Rule 5.03 - Detention DecisionSubdivision 1. Presumption for Unconditional Release. The child shall be released unless:
(A) the child would endanger self or others;(B) the child would not appear for a court hearing;(C) the child would not remain in the care or control of the person into whose lawful custody the child is released; or(D) the child's health or welfare would be immediately endangered. There is a presumption that a child will not appear for a court hearing when the person to whom the child is to be released refuses to sign a written promise to bring the child to court.
Subd. 2. Detention Factors. The following non-exclusive factors may justify a decision to detain a child:
(A) the child is charged with the misdemeanor, gross misdemeanor or felony offense of arson, assault, prostitution or a criminal sexual offense;(B) the child was taken into custody for an offense which would be a presumptive commitment to prison offense if committed by an adult, or a felony involving the use of a firearm;(C) the child was taken into custody for additional felony charges while other delinquency charges are pending;(D) the child was taken into custody for a felony and, as a result of prior delinquency adjudication(s), has received an out-of-home placement;(E) the child was an escapee from an institution or other placement facility to which the court ordered the child;(F) the child has a demonstrable recent record of willful failure to appear at juvenile proceedings;(G) the child is a fugitive from another jurisdiction; or(H) the above factors are not met but the detaining authority documents in writing, objective and articulable reasons why the child's welfare or public safety would be immediately endangered if the child were released. Subd. 3. Discretion to Release Even if One or More Factors are Met. Even if a child meets one or more of the factors in Rule 5.03, subdivisions 1 and 2, the detaining authority has broad discretion to release that child before the detention hearing if other less restrictive measures would be adequate.
Subd. 4. Factors Which Can Not Support Detention Decision. In deciding whether detention is justified, the detaining authority shall not consider the child or the child's family's race, color, gender, sexual orientation, religion, national origin, economic or public assistance status, family structure or residential mobility.