(a) (1) A juvenile may be taken into custody without a warrant before service upon him or her of a petition and notice of hearing or order to appear as set out under § 9-35-408 only as follows:(A) By an order of the circuit court under this subchapter;(B) By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or(C) By a designated person under § 12-18-1001 et seq.(2) When a juvenile is taken into custody without a warrant, the officer taking the juvenile into custody shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
(1) A juvenile may be taken into custody without a warrant before service upon him or her of a petition and notice of hearing or order to appear as set out under § 9-35-408 only as follows:(A) By an order of the circuit court under this subchapter;(B) By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or(C) By a designated person under § 12-18-1001 et seq.
(A) By an order of the circuit court under this subchapter;
(B) By a law enforcement officer without a warrant under circumstances as set forth in Rule 4.1 of the Arkansas Rules of Criminal Procedure; or
(C) By a designated person under § 12-18-1001 et seq.
(2) When a juvenile is taken into custody without a warrant, the officer taking the juvenile into custody shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
(b) (1) When a juvenile is taken into custody pursuant to a warrant, the officer taking the juvenile into custody shall immediately take the juvenile before the judge of the division of circuit court out of which the warrant was issued and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.(2) The judge shall decide whether the juvenile should be tried as a delinquent or as a criminal defendant under § 9-35-412.
(1) When a juvenile is taken into custody pursuant to a warrant, the officer taking the juvenile into custody shall immediately take the juvenile before the judge of the division of circuit court out of which the warrant was issued and make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location.
(2) The judge shall decide whether the juvenile should be tried as a delinquent or as a criminal defendant under § 9-35-412.
(c) (1) (A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for:(i) Unlawful possession of a handgun, § 5-73-119(a)(1);(ii) Possession of a handgun on school property, § 5-73-119(b)(1);(iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107;(iv) Any felony committed while armed with a firearm; or(v) Criminal use of prohibited weapons, § 5-73-104.(B) The authority of a juvenile intake officer to make a detention decision under § 9-35-416 shall not apply when a juvenile is detained under subdivision (c)(1)(A) of this section.(C) The court shall hold a detention hearing under § 9-35-420 within:(i) Seventy-two (72) hours after the juvenile is taken into custody; or(ii) If the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day after the juvenile is taken into custody.(2) If a juvenile is taken into custody for an act that would be a felony if committed by an adult, other than a felony listed in subdivision (c)(1)(A) of this section, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:(A) (i) Take the juvenile to detention.(ii) The juvenile intake officer shall be notified immediately to make a detention decision under § 9-35-416 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours.(iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;(B) Under the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or(C) Return the juvenile to his or her home.(3) If a juvenile is taken into custody for an act that would be a misdemeanor if committed by an adult, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:(A) Notify the juvenile intake officer, who shall make a detention decision under § 9-35-416;(B) (i) Under the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court; and(ii) Release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or(C) Return the juvenile to his or her home.(4) (A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the juvenile detention facility or holdover.(B) If a bed is not available under subdivision (c)(4)(A) of this section, an adult jail or lockup may be used, as provided under § 9-35-425.(5) In all instances when a juvenile may be detained, the juvenile intake officer shall immediately make every effort possible to notify the juvenile's custodial parent, guardian, or custodian.
(1) (A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for:(i) Unlawful possession of a handgun, § 5-73-119(a)(1);(ii) Possession of a handgun on school property, § 5-73-119(b)(1);(iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107;(iv) Any felony committed while armed with a firearm; or(v) Criminal use of prohibited weapons, § 5-73-104.(B) The authority of a juvenile intake officer to make a detention decision under § 9-35-416 shall not apply when a juvenile is detained under subdivision (c)(1)(A) of this section.(C) The court shall hold a detention hearing under § 9-35-420 within:(i) Seventy-two (72) hours after the juvenile is taken into custody; or(ii) If the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day after the juvenile is taken into custody.
(A) A law enforcement officer shall take a juvenile to detention, immediately make every effort to notify the custodial parent, guardian, or custodian of the juvenile's location, and notify the juvenile intake officer within twenty-four (24) hours so that a petition may be filed if a juvenile is taken into custody for:(i) Unlawful possession of a handgun, § 5-73-119(a)(1);(ii) Possession of a handgun on school property, § 5-73-119(b)(1);(iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107;(iv) Any felony committed while armed with a firearm; or(v) Criminal use of prohibited weapons, § 5-73-104.
(i) Unlawful possession of a handgun, § 5-73-119(a)(1);
(ii) Possession of a handgun on school property, § 5-73-119(b)(1);
(iii) Unlawful discharge of a firearm from a vehicle, § 5-74-107;
(iv) Any felony committed while armed with a firearm; or
(v) Criminal use of prohibited weapons, § 5-73-104.
(B) The authority of a juvenile intake officer to make a detention decision under § 9-35-416 shall not apply when a juvenile is detained under subdivision (c)(1)(A) of this section.
(C) The court shall hold a detention hearing under § 9-35-420 within:(i) Seventy-two (72) hours after the juvenile is taken into custody; or(ii) If the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day after the juvenile is taken into custody.
(i) Seventy-two (72) hours after the juvenile is taken into custody; or
(ii) If the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day after the juvenile is taken into custody.
(2) If a juvenile is taken into custody for an act that would be a felony if committed by an adult, other than a felony listed in subdivision (c)(1)(A) of this section, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:(A) (i) Take the juvenile to detention.(ii) The juvenile intake officer shall be notified immediately to make a detention decision under § 9-35-416 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours.(iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;(B) Under the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or(C) Return the juvenile to his or her home.
(A) (i) Take the juvenile to detention.(ii) The juvenile intake officer shall be notified immediately to make a detention decision under § 9-35-416 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours.(iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;
(i) Take the juvenile to detention.
(ii) The juvenile intake officer shall be notified immediately to make a detention decision under § 9-35-416 within twenty-four (24) hours of the time the juvenile was first taken into custody, and the prosecuting attorney shall be notified within twenty-four (24) hours.
(iii) If the juvenile remains in detention, a detention hearing shall be held no later than seventy-two (72) hours after the juvenile is taken into custody or if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day;
(B) Under the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the court and release the juvenile and within twenty-four (24) hours notify the juvenile intake officer and the prosecuting attorney so that a petition may be filed under this subchapter; or
(C) Return the juvenile to his or her home.
(3) If a juvenile is taken into custody for an act that would be a misdemeanor if committed by an adult, the law enforcement officer shall immediately make every effort possible to notify the custodial parent, guardian, or custodian of the juvenile's location and may:(A) Notify the juvenile intake officer, who shall make a detention decision under § 9-35-416;(B) (i) Under the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court; and(ii) Release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or(C) Return the juvenile to his or her home.
(A) Notify the juvenile intake officer, who shall make a detention decision under § 9-35-416;
(B) (i) Under the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court; and(ii) Release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or
(i) Under the Arkansas Rules of Criminal Procedure, issue a citation for the juvenile and his or her parents to appear for a first appearance before the circuit court; and
(ii) Release the juvenile and notify the juvenile intake officer and the prosecuting attorney within twenty-four (24) hours so that a petition may be filed under this subchapter; or
(C) Return the juvenile to his or her home.
(4) (A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the juvenile detention facility or holdover.(B) If a bed is not available under subdivision (c)(4)(A) of this section, an adult jail or lockup may be used, as provided under § 9-35-425.
(A) In all instances when a juvenile may be detained, the juvenile may be held in a juvenile detention facility or a seventy-two-hour holdover if a bed is available in the juvenile detention facility or holdover.
(B) If a bed is not available under subdivision (c)(4)(A) of this section, an adult jail or lockup may be used, as provided under § 9-35-425.
(5) In all instances when a juvenile may be detained, the juvenile intake officer shall immediately make every effort possible to notify the juvenile's custodial parent, guardian, or custodian.
(d) When a law enforcement officer takes custody of a juvenile under this subchapter for reasons other than those specified in subsection (c) of this section, he or she shall:(1) (A) (i) Take the juvenile to shelter care, notify the department and the juvenile intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location.(ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.(B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.(ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.(iii) A juvenile held under this subdivision (d)(1)(B) shall be separated from detained juveniles charged or held for delinquency.(iv) A juvenile shall not be held under this subdivision (d)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or(2) Return the juvenile to his or her home.
(1) (A) (i) Take the juvenile to shelter care, notify the department and the juvenile intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location.(ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.(B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.(ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.(iii) A juvenile held under this subdivision (d)(1)(B) shall be separated from detained juveniles charged or held for delinquency.(iv) A juvenile shall not be held under this subdivision (d)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or
(A) (i) Take the juvenile to shelter care, notify the department and the juvenile intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location.(ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.
(i) Take the juvenile to shelter care, notify the department and the juvenile intake officer of the court, and immediately make every possible effort to notify the custodial parent, guardian, or custodian of the juvenile's location.
(ii) The notification to parents shall be in writing and shall include a notice of the location of the juvenile, of the juvenile's and parents' rights to receive a copy of any petition filed under this subchapter, of the location and telephone number of the court, and of the procedure for obtaining a hearing.
(B) (i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.(ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.(iii) A juvenile held under this subdivision (d)(1)(B) shall be separated from detained juveniles charged or held for delinquency.(iv) A juvenile shall not be held under this subdivision (d)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or
(i) In cases when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or lives out of state and the juvenile has been absent from his or her home or domicile for more than twenty-four (24) hours, the juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.
(ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.
(iii) A juvenile held under this subdivision (d)(1)(B) shall be separated from detained juveniles charged or held for delinquency.
(iv) A juvenile shall not be held under this subdivision (d)(1)(B) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; or
(2) Return the juvenile to his or her home.
(e) If no delinquency petition to adjudicate a juvenile taken into custody is filed within twenty-four (24) hours after a detention hearing or ninety-six (96) hours or, if the ninety-six (96) hours ends on a Saturday, Sunday, or a holiday, at the close of the next business day, after an alleged delinquent juvenile is taken into custody, whichever is sooner, the alleged delinquent juvenile shall be discharged from custody, detention, or shelter care.