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Statute

419C.130 Youth or youth offender may not be detained where adults are detained; exceptions.

(1) A youth or youth offender may not be detained at any time in a police station, jail, prison or other place where adults are detained, except as follows:
(a) A youth or youth offender may be detained in a police station for up to five hours when necessary to obtain the youth or youth offender’s name, age, residence and other identifying information.
(b) A youth waived under ORS 419C.349 or 419C.364 to the court handling criminal actions or to municipal court may be detained in a jail or other place where adults are detained if:
(A) The youth is at least 16 years of age; and
(B) The director of the county juvenile department and the sheriff, or other official responsible for the jail or other place, agree to detain the youth in a jail or other place where adults are detained.
(c) When detention is authorized by ORS 419C.453, a youth offender may be detained in a jail or other place where adults are detained.
(2) A youth waived to the court handling criminal actions or to municipal court pursuant to a standing order of the juvenile court under ORS 419C.370, including a youth accused of nonpayment of fines, may not be detained in a jail or other place where adults are detained.
(3) As used in this section, “adult” does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005.

[1993 c.33 §167; 1993 c.546 §115; 2003 c.442 §4; 2011 c.122 §2]


Case Cites

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Proposed Changes

Previous Versions

419C.130 Youth or youth offender may not be detained where adults are detained; exceptions.

(1) A youth or youth offender may not be detained at any time in a police station, jail, prison or other place where adults are detained, except as follows:
(a) A youth or youth offender may be detained in a police station for up to five hours when necessary to obtain the youth or youth offender’s name, age, residence and other identifying information.
(b) A youth waived under ORS 419C.349 or 419C.364 to the court handling criminal actions or to municipal court may be detained in a jail or other place where adults are detained, except that any such person under 16 years of age shall, prior to conviction or after conviction but prior to execution of sentence, be detained, if at all, in a facility used by the county for the detention of youths.
(c) When detention is authorized by ORS 419C.453, a youth offender may be detained in a jail or other place where adults are detained.
(2) A youth waived to the court handling criminal actions or to municipal court pursuant to a standing order of the juvenile court under ORS 419C.370, including a youth accused of nonpayment of fines, may not be detained in a jail or other place where adults are detained.
(3) As used in this section, “adult” does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005.

[1993 c.33 §167; 1993 c.546 §115; 2003 c.442 §4]