§ 320.5. The initial appearance; release or detention. 1. At the
initial appearance, the court in its discretion may release the
respondent or direct his detention.

2. Rules of court shall define permissible terms and conditions of
release. The court may in its discretion release the respondent upon
such terms and conditions as it deems appropriate. The respondent shall
be given a written copy of any such terms and conditions. The court may
modify or enlarge such terms and conditions at any time prior to the
expiration of the respondent's release.

3. (a) The court shall not direct detention unless available
alternatives to detention, including conditional release, would not be
appropriate, and the court finds that unless the respondent is detained:

(i) there is a substantial probability that he or she will not appear
in court on the return date; or

(ii) there is a serious risk that he or she may before the return date
commit an act which if committed by an adult would constitute a crime.

(b) Any finding directing detention pursuant to paragraph (a) of this
subdivision made by the court shall state the facts, the level of risk
the youth was assessed pursuant to a detention risk assessment
instrument approved by the office of children and family services, and
the reasons for such finding including, if a determination is made to
place a youth in detention who was assessed at a low or medium risk on
such a risk assessment instrument, the particular reasons why detention
was determined to be necessary.

(c) If the court makes a finding that detention is necessary pursuant
to subparagraphs (i) and (ii) of paragraph (a) of this subdivision, the
court may consider, where applicable, as a condition of release,
electronic monitoring of the respondent, if such electronic monitoring
would significantly reduce the substantial probability that the
respondent would not return to court on the return date, or the serious
risk that the respondent may before the return date commit an act that
if committed by an adult would constitute a crime.

(d) If the respondent may be a sexually exploited child as defined in
subdivision one of section four hundred forty-seven-a of the social
services law, the court may direct the respondent to an available
short-term safe house as a condition of release.

4. At the initial appearance the presentment agency may introduce the
respondent's previous delinquency findings entered by a family court. If
the respondent has been fingerprinted for the current charge pursuant to
section 306.1, the presentment agency may also introduce the fingerprint
records maintained by the division of criminal justice services. The
clerk of court and the probation service shall cooperate with the
presentment agency in making available the appropriate records. At the
conclusion of the initial appearance such fingerprint records shall be
returned to the presentment agency and shall not be made a part of the
court record.

5. Upon a finding of facts and reasons which support a detention order
pursuant to subdivision three of this section, the court shall also
determine and state in any order directing detention:

(a) whether the continuation of the respondent in the respondent's
home would be contrary to the best interests of the respondent based
upon, and limited to, the facts and circumstances available to the court
at the time of the initial appearance; and

(b) where appropriate and consistent with the need for protection of
the community, whether reasonable efforts were made prior to the date of
the court appearance that resulted in the detention order issued in
accordance with this section to prevent or eliminate the need for
removal of the respondent from his or her home or, if the respondent had
been removed from his or her home prior to the initial appearance, where
appropriate and consistent with the need for protection of the
community, whether reasonable efforts were made to make it possible for
the respondent to safely return home.