in lieu of taking a youth into custody, a peace officer may issue a citation to a youth for the same offenses and under the same circumstances that a citation may be issued to an adult.

Unless the citation is issued for violation of law or ordinance for which an order has been entered pursuant to 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases), the citation is returnable to the juvenile court of the county in which the citation is issued.

Law enforcement agencies in a county, in consultation with the juvenile court of the county, may develop a form for citations issued pursuant to this section. The peace officer shall send a copy of the citation to the district attorney

(1) a peace officer, or any other person authorised by the juvenile court of the county in which the youth is found, may take a youth into custody in the following circumstances:

(a) when, if the youth were an adult, the youth could be arrested without a warrant OR

(b) when the juvenile court, by order indorsed on the summons as provided in 419C.306 (Effect of summons) or otherwise, has ordered that the youth be taken into custody.

(2) in any order issued under paragraph (1)(b) that may result in a substitute care placement or detention, the court will include a written finding describing why it is in the best interests of the youth to be taken into custody.

(3) a peace officer or person authorised by the juvenile court will take a youth into custody if the peace officer or person authorised by the juvenile court has probable cause to believe that the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of 166.250 (unlawful possession of firearms), 166.370 (possession of firearm or dangerous weapon in public building or court facility) or 166.382 (possession of destructive device prohibited)

taking a youth into custody is not an arrest. See 419C.091 (custody not arrest - juvenile)

a private person may take a youth into custody in circumstances where, if the youth were an adult, the person could arrest the youth

(1) custody under 419C.080 (custody - juvenile) and 419C.088 (custody by private person - juvenile) wukk not be deemed an arrest so far as the youth is concerned. All peace officers will keep a record of youths taken into custody and will promptly notify the juvenile court or counselor of all youths taken into custody

(2) a peace officer taking a youth into custody has all the privileges and immunities of a peace officer making an arrest

No youth under 12 years of age shall be placed in detention except pursuant to judicial review and written findings describing why it is in the best interests of the youth to be placed in detention. Such review may be ex parte, and the youth does not need to be present. However, a juvenile court judge or referee must determine that the youth is eligible for detention under 419C.145 (Preadjudication detention) or 419C.156 (Detention of runaway from another state) and that appropriate alternative methods of controlling the youth's behavior are unavailable. A youth detained under this section shall have the right to a hearing as provided in 419C.153 (Detention review or release hearing)

(1) as soon as practicable after a youth is taken into custody under 419C.080 (custody - juvenile) or 419C.088 (custody by private person - juvenile), the person taking the youth into custody wil notify the youth’s parent, guardian or other person responsible for the youth. The notice will inform the parent, guardian or other person of the action taken and the time and place of the hearing

(2) if the victim requests, the district attorney or juvenile department will notify the victim of the time and place of the hearing

(1) except as otherwise provided in paragraph (2), if a youth taken into custody is not released as provided in 419C.100 (release of youth taken into custody) & the juvenile court for the county has not established the alternative procedure authorised in paragraph (5), the person taking the youth into custody will, without unnecessary delay, do one of the following:

(a) take the youth before the court or a person appointed by the court to effect disposition under 419C.109 & 419C.136 (temporary hold to develop release plan)

(b) take the youth to a place of detention or shelter care or a public or private agency designated by the court & as soon as possible afterwards notify the court that the youth has been taken into custody

(2) if the person taking the youth into custody has probable cause to believe the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of 166.250 (unlawful possession of firearms), 166.370 (possession of firearm or dangerous weapon in public building or court facility) or 166.382 (possession of destructive device prohibited), the person must not release the youth from custody & will do one of the following without unnecessary delay:

(a) take the youth before the court for a determination of initial disposition under 419C.109 (3) OR

(b) regardless of 419C.133 (detention of youth under 12 years of age), take the youth to a place of detention &, as soon as possible afterwards, notify the court & the juvenile department that the youth has been taken into custody & detained

(3) where a youth residing in some other county is taken into custody the youth may be:

(a) released to the youth’'s parent, guardian or other responsible person in this state as provided in 419C.100 (release of youth taken into custody)

(b) delivered to a peace officer or juvenile counselor in the county in which the youth resides, if such delivery can be made without unnecessary delay. In such event, the person to whom the youth is delivered will assume custody of the youth & will proceed as provided in this chapter

(4) where a youth is released or delivered as provided in paragraph (3), the jurisdiction of the juvenile court of the county in which the youth resides will attach from the time the youth is taken into custody.

(5) the juvenile court may establish, as an alternative to the provisions of paragraph (1), that if a youth taken into custody is not released as provided in 419C.100 (release of youth taken into custody), procedures will be followed that comply with the following:

(a) the person taking the youth into custody may communicate, by telecommunications or otherwise, with the person appointed by the court to effect disposition under 419C.109

(b) after interviewing the person taking the youth into custody & obtaining such other information as is considered necessary, the person appointed by the court under 419C.109 to effect disposition may exercise the authority granted under that section and will, in such case, direct that the person taking the youth into custody release the youth or deliver the youth in accordance with such direction.

(c) the person taking the youth into custody will comply with the direction of the person appointed by the court to effect disposition.

(1)(a) A custodial interview inside a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if the custodial interview is conducted with a person under 18 years of age in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony.

(b) A custodial interview anywhere outside of a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if:

(A) The custodial interview is conducted with a person under 18 in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony AND

(B) A video camera is worn upon the officer's person.

(2) Paragraph (1) of this section does not apply to:

(a) A statement made before a grand jury

(b) A statement made on the record in open court

(c) A custodial interview conducted in another state in compliance with the laws of that state

(d) A custodial interview conducted by a federal law enforcement officer in compliance with the laws of the United States

(e) A statement that was spontaneously volunteered and did not result from a custodial interview

(f) A statement made during custody processing in response to a routine question

(g) A law enforcement agency that employs five or fewer peace officers

(h) A custodial interview conducted in connection with an investigation carried out by a youth corrections officer or a staff member of the Oregon State Hospital in the performance of the officer's or staff member's official duties of treatment, custody, control or supervision of individuals committed to or confined in a place of incarceration or detention

(i) A custodial interview for which the state demonstrates good cause for the failure to electronically record the custodial interview OR

(j) A custodial interview if the defendant's or youth's age was unknown to the officer or would not have been objectively apparent to a reasonable officer.

(3)(a) If the state offers an unrecorded statement made under the circumstances described in subsection (1) of this section in a criminal proceeding alleging the commission of a misdemeanor or a felony, or an allegation that a person being interviewed committed an act that, if committed by an adult, would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, upon the request of the defendant, the court shall instruct the jury regarding the legal requirement described in subsection (1) of this section and the superior reliability of electronic recordings when compared with testimony about what was said and done.

(b) The court may not exclude the defendant's statement or dismiss criminal charges as a result of a violation of this section.

(c) If each of the statements made by the defendant that the state offers into evidence is recorded, the court may not give a cautionary jury instruction regarding the content of the defendant's statements.

(4) If the state offers an unrecorded statement made under the circumstances described in paragraph (1) in a juvenile delinquency proceeding alleging the commission of an act that, if committed by an adult would constitute a misdemeanor or a felony, and the state is unable to demonstrate, by a preponderance of the evidence, that an exception described in subsection (2) of this section applies, the court shall consider the superior reliability of electronic recordings when compared with testimony about what was said and done when determining the evidentiary value of the statement.

(5) A law enforcement agency that creates an electronic recording of a custodial interview shall preserve the recording until the defendant's conviction or youth's adjudication for the offense is final and all direct, post-conviction relief and habeas corpus appeals are exhausted, or until the prosecution of the offense is barred by law.

(6) The state shall provide an electronic copy of a defendant's or youth's custodial interview to a defendant or youth in accordance with ORS 135.805 (Applicability) to 135.873 (Protective orders). Providing an electronic copy of the custodial interview to the defendant or youth constitutes compliance with ORS 135.815 (Disclosure to defendant) (1)(b), and the state is not required to provide the defendant or youth with a transcript of the contents of the custodial interview. Unless the court orders otherwise, the defendant's or youth's attorney may not copy, disseminate or republish the electronic copy of the custodial interview, except to provide a copy to an agent of the defendant's or youth's attorney for the limited purpose of case preparation.

(7) An electronic recording of a custodial interview, and any transcription of the recording, that is certified as containing a complete recording, or a complete transcription, of the entirety of the custodial interview, from the advisement of constitutional rights to the conclusion of the custodial interview, is admissible in any preadjudication or post-adjudication hearing for the purpose of establishing the contents of a statement made in the recording and the identity of the person who made the statement, if the statement is otherwise admissible. A certification that complies with this subsection satisfies the requirements of ORS 40.505 (Rule 901. Requirement of authentication or identification) and 132.320 (Consideration of evidence) for the recording or transcription. This subsection does not prohibit a party from calling a witness to testify regarding the custodial interview.

the person taking the youth into custody under 419C.080 (custody - juvenile) or 419C.088 (custody by private person - juvenile) will release the youth to the custody of the youth’s parent, guardian or other responsible person in this state, except in the following cases:

(1) when the court has issued a warrant of arrest against the youth

(2) when the person taking the youth into custody has probable cause to believe that release of the youth may endanger the welfare of the youth, the victim or others.

(3) when the person taking the youth into custody has probable cause to believe that the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of 166.250 (unlawful possession of firearms), 166.370 (possession of firearm or dangerous weapon in public building or court facility) or 166.382 (possession of destructive device prohibited)

(1) except where the youth is taken into custody pursuant to an order of the court, someone taking the youth into custody under 419C.080 (custody - juvenile) & 419C.088 (custody by private person - juvenile) will promptly file with the court or a counselor a brief written report stating all of the following:

(a) the youth’'s name, age & address

(b) the name & address of the person having legal or physical custody of the youth

(c) efforts to notify the person having legal or physical custody of the youth and the results of those efforts

(d) reasons for and circumstances under which the youth was taken into custody and, if known, the name & contact information of any victim

(e) if the youth is not taken to court, where the youth is placed

(f) if the youth was not released, why they weren't not released.

(g) if the youth is not taken to court, why not & the type of placement chosen

(2) the person taking the youth into custody under 419C.080 (custody - juvenile) & 419C.088 (custody by private person - juvenile) will also send a copy of the report from paragraph (1) to the district attorney

if a juvenile court finds a youth to be within the jurisdiction of the court under 419C.005 (Jurisdiction) because the youth committed an act that, if committed by an adult, would constitute an offense that is a ground for suspension or revocation of driving privileges upon conviction of the offense, the order of the court finding the youth to be within the jurisdiction of the court constitutes a ground for suspension or revocation of the youth’s driving privileges

if a parent, guardian or other person responsible for the youth cannot be found or will not take responsibility for the youth, no appropriate shelter care space is available and the youth cannot be released safely on recognizance or conditionally, a youth who is accused of an act which would be a crime if committed by an adult may be detained for a period of time not exceeding 36 hours from the time the youth first is taken into custody to allow the juvenile department counselor or other person designated by the juvenile court to develop a release plan to insure the youth’s safety and appearance in court. Such detention shall conform to the limitations of 419C.130 (youth or youth offender can't be detained where adults are detained)

(1) a youth or youth offender may not be detained at any time in a police station, jail, prison or other place where adults are detained, except as follows:

(a) a youth or youth offender may be detained in a police station for up to five (5) hours when necessary to obtain the youth or youth offender’s name, age, residence and other identifying information

(b) a youth waived under 419C.349 (Grounds for waiving youth to adult court) or 419C.364 (Waiver of future cases) to the court handling criminal actions or to municipal court may be detained in a jail or other place where adults are detained if:

(A) the youth is at least 16 AND

(B) the director of the county juvenile department and the sheriff, or other official responsible for the jail or other place, agree to detain the youth in a jail or other place where adults are detained

(c) when detention is authorised by 419C.453 (Detention), a youth offender may be detained in a jail or other place where adults are detained.

(2) a youth waived to the court handling criminal actions or to municipal court pursuant to a standing order of the juvenile court under 419C.370 (Waiver of motor vehicle, boating, game, violation and property cases), including a youth accused of nonpayment of fines, may not be detained in a jail or other place where adults are detained

(3) as used in this statute, “adult” doesn't include anyone who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under 419C.005 (Jurisdiction)