(a)An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody, and control of the parent, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child, unless the juvenile court or juvenile court intake officer, subject to the limitations in Section 12-15-208, finds any of the following:
(1)The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(2)The release of the child would present a clear and substantial threat of a serious nature to the person or property of others and where the child is alleged
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(a) An allegedly delinquent child, dependent child, or child in need of supervision lawfully taken into custody shall immediately be released, upon the ascertainment of the necessary facts, to the care, custody, and control of the parent, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child, unless the juvenile court or juvenile court intake officer, subject to the limitations in Section 12-15-208, finds any of the following:
(1) The child has no parent, legal guardian, legal custodian, or other suitable person able to provide supervision and care for the child.
(2) The release of the child would present a clear and substantial threat of a serious nature to the person or property of others and where the child is alleged to be delinquent.
(3) The release of the child would present a serious threat of substantial harm to the child.
(4) The child has a history of failing to appear for hearings before the juvenile court.
(5) The child is alleged to be delinquent for possessing a pistol, short-barreled rifle, or short-barreled shotgun, in which case the child may be detained in a juvenile detention facility until the hearing required by Section 12-15-207. “Pistol” as used in this section shall be as defined in Section 13A-11-70. “Short-barreled rifle” and “short-barreled shotgun” as used in this section shall be as defined in Section 13A-11-62.
(b) The criteria for continuing the allegedly delinquent child or child in need of supervision in detention or shelter or other care, or for continuing the allegedly dependent child in shelter or other care, as provided in subsection (a) shall govern the decisions of all persons involved in determining whether the continued detention or shelter care is warranted pending juvenile court disposition and those criteria shall be supported by clear and convincing evidence in support of the decision not to release the child.
(c)(1) In releasing a child, a juvenile court or the juvenile court intake officer may impose restrictions on the travel, association, or place of abode of the child or place the child under the supervision of a department, agency, or organization agreeing to supervise him or her, and may place the child under supervision such as electronic or telephone monitoring, if available. A child, once placed in detention, may also be released pursuant to the same conditions should there be a need to release the child from a juvenile detention facility because of an overcrowded population.
(2) The Board of Pardons and Paroles or any other state agency may electronically monitor an alleged delinquent child released pursuant to this section when the alleged delinquent act would be classified as any of the following if committed by an adult:
a. A Class A felony.
b. A Class B felony.
c. A Class C felony in which a dangerous instrument or deadly weapon, as defined in Section 13A-1-2, was used or attempted to be used in the commission of the felony.
(3) The Board of Pardons and Paroles or any other state agency shall use electronic monitoring for any alleged delinquent child released pursuant to this section who has been adjudicated or convicted of any three or more prior offenses that would be classified as felonies if committed by an adult.