8-303. Taking into temporary custody;
interference; release; separate custody; violation;
classification


A. Except as provided in section 8-305, a juvenile taken into temporary custody
shall not be detained in a police station, jail or lockup where adults charged with or
convicted of a crime are detained.


B. A child shall be taken into temporary custody:


1. Pursuant to an order of the juvenile court.


2. Pursuant to a warrant issued according to the laws of arrest.


C. A juvenile may be taken into temporary custody:


1. By a peace officer pursuant to the laws of arrest, without a warrant, if there
are reasonable grounds to believe that the juvenile has committed a delinquent act or the
child is incorrigible.


2. By a peace officer if there are reasonable grounds to believe that the child has
run away from the child's parents, guardian or other custodian.


3. By a private person as provided by section 13-3884.


D. A peace officer shall take a juvenile into temporary custody pursuant to the
laws of arrest, with or without a warrant, when there are reasonable grounds to believe
that either:


1. The juvenile has committed a criminal act or a delinquent act which if committed
by an adult could be a felony or breach of the peace.


2. The juvenile has been apprehended in commission of a criminal act or a
delinquent act, which if committed by an adult would be a felony, or in fresh pursuit.


E. A juvenile who is taken into temporary custody pursuant to subsection D of this
section may be released from temporary custody only to the parents, guardian or custodian
of the juvenile or to the juvenile court.


F. A person who knowingly interferes with the taking of a juvenile into temporary
custody under the provisions of this section is guilty of a class 2 misdemeanor.


G. In determining if a child should be taken into custody under subsection C of
this section, the peace officer or child protective services specialist may consider as a
mitigating factor the participation of the parent, guardian or custodian in the healthy
families program established by section 8-701.