Indiana Code 31-37-5-5. Investigation, release, or detention by intake officer of child taken into custody without court order
(1) home detention;
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 1 felony | between 20 and 40 years | up to $10,000 |
| Level 2 felony | between 10 and 30 years | up to $10,000 |
| Level 3 felony | between 3 and 16 years | up to $10,000 |
| Level 4 felony | between 2 and 12 years | up to $10,000 |
Terms Used In Indiana Code 31-37-5-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- juvenile: as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. See Indiana Code 31-37-23-1
(3) a curfew restriction;
(4) a directive to avoid contact with specified individuals until the child’s return to the juvenile court at a specified time;
(5) a directive to comply with Indiana law; or
(6) any other reasonable conditions on the child’s actions or behavior.
(b) After considering the detention tool results, if the intake officer imposes additional conditions upon the child under subsection (a), the court shall hold a detention hearing under IC 31-37-6 within forty-eight (48) hours of the imposition of the additional conditions, excluding Saturdays, Sundays, and legal holidays.
(c) The intake officer may place the child in detention if the intake officer reasonably believes that the child is a delinquent child and only:
(1) after a detention tool has been administered; and
(2) if there are grounds to support the use of secure detention if the child does not score as high risk on the detention tool.
(d) The intake officer shall use the results of the detention tool to inform the use of secure detention. If, after considering the results of the detention tool and other information determined by local policy, the intake officer believes that the child needs to be detained under subsection (c)(2), the intake officer shall document the reason for the use of detention, including:
(1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
(2) the child has committed an act that would be murder or a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony if committed by an adult;
(3) detention is essential to protect the child or the community;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) the child has a reasonable basis for requesting that the child not be released.
(e) If a child is detained for a reason specified in subsection (d)(4) or (d)(5), the child shall be detained under IC 31-37-7-1.
(f) Results of the detention tool shall be made available to the court and any legal party to the case prior to the detention hearing.
(g) Evidence of a child’s statements and evidence derived from those statements made for use in preparing an authorized evidence based detention tool, for purposes of making a recommendation to the court regarding continued detention of a child, are not admissible against the child in any other court proceeding.
[Pre-1997 Recodification Citation: 31-6-4-5(e).]
As added by P.L.1-1997, SEC.20. Amended by P.L.158-2013, SEC.328; P.L.28-2016, SEC.2; P.L.101-2022, SEC.11.