R547-13-4. General Rules

  (1) A youth age 10 or 11 may be detained in a secure detention facility if arrested for any felony violation of Section 76-3-203.5(c), violent felony

  (2) A youth age 12 or over may be detained in a secure detention facility if:

  (a) A youth is arrested for any of the following state or federal equivalent criminal offenses:

  (i) Any offense which would be a felony if committed by an adult;

  (ii) Any attempt, conspiracy, or solicitation to commit a felony offense;

  (iii) Any class A misdemeanor violation of 76-5 Part 1, offense against the person; assault and related offenses;

  (iv) Any class A or B misdemeanor violation of 76-10 Part 5, offenses against public health, safety, welfare, and morals; weapon offenses;

  (v) A class A misdemeanor violation of Section 76-5-206, negligent homicide;

  (vi) A class A misdemeanor violation of Section 58-37-8(1)(b)(iii), a controlled substance violation;

  (vii) Any criminal offense defined as domestic violence (cohabitant) by 77-36-1(4), and 78B-7-102(2) and (3);

  (viii) A class A or B misdemeanor violation of Section 76-6-104(1)(a) or (b), reckless burning which endangers human life;

  (ix) A class A misdemeanor violation of Section 76-6-105, causing a catastrophe;

  (x) A class A misdemeanor violation of Section 76-6-106(2)(b)(i)(a), criminal mischief involving tampering with property that endangers human life;

  (xi) A class A misdemeanor violation of Section 76-6-406, theft by extortion;

  (xii) A class A misdemeanor violation of Section 76-9-702.1, sexual battery;

  (xiii) A class A misdemeanor violation of Section 76-5-401.3(2)(c) or (d), unlawful adolescent sexual activity;

  (xiv) A class A misdemeanor violation of Section 76-9-702.5, lewdness involving a child;

  (xv) A class A misdemeanor violation of Section 76-9-702.7(1), voyeurism with recording device;

  (xvi) A class A misdemeanor violation of Section 41-6A-401.3(2), leaving the scene of an accident involving injury; and

  (xvii) A class A misdemeanor violation of Section 41-6A-503(1)(b)(i) or (ii), driving under the influence involving injury; driving under the influence with a passenger under 16 years of age.

  (b) The youth is an escapee or absconder from a Juvenile Justice Services secure facility or community placement.

  (c) The youth has been verified as a fugitive (absconder from probation or parole) or a runaway from another state and a formal request has been received (such as a TWX/National Crime Information Center (NCIC) or a telephone call/FAX/email from a law enforcement officer or a verified call/FAX/email from the institution) to hold, pending return to the other jurisdiction, whether or not an offense is currently charged.

  (3) A youth not otherwise qualified for admission to a secure detention facility shall not be detained for any of the following:

  (a) ungovernable or runaway behavior;

  (b) neglect, abuse, abandonment, dependency, or other status requiring protection for any other reason;

  (c) status offenses such as curfew, possession/consumption of alcohol, tobacco, minor-in-a-tavern, truancy; or

  (d) attempted suicide.

  (4) No youth under the age of ten years may be detained in a secure detention facility.