reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 603.5.

603.5. (a) Notwithstanding any other provision of law, in a county that adopts the provisions of this section, jurisdiction over the case of a minor alleged to have committed only a violation of the Vehicle Code classified as an infraction or a violation of a local ordinance involving the driving, parking, or operation of a motor vehicle, is with the superior court, except that the court may refer to the juvenile court for adjudication, cases involving a minor who has been adjudicated a ward of the juvenile court, or who has other matters pending in the juvenile court.
(b) The cases specified in subdivision (a) shall not be governed by the procedures set forth in the juvenile court law.
(c) Any provisions of juvenile court law requiring that confidentiality be observed as to cases and proceedings, prohibiting or restricting the disclosure of juvenile court records, or restricting attendance by the public at juvenile court proceedings shall not apply. The procedures for bail specified in Chapter 1 (commencing with Section 1268) of Title 10 of Part 2 of the Penal Code shall apply.
(d) The provisions of this section shall apply in a county in which the trial courts make the section applicable as to any matters to be heard and the court has determined that there is available funding for any increased costs.
(Amended by Stats. 2008, Ch. 56, Sec. 11. Effective January 1, 2009.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 604.

604. (a) Whenever a case is before any court upon an accusatory pleading and it is suggested or appears to the judge before whom the person is brought that the person charged was, at the date the offense is alleged to have been committed, under the age of 18 years, the judge shall immediately suspend all proceedings against the person on the charge. The judge shall examine into the age of the person, and if, from the examination, it appears to his or her satisfaction that the person was at the date the offense is alleged to have been committed under the age of 18 years, he or she shall immediately certify all of the following to the juvenile court of the county:
(1) That the person (naming him or her) is charged with a crime (briefly stating its nature).
(2) That the person appears to have been under the age of 18 years at the date the offense is alleged to have been committed, giving the date of birth of the person when known.
(3) That proceedings have been suspended against the person on the charge by reason of his or her age, with the date of the suspension.
The judge shall attach a copy of the accusatory pleading to the certification.
(b) When a court certifies a case to the juvenile court pursuant to subdivision (a), it shall be deemed that jeopardy has not attached by reason of the proceedings prior to certification, but the court may not resume proceedings in the case, nor may a new proceeding under the general law be commenced in any court with respect to the same matter unless the juvenile court has found that the minor is not a fit subject for consideration under the juvenile court law and has ordered that proceedings under the general law resume or be commenced.
(c) The certification and accusatory pleading shall be promptly transmitted to the clerk of the juvenile court. Upon receipt thereof, the clerk of the juvenile court shall immediately notify the probation officer who shall immediately proceed in accordance with Article 16 (commencing with Section 650).
(d) This section does not apply to any minor who may have a complaint filed directly against him or her in a court of criminal jurisdiction pursuant to Section 707.01.
(Amended by Stats. 1996, Ch. 481, Sec. 2. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 605.

605. Whenever a petition is filed in a juvenile court alleging that a minor is a person within the description of Section 602, and while the case is before the juvenile court, the statute of limitations applicable under the general law to the offense alleged to bring the minor within such description is suspended.
(Repealed and added by Stats. 1961, Ch. 1616.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 606.

606. When a petition has been filed in a juvenile court, the minor who is the subject of the petition shall not thereafter be subject to criminal prosecution based on the facts giving rise to the petition unless the juvenile court finds that the minor is not a fit and proper subject to be dealt with under this chapter and orders that criminal proceedings be resumed or instituted against him, or the petition is transferred to a court of criminal jurisdiction pursuant to subdivision (b) of Section 707.01.
(Amended by Stats. 1999, Ch. 996, Sec. 14. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 607.1.

607.1. (a) This section shall become operative on the 90th day after the enactment of the act adding this section.
(b) (1) Notwithstanding Section 607, the court shall retain jurisdiction as described in paragraph (2) over any person who meets both of the following criteria:
(A) The person has been discharged from the physical custody of a facility of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(B) The person is subject to subdivision (b) of Section 1766 or subdivision (c) of Section 1766.01.
(2) The court shall retain jurisdiction over a person who is described in paragraph (1) until one of the following applies:
(A) The person attains the age of 25 years.
(B) The court terminates jurisdiction pursuant to Section 778 or 779, or any other applicable law.
(C) Jurisdiction is terminated by operation of any other applicable law.
(Added by Stats. 2010, Ch. 729, Sec. 10. (AB 1628) Effective October 19, 2010. Section operative January 17, 2011, pursuant to subd. (a).)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 607.3.

607.3. On and after January 1, 2012, at the hearing required under Section 607.2 for a ward who is 18 years of age or older and subject to an order for foster care placement as described in Section 11402, the probation department shall complete all of the following actions:
(a) Ensure that the nonminor has been informed of his or her options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and the right to file a petition pursuant to subdivision (e) of Section 388 for the court to resume transition jurisdiction pursuant to Section 450.
(b) Ensure that the ward has had an opportunity to confer with his or her counsel.
(c) Ensure that the ward is present in court for the hearing, unless the ward has waived his or her right to appear in court and elects to appear by a telephone instead, or document the efforts it made to locate the ward when the ward is not available to appear at the hearing.
(d) Submit a report to the court describing all of the following:
(1) Whether it is in the ward’s best interest for a court to assume or continue transition jurisdiction over the ward as a nonminor dependent pursuant to Section 450.
(2) Whether the ward has indicated that he or she does not want juvenile court jurisdiction to continue.
(3) Whether the ward has been informed of his or her right to reenter foster care by completing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(e) Submit to the court the completed 90-day transition plan.
(f) Submit to the court written verification that the information, documents, and services set forth in paragraphs (1) to (8), inclusive, of subdivision (e) of Section 391 have been provided to the ward.
(g) Submit to the court written verification that the requirements set forth in Section 607.5 have been completed.
(Added by Stats. 2011, Ch. 459, Sec. 16. (AB 212) Effective October 4, 2011.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 607.5.

607.5. (a) Notwithstanding any other provision of law, whenever the juvenile court terminates jurisdiction over a ward who has also been designated a dependent of the court, or upon release of a ward from a facility that is not a foster care facility, a probation officer or parole officer shall provide the person with, at a minimum, all of the following:
(1) A written notice stating that the person is a former foster child and may be eligible for the services and benefits that are available to a former foster child through public and private programs, including, but not limited to, any independent living program for former foster children. Providing the proof of dependency and wardship document described in All-County Letter 07-33 and Section 31-525.6 of Chapter 31-500 of Division 31 of the State Department of Social Services Manual of Policies and Procedures, as it existed on January 1, 2010, shall satisfy this requirement.
(2) Existing information described in Section 31-525.61 of Chapter 31-500 of Division 31 of the State Department of Social Services Manual of Policies and Procedures, as it existed on January 1, 2010, that informs the person of the availability of assistance to enable the person to apply for, and gain acceptance into, federal and state programs that provide benefits to former foster children, including, but not limited to, financial assistance, housing, and educational resources for which he or she may be eligible.
(3) Existing information described in Section 31-525.61 of Chapter 31-500 of Division 31 of the State Department of Social Services Manual of Policies and Procedures, as it existed on January 1, 2010, that informs the person of the availability of assistance to enable the person to apply for, and gain acceptance into, federal and state programs that provide independent living services to youth 16 years of age and over who may be eligible for services.
(b) This section shall apply to any ward who was previously adjudged a dependent child of the court pursuant to Section 300 or a child who at any time has been placed in foster care pursuant to Section 727.
(c) Nothing in this section shall be interpreted to alter or amend the obligations of probation officers under current law.
(Added by Stats. 2010, Ch. 631, Sec. 2. (SB 945) Effective January 1, 2011.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 14 - Wards Jurisdiction › Section 608.

608. In any case in which a person is alleged to be a person described in Section 601 or 602, or subdivision (a) of Section 604, and the age of the person is at issue and the court finds that a scientific or medical test would be of assistance in determining the age of the person, the court may consider ordering an examination of the minor using the method described in “The Permanent Mandibular Third Molar” from the Journal of Forensic Odonto-Stomatology, Vol. 1: No. 1: January–June 1983.
(Added by Stats. 1990, Ch. 749, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 625.

625. A peace officer may, without a warrant, take into temporary custody a minor:
(a) Who is under the age of 18 years when such officer has reasonable cause for believing that such minor is a person described in Section 601 or 602, or
(b) Who is a ward of the juvenile court or concerning whom an order has been made under Section 636 or 702, when such officer has reasonable cause for believing that person has violated an order of the juvenile court or has escaped from any commitment ordered by the juvenile court, or
(c) Who is under the age of 18 years and who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment, hospitalization, or other remedial care.
In any case where a minor is taken into temporary custody on the ground that there is reasonable cause for believing that such minor is a person described in Section 601 or 602, or that he has violated an order of the juvenile court or escaped from any commitment ordered by the juvenile court, the officer shall advise such minor that anything he says can be used against him and shall advise him of his constitutional rights, including his right to remain silent, his right to have counsel present during any interrogation, and his right to have counsel appointed if he is unable to afford counsel.
(Amended by Stats. 1976, Ch. 1068.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 625.1.

625.1. Any minor who is taken into temporary custody pursuant to subdivision (a) of Section 625, when the peace officer has reasonable cause for believing the minor is a person described in Section 602, or pursuant to subdivision (b) or (c) of Section 625, may be requested to submit to voluntary chemical testing of his or her urine for the purpose of determining the presence of alcohol or illegal drugs. The peace officer shall inform the minor that the chemical test is voluntary. The results of this test may be considered by the court in determining the disposition of the minor pursuant to Section 706 or 777. Unless otherwise provided by law, the results of such a test shall not be the basis of a petition filed by the prosecuting attorney to declare the minor a person described in Section 602, nor shall it be the basis for such a finding by a court pursuant to Section 702.
(Added by Stats. 1989, Ch. 1117, Sec. 6.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 625.2.

625.2. (a) Before administering the chemical test pursuant to Section 625.1, the peace officer shall give the following admonition: “I am asking you to take a voluntary urine test to test for the presence of drugs or alcohol in your body. You have the right to refuse to take this test. If you do take the test, it cannot be used as the basis for filing any additional charges against you. It can be used by a court for the purpose of sentencing. You have the right to telephone your parent or guardian before you decide whether or not to take this test.”
(b) The admonition in subdivision (a) shall not be given when a chemical test is administered pursuant to Section 23612 of the Vehicle Code.
(Amended by Stats. 2019, Ch. 497, Sec. 294. (AB 991) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 625.3.

625.3. Notwithstanding Section 625, a minor who is 14 years of age or older and who is taken into custody by a peace officer for the personal use of a firearm in the commission or attempted commission of a felony or any offense listed in subdivision (b) of Section 707 shall not be released until that minor is brought before a judicial officer.
(Amended March 7, 2000, by initiative Proposition 21, Sec. 20.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 625.6.

625.6. (a) Prior to a custodial interrogation, and before the waiver of any Miranda rights, a youth 17 years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.
(b) The court shall, in adjudicating the admissibility of statements of a youth 17 years of age or younger made during or after a custodial interrogation, consider the effect of failure to comply with subdivision (a) and, additionally, shall consider any willful violation of subdivision (a) in determining the credibility of a law enforcement officer under Section 780 of the Evidence Code.
(c) This section does not apply to the admissibility of statements of a youth 17 years of age or younger if both of the following criteria are met:
(1) The officer who questioned the youth reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2) The officer’s questions were limited to those questions that were reasonably necessary to obtain that information.
(d) This section does not require a probation officer to comply with subdivision (a) in the normal performance of the probation officer’s duties under Section 625, 627.5, or 628.
(Amended by Stats. 2020, Ch. 335, Sec. 2. (SB 203) Effective January 1, 2021.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 625.7.

625.7. (a) During a custodial interrogation of a person 17 years of age or younger relating to the commission of a misdemeanor or felony, a law enforcement officer shall not employ threats, physical harm, deception, or psychologically manipulative interrogation tactics.
(b) As used in this section, the following terms have the following meanings:
(1) “Deception,” includes, but is not limited to, the knowing communication of false facts about evidence, misrepresenting the accuracy of the facts, or false statements regarding leniency.
(2) “Psychologically manipulative interrogation tactics” include, but are not limited to the following:
(A) Maximization and minimization and other interrogation practices that rely on a presumption of guilt or deceit.
(i) Under this section, maximization includes techniques to scare or intimidate the person by repetitively asserting the person is guilty despite their denials, or exaggerating the magnitude of the charges or the strength of the evidence, including suggesting the existence of evidence that does not exist.
(ii) Under this section, minimization involves minimizing the moral seriousness of the offense, a tactic that falsely communicates that the conduct is justified, excusable, or accidental.
(B) Making direct or indirect promises of leniency, such as indicating the person will be released if the person cooperates.
(C) Employing the “false” or “forced” choice strategy, where the person is encouraged to select one of two options, both incriminatory, but one is characterized as morally or legally justified or excusable.
(c) Subdivision (a) does not apply to interrogations of a person 17 years of age or younger if both of the following criteria are met:
(1) The law enforcement officer who questioned the person reasonably believed the information the officer sought was necessary to protect life or property from an imminent threat.
(2) The questions by law enforcement officers were limited to those questions that were reasonably necessary to obtain information related to the imminent threat.
(d) This section does not prevent an officer from using a lie detector test as long it is voluntary and was not obtained through the use of threats, physical harm, deception, or psychologically manipulative interrogation tactics as defined herein, and the officer does not suggest that the lie detector results are admissible in court or misrepresent the lie detector results to the person.
(e) This section shall become operative on July 1, 2024.
(f) For the purposes of this section, “custodial interrogation” shall have the same meaning as defined in Section 859.5 of the Penal Code.
(Added by Stats. 2022, Ch. 289, Sec. 1. (AB 2644) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 626.

626. An officer who takes a minor into temporary custody under the provisions of Section 625 may do any of the following:
(a) Release the minor.
(b) Deliver or refer the minor to a public or private agency with which the city or county has an agreement or plan to provide shelter care, counseling, or diversion services to minors so delivered. A placement of a child in a community care facility as specified in Section 1530.8 of the Health and Safety Code shall be made in accordance with Section 319.2 or 319.3, as applicable, and with paragraph (8) or (9) of subdivision (e) of Section 361.2, as applicable.
(c) Prepare in duplicate a written notice to appear before the probation officer of the county in which the minor was taken into custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor was taken into custody. The officer shall deliver one copy of the notice to the minor or to a parent, guardian, or responsible relative of the minor and may require the minor or the minor’s parent, guardian, or relative, or both, to sign a written promise to appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor. The officer shall, as soon as practicable, file one copy of the notice with the probation officer. The written notice to appear may require that the minor be fingerprinted, photographed, or both, upon the minor’s appearance before the probation officer, if the minor is a person described in Section 602 and he or she was taken into custody upon reasonable cause for the commission of a felony.
(d) Take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts take place or the circumstances exist which are alleged to bring the minor within the provisions of Section 601 or 602, and deliver the custody of the minor to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor into temporary custody and the reasons the minor was taken into custody and shall provide the statement to the probation officer at the time the minor is delivered to the probation officer. In no case shall the officer delay the delivery of the minor to the probation officer for more than 24 hours if the minor has been taken into custody without a warrant on the belief that the minor has committed a misdemeanor.
In determining which disposition of the minor to make, the officer shall prefer the alternative which least restricts the minor’s freedom of movement, provided that alternative is compatible with the best interests of the minor and the community.
(Amended by Stats. 2013, Ch. 21, Sec. 10. (AB 74) Effective June 27, 2013.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 626.5.

626.5. If an officer who takes a minor into temporary custody under the provisions of Section 625 determines that the minor should be brought to the attention of the juvenile court, he or she shall thereafter take one of the following actions:
(a) He or she may prepare in duplicate a written notice to appear before the probation officer of the county in which the minor was taken in custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor was taken into custody. The officer shall deliver one copy of the notice to the minor or to a parent, guardian, or responsible relative of the minor and may require the minor or his or her parent, guardian, or relative, or both, to sign a written promise that either or both will appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor. The officer shall, as soon as practicable, file one copy of the notice with the probation officer.
(b) He or she may take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts took place or the circumstances exist which are alleged to bring the minor within the provisions of Section 601 or 602, and deliver the custody of the minor to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor into temporary custody and the reasons the minor was taken into custody and shall provide that statement to the probation officer at the time the minor is delivered to the probation officer. In no case shall he or she delay the delivery of the minor to the probation officer for more than 24 hours if the minor has been taken into custody without a warrant on the belief that he or she has committed a misdemeanor.
In determining which disposition of the minor he or she will make, the officer shall prefer the alternative which least restricts the minor’s freedom of movement, provided that alternative is compatible with the best interests of the minor and the community.
(Amended by Stats. 1989, Ch. 878, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 626.6.

626.6. Notwithstanding Section 626.5, any peace officer who takes a minor who is 14 years of age or older into temporary custody under Section 625.3 shall take the minor without unnecessary delay before the probation officer of the county in which the minor was taken into custody, or in which the minor resides, or in which the acts took place or the circumstances exist which are alleged to bring the minor within the provisions of Section 602, and deliver the custody of the minor to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor into temporary custody and the reasons the minor was taken into custody and shall provide that statement to the probation officer at the time the minor is delivered to the probation officer.
(Added by Stats. 1996, Ch. 843, Sec. 2. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 626.8.

626.8. (a) Subdivisions (a) to (d), inclusive, paragraphs (1) and (2) of subdivision (e) and subdivision (g) of Section 859.5 of the Penal Code shall apply to any custodial interrogation of a person who is or who may be adjudged a ward of the juvenile court pursuant to Section 602 related to murder, as listed in paragraph (1) of subdivision (b) of Section 707.
(b) (1) Except as otherwise provided in paragraph (2), Article 22 (commencing with Section 825) shall apply to any electronic recording or other record made pursuant to this section.
(2) The interrogating entity shall maintain an original or exact copy of any electronic recording made of a custodial interrogation until the person is no longer subject to the jurisdiction of the juvenile court, unless the person is transferred to a court of criminal jurisdiction. If the person is transferred to a court of criminal jurisdiction, subdivision (f) of Section 859.5 of the Penal Code shall apply. The interrogating entity may make one or more true, accurate, and complete copies of the electronic recording in a different format.
(Added by Stats. 2013, Ch. 799, Sec. 3. (SB 569) Effective January 1, 2014.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 627.

627. (a) When an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement pursuant to this article, the officer shall take immediate steps to notify the minor’s parent, guardian, or a responsible relative that such minor is in custody and the place where the minor is being held.
(b) Immediately after being taken to a place of confinement pursuant to this article and, except where physically impossible, no later than one hour after the minor has been taken into custody, the minor shall be advised and has the right to make at least two telephone calls from the place where the minor is being held, one call completed to the minor’s parent or guardian, a responsible relative, or their employer, and another call completed to an attorney. The calls shall be at public expense, if the calls are completed to telephone numbers within the local calling area, and in the presence of a public officer or employee. Any public officer or employee who willfully deprives a minor taken into custody of their right to make such telephone calls is guilty of a misdemeanor.
(c) Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender or if there is no public defender, the indigent defense provider for the county, that the minor has been taken into custody.
(Amended by Stats. 2022, Ch. 289, Sec. 2. (AB 2644) Effective January 1, 2023.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 627.5.

627.5. In any case where a minor is taken before a probation officer pursuant to the provisions of Section 626 and it is alleged that such minor is a person described in Section 601 or 602, the probation officer shall immediately advise the minor and his parent or guardian that anything the minor says can be used against him and shall advise them of the minor’s constitutional rights, including his right to remain silent, his right to have counsel present during any interrogation, and his right to have counsel appointed if he is unable to afford counsel. If the minor or his parent or guardian requests counsel, the probation officer shall notify the judge of the juvenile court of such request and counsel for the minor shall be appointed pursuant to Section 634.
(Added by Stats. 1967, Ch. 1355.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 628.1.

628.1. If the minor meets one or more of the criteria for detention under Section 628, but the probation officer believes that 24-hour secure detention is not necessary in order to protect the minor or the person or property of another, or to ensure that the minor does not flee the jurisdiction of the court, the probation officer shall proceed according to this section.
Unless one of the conditions described in paragraph (1), (2), or (3) of subdivision (a) of Section 628 exists, the probation officer shall release such minor to his or her parent, guardian, or responsible relative on home supervision. As a condition for such release, the probation officer shall require the minor to sign a written promise that he or she understands and will observe the specific conditions of home supervision release. As an additional condition for release, the probation officer also shall require the minor’s parent, guardian, or responsible relative to sign a written promise, translated into a language the parent understands, if necessary, that he or she understands the specific conditions of home supervision release. These conditions may include curfew and school attendance requirements related to the protection of the minor or the person or property of another, or to the minor’s appearances at court hearings. A minor who violates a specific condition of home supervision release which he or she has promised in writing to obey may be taken into custody and placed in secure detention, subject to court review at a detention hearing.
A minor on home supervision shall be entitled to the same legal protections as a minor in secure detention, including a detention hearing.
(Amended by Stats. 1999, Ch. 996, Sec. 16. Effective January 1, 2000.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 628.2.

628.2. (a) As used in this section, the following definitions shall apply:
(1) “Minor” means a person under the jurisdiction of the juvenile court pursuant to Section 602.
(2) “Electronic monitoring” means technology used to identify, track, record, or otherwise monitor a minor’s location or movement through electronic means.
(b) Electronic monitoring devices shall not be used to converse with a minor or to eavesdrop or record any conversation.
(c) A minor shall be entitled to have one day credited against the minor’s maximum term of confinement for each day, or fraction thereof, that the minor serves on electronic monitoring. The provision of custody credits pursuant to this subdivision shall apply to custody credits earned beginning January 1, 2023.
(d) If electronic monitoring is imposed for a period greater than 30 days, the court shall hold a hearing no less than once every 30 days to ensure that the minor does not remain on electronic monitoring for an unreasonable length of time. In determining whether a length of time is unreasonable, the court shall consider whether there are less restrictive conditions of release that would achieve the rehabilitative purpose of the juvenile court. If less restrictive conditions of release are warranted, the court shall order removal of the electronic monitor or modify the terms of the electronic monitoring order to achieve the less restrictive alternative.
(e) The Department of Justice shall collect data regarding the use of electronic monitoring, as specified in Section 13012.4 of the Penal Code.
(Amended by Stats. 2023, Ch. 311, Sec. 26. (SB 883) Effective January 1, 2024.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 629.

629. (a) As a condition for the release of a minor pursuant to Section 628.1 and subject to Sections 631 and 632, the probation officer shall require the minor to sign, and may also require his or her parent, guardian, or relative to sign, a written promise to appear before the probation officer at the juvenile hall or other suitable place designated by the probation officer at a specified time.
(b) A minor who is 14 years of age or older who is taken into custody by a peace officer for the commission or attempted commission of a felony offense shall not be released until the minor has signed a written promise to appear before the probation officer at the juvenile hall or other suitable place designated by the peace officer, or has been given an order to appear at the juvenile court on a date certain. The peace officer may also require the minor’s parent, guardian, or relative to sign a written promise to appear at the same place designated for the minor.
(Amended by Stats. 2000, Ch. 663, Sec. 1. Effective January 1, 2001. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 629.1.

629.1. Notwithstanding Section 628 or 628.1, whenever a minor who is 14 years of age or older is delivered to the custody of the probation officer pursuant to Section 626.6, the probation officer shall retain the minor in custody until such time that the minor can be brought before a judicial officer of the juvenile court pursuant to Section 632.
(Added by Stats. 1996, Ch. 843, Sec. 3. Effective January 1, 1997.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 630.

630. (a) If the probation officer determines that the minor shall be retained in custody, he or she shall immediately proceed in accordance with Article 16 (commencing with Section 650) to cause the filing of a petition pursuant to Section 656 with the clerk of the juvenile court who shall set the matter for hearing on the detention calendar. Immediately upon filing the petition with the clerk of the juvenile court, if the minor is alleged to be a person described in Section 601 or 602, the probation officer or the prosecuting attorney shall serve the minor with a copy of the petition and notify him or her of the time and place of the detention hearing. The probation officer or the prosecuting attorney shall notify each parent or each guardian of the minor of the time and place of the hearing if the whereabouts of each parent or guardian can be ascertained by due diligence. Notice pursuant to this subdivision may be given orally and shall not be delivered electronically.
(b) In a hearing conducted pursuant to this section, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
(Amended by Stats. 2017, Ch. 319, Sec. 137. (AB 976) Effective January 1, 2018.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 630.1.

630.1. Upon reasonable notification by counsel representing the minor, his parents or guardian, the clerk of the court shall notify such counsel of the hearings in the manner provided for notice to the parent or guardian of the minor under this chapter.
(Added by Stats. 1967, Ch. 507.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 631.

631. (a) Except as provided in subdivision (b), whenever a minor is taken into custody by a peace officer or probation officer, except when the minor willfully misrepresents himself or herself as 18 or more years of age, the minor shall be released within 48 hours after having been taken into custody, excluding nonjudicial days, unless within that period of time a petition to declare the minor a ward has been filed pursuant to this chapter or a criminal complaint against the minor has been filed in a court of competent jurisdiction.
(b) Except when the minor represents himself or herself 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. In all cases involving the detention of a minor pursuant to this subdivision, 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. However, 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) Whenever 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.
(Amended by Stats. 1989, Ch. 686, Sec. 1.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 631.1.

631.1. When a minor willfully misrepresents himself to be 18 or more years of age when taken into custody by a peace officer or probation officer, and this misrepresentation effects a material delay in investigation which prevents the filing of a petition pursuant to the provisions of this chapter or the filing of a criminal complaint against him in a court of competent jurisdiction within 48 hours, such petition or complaint shall be filed within 48 hours from the time his true age is determined, excluding nonjudicial days. If, in such cases, the petition or complaint is not filed within the time prescribed by this section, the minor shall be immediately released from custody.
(Amended by Stats. 1972, Ch. 579.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 632.

632. (a) Except as provided in subdivision (b), unless sooner released, a minor taken into custody under the provisions of this article shall, as soon as possible but in any event before the expiration of the next judicial day after a petition to declare the minor a ward or dependent child has been filed, be brought before a judge or referee of the juvenile court for a hearing to determine whether the minor shall be further detained. Such a hearing shall be referred to as a “detention hearing.”
(b) Whenever a minor is taken into custody without a warrant on the belief that he or she has committed a misdemeanor not involving violence, a threat of violence, or possession or use of weapons, if the minor is not currently on probation or parole, he or she shall be brought before a judge or referee of the juvenile court for a detention hearing as soon as possible, but no later than 48 hours after having been taken into custody, excluding nonjudicial days, after a petition to declare the minor a ward has been filed. In all cases involving the detention of a minor pursuant to this subdivision where the minor will not be brought before the judge or referee of the juvenile court within 24 hours, the decision not to bring the minor before the judge or referee within 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 not be brought before the judge or referee within 24 hours. However, if the decision not to bring the minor before the judge or referee within 24 hours is made by a probation officer who is a supervisor, the decision shall not be subject to review and approval.
(c) If the minor is not brought before a judge or referee of the juvenile court within the period prescribed by this section, he or she shall be released from custody.
(Amended by Stats. 1989, Ch. 686, Sec. 2.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 633.

633. Upon his appearance before the court at the detention hearing, such minor and his parent or guardian, if present, shall first be informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of such minor and his parent or guardian to be represented at every stage of the proceedings by counsel.
(Repealed and added by Stats. 1961, Ch. 1616.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 15 - Wards Temporary Custody and Detention › Section 634.

634. When it appears to the court that the minor or his or her parent or guardian desires counsel but is unable to afford and cannot for that reason employ counsel, the court may appoint counsel. In a case in which the minor is alleged to be a person described in Section 601 or 602, the court shall appoint counsel for the minor if he or she appears at the hearing without counsel, whether he or she is unable to afford counsel or not, unless there is an intelligent waiver of the right of counsel by the minor. In any case in which it appears to the court that there is such a conflict of interest between a parent or guardian and child that one attorney could not properly represent both, the court shall appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or guardian. In a county where there is no public defender, the court may fix the compensation to be paid by the county for service of that appointed counsel.
(Amended by Stats. 2017, Ch. 678, Sec. 7. (SB 190) Effective January 1, 2018.)