Persons under 18 years of age who have fled from another state considered adults for purposes of detention only in certain cases.

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Whenever a person under eighteen (18) years of age, who has fled from another state, is taken into custody, that person shall be considered an adult only for the purposes of detention if:

1. The person has been charged with commission of an offense in the other state which is considered a felony in that state; and

2. The person is certified as an adult in that state for the purpose of criminal prosecution for said felony or has reached the statutory age of majority in that state; and

3. The other state is seeking the return of the individual to its jurisdiction and provides written or electronically transmitted confirmation, which is received within forty-eight (48) hours after the person is taken into custody.

Added by Laws 1993, c. 205, § 1, eff. Sept. 1, 1993. Amended by Laws 1994, c. 290, § 33, eff. July 1, 1994; Laws 1995, c. 352, § 150, eff. July 1, 1995. Renumbered from § 1104.3 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Renumbered from § 7304-1.2 of Title 10 by Laws 2009, c. 234, § 185, emerg. eff. May 21, 2009.


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