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RSA 169-B:11 · Release Prior to Arraignment

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-B · DELINQUENT CHILDREN
Status
current
Official source linked
Yes
Official source Copy section link

169-B:11 Release Prior to Arraignment. – An officer taking a minor into custody pursuant to RSA 169-B:9 may release the minor to a parent, guardian or custodian pending arraignment; however, if the minor is not released within 4 hours of being taken into custody, the court shall be notified, and thereupon, placement, until arraignment, shall be determined by the court.

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I.

A minor taken into custody pursuant to RSA 169-B:9 shall be released to a parent, guardian, or custodian pending arraignment; or

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II.

If such a person is not available, the court may release the minor under the supervision of a relative or friend; or may release the minor to the custody of the department of health and human services for placement with fictive kin, or in a foster home, as defined in RSA 169-C:3, XIII, a crisis home, a shelter care facility, a group home, a child care institution, psychiatric residential treatment program, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee, or an alcohol crisis center certified to accept juveniles; or

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III.

If the court determines that continued detention is required, based upon the criteria specified under RSA 169-B:14, I(e)(2), it may order continued detention at an alternative to secure detention, or any facility certified for the detention of minors by the commissioner of the department of health and human services. A minor shall not be held in any facility where adults charged, convicted or committed for criminal offenses are simultaneously detained except that a juvenile alleged or found to be delinquent may be held for up to 6 hours in a metropolitan area or up to 24 hours in a non-metropolitan area for processing and while awaiting release or transfer to a juvenile facility, provided that the detention is in a room or cell separate and removed from all contact, both sight and sound, with all adult inmates. Source. 1979, 361:2. 1982, 39:12. 1985, 379:1. 1988, 197:3. 1989, 285:3. 1992, 18:1. 1994, 212:2. 1995, 310:171. 2001, 117:4. 2007, 325:8, eff. July 16, 2007. 2020, 26:14, eff. July 1, 2020. 2024, 88:2, eff. June 14, 2024.

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Source note

Source. 1979, 361:2. 1982, 39:12. 1985, 379:1. 1988, 197:3. 1989, 285:3. 1992, 18:1. 1994, 212:2. 1995, 310:171. 2001, 117:4. 2007, 325:8, eff. July 16, 2007. 2020, 26:14, eff. July 1, 2020. 2024, 88:2, eff. June 14, 2024.

Source history

  • 1979, 361:2
  • 1982, 39:12
  • 1985, 379:1
  • 1988, 197:3
  • 1989, 285:3
  • 1992, 18:1
  • 1994, 212:2
  • 1995, 310:171
  • 2001, 117:4
  • 2007, 325:8, eff. July 16, 2007
  • 2020, 26:14, eff. July 1, 2020
  • 2024, 88:2, eff. June 14, 2024

Related materials

Bill relationships

  • 2026 HB1099 reference

    and special education services to New Hampshire students who are placed in residential facilities in the state as an episode of treatment or under a court ordered placement under RSA 169-B, RSA 169-C, and RSA 169-D. II. The members of the committee shall be as follows: (a) One member of the senate, appointed by the president of the senate. (b) Four members of the house of representatives, appointed

  • 2026 HB1315 amend · effective 2027-01-01

    n General Court convened: 1 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this sect

  • 2026 HB1564 related · effective 2027-01-01

    d persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees

  • 2026 HB1564-FN related · effective 2027-01-01

    d persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees

  • 2026 HB652 reference · effective 2026-01-01

    y for children of unwed parties, except that the parties may first seek to have their case resolved by the office of family mediation pursuant to RSA 490-E:8. III. Actions under RSA 169-B, relating to delinquent children except for concurrent jurisdiction with the circuit court to enter temporary detention orders under RSA 169-B:11, III and 169-B:12, IV(b). IV. Actions under RSA 169-C, relating to abus

  • 2026 HB652 reference · effective 2026-01-01

    to RSA 490-E:8. III. Actions under RSA 169-B, relating to delinquent children except for concurrent jurisdiction with the circuit court to enter temporary detention orders under RSA 169-B:11, III and 169-B:12, IV(b). IV. Actions under RSA 169-C, relating to abused and neglected children except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-C:6, VI and RSA 169-C:6-a. V.

  • 2026 HB652-FN reference · effective 2026-01-01

    to RSA 490-E:8. III. Actions under RSA 169-B, relating to delinquent children except for concurrent jurisdiction with the circuit court to enter temporary detention orders under RSA 169-B:11, III and 169-B:12, IV(b). IV. Actions under RSA 169-C, relating to abused and neglected children except for concurrent jurisdiction with the circuit court to enter orders under RSA 169-C:6, VI and RSA 169-C:6-a. V.

  • 2026 HB652-FN reference · effective 2026-01-01

    y for children of unwed parties, except that the parties may first seek to have their case resolved by the office of family mediation pursuant to RSA 490-E:8. III. Actions under RSA 169-B, relating to delinquent children except for concurrent jurisdiction with the circuit court to enter temporary detention orders under RSA 169-B:11, III and 169-B:12, IV(b). IV. Actions under RSA 169-C, relating to abus

  • 2026 HB709 reference · effective 2026-07-01

    ld's legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to anoth

  • 2026 HB709-FN reference · effective 2026-07-01

    ld's legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to anoth

  • 2026 SB142 related · effective 2026-01-01

    pursuant to RSA 541-A, relative to the administration and enforcement of the following: (a) The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders i

  • 2026 SB142-FN related · effective 2026-01-01

    pursuant to RSA 541-A, relative to the administration and enforcement of the following: (a) The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders i