Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 92. Taking into custody without process

(a) Any duly appointed peace officer may take into custody without process any child who in the opinion of the officer is within the jurisdiction of the juvenile and domestic relations division of the court. Such action shall not be construed as an arrest but shall be deemed a measure to protect the health, morals and well-being of the child.

(b) The officer taking the child into custody shall make immediate arrangements to have the child taken to his home where he shall be released in the custody of his parents, guardian, or custodian, upon the written promise of the parents, guardian, or custodian to assume responsibility for the presence of the child in court should a hearing be scheduled; or such child may be released in the custody of a probation officer or other person designated by the court.

(c) If it be impracticable to proceed as in paragraph (b) above, or if the nature of the offense is such as to require the immediate detention of the child, the officer taking the child into custody shall make immediate arrangements to have the child placed in a detention facility approved by the court.

(d) Whenever a child has been taken into custody in accordance with this rule, the officer taking the child into custody or his duly constituted superior officer shall proceed to file a complaint or preliminary notice with the court in accordance with Rule 90 or 91.

Explanatory Notes

Change of name of juvenile and domestic relations division. Act Sept. 24, 1983, No. 4855, ' 1, Sess. L. 1983, p. 138, repealed former Chapter 11 of Title 4 of the Virgin Islands Code, which established the juvenile and domestic relations division, and added a new Chapter 11, relating to the family division.

Statutory References

Criteria for detention, see 5 V.I.C ' 2514.

Detention hearing, see 5 V.I.C. ' 2516.

Place of detention, see 5 V.I.C. ' 2515.

Taking into custody, see 5 V.I.C. ' 2511.

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