 and 11 year olds only when there is probable cause to believe the child committed an act that would constitute murder if committed by an adult, and detention serves the best interests of the child or community
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Courts ordering detention of 10 or 11 year olds must issue written findings including: factual basis for the finding, description of family services available, reasons why family services did not prevent removal, and whether removal prevention efforts were reasonable
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Amendments apply to multiple sections of Indiana Code governing juvenile detention by law enforcement, intake officers, and courts, as well as dispositional decrees for delinquent children
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Effective date: July 1, 2019
Legislative Description
Minimum age for juvenile detention. Provides that a child who is less than 12 years of age may not be held in a juvenile detention facility, unless: (1) the child is 10 years of age or 11 years of age; and (2) the court finds that: (A) there is probable cause to believe the child committed an act that would be murder if committed by an adult; and (B) it is in the best interests of the child or the community that a petition be filed alleging that the child is a delinquent child. Requires a court that orders a child 10 years of age or 11 years of age to be detained in a juvenile facility to make specified written findings and conclusions.
Last Action
Representative Campbell added as coauthor
1/28/2019