§ 102-2. Appropriate adult facility for youth charged as adults.

(a)

Unit A and Unit C of the "East Pod" (also known as the "Pelicans" pod) of the Youth Study Center, located at 1100 Milton Street in New Orleans, shall be deemed by operation of law as the "appropriate adult facility" for the pre-trial detention of all youth who are charged as adults in local courts under Article 305(A) or 305(B) of the Louisiana Children's Code. This population of youth is known as the "adult waiver population".

(b)

If at any time the Superintendent of the Youth Study Center fails to comply with the mandatory duty to make the units specified in subsection (a) available for the pre-trial detention of the adult waiver population, then the eight (8) bunk "pod" on the north side of "Building B" and the sole four bunk "pod" in "Building B" of the Youth Study Center shall be deemed by operation of law as the "appropriate adult facility" for the pre-trial detention of the adult waiver population.

(c)

Subsections (a) and (b) hereinabove shall mean that the Orleans Justice Center, or any other detention facility operated by the Orleans Parish Sheriff, shall only be considered the "appropriate adult facility" under Article 305(A) and 305(B) of the Louisiana Children's Code if the "appropriate adult facility" identified in subsections (a) and (b) is already at capacity. If the "appropriate adult facility" identified in subsections (a) and (b) hereinabove is not at capacity, then the Orleans Justice Center, or any other detention facility operated by the Orleans Parish Sheriff, shall not be considered the "appropriate adult facility" under Article 305(A) or 305(B) of the Louisiana Children's Code.

(d)

Any youth charged under 305(A) or 305(B) of the Louisiana Children's Code who is temporarily transferred to the Orleans Justice Center as a result of the "appropriate adult facility" identified in subsections (a) and (b) being at capacity must be transferred back to the "appropriate adult facility" identified in subsections (a) and (b) as soon as a bed becomes available therein.

(e)

The term "appropriate adult facility" as used in this Section is the "appropriate adult facility" contemplated by Article 305(A) and 305(B) of the Louisiana Children's Code.

(f)

The provisions of this section shall not be construed to revoke or infringe on the authority or discretion afforded to the Orleans Parish Criminal District Court, Orleans Parish Juvenile Court, and the Orleans Parish District Attorney under the Louisiana Children's Code.

(g)

Nothing in this section shall be construed to preclude additional beds at the Youth Study Center from being considered the "appropriate adult facility" for the pre-trial detention of the adult waiver population.

(M.C.S., Ord. No. 27766, § 1, 5-3-18)