8-303. Taking into temporary custody; interference; release; separate custody; violation; classification

593 words·~3 min read·/az/title-8/8-303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Except as provided in section 8-305, a juvenile taken into temporary custody shall not be detained in a police station, jail or lockup where adults charged with or convicted of a crime are detained.

B. A child shall be taken into temporary custody:

1. Pursuant to an order of the juvenile court.

2. Pursuant to a warrant issued according to the laws of arrest.

C. A juvenile may be taken into temporary custody:

1. By a peace officer pursuant to the laws of arrest, without a warrant, if there are reasonable grounds to believe that the juvenile has committed a delinquent act or the child is incorrigible.

2. By a peace officer if there are reasonable grounds to believe that the child has run away from the child's parents, guardian or other custodian.

3. By a private person as provided by section 13-3884.

D. A peace officer shall take a juvenile into temporary custody pursuant to the laws of arrest, with or without a warrant, when there are reasonable grounds to believe that either:

1. The juvenile has committed a criminal act or a delinquent act which if committed by an adult could be a felony or breach of the peace.

2. The juvenile has been apprehended in commission of a criminal act or a delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.

E. A peace officer who takes a juvenile into temporary custody pursuant to subsection D of this section shall advise the juvenile before questioning of the juvenile's juvenile Miranda rights in language that is comprehensible to a juvenile and, as soon as is practicable, shall make a good faith effort to notify the juvenile's parents, guardian or custodian of the juvenile's custody, unless doing so would pose a risk to the juvenile. After making the custody notification, the peace officer shall also advise the juvenile's parents, guardian or custodian of the juvenile's juvenile Miranda rights.

If the juvenile is a ward of this state, the peace officer shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody.

F. If a peace officer takes a juvenile into temporary custody pursuant to subsection D of this section on school property, an employee of the school, after consultation with the investigating law enforcement agency to ensure that notification would not pose a risk to the juvenile or the investigation, shall immediately notify the juvenile's parents, guardian or custodian of the juvenile's custody. If the juvenile is a ward of this state, a school employee shall notify the department of child safety, which shall notify the applicable public defender, any guardian ad litem or a court appointed special advocate of the juvenile's custody.

For the purposes of this subsection, "school" has the same meaning prescribed in section 15-101.

G. A juvenile who is taken into temporary custody pursuant to subsection D of this section may be released from temporary custody only to the parents, guardian or custodian of the juvenile or to the juvenile court.

H. A person who knowingly interferes with the taking of a juvenile into temporary custody under this section is guilty of a class 2 misdemeanor.

I. In determining whether a child should be taken into custody under subsection C of this section, the peace officer or child safety worker may consider as a mitigating factor the participation of the parent, guardian or custodian in the healthy families program established by section 8-481.