211.151. Places of detention--photographing and fingerprinting, restrictions.

MISSOURI STATUTES AND CODES

211.151. Places of detention--photographing and fingerprinting, restrictions.

Places of detention--photographing and fingerprinting, restrictions.

211.151. 1. Pending disposition of a case, the juvenile court mayorder in writing the detention of a child in one of the following places:

(1) A juvenile detention facility provided by the county;

(2) A shelter care facility, subject to the supervision of the court;

(3) A suitable place of detention maintained by an association havingfor one of its objects the care and protection of children;

(4) Such other suitable custody as the court may direct.

2. A child shall not be detained in a jail or other adult detentionfacility pending disposition of a case.

3. Law enforcement officers shall take fingerprints and photographsof a child taken into custody for offenses that would be consideredfelonies if committed by adults, without the approval of the juvenilejudge. A child taken into custody as a victim of abuse or neglect or as astatus offender pursuant to subdivision (1) or (2) of subsection 1 ofsection 211.031 or for an offense that would be considered a misdemeanor ifcommitted by an adult may be fingerprinted or photographed with the consentof the juvenile judge. Records of a child who has been fingerprinted andphotographed after being taken into custody shall be closed records asprovided under section 610.100, RSMo, if a petition has not been filedwithin thirty days of the date that the child was taken into custody; andif a petition for the child has not been filed within one year of the datethe child was taken into custody, any records relating to the childconcerning the alleged offense may be expunged under the procedures insections 610.122 to 610.126, RSMo.

4. (1) As used in this section, the term "jail or other adultdetention facility" means any locked facility administered by state, countyor local law enforcement and correctional agencies, a primary purpose ofwhich is to detain adults charged with violating a criminal law pendingtrial, including facilities of a temporary nature which do not hold personsafter they have been formally charged, or to confine adults convicted of anoffense. The term "jail or other adult detention facility" does notinclude a juvenile detention facility.

(2) As used in this section, the term "juvenile detention facility"means a place, institution, building or part thereof, set of buildings orarea, whether or not enclosing a building or set of buildings, which hasbeen designated by the juvenile court as a place of detention for juvenilesand which is operated, administered and staffed separately andindependently of a jail or other detention facility for adults and usedexclusively for the lawful custody and treatment of juveniles. Thefacility may be owned or operated by public or private agencies. Ajuvenile detention facility may be located in the same building or groundsas a jail or other adult detention facility if there is spatial separationbetween the facilities which prevents haphazard or accidental contactbetween juvenile and adult detainees; there is separation between juvenileand adult program activities; and there are separate juvenile and adultstaff other than specialized support staff who have infrequent contact withdetainees.