§ 15 §3203-A — Arrested juveniles; release; detention; notification

1.
Notification of a juvenile community corrections officer.
A juvenile community corrections officer receives notification under the following circumstances.
2.
Notification of legal custodian.
A legal custodian shall receive notification under the following circumstances.
2-A.
Questioning.
When a juvenile is arrested, no law enforcement officer may question that juvenile until:
3.
Law enforcement officer's report.
An officer who notifies a juvenile community corrections officer pursuant to subsection 1, paragraph A or B shall file a brief written report with the juvenile community corrections officer, stating the juvenile's name, date of birth and address; the name and address of the juvenile's legal custodian; and the facts that led to the notification, including the offense that the juvenile is alleged to have committed. The report must contain sufficient information to establish the jurisdiction of the Juvenile Court.
4.
Release or detention ordered by juvenile community corrections officer.
The release or detention of a juvenile may be ordered by a juvenile community corrections officer as follows.
4-A.
Probable cause determination.
Except in a bona fide emergency or other extraordinary circumstance, when a juvenile arrested without a warrant for a juvenile crime or a violation of conditional release is not released from custody or does not receive a detention hearing within 48 hours after arrest, including Saturdays, Sundays and legal holidays, a Juvenile Court Judge or justice of the peace shall determine, within that time period, whether there is probable cause to believe that the juvenile has committed a juvenile crime unless it has already been determined by a Juvenile Court Judge or justice of the peace that there is probable cause to believe that the juvenile has committed a juvenile crime. Evidence presented to establish such probable cause may include affidavits and other reliable hearsay evidence as permitted by the Juvenile Court Judge or justice of the peace. If the evidence does not establish such probable cause, the Juvenile Court Judge or justice of the peace shall order the juvenile's discharge from detention.
5.
Detention hearing.
The Department of Corrections shall notify the Juvenile Court when a juvenile is detained and shall provide the court with the name and date of birth of the juvenile, the name of the arresting law enforcement agency, the time of arrest, a description of the juvenile crimes for which the juvenile was arrested and, if available, the current telephone number and e-mail address for the juvenile's parent or parents, guardian or legal custodian. Upon petition by a juvenile community corrections officer who ordered the detention or an attorney for the State who ordered the detention, the Juvenile Court shall review the decision to detain a juvenile within 48 hours following the detention, excluding Saturday, Sunday and legal holidays, except that if a juvenile is detained pursuant to subsection 7, paragraph B‑5, the Juvenile Court shall review the decision to detain the juvenile within 24 hours following the detention, excluding Saturday, Sunday and legal holidays. If the juvenile is not emancipated and the court has been provided a telephone number or e-mail address for the juvenile's parent or parents, guardian or legal custodian, the Juvenile Court shall provide notice of the detention hearing to the juvenile's parent or parents, guardian or legal custodian. The court may conduct the detention hearing in the absence of the parent or parents, guardian or legal custodian if the court is unable to provide notice to the parent or parents, guardian or legal custodian or the parent or parents, guardian or legal custodian fails to appear after receiving notice. When a petition to review detention is filed, the Juvenile Court shall assign counsel to represent the juvenile. The assignment must be reviewed at the juvenile's first appearance before the Juvenile Court. If a juvenile petition with charges based on the conduct at issue in the detention hearing is filed, the assignment continues with respect to the petition to review detention but must be reviewed at the juvenile's first appearance on the juvenile petition.
6.
Availability of judges.
The Chief Judge of the District Court shall provide that a Juvenile Court Judge is available to preside at the detention hearing, described in subsection 5, on all days except Saturdays, Sundays and legal holidays.
7.
Restriction on place of detention.
The following restrictions are placed on the facilities in which a juvenile may be detained.
7-A.
Nonsecure custody in secure detention facility.
Notwithstanding other provisions of this Part, a juvenile may be held for up to 12 hours in nonsecure custody in a building housing a jail or other secure detention facility intended or primarily used for the detention of adults if the following criteria are met:
7-B.
Separate nonsecure custody; detention.
When a juvenile who is being held in nonsecure custody or is being detained pursuant to this section is transported to or from court or to or from a juvenile facility or is being held in a court holding area awaiting court proceedings, the juvenile must be separated by sight and sound from any adult detainee.
8.
Detention.
In the event that the court orders detention, after detention hearing in accordance with subsection 5, paragraph B, a petition shall be filed within 10 days from the date of detention, unless the time is extended by the court by further order for good cause shown. In the event a petition is not so filed, then detention shall be terminated and the juvenile discharged from detention.
9.
Violation of conditions of release.
Upon notification that a juvenile has intentionally or knowingly violated a condition of release, whether imposed by a court or a juvenile community corrections officer, a juvenile community corrections officer or a law enforcement officer may apply to the Juvenile Court for a warrant of arrest.
10.
Juvenile Court to review for abuse of discretion.
Upon the request of a juvenile or legal custodian, the Juvenile Court shall, at the juvenile's first appearance or within 7 days, review for abuse of discretion, any condition of release imposed pursuant to subsection 4, paragraph B, subparagraph (2), (3), (4) or (5).
11.
Review of order.
Upon petition by a juvenile community corrections officer, an attorney for the State or a juvenile and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the Juvenile Court may review an order for detention, conditional release or unconditional release and may enter a new order in accordance with this section.

Legislative History

PL 1985, c. 439, §9 (NEW). PL 1985, c. 737, §A37 (AMD). PL 1987, c. 367 (AMD). PL 1987, c. 398, §§3-8 (AMD). PL 1987, c. 698, §§2,3 (AMD). PL 1989, c. 231, §1 (AMD). PL 1989, c. 318 (AMD). PL 1989, c. 741, §§3-9 (AMD). PL 1989, c. 744, §§3,4 (AMD). PL 1989, c. 925, §§4-8 (AMD). PL 1991, c. 39 (AMD). PL 1991, c. 493, §§4-16 (AMD). PL 1991, c. 824, §A24 (AMD). PL 1993, c. 162, §1 (AMD). PL 1993, c. 238, §1 (AMD). PL 1993, c. 354, §§1-5 (AMD). PL 1993, c. 675, §B13 (AMD). PL 1995, c. 155, §§1-3 (AMD). PL 1995, c. 647, §§1,2 (AMD). PL 1997, c. 24, §§RR1-3 (AMD). PL 1997, c. 393, §B6 (AMD). PL 1997, c. 393, §B7 (AFF). PL 1997, c. 645, §6 (AMD). PL 1997, c. 645, §§6-8 (AMD). PL 1997, c. 645, §7 (AMD). PL 1997, c. 645, §8 (AMD). PL 1997, c. 752, §§7-13 (AMD). PL 1999, c. 127, §A32 (AMD). PL 1999, c. 260, §§A1-5 (AMD). PL 1999, c. 531, §J1 (AMD). PL 1999, c. 624, §§A1-5,B3-6 (AMD). PL 2001, c. 471, §A21 (AMD). PL 2001, c. 696, §1 (AMD). PL 2003, c. 180, §§3-6 (AMD). PL 2003, c. 706, §§A2,3 (AMD). PL 2005, c. 328, §§9-11 (AMD). PL 2005, c. 488, §1 (AMD). PL 2005, c. 507, §5 (AMD). PL 2007, c. 96, §2 (AMD). PL 2009, c. 93, §§5-7 (AMD). PL 2013, c. 28, §§3-6 (AMD). PL 2021, c. 326, §§2, 3 (AMD). PL 2021, c. 398, Pt. KKKK, §1 (AMD). PL 2023, c. 136, §2 (AMD).