A. A municipality may enter into an interlocal cooperation agreement with the District Court pursuant to the Interlocal Cooperation Act, sections 1001 through 1008 of title 74 of the Oklahoma Statutes, to assume jurisdiction of cases involving children under eighteen (18) years of age charged with violating municipal ordinances relating to possession of firearms, vandalism, shoplifting, low-point beer, as defined in section 163.2 of title 37 of the Oklahoma Statutes, possession of alcoholic beverages as defined in section 506 of title 37 of the Oklahoma Statutes, disorderly conduct, public intoxication and failure to appear for a court appearance or comply with a court order and any other municipal ordinances as agreed by the District Court, the District Attorney, and the Municipality. For the purposes of this subsection, "District Court" shall mean the District Court judicial district or districts in which the contracting municipality is situated. The Chief Juvenile Judge of the District Court judicial district is hereby authorized to enter into the interlocal cooperation agreement as provided for in this Section for and on behalf of said judicial district if the Judge determines that the agreement is constitutional and complies with State and Federal laws. Provided, if there is no Chief Juvenile Judge in the judicial district, then the presiding judge of the judicial administrative district that includes the contracting judicial district may enter into the agreement for and on behalf of said judicial district if the judge determines that the agreement is constitutional and complies with State and Federal laws.
B. A child under eighteen (18) years of age who is taken into custody for the alleged violation of a municipal ordinance relating to truancy may be held pursuant to section 10-109 of title 70 of the Oklahoma Statutes.
C. A child under eighteen (18) years of age who is taken into custody for the alleged violation of municipal ordinance relating to curfews may be held temporarily under the custodial care of a peace officer or other person employed by the Police Department only until the child's parent, legal guardian, legal custodian, attorney or other responsible adult assumes custody or, if such a person cannot be located within a reasonable time of the taking of the child into custody or if such a person refuses to assume custody, until temporary shelter is found for the child. In no event shall the child be placed in a jail, lockup, or detention facility. The temporary custody provided for by this subsection shall be utilized as a means of returning the child to the child's home or other place of shelter.
D. Notwithstanding any other provision of this Code, a child less than eighteen (18) years of age, who is taken into custody for the alleged violation of a municipal ordinance relating to one or more of the offenses listed in subsection A of this Section other than truancy or curfew violation, and who can be prosecuted in Municipal Court for such offense pursuant to jurisdiction assumed by the Municipal Court to the provisions of subsection A of this Section, may be temporarily detained by the municipality in a "municipal juvenile facility", as defined by this subsection, but only pursuant to the following conditions:
1. The municipality shall immediately take all reasonable steps to attempt to locate the child's parent, legal guardian, legal custodian, attorney or another responsible adult and determine if said parent, legal guardian, legal custodian, attorney or other responsible adult is willing to appear at the municipal juvenile facility and assume personal custody of the child upon the child's release from such facility;
2. The child shall be released to the personal custody of the child's parent, legal guardian, legal custodian, attorney or other responsible adult as soon as practical and upon the written promise of such person to return the child to Municipal Court to answer to the municipal charges on the date and at the time set by the Municipal Court and to assume damages while committing any acts in violation of municipal ordinances listed in this Section after being released. Municipalities may enact ordinances providing penalties for failure to comply with the written promise and for refusal to assume custody of a child in a timely manner.
3. The child shall be detained in the municipal juvenile facility for no longer than twenty four (24) hours; provided, if the child's parent, legal guardian, legal custodian, attorney or other responsible adult fails to appear at the municipal juvenile facility and assume personal custody of the child within said twenty four (24) hour period, then custody or release of the child shall be determined pursuant to the provisions of section 7303-1.1 of title 10, Oklahoma Statutes.
4. The child shall be provided with adequate fresh drinking water.
5. The child shall be provided with adequate food not less than three (3) times in a twenty four (24) hour period.
6. The child shall be provided with adequate bathroom facilities and bedding, and
7. The child shall be provided with any necessary medical care and treatment.
Prior to the temporary detention of any child pursuant to the authority of this subsection, the municipal juvenile facility shall be certified by the Office of Juvenile Affairs pursuant to the applicable certification standards set by the Board of Juvenile Affairs, and each member of the staff of the municipal juvenile facility shall have satisfactorily completed a training program provided or approved by the Department of Juvenile Justice. In furtherance of this subsection, the Office of Juvenile Affairs is directed to and shall establish standards for the certification of municipal juvenile facilities, with said standards to include, but not be limited to, the conditions set forth in subsections D1 through D7 of this Section, and the Department of Juvenile Justice is directed to and shall provide or approve an appropriate training program for staff members of such facilities. In lieu of operating a municipal juvenile facility with trained municipal employees, the municipality may contract with an independent public or private facility properly certified by the Office of Juvenile Affairs for performance of the detention services authorized by the provisions of this subsection. For the purposes of this Section, a "municipal juvenile facility" shall mean a secure facility which is entirely separate from any jail, adult lockup, or other adult facility, or other adult facility which is certified by the Office of Juvenile Affairs for use for the temporary detention of juveniles as authorized by the provisions of this subsection. The provisions of this subsection shall not restrict or limit the use of municipal juvenile facilities for detention of juveniles who are detained pursuant to other provisions of law. In no event shall a juvenile be held in an adult facility that does not meet the definition of a "municipal juvenile facility".
E. Pursuant to an interlocal cooperation agreement between a municipality and the District Court, as authorized by the provisions of subsection A of this Section, a child less than eighteen (18) years of age may be charged, prosecuted and, if convicted, fined for violating a municipal ordinance relating to one or more of the offenses listed in subsection A of this Section; provided that the maximum fine which may be imposed shall not exceed ninety (90) hours, in lieu of a fine if the product of multiplying the number of hours of community service work by the prevailing minimum wage does not result in a number which exceeds the maximum fine authorized by law, or restitution, or both community service work and restitution. In addition, during any calendar year that any child:
1. Fails to appear for a court date on more than one occasion,
2. Is convicted of two (2) or more of the offenses listed in subsection A of this Section, which offenses occurred on different days, or
3. Fails to pay any fine or cost properly assessed by a Municipal Court.
and after the expiration of ninety (90) days, the Court clerk shall mail notice of such occurrence to the Department of Public Safety, which Department shall thereafter suspend or deny driving privileges for such child for six (6) months. The suspension may be modified as provided in section 6-107.2 of title 47 of the Oklahoma Statutes. In addition, the Court may require the child to receive counseling or other community-based services, as necessary.
If a child is prosecuted for an offense in a Municipal Court, the child shall not be prosecuted for the offense in the District Court. The Municipal Court may also impose costs as authorized by law.
F. Any fines and costs properly assessed against any child and which remain unpaid after three (3) months may be assessed by the Municipal Judge against the child's parent, parents, legal guardian or legal custodian and collected and paid as provided in section 27-122 of title 11 of the Oklahoma Statutes. Provided, however, prior to such latter assessment, the Court clerk shall give such child's parent, parents, legal guardian, or legal custodian notice by certified mail to their place of residence or personal service of such action proposed to be taken.
G. All municipal arrest records, prosecution records, court records, and court proceedings for cases involving children less than eighteen (18) years of age charged with violating municipal ordinances relating to one or more of the offenses listed in subsection A of this Section shall be kept confidential and shall not be open to public inspection except by order of the Municipal Court or as otherwise provided by section 620.6 of title 10, Oklahoma Statutes. (Ord. 406, 12-17-1996)