Oregon Statutes 419C.109 – Initial disposition of youth taken into custody
(1) Except as otherwise provided in subsection (3) of this section, the court may designate a person to effect disposition of a youth taken into custody or brought before the court under ORS § 419C.097, 419C.100, 419C.103 and 419C.106. If the requirements of ORS § 419C.145 (3) are met, the person may do any of the following when the person has taken custody of a youth or has authority to effect disposition of a youth taken into custody:
Terms Used In Oregon Statutes 419C.109
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Summons: Another word for subpoena used by the criminal justice system.
(a) Release the youth to the custody of a parent, guardian or other responsible person.
(b) Release the youth on the youth’s own recognizance when appropriate.
(c) Upon a finding that release of the youth on the youth’s own recognizance is unwarranted, or upon order of the court or if probable cause exists to believe the youth may be detained under ORS § 419C.145, 419C.150, 419C.153, 419C.156, 419C.159 or 419C.453, place the youth on conditional release.
(d) Subject to ORS § 419A.059, 419A.061, 419C.130 and 419C.133, place the youth in shelter care or detention. The youth shall be placed in shelter care rather than detention, unless the person has probable cause to believe that the court will be able to detain the youth under ORS § 419C.145, 419C.150, 419C.153, 419C.156, 419C.159 or 419C.453.
(e) Pursuant to order of the court made subsequent to the filing of a petition, hold, retain or place the youth in detention or shelter care subject to further order.
(f) Exercise authority to detain the youth as provided in ORS § 419C.136.
(2) If the youth is released under subsection (1) of this section, the person releasing the youth may issue a summons to the youth requiring the youth to appear before the court. The summons must include the date, time and location for the youth to appear before the court. The person releasing the youth shall inform the juvenile court, which may review the release as provided in ORS § 419C.153. If the youth fails to appear on the date and time required by the summons, the court may issue a warrant for the arrest of the youth.
(3)(a) When a youth is retained in custody under ORS § 419C.100 (3) and 419C.103 (2) and a petition is filed under ORS § 419C.005 alleging that the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of ORS § 166.250, 166.370 or 166.382, the court shall determine the youth’s initial disposition at a hearing conducted pursuant to ORS § 419C.145. The parties to the hearing are the youth, the juvenile department and the state, represented by the district attorney.
(b) The court shall inform the youth:
(A) Of the youth’s rights, including the right to be represented by counsel and the right to remain silent; and
(B) Of the allegations against the youth.
(c) The court shall make a determination under ORS § 419C.145 whether the youth should remain in detention pending adjudication on the merits. The court may order that the hearing be continued and that the youth remain in detention for a reasonable period of time not to exceed seven days if the court finds:
(A) That additional information concerning the youth is necessary to aid the court in making the determination under ORS § 419C.145; and
(B) There is probable cause to believe that the youth, while in or on a public building or court facility within the last 120 days, possessed a firearm or destructive device in violation of ORS § 166.250, 166.370 or 166.382.
(d) If the court orders that the hearing be continued and that the youth remain in detention under paragraph (c) of this subsection, in addition to and not in lieu of any other order the court may make, the court may order a mental health assessment or screening of the youth.
(e) If the court determines that the youth should not be detained pending adjudication on the merits, the court may order any other preadjudication disposition authorized. [1993 c.33 § 169; 1993 c.546 § 67; 1995 c.422 § 73d; 1999 c.577 § 6; 1999 c.1095 § 16]
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