Section 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 and reasons for such
  finding.
    (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.
    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.