New Hampshire § 169-B:11 Release Prior to Arraignment

New Hampshire Statutes

§ 169-B:11 — Release Prior to Arraignment

New Hampshire § 169-B:11

Title XIIPUBLIC SAFETY AND WELFARE

Ch. 169-BDELINQUENT CHILDREN

This text of New Hampshire § 169-B:11 (Release Prior to Arraignment) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 169-B:11 (2026).

Text

An officer taking a minor into custody pursuant to RSA 169-B:9 may release the minor to a parent, guardian or custodian pending arraignment; however, if the minor is not released within 4 hours of being taken into custody, the court shall be notified, and thereupon, placement, until arraignment, shall be determined by the court.

I.A minor taken into custody pursuant to RSA 169-B:9 shall be released to a parent, guardian, or custodian pending arraignment; or

II.If such a person is not available, the court may release the minor under the supervision of a relative or friend; or may release the minor to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a crisis home, a shelter care facility, a grou

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An officer taking a minor into custody pursuant to RSA 169-B:9 may release the minor to a parent, guardian or custodian pending arraignment; however, if the minor is not released within 4 hours of being taken into custody, the court shall be notified, and thereupon, placement, until arraignment, shall be determined by the court.
I. A minor taken into custody pursuant to RSA 169-B:9 shall be released to a parent, guardian, or custodian pending arraignment; or
II. If such a person is not available, the court may release the minor under the supervision of a relative or friend; or may release the minor to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a crisis home, a shelter care facility, a group home, a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee, or an alcohol crisis center certified to accept juveniles; or
III. If the court determines that continued detention is required, based upon the criteria specified under RSA 169-B:14, I(e)(2), it may order continued detention at an alternative to secure detention, or any facility certified for the detention of minors by the commissioner of the department of health and human services. A minor shall not be held in any facility where adults charged, convicted or committed for criminal offenses are simultaneously detained except that a juvenile alleged or found to be delinquent may be held for up to 6 hours in a metropolitan area or up to 24 hours in a non-metropolitan area for processing and while awaiting release or transfer to a juvenile facility, provided that the detention is in a room or cell separate and removed from all contact, both sight and sound, with all adult inmates.

Legislative History

1979, 361:2. 1982, 39:12. 1985, 379:1. 1988, 197:3. 1989, 285:3. 1992, 18:1. 1994, 212:2. 1995, 310:171. 2001, 117:4. 2007, 325:8, eff. July 16, 2007. 2020, 26:14, eff. July 1, 2020. 2024, 88:2, eff. June 14, 2024.