Louisiana Children’s Code 886 – Continued custody pending disposition; bail; places of detention
Terms Used In Louisiana Children's Code 886
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Delinquent act: means an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations. See Louisiana Children's Code 804
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony-grade delinquent act: means an offense that if committed by an adult, may be punished by death or by imprisonment at hard labor. See Louisiana Children's Code 804
A. At the conclusion of the hearing if the child has been adjudicated delinquent, the court shall consider whether the child should be released or held in custody pending a disposition hearing.
B. If the adjudication was based upon a misdemeanor-grade delinquent act, the child shall have a right to bail in accordance with the procedures established in Chapter 6 of this Title.
C. If the adjudication was based upon a felony-grade delinquent act, there is a presumption in favor of the child’s right to bail unless the court has reason to believe, based upon competent evidence, that the release of the child will pose a danger to any other person or the community. If the child is to be released, the court shall set bail according to the procedures established in Chapter 6 of this Title.
D. If the child is held in custody, the court may place him in a juvenile detention center, in a public or private facility for juveniles, in a private home subject to the supervision of the court, or in any other suitable facility for juveniles authorized by the court.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.