Juvenile Code: Delinquency

ORS 419C.453
Detention

  • when authorized


(1)

Pursuant to a hearing, the juvenile court may order a youth offender placed in a detention facility for a specific period of time not to exceed eight days, in addition to time already spent in the facility, unless a program plan that is in conformance with standards established by the Youth Development Council has been filed with and approved by the council, in which case the youth offender may be held in detention for a maximum of 30 days in addition to time already spent in the facility, when:

(a)

The youth offender has been found to be within the jurisdiction of the juvenile court by reason of having committed an act that would be a crime if committed by an adult; or

(b)

The youth offender has been placed on formal probation for an act that would be a crime if committed by an adult, and has been found to have violated a condition of that probation.

(2)

Pursuant to a hearing, the juvenile court may order a youth offender who is at least 18 years of age placed in a jail or other place where adults are detained. The placement must be for a specific period of time and may not exceed eight days in addition to time already spent in a juvenile detention facility or jail. The court may order placement under this subsection when:

(a)

The youth offender has been found to be within the jurisdiction of the juvenile court by reason of having committed an act that would be a crime if committed by an adult; or

(b)

The youth offender has been placed on formal probation for an act that would be a crime if committed by an adult, and has been found to have violated a condition of that probation.

(3)

In order to detain a youth offender under subsection (2) of this section, the court shall make case-specific findings that placement in a jail or other place where adults are detained meets the specific needs of the youth offender.

(4)

As used in this section, “adult” does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction). [1993 c.33 §231; 2001 c.904 §5; 2001 c.905 §6; 2003 c.396 §111; 2003 c.442 §3; 2005 c.503 §17; 2012 c.37 §61]

Notes of Decisions

Court may not order youth who attains age 18 prior to adjudication to serve sentence in adult facility. State ex rel Juvenile Dept. v. Thompson, 176 Or App 27, 29 P3d 1221 (2001)

Where juvenile court issued condition of probation that delegated authority to juvenile department to punish probation violations with detention, condition was invalid because only juvenile court may order detention as punishment for probation violation and may impose detention only after hearing. State v. B.H.C., 288 Or App 120, 404 P3d 1110 (2017)

Chapter 419C

Law Review Citations

Under Former Similar Statutes

56 OLR 428 (1977); 16 WLR 417 (1979)


Source

Last accessed
Jun. 26, 2021