Section 42-4-1706 - Juveniles - convicted - arrested and incarcerated - provisions for confinement(1) Notwithstanding any other provision of law, a child, as defined in section 19-1-103, convicted of a misdemeanor traffic offense pursuant to this article 4, violating the conditions of probation imposed pursuant to this article 4, or found in contempt of court in connection with a violation or alleged violation pursuant to this article 4 must not be confined in a jail, lockup, or other place used for the confinement of adult offenders if the court with jurisdiction is located in a county in which there is a juvenile detention facility operated by or under contract with the department of human services that receives and provides care for children or if the jail is located within forty miles of such facility. The court imposing penalties pursuant to this section may confine a child for a determinate period of time in a juvenile detention facility operated by or under contract with the department of human services. If a juvenile detention facility operated by or under contract with the department of human services is not located within the county or within forty miles of the jail, a child may be confined for up to forty-eight hours in a jail pursuant to section 19-2.5-305 (4).(2)(a) Notwithstanding any other provision of law, a child, as defined in section 19-1-103, arrested and incarcerated for an alleged misdemeanor traffic offense pursuant to this article 4, and not released on bond, must be taken before a county judge who has jurisdiction of such offense within forty-eight hours for fixing of bail and conditions of bond pursuant to section 19-2.5-305 (4)(e). The child must not be confined in a jail, lockup, or other place used for the confinement of adult offenders for longer than seventy-two hours, after which the child may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time pursuant to this subsection (2), Saturdays, Sundays, and court holidays are included.(b) In any case in which a child is taken before a county judge pursuant to paragraph (a) of this subsection (2), the child's parent or legal guardian shall immediately be notified by the court in which the county judge sits. Any person so notified by the court under this paragraph (b) shall comply with the provisions of section 42-4-1716 (4).Amended by 2021 Ch. 136, § 141, eff. 10/1/2021.Amended by 2019 Ch. 294, § 30, eff. 7/1/2019.L. 94: Entire section amended, p. 2720, § 309, effective July 1; entire title amended with relocations, p. 2419, § 1, effective 1/1/1995. L. 96: (1) amended, p. 1698, § 46, effective 1/1/1997. L. 98: (2) amended, p. 830, § 56, effective August 5. L. 2004: (2) amended, p. 1333, § 4, effective 7/1/2005. L. 2019: (2)(a) amended, (SB 19-108), ch. 2730, p. 2730, § 30, effective July 1. L. 2021: (1) and (2)(a) amended, (SB 21-059), ch. 752, p. 752, § 141, effective October 1.(1) This section is similar to former § 42-4-1504.5 as it existed prior to 1994.
(2) Amendments to this section by House Bill 94-1029 were harmonized with Senate Bill 94-001.