ORS  Guide
Procedure when youth is not released
ORS > Procedural Statutes > Juvenile Deliquency > 419C.103
(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 youthÂ’'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.
© 2020 - 2021 Ross Dargahi - Disclaimer - About