Bill Text: CA SB821 | 2025-2026 | Regular Session | Amended
Bill Title: Criminal procedure: arraignment.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-02-02 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB821 Detail]
Download: California-2025-SB821-Amended.html
|
Amended
IN
Senate
April 02, 2025 |
| Introduced by Senator Arreguín |
February 21, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires any decision to detain a juvenile who is in custody under the belief that the juvenile has committed a misdemeanor, as specified, for more than 24 hours to be subject to written review and approval by a probation officer, as specified.
This bill would expand the above-described requirement for the written review and approval by the probation officer to all crimes for which the juvenile is in custody for more than 24 hours.
By imposing a higher level of service on prosecutors, public defenders, police, jails, and courthouses, this bill would impose a state-mandated local program.
The California Constitution requires
the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 849 of the Penal Code is amended to read:849.
(a) (1) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before the magistrate.(a)(1)(A)When a minor is taken into custody by a peace officer or probation officer, except when the minor willfully misrepresents themself as 18 or more years of age, the minor shall be released within 48 hours after having been taken into custody unless the court determines that probable cause exists pursuant to paragraph (2).
(2)Promptly, but no later than 48 hours after a minor is taken into custody, the court shall make a determination whether an offense has been committed and whether the minor in custody committed it.
(3)If a probable cause determination has not been made within 48 hours, the prosecution shall demonstrate the existence of a bona fide emergency or other extraordinary circumstance.
(4)The initial probable cause determination described in paragraph (2) may be based on sworn statements from the arresting officer, may be conducted in chambers or remotely by the court, and does not need to be an adversarial proceeding. The determination may also occur at a detention hearing described in Section 632 if that hearing occurs within 48 hours after the arrest.
(5)If the court makes an initial finding of no probable cause pursuant to paragraph (2), the court shall order the person to be released immediately, and shall immediately convey the order to the person having custody of the arrested person.
(6)(A)The court shall make a record of the initial determination of probable cause in the court file.
(B)The record shall include, but is not limited to, the initial determination of whether the arrest was supported by probable cause, the time of the arrest, the time of the initial determination of probable cause, and any materials relied on by the court in making the determination.
(7)An initial determination of probable cause made pursuant to this subdivision shall not be binding on the court in any future evidentiary proceeding to determine the existence of probable cause.
(b)(1)Except when the minor represents
themself as 18 or more years of age, whenever a minor is taken into custody by a peace officer or probation officer without a warrant on the belief that the minor has committed a misdemeanor that does not involve violence, the threat of violence, or possession or use of a weapon, and if the minor is not currently on probation or parole, the minor shall be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless a petition has been filed to declare the minor to be a ward of the court and the minor has been ordered detained by a judge or referee of the juvenile court pursuant to Section 635.
(2)(A)In all cases involving the detention of a minor pursuant to this section, any decision to detain the minor more than 24 hours shall be subject to written review and approval by a probation officer who is a supervisor as soon as possible after it is known that the minor will be detained more than 24 hours.
(B)If the initial decision to detain the minor more than 24 hours is made by a probation officer who is a supervisor, the decision shall not be subject to review and approval.
(c)If a minor who has been held in custody for more than 24 hours by the probation officer is subsequently released and no petition is filed, the probation officer shall prepare a written explanation of why the minor was held in custody for more than 24 hours. The written explanation shall be prepared within 72 hours after the minor is released from custody and filed in the record of the case. A copy of the written explanation shall be sent to the parents, guardian, or other person having care or custody of the minor.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
