Section 169-B:11 Release Prior to Arraignment.
An officer taking a minor into custody pursuant to RSA 169-B:9 may release the minor to a parent, guardian or custodian pending arraignment; however, if the minor is not released within 4 hours of being taken into custody, the court shall be notified, and thereupon, placement, until arraignment, shall be determined by the court.
I. A minor taken into custody pursuant to RSA 169-B:9 shall be released to a parent, guardian, or custodian pending arraignment; or
II. If such a person is not available, the court may release the minor under the supervision of a relative or friend; or may release the minor to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a crisis home, a shelter care facility, a group home with expenses charged according to RSA 169-B:40, or an alcohol crisis center certified to accept juveniles; or
III. If the court determines that continued detention is required, based upon the criteria specified under RSA 169-B:14, I(e)(2), it may order continued detention at an alternative to secure detention, or any facility certified for the detention of minors by the commissioner of the department of health and human services. A minor shall not be held in any facility where adults charged, convicted or committed for criminal offenses are simultaneously detained except that a juvenile alleged or found to be delinquent may be held for up to 6 hours in a metropolitan area or up to 24 hours in a non-metropolitan area for processing and while awaiting release or transfer to a juvenile facility, provided that the detention is in a room or cell separate and removed from all contact, both sight and sound, with all adult inmates.
Source. 1979, 361:2. 1982, 39:12. 1985, 379:1. 1988, 197:3. 1989, 285:3. 1992, 18:1. 1994, 212:2. 1995, 310:171. 2001, 117:4, eff. Aug. 25, 2001. 2007, 325:8, eff. July 16, 2007.