§ 9-27-313 - Taking into custody.
9-27-313. Taking into custody.
(a) (1) A juvenile only may be taken into custody without a warrant before service upon him or her of a petition and notice of hearing or order to appear as set out under 9-27-312:
(A) Pursuant to an order of the circuit court under this subchapter;
(B) By a law enforcement officer without a warrant under circumstances as set forth in rule 4.1 of the Arkansas Rules of Criminal Procedure; or
(C) By a law enforcement officer or by a duly authorized representative of the Department of Human Services if there are clear, reasonable grounds to conclude that the juvenile is in immediate danger and that removal is necessary to prevent serious harm from his or her surroundings or from illness or injury and if parents, guardians, or others with authority to act are unavailable or have not taken action necessary to protect the juvenile from the danger and there is not time to petition for and to obtain an order of the court before taking the juvenile into custody.
(2) When any juvenile is taken into custody without a warrant, the officer taking the juvenile into custody shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
(b) (1) When any juvenile is taken into custody pursuant to a warrant, the officer taking the juvenile into custody shall immediately take the juvenile before the judge of the division of circuit court out of which the warrant was issued and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
(2) The judge shall decide whether the juvenile should be tried as a delinquent or a criminal defendant pursuant to 9-27-318.
(c) When a law enforcement officer, a representative of the department, or other authorized person takes custody of a juvenile alleged to be dependent-neglected or under the Child Maltreatment Act, 12-18-101 et seq., he or she shall:
(1) (A) Notify the department and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
(B) The notification to the parents shall be in writing and shall include a notice:
(i) That the juvenile has been taken into foster care;
(ii) Of the name, location, and phone number of the person at the department whom they can contact about the juvenile;
(iii) Of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter;
(iv) Of the location and telephone number of the court; and
(v) Of the procedure for obtaining a hearing; or
(2) Return the juvenile to his or her home.
(d) (1) (A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for:
(i) Unlawful possession of a handgun, 5-73-119(a)(1);
(ii) Possession of a handgun on school property, 5-73-119(b)(1);
(iii) Unlawful discharge of a firearm from a vehicle, 5-74-107;
(iv) Any felony committed while armed with a firearm; or
(v) Criminal use of prohibited weapons, 5-73-104.
(B) The authority of a juvenile intake officer to make a detention decision pursuant to 9-27-322 shall not apply when a juvenile is detained pursuant to subdivision (d)(1)(A) of this section.
(C) A detention hearing shall be held by the court pursuant to 9-27-326 within seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day.
(2) If a juvenile is taken into custody for an act that would be a felony if committed by an adult, other than a felony listed in subdivision (d)(1)(A) of this section, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:
(A) (i) Take the juvenile to detention.
(ii) The intake officer shall be notified immediately to make a detention decision pursuant to 9-27-322 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours.
(iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;
(B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or
(C) Return the juvenile to his or her home.
(3) If a juvenile is taken into custody for an act that would be a misdemeanor if committed by an adult, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:
(A) Notify the juvenile intake officer, who shall make a detention decision pursuant to 9-27-322;
(B) Pursuant to the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court and release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or
(C) Return the juvenile to his or her home.
(4) (A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the facility or holdover.
(B) If not, an adult jail or lock-up may be used, as provided by 9-27-336.
(5) In all instances when a juvenile may be detained, the intake officer shall immediately make every effort possible to notify the juvenile's custodial parent, guardian, or custodian.
(e) When a law enforcement officer takes custody of a juvenile under this subchapter for reasons other than those specified in subsection (c) of this section concerning dependent-neglected juveniles or subsection (d) of this section concerning delinquency, he or she shall:
(1) (A) (i) Take the juvenile to shelter care, notify the department and the intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location.
(ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.
(B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.
(ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.
(iii) A juvenile held under this subdivision (e)(1)(B) must be separated from detained juveniles charged or held for delinquency.
(iv) A juvenile may not be held under this subdivision (e)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or
(2) Return the juvenile to his or her home.
(f) If no delinquency petition to adjudicate a juvenile taken into custody is filed within twenty-four (24) hours after a detention hearing or ninety-six (96) hours after an alleged delinquent juvenile is taken into custody, whichever is sooner, the alleged delinquent juvenile shall be discharged from custody, detention, or shelter care.