US Laws, Codes, Statutes & Cases

      38-16,111.   Juveniles in custody of DOC; placement; notification to court; detainment; admission to a juvenile correctional facility. (a)   When a juvenile who is under 16 years of age at the time of the sentencing, has been prosecuted and convicted as an adult or under the extended jurisdiction juvenile prosecution, and has been placed in the custody of the secretary of the department of corrections, the secretary shall notify the sheriff having such juvenile in custody to convey such offender at a time designated by the juvenile justice authority to a juvenile correctional facility. The commissioner shall notify the court in writing of the initial placement of the juvenile in the specific juvenile correctional facility as soon as the placement has been accomplished. The commissioner shall not permit the juvenile to remain detained in any jail for more than 72 hours, excluding Saturdays, Sundays and legal holidays, after the commissioner has received the written order of the court placing the juvenile in the custody of the commissioner. If such placement cannot be accomplished, the juvenile may remain in jail for an additional period of time, not exceeding 10 days, which is specified by the commissioner and approved by the court.

      (b)   A juvenile who has been prosecuted and convicted as an adult, shall not be eligible for admission to a juvenile correctional facility. All other conditions of such juvenile offender's sentence imposed under this code, including restitution orders, may remain intact. The provisions of this subsection shall not apply to a juvenile who: (1) Is under 16 years of age at the time of the sentencing; (2) has been prosecuted as an adult or under extended juvenile jurisdiction; and (3) has been placed in the custody of the secretary of corrections, requiring admission to a juvenile correctional facility pursuant to subsection (a).

      History:   L. 1990, ch. 149, § 10; L. 1996, ch. 229, § 97; L. 1997, ch. 156, § 77; L. 1997, ch. 156, § 78; L. 1998, ch. 187, § 11; July 1.