9-27-322. Release from custody.

9-27-322. Release from custody. (a) Upon receiving notice that a juvenile has been taken into custody on an allegation of delinquency, the intake officer shall immediately notify the juvenile's parent, guardian, or custodian of the location at which the juvenile is being held and of the reasons for the juvenile's detention if such notification has not previously taken place and shall: (1) Unconditionally release the juvenile to the juvenile's parent, guardian, or custodian; (2) Release the juvenile to the juvenile's parent, guardian, or custodian upon the written promise of the parent, guardian, or custodian to bring the juvenile before the court when summoned; (3) Release the juvenile to the juvenile's parent, guardian, or custodian upon written conditions to ensure the juvenile will be brought before the court; (4) Pending court review, place the juvenile in shelter care if unable to locate the juvenile's parent, guardian, or custodian; (5) Pending court review, place the juvenile on electronic monitoring; or (6) Detain the juvenile pending a detention hearing before the circuit court. (b)Criteria for Release by Intake Officer. (1) In determining whether to detain a juvenile who has been taken into custody on an allegation of delinquency pending a detention hearing, the intake officer shall consider the following facts: (A) Ties to the community, including: (i) Place and length of residence; (ii) School attendance; (iii) Present and past employment; (iv) Family relationships; and (v) References; and (B) Nature of the alleged offense, including: (i) Whether the offense would constitute a felony or misdemeanor; (ii) The use of force or violence; (iii) Prior juvenile or criminal record; and (iv) Any history of failure to appear for court appearances. (2) The intake officer may determine that there is no less restrictive alternative to detention if detention is necessary: (A) To prevent imminent bodily harm to the juvenile or to another; or (B) To prevent flight when the juvenile is a fugitive or escapee from another jurisdiction. (3) Only if a substantial number of the facts considered under subdivision (b)(1) of this section weigh against the juvenile or one (1) of the two (2) circumstances in subdivision (b)(2) of this section exists shall the juvenile be detained pending a detention hearing by the court. (c) The juvenile and his or her parent, guardian, or custodian shall not be charged the cost of detention, shelter, or electronic monitoring authorized by a juvenile officer under subsection (a) of this section.