Missouri would generally hold children facing adult trials in youth custody

Missouri would generally place children approved for adult prosecution with the Division of Youth Services while their cases proceed. These rules cover children approved for adult prosecution. Separate juvenile detention rules would apply to those ordered transferred to adult court before January 1, 2028. The juvenile court could order another placement while the transfer decision and any appeal remain pending. After the decision becomes final and adult charges are filed, release would require posting bond or transfer to an adult jail. Adult jail placement would require a hearing and a judge's finding that the move serves justice. Judges would review that placement every thirty days. Adult jail stays would be limited to 180 days unless a judge grants an extension for good cause or the child waives the limit through a lawyer. Children would remain physically separated from adult inmates. After release from an adult jail, detention for breaking release or bond conditions would return the child to that jail pending another court order. The youth services custody rules would begin January 1, 2028. Transfer to an adult facility would be required upon turning eighteen or upon a guilty plea or conviction on the adult charges.

Juvenile courts would hold hearings to decide whether children accused of certain crimes should face adult prosecution. Required hearings would cover ages twelve through seventeen for first-degree murder, drug manufacture, drug distribution under the cited former law, crimes defined elsewhere as dangerous felonies, or allegations of at least two prior unrelated offenses that would be felonies for adults. A required hearing would not require adult prosecution. The judge would decide whether to transfer the case. For other felony allegations involving children ages fourteen through seventeen, the court could order a hearing on its own or at the request of the juvenile officer, child, or child's custodian. Juvenile officers would have to consult prosecutors about offenses that could lead to adult prosecution.

Judges would consider pairing a juvenile sentence with an adult sentence whose start is put on hold after a guilty plea or conviction. This option would cover children approved for adult prosecution whose cases end in a guilty plea or conviction. Placement with youth services would not be guaranteed. Successful completion of the juvenile sentence would be required to keep the adult sentence on hold. Placement with the Division of Youth Services would require its agreement and space in a suitable facility. If youth services agrees to accept the child but the judge chooses an adult sentence alone, the judge would have to explain why youth services was unsuitable. Breaking a condition or committing another offense could lead to the adult sentence after a hearing, unless the person waives the hearing. Time served under the juvenile sentence would count toward the adult sentence if imposed. For people receiving an adult sentence put on hold, the court would hold a hearing at eighteen and before youth services releases them before twenty-one.