Missouri Senate

Perfected

DETENTION OF JUVENILES IN ADULT JAILS - 211.033, 211.01, 211.151, 221.044, & 221.240

Under current law, any child under the age of 17 who has been certified as an adult may be detained in an adult jail prior to trial. As of January 1, 2018, this act prohibits the detention of any child certified as an adult in an adult jail until the child has been sentenced or turns 17 years of age, or unless the child was placed by the court in one of the Department of Corrections' 120-day programs, or upon the request and a showing of good cause by the director of an alternative detention facility to the court. Any child certified as an adult on or after January 1, 2018, must be detained in an alternative detention facility, as defined in the act.

This act requires the Division of Youth Services in collaboration with the Office of State Courts Administrator to establish the Certified Youth Jail Removal Workgroup to develop by January 1, 2018, a plan for the removal of certified children from adult jail pending trial and sentencing. By January 1, 2017, the workgroup shall make recommendations to the General Assembly regarding the establishment of alternative detention facilities for children who have been certified as adults. The workgroup shall automatically terminate on September 1, 2018.

This provision is similar to SB 320 (2015).

JUVENILE SHACKLING - 211.436

This act provides that, when a juvenile court has a rule or otherwise requires the use of restraints during proceedings, the juvenile's attorney must have the right to be heard on a request that the restraints not be used. If the court orders the use of restraints, the court must make findings of fact in support of the use of restraints.

This provision is identical to SB 918 (2016).

SHACKLING OF PREGNANT WOMEN - 217.151

This act prohibits the use of restraints on offenders during the second and third trimesters of pregnancy and for 48 hours after delivery unless a doctor treating the pregnant or post-partum offender has determined that extraordinary circumstances exist. This act defines "extraordinary circumstances."

Under this act, pregnant and postpartum offenders must be transported in cars with seatbelts. If restraints are used, they must be the least restrictive available. Leg or waist restraints may not be used on pregnant or postpartum offenders and restraints must not be used if a health care provider treating the offender requests that restraints not be used.

Whenever a doctor determines extraordinary circumstances exist and restraints are used, the doctor must fully document certain information in writing within 7 days of the incident. This act requires the Sentencing and Corrections Oversight Commission and the advisory committee on women's programs to conduct biannual reviews of the written reports. The Department of Corrections must keep the reports on file for five years.

This act requires the head of each prison to provide training to prison employees on the requirements of this act and inform female offenders of the prison's policies and practices regarding the use of restraints on pregnant and postpartum inmates.

This provision is identical to a provision of SB 977 (2016).

Certain sections of this act have a delayed effective date of January 1, 2018.

MEGHAN LUECKE