Idaho State Statutes - Idaho Attorney Directory

(1) A peace
officer may take a juvenile into custody, or a private citizen may detain a
juvenile until the juvenile can be delivered forthwith into the custody of a
peace officer, without order of the court:
(a) When he has reasonable cause to believe that the juvenile has
committed an act which would be a misdemeanor or felony if committed by an
adult; or
(b) When in the presence of a peace officer or private citizen the
juvenile has violated any local, state or federal law or municipal
ordinance; or
(c) When there are reasonable grounds to believe the juvenile has
committed a status offense. Status offenses are truancy, running away from
or being beyond the control of parents, guardian, or legal custodian and
curfew violations. Status offenders shall not be placed in any jail
facility but instead may be placed in juvenile shelter care facilities,
except in the case of runaways, when there is a specific detention request
from a foreign jurisdiction to hold the juvenile pending transportation
arrangements.
(2) A peace officer may take a juvenile into custody upon a written order
or warrant signed by a judge. The judge may issue the order or warrant after
finding that there is reasonable cause to believe that the juvenile comes
within the purview of this chapter. Such taking into custody shall not be
deemed an arrest. Jurisdiction of the court shall attach from the time the
juvenile is taken into custody. When an officer takes a juvenile into custody,
he shall notify the parent, guardian or custodian of the juvenile as soon as
possible. Unless otherwise ordered by the court, or unless it appears to the
officer taking the juvenile into custody that it is contrary to the welfare of
society or the juvenile, such juvenile shall be released to the custody of his
parent or other responsible adult upon written promise, signed by such person,
to bring the juvenile to the court at a stated time. Such written promise
shall be submitted to the court as soon as possible. If such person shall fail
to produce the juvenile as agreed, or upon notice from the court, a summons
for such person may be issued by the court and a warrant may be issued for
apprehension of the juvenile.
(3) A juvenile taken into custody may be fingerprinted and photographed.
Any fingerprints and photographs taken shall be forwarded as provided in
subsection (8) of this section. If the court finds good cause it may order any
fingerprints and photographs expunged.
(4) When a juvenile is not released he shall be taken forthwith to the
court or place of detention specified by the court and then not later than
twenty-four (24) hours, excluding Saturdays, Sundays and holidays, shall be
brought before the court for a detention hearing to determine where the
juvenile will be placed until the next hearing. Status offenders shall not be
placed in any jail facility, but instead may be placed in juvenile shelter
care facilities.
Placements may include, but are not limited to, the following:
(a) Parents of the juvenile;
(b) Relatives of the juvenile;
(c) Foster care;
(d) Group care;
(e) A juvenile detention facility; or
(f) Community-based diversion programs.
(5) The person in charge of a detention facility shall give immediate
notice to the court that the juvenile is in his custody.
(6) No juvenile shall be held in detention longer than twenty-four (24)
hours, exclusive of Saturdays, Sundays and holidays, unless a petition has
been filed and the court has signed the detention order.
(7) As soon as a juvenile is detained by court order, his parents,
guardian or legal custodian shall be informed by notice in writing on forms
prescribed by the court that they may have a prompt hearing regarding release
or detention.
(8) A juvenile taken into detention for an offense shall be fingerprinted
and photographed. Fingerprints and photographs taken of juveniles shall be
forwarded to the appropriate law enforcement agency and filed with the bureau
of criminal identification of the Idaho state police which shall create a
juvenile fingerprint file and enter the fingerprint data into the automated
fingerprint identification system. The fingerprint data shall then be
forwarded to the department to be maintained in a statewide juvenile offender
information system. Access to the information in the juvenile offender system
shall be controlled by the department, subject to the provisions of section
9-342, Idaho Code. If the court finds good cause it may order the fingerprints
and photographs of the juvenile expunged.
(9) Peace officers' records of juveniles shall be kept separate from
records of adults and shall be subject to disclosure according to chapter 3,
title 9, Idaho Code.

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