§ 20-516 — APPREHENSION AND RELEASE OF JUVENILES — DETENTION

(1) A peace officer may take a juvenile into custody, or a private citizen may detain a juvenile until the juvenile can be delivered forthwith into the custody of a peace officer, without order of the court:
(a) When he has reasonable cause to believe that the juvenile has committed an act that would be a misdemeanor or felony if committed by an adult; or
(b) When in the presence of a peace officer or private citizen the juvenile has violated any local, state or federal law or municipal ordinance; or
(c) When there are reasonable grounds to believe the juvenile has committed a status offense. Status offenses are truancy, running away from or being beyond the control of parents, guardian, or legal custodian, alcohol age violations under section 18-1502 (e), Idaho Code, and curfew violations. Status offenders shall not be placed in any jail facility, including juvenile detention centers, but instead may be placed in juvenile shelter care facilities, except in the case of runaways, when there is a specific detention request from a foreign jurisdiction to hold the juvenile pending transportation arrangements, and a peace officer may, in his discretion, notify the parent, guardian or legal custodian. In the event of an alcohol age infraction under section 18-1502 (e), Idaho Code, the status offense under this section shall be in addition to the infraction.
(2) A peace officer may take a juvenile into custody upon a written order or warrant signed by a judge. The judge may issue the order or warrant after finding that there is reasonable cause to believe that the juvenile comes within the purview of this chapter. Such taking into custody shall not be deemed an arrest. Jurisdiction of the court shall attach from the time the juvenile is taken into custody. When an officer takes a juvenile into custody, he shall notify the parent, guardian or custodian of the juvenile as soon as possible. Unless otherwise ordered by the court, or unless it appears to the officer taking the juvenile into custody that it is contrary to the welfare of society or the juvenile, such juvenile shall be released to the custody of his parent or other responsible adult upon written promise, signed by such person, to bring the juvenile to the court at a stated time. Such written promise shall be submitted to the court as soon as possible. If such person fails to produce the juvenile as agreed, or upon notice from the court, a summons for such person may be issued by the court and a warrant may be issued for apprehension of the juvenile.
(3) A juvenile taken into custody may be fingerprinted and photographed. Any fingerprints and photographs taken shall be forwarded as provided in subsection (8) of this section. If the court finds good cause, it may order any fingerprints and photographs expunged.
(4) When a juvenile is not released, he shall be taken forthwith to the court or place of detention specified by the court. The juvenile shall, not later than twenty-four (24) hours, excluding Saturdays, Sundays and holidays, be brought before the court for a detention hearing to determine where the juvenile will be placed until the next hearing. Status offenders shall not be placed in any jail facility, including juvenile detention centers, but instead may be placed in juvenile shelter care facilities.
Placements may include but are not limited to the following:
(a) Parents of the juvenile;
(b) Relatives of the juvenile;
(c) Foster care;
(d) Group care;
(e) A juvenile detention center, except in the case of a status offender; or
(f) Diversion programs.
(5) The person in charge of a detention center shall give immediate notice to the court that the juvenile is in his custody.
(6) No juvenile shall be held in detention longer than twenty-four (24) hours, excluding Saturdays, Sundays and holidays, unless a petition has been filed and the court has signed the detention order.
(7) As soon as a juvenile is detained by court order, his parents, guardian or legal custodian shall be informed by notice in writing on forms prescribed by the court that they may have a prompt hearing regarding release or detention.
(8) A juvenile taken into detention for an offense shall be fingerprinted and photographed. Fingerprints and photographs taken of juveniles shall be forwarded to the appropriate law enforcement agency and filed with the bureau of criminal identification of the Idaho state police, which shall create a juvenile offender fingerprint file and enter the fingerprint data into the automated fingerprint identification system. If the court finds good cause, it may order the fingerprints and photographs of the juvenile offender expunged.
(9) Peace officers’ records of juveniles shall be kept separate from records of adults and shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

Legislative History

[(20-516) 16-1811, 1963, ch. 319, sec. 11, p. 876; am. 1977, ch. 156, sec. 2, p. 400; am. 1982, ch. 126, sec. 1, p. 362; am. 1984, ch. 81, sec. 8, p. 152; am. 1990, ch. 213, sec. 11, p. 497; am. and redesig. 1995, ch. 44, sec. 17, p. 83; am. 1995, ch. 49, sec. 1, p. 115; am. 1995, ch. 277, sec. 5, p. 932; am. 1996, ch. 259, sec. 1, p. 854; am. 1996, ch. 379, sec. 2, p. 1285; am. 2000, ch. 469, sec. 54, p. 1505; am. 2012, ch. 19, sec. 13, p. 51; am. 2015, ch. 141, sec. 25, p. 405; am. 2016, ch. 344, sec. 3, p. 988; am. 2021, ch. 19, sec. 1, p. 46.]