(1) A youth may be held or placed in detention before adjudication on the merits if one or more of the following circumstances exists:
(a) The youth is a fugitive from another jurisdiction;
(b) The youth is alleged to be within the jurisdiction of the court under ORS 419C.005, by having committed or attempted to commit an offense which, if committed by an adult, would be chargeable as:
(A) A crime involving infliction of physical injury to another person;
(B) A misdemeanor under ORS 166.023; or
(C) Any felony crime;
(c) The youth has willfully failed to appear at one or more juvenile court proceedings by having disobeyed a proper summons, citation or subpoena;
(d) The youth is currently on probation imposed as a consequence of the youth previously having been found to be within the jurisdiction of the court under ORS 419C.005, and there is probable cause to believe the youth has violated one or more of the conditions of that probation;
(e) The youth is subject to conditions of release pending or following adjudication of a petition alleging that the youth is within the jurisdiction of the court pursuant to ORS 419C.005 and there is probable cause to believe the youth has violated a condition of release;
(f) The youth is alleged to be in possession of a firearm in violation of ORS 166.250; or
(g) The youth is required to be held or placed in detention for the reasonable protection of the victim.
(2) A youth detained under subsection (1) of this section must be released to the custody of a parent or other responsible person, released upon the youth’s own recognizance or placed in shelter care unless the court or its authorized representative makes written findings that there is probable cause to believe that the youth may be detained under subsection (1) of this section, that describe why it is in the best interests of the youth to be placed in detention and that one or more of the following circumstances are present:
(a) No means less restrictive of the youth’s liberty gives reasonable assurance that the youth will attend the adjudicative hearing; or
(b) The youth’s behavior endangers the physical welfare of the youth, the victim or another person, or endangers the community.
(3) When a youth is ordered held or placed in detention, the court or its authorized representative shall state in writing the basis for its detention decision and a finding describing why it is in the best interests of the youth to be placed in detention. The youth shall have the opportunity to rebut evidence received by the court and to present evidence at the hearing.
(4) In determining whether release is appropriate under subsection (2) of this section, the court or its authorized representative shall consider the following:
(a) The nature and extent of the youth’s family relationships and the youth’s relationships with other responsible adults in the community;
(b) The youth’s previous record of referrals to juvenile court and recent demonstrable conduct;
(c) The youth’s past and present residence;
(d) The youth’s education status and school attendance record;
(e) The youth’s past and present employment;
(f) The youth’s previous record regarding appearance in court;
(g) The nature of the charges against the youth and any mitigating or aggravating factors;
(h) The youth’s mental health;
(i) The reasonable protection of the victim; and
(j) Any other facts relevant to the likelihood of the youth’s appearance in court or likelihood that the youth will comply with the law and other conditions of release.
(5) Notwithstanding subsection (2) of this section, the court may not release a youth when:
(a) There is probable cause to believe the youth committed an offense that, if committed by an adult, would constitute a violent felony; and
(b) There is clear and convincing evidence that the youth poses a danger of serious physical injury to or sexual victimization of the victim or members of the public while the youth is on release. [1993 c.33 §173; 1993 c.546 §130; 1995 c.422 §73g; 1999 c.577 §10; 2001 c.686 §10; 2005 c.631 §5; 2007 c.609 §15]
Section: Previous 419C.109 419C.125 419C.130 419C.133 419C.136 419C.139 419C.142 419C.145 419C.150 419C.153 419C.156 419C.159 419C.170 419C.173 419C.176 NextLast modified: August 7, 2008