Today's Law As Amended

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AB-2089 Juveniles: civil citation process.(2011-2012)

As Amends the Law Today


 Section 626 of the Welfare and Institutions Code is amended to read:

 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) Issue a civil citation to the minor under Section 626.2 if the minor is eligible to participate in the civil citation program.
(c) (d)  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) (e)  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.

SEC. 2.

 Section 626.2 is added to the Welfare and Institutions Code, to read:

 (a) An officer who takes a minor suspected of having committed a misdemeanor into temporary custody under the provisions of Section 625 may issue a civil citation against the minor if the minor has not previously committed an offense. Upon issuing a civil citation under this section, the officer shall notify the probation department of the county in which the civil citation was issued, the prosecutor, the minor’s parent or guardian, and the victim of the offense.
(b) The minor shall report to the county probation department within seven days after the civil citation was issued.
(c) The county probation department shall conduct a risk and needs assessment of the minor. Following that assessment, the probation department shall require the minor to serve no more than 50 hours of community service, and may require the minor to participate in intervention services, including counseling, substance abuse treatment, and mental health treatment. At the conclusion of the minor’s civil citation program, the probation department shall prepare and maintain a report of the minor’s participation in the program.
(d) If the minor fails to report to the probation department, fails to complete his or her community service hours, fails to comply with any assigned intervention services, or commits a subsequent offense, the probation department shall present the affidavit describing the facts constituting the original misdemeanor to the prosecuting attorney as provided by Section 653.5.
(e) The minor may elect to refuse the civil citation and to have his or her case processed as provided in Section 626 at any time before the minor’s civil citation program is completed.
SEC. 3.
 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.