ORS 419C.109
Initial disposition of youth taken into custody
(1)
Except as otherwise provided in subsection (3) of this section, the court may designate a person to effect disposition of a youth taken into custody or brought before the court under ORS 419C.097 (Notice to parents, victim), 419C.100 (Release of youth taken into custody), 419C.103 (Procedure when youth is not released) and 419C.106 (Report required when youth is taken into custody). If the requirements of ORS 419C.145 (Preadjudication detention) (3) are met, the person may do any of the following when the person has taken custody of a youth or has authority to effect disposition of a youth taken into custody:(a)
Release the youth to the custody of a parent, guardian or other responsible person.(b)
Release the youth on the youth’s own recognizance when appropriate.(c)
Upon a finding that release of the youth on the youth’s own recognizance is unwarranted, or upon order of the court or if probable cause exists to believe the youth may be detained under ORS 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention), 419C.153 (Detention review or release hearing), 419C.156 (Detention of runaway from another state), 419C.159 (Escape) or 419C.453 (Detention), place the youth on conditional release.(d)
Subject to ORS 419A.059 (Designation of detention and shelter facilities), 419A.061 (Inspection of detention facilities), 419C.130 (Youth or adjudicated youth may not be detained where adults are detained) and 419C.133 (Detention of youth under 12 years of age), place the youth in shelter care or detention. The youth shall be placed in shelter care rather than detention, unless the person has probable cause to believe that the court will be able to detain the youth under ORS 419C.145 (Preadjudication detention), 419C.150 (Time limitations on detention), 419C.153 (Detention review or release hearing), 419C.156 (Detention of runaway from another state), 419C.159 (Escape) or 419C.453 (Detention).(e)
Pursuant to order of the court made subsequent to the filing of a petition, hold, retain or place the youth in detention or shelter care subject to further order.(f)
Exercise authority to detain the youth as provided in ORS 419C.136 (Temporary hold to develop release plan).(2)
If the youth is released under subsection (1) of this section, the person releasing the youth may issue a summons to the youth requiring the youth to appear before the court. The summons must include the date, time and location for the youth to appear before the court. The person releasing the youth shall inform the juvenile court, which may review the release as provided in ORS 419C.153 (Detention review or release hearing). If the youth fails to appear on the date and time required by the summons, the court may issue a warrant for the arrest of the youth.(3)
Intentionally left blank —Ed.(a)
When a youth is retained in custody under ORS 419C.100 (Release of youth taken into custody) (3) and 419C.103 (Procedure when youth is not released) (2) and a petition is filed under ORS 419C.005 (Jurisdiction) alleging 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 ORS 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 court shall determine the youth’s initial disposition at a hearing conducted pursuant to ORS 419C.145 (Preadjudication detention). The parties to the hearing are the youth, the juvenile department and the state, represented by the district attorney.(b)
The court shall inform the youth:(A)
Of the youth’s rights, including the right to be represented by counsel and the right to remain silent; and(B)
Of the allegations against the youth.(c)
The court shall make a determination under ORS 419C.145 (Preadjudication detention) whether the youth should remain in detention pending adjudication on the merits. The court may order that the hearing be continued and that the youth remain in detention for a reasonable period of time not to exceed seven days if the court finds:(A)
That additional information concerning the youth is necessary to aid the court in making the determination under ORS 419C.145 (Preadjudication detention); and(B)
There is 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 ORS 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).(d)
If the court orders that the hearing be continued and that the youth remain in detention under paragraph (c) of this subsection, in addition to and not in lieu of any other order the court may make, the court may order a mental health assessment or screening of the youth.(e)
If the court determines that the youth should not be detained pending adjudication on the merits, the court may order any other preadjudication disposition authorized. [1993 c.33 §169; 1993 c.546 §67; 1995 c.422 §73d; 1999 c.577 §6; 1999 c.1095 §16]
Source:
Section 419C.109 — Initial disposition of youth taken into custody, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
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