Code Section Group

Penal Code - PEN

PART 2. OF CRIMINAL PROCEDURE [681 - 1620]

  ( Part 2 enacted 1872. )

TITLE 10. MISCELLANEOUS PROCEEDINGS [1268 - 1424.5]

  ( Title 10 enacted 1872. )

CHAPTER 1.5. Pretrial Custody Status [1320.7 - 1320.34]

  ( Chapter 1.5 added by Stats. 2018, Ch. 244, Sec. 4. )

ARTICLE 3. Pretrial Assessment Services Investigation [1320.9- 1320.9.]
  ( Article 3 added by Stats. 2018, Ch. 244, Sec. 4. )

1320.9.
  

(a) Prior to arraignment, or prior to prearraignment review for those persons eligible for review, Pretrial Assessment Services shall obtain all of the following information regarding each detained person, other than those persons booked and released under Section 1320.8:

(1) The results of a risk assessment using a validated risk assessment instrument, including the risk score or risk level.

(2) The criminal charge for which the person was arrested and the criminal history of the person, including the person’s history of failure to appear in court within the past three years.

(3) Any supplemental information reasonably available that directly addresses the arrested person’s risk to public safety or risk of failure to appear in court as required.

(b) The district attorney shall make a reasonable effort to contact the victim for comment on the person’s custody status.

(c) Prior to prearraignment review pursuant to subdivision (a) or (b) of Section 1320.10 or Section 1320.13, or prior to arraignment, Pretrial Assessment Services shall prepare a report containing information obtained in accordance with subdivisions (a) and (b), and any recommendations for conditions of the person’s release. Options for conditions of release shall be established by the Judicial Council and set forth in the California Rules of Court. A copy of the report shall be served on the court and counsel.

(d) The report described in subdivision (c), including the results of a risk assessment using a validated risk assessment instrument, shall not be used for any purpose other than that provided for in this chapter.

(Added by Stats. 2018, Ch. 244, Sec. 4. (SB 10) Effective date (January 1, 2019) suspended pursuant to referendum petition. Effective only if Ch. 244 is approved as a referendum measure at the November 3, 2020, election.)

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