(A) Notwithstanding any other provision of law, a juvenile may be held in custody pursuant to the provisions of this subchapter, but shall be incarcerated separately from any adult offender; provided, however, the arresting officer shall not be required to:
(1) Place a juvenile into custody as provided in this subchapter; or
(2) Place any other traffic offender into custody:
(a) Who is injured, disabled or otherwise incapacitated;
(b) If custodial arrest may require impoundment of a vehicle containing livestock, perishable cargo, or items requiring special maintenance or care; or
(c) If extraordinary circumstances exist which, in the judgment of the arresting officer, custodial arrest should not be made.
(B) In such cases, the arresting officer may designate the date and time for arraignment on the citation and release the person. If the person fails to appear without good cause shown, the Court may issue a warrant for the person’s arrest.
(C) The provisions of this section shall not be construed to:
(1) Create any duty on the part of the officer to release a person from custody;
(2) Create any duty on the part of the officer to make any inquiry or investigation relating to any condition which may justify release under this section; or
(3) Create any liability upon any officer, or the state or any political subdivision thereof, arising from the decision to release or not to release such person from custody pursuant to the provisions of this section.
(Prior Code, § 1-7-14)