New Hampshire Revised Statutes 169-B:11 – Release Prior to Arraignment
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An officer taking a minor into custody pursuant to N.H. Rev. Stat. § 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.
I. A minor taken into custody pursuant to N.H. Rev. Stat. § 169-B:9 shall be released to a parent, guardian, or custodian pending arraignment; or
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 in a foster home, as defined in N.H. Rev. Stat. § 169-C:3, XIII, a crisis home, a shelter care facility, a group home, or an alcohol crisis center certified to accept juveniles; or
III. If the court determines that continued detention is required, based upon the criteria specified under N.H. Rev. Stat. § 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.
I. A minor taken into custody pursuant to N.H. Rev. Stat. § 169-B:9 shall be released to a parent, guardian, or custodian pending arraignment; or
Terms Used In New Hampshire Revised Statutes 169-B:11
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- 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: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
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 in a foster home, as defined in N.H. Rev. Stat. § 169-C:3, XIII, a crisis home, a shelter care facility, a group home, or an alcohol crisis center certified to accept juveniles; or
III. If the court determines that continued detention is required, based upon the criteria specified under N.H. Rev. Stat. § 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.