Arrested child taken before juvenile court--transfer of prosecution tojuvenile court--limitations on detention of juvenile--detentionhearing, notice.
211.061. 1. When a child is taken into custody with or withoutwarrant for an offense, the child, together with any information concerningthe child and the personal property found in the child's possession, shallbe taken immediately and directly before the juvenile court or delivered tothe juvenile officer or person acting for him.
2. If any person is taken before a circuit or associate circuit judgenot assigned to juvenile court or a municipal judge, and it is then, or atany time thereafter, ascertained that he or she was under the age ofseventeen years at the time he or she is alleged to have committed theoffense, or that he or she is subject to the jurisdiction of the juvenilecourt as provided by this chapter, it is the duty of the judge forthwith totransfer the case or refer the matter to the juvenile court, and direct thedelivery of such person, together with information concerning him or herand the personal property found in his or her possession, to the juvenileofficer or person acting as such.
3. When the juvenile court is informed that a child is in detentionit shall examine the reasons therefor and shall immediately:
(1) Order the child released; or
(2) Order the child continued in detention until a detention hearingis held. An order to continue the child in detention shall only be enteredupon the filing of a petition or motion to modify and a determination bythe court that probable cause exists to believe that the child hascommitted acts specified in the petition or motion that bring the childwithin the jurisdiction of the court under subdivision (2) or (3) ofsubsection 1 of section 211.031.
4. A juvenile shall not remain in detention for a period greater thantwenty-four hours unless the court orders a detention hearing. If suchhearing is not held within three days, excluding Saturdays, Sundays andlegal holidays, the juvenile shall be released from detention unless thecourt for good cause orders the hearing continued. The detention hearingshall be held within the judicial circuit at a date, time and placeconvenient to the court. Notice of the date, time and place of a detentionhearing, and of the right to counsel, shall be given to the juvenile andhis or her custodian in person, by telephone, or by such other expeditiousmethod as is available.
(L. 1957 p. 642 § 211.050, A.L. 1978 H.B. 1634, A.L. 1989 H.B. 502, et al., A.L. 2008 H.B. 1550)
Arrested child taken before juvenile court--transfer of prosecution tojuvenile court--limitations on detention of juvenile--detentionhearing, notice.
211.061. 1. When a child is taken into custody with or withoutwarrant for an offense, the child, together with any information concerningthe child and the personal property found in the child's possession, shallbe taken immediately and directly before the juvenile court or delivered tothe juvenile officer or person acting for him.
2. If any person is taken before a circuit or associate circuit judgenot assigned to juvenile court or a municipal judge, and it is then, or atany time thereafter, ascertained that he or she was under the age ofseventeen years at the time he or she is alleged to have committed theoffense, or that he or she is subject to the jurisdiction of the juvenilecourt as provided by this chapter, it is the duty of the judge forthwith totransfer the case or refer the matter to the juvenile court, and direct thedelivery of such person, together with information concerning him or herand the personal property found in his or her possession, to the juvenileofficer or person acting as such.
3. When the juvenile court is informed that a child is in detentionit shall examine the reasons therefor and shall immediately:
(1) Order the child released; or
(2) Order the child continued in detention until a detention hearingis held. An order to continue the child in detention shall only be enteredupon the filing of a petition or motion to modify and a determination bythe court that probable cause exists to believe that the child hascommitted acts specified in the petition or motion that bring the childwithin the jurisdiction of the court under subdivision (2) or (3) ofsubsection 1 of section 211.031.
4. A juvenile shall not remain in detention for a period greater thantwenty-four hours unless the court orders a detention hearing. If suchhearing is not held within three days, excluding Saturdays, Sundays andlegal holidays, the juvenile shall be released from detention unless thecourt for good cause orders the hearing continued. The detention hearingshall be held within the judicial circuit at a date, time and placeconvenient to the court. Notice of the date, time and place of a detentionhearing, and of the right to counsel, shall be given to the juvenile andhis or her custodian in person, by telephone, or by such other expeditiousmethod as is available.
(L. 1957 p. 642 § 211.050, A.L. 1978 H.B. 1634, A.L. 1989 H.B. 502, et al., A.L. 2008 H.B. 1550)
Arrested child taken before juvenile court--transfer of prosecution tojuvenile court--limitations on detention of juvenile--detentionhearing, notice.
211.061. 1. When a child is taken into custody with or withoutwarrant for an offense, the child, together with any information concerningthe child and the personal property found in the child's possession, shallbe taken immediately and directly before the juvenile court or delivered tothe juvenile officer or person acting for him.
2. If any person is taken before a circuit or associate circuit judgenot assigned to juvenile court or a municipal judge, and it is then, or atany time thereafter, ascertained that he or she was under the age ofseventeen years at the time he or she is alleged to have committed theoffense, or that he or she is subject to the jurisdiction of the juvenilecourt as provided by this chapter, it is the duty of the judge forthwith totransfer the case or refer the matter to the juvenile court, and direct thedelivery of such person, together with information concerning him or herand the personal property found in his or her possession, to the juvenileofficer or person acting as such.
3. When the juvenile court is informed that a child is in detentionit shall examine the reasons therefor and shall immediately:
(1) Order the child released; or
(2) Order the child continued in detention until a detention hearingis held. An order to continue the child in detention shall only be enteredupon the filing of a petition or motion to modify and a determination bythe court that probable cause exists to believe that the child hascommitted acts specified in the petition or motion that bring the childwithin the jurisdiction of the court under subdivision (2) or (3) ofsubsection 1 of section 211.031.
4. A juvenile shall not remain in detention for a period greater thantwenty-four hours unless the court orders a detention hearing. If suchhearing is not held within three days, excluding Saturdays, Sundays andlegal holidays, the juvenile shall be released from detention unless thecourt for good cause orders the hearing continued. The detention hearingshall be held within the judicial circuit at a date, time and placeconvenient to the court. Notice of the date, time and place of a detentionhearing, and of the right to counsel, shall be given to the juvenile andhis or her custodian in person, by telephone, or by such other expeditiousmethod as is available.
(L. 1957 p. 642 § 211.050, A.L. 1978 H.B. 1634, A.L. 1989 H.B. 502, et al., A.L. 2008 H.B. 1550)
