(a)No minor convicted of a status offense shall be
sentenced to a term of imprisonment.
(b)A minor convicted of a misdemeanor or of violating a
municipal ordinance, other than a status offense, for which a
term of imprisonment is authorized, shall only be imprisoned in
a juvenile detention facility.
(c)Except for an alleged delinquent minor who is released
to the custody of the minor's parent, guardian or custodian,
with verbal counsel, warning or a written promise to appear in
court, the person taking the minor into custody shall ensure
that a juvenile detention risk assessment shall be promptly
performed, using a uniform assessment instrument designed by the
county sheriffs. If the risk assessment finds that the minor is
a serious risk to himself or to the safety of others, the minor
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(a) No minor convicted of a status offense shall be
sentenced to a term of imprisonment.
(b) A minor convicted of a misdemeanor or of violating a
municipal ordinance, other than a status offense, for which a
term of imprisonment is authorized, shall only be imprisoned in
a juvenile detention facility.
(c) Except for an alleged delinquent minor who is released
to the custody of the minor's parent, guardian or custodian,
with verbal counsel, warning or a written promise to appear in
court, the person taking the minor into custody shall ensure
that a juvenile detention risk assessment shall be promptly
performed, using a uniform assessment instrument designed by the
county sheriffs. If the risk assessment finds that the minor is
a serious risk to himself or to the safety of others, the minor
may be:
(i) Placed in a hardware secure juvenile detention
facility;
(ii) Transferred to a medical facility if the minor
is believed to be suffering from a serious physical or mental
illness that requires prompt diagnosis or treatment;
(iii) If the minor is not held pursuant to paragraph
(i) of this subsection, placed in shelter care or a staff secure
juvenile detention facility, or released to a parent, guardian
or other custodian who can provide supervision and care for the
minor pending the minor's appearance in court. If no space is
available in shelter care or a staff secure juvenile detention
facility, the minor may be held in a hardware secure juvenile
detention facility.
(d) A minor under the age of eleven (11) years shall not
be held in a hardware secure juvenile detention facility. If
the minor under the age of eleven (11) years poses a substantial
risk of harm to himself or others, a peace officer may detain
and transport the minor for an emergency mental health
evaluation.
(e) If a minor is taken into custody and is not released
to the minor's parent, guardian or custodian, the person taking
the minor into custody shall give notice thereof to the minor's
parent, guardian or custodian as soon as possible, and in no
case later than twenty-four (24) hours after taking the minor
into custody.