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.

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.