A. Each judicial district or parish may develop a program or programs to serve as alternatives to secure detention of a child. Such program shall be used only for a child taken into custody for the commission of a delinquent act who is not released pursuant to Article 814.B. An alternative to detention program may be operated either by a nonprofit or government entity.C. There shall be no fees associated with participation in an alternative to detention program. Funding may be provided by any source, including through a contract with the office of juvenile justice. Any program funded by the office of juvenile justice shall comply with any requirements established by the office of juvenile justice for the purpose of receiving and retaining such funding.D. An alternative to detention program shall be considered a form of detention and the time periods set forth in Children’s Code Articles 854 and 877 shall apply unless waived by the child. No child shall remain enrolled in an alternative to detention program following a disposition hearing, except as an alternative to placement in detention or other out-of-home placement.E. An alternative to detention program is intended to serve the same limited purpose as secure detention as set forth in R.S. 15:1110. The child’s participation in an alternative to detention program shall not be considered an adjudication nor shall it suspend delinquency proceedings. An alternative to detention program may include rehabilitative components, but continued participation in the program shall not be required post-adjudication, except as an alternative to detention of the child or other out-of-home placement. Placement of a child in an alternative to detention program does not preclude the child from being referred to treatment programs that are not required as a condition of the child’s release from detention.
La. Ch.C. ยง 815.1
Amended by Acts 2019, No. 147,s. 1, eff. 8/1/2019.
