SB 448: Juveniles: detention hearings.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-08
Current Status:
Passed
(2023-10-08: Chaptered by Secretary of State. Chapter 608, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill prevents juvenile courts from detaining a minor solely because of the county where the minor lives. It requires courts to give minors equal consideration for release to home supervision — with or without electronic monitoring — regardless of county, and bars basing detention on a youth’s status in the child welfare system or on the agency’s inability to find a placement.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minors welfare.
This bill would prohibit the court from basing the decision to detain solely on the minors county of residence and would require the court to give the minor equal consideration for release on home supervision. This bill would grant the court the authority to order the minor to be placed on home supervision, with or without electronic monitoring.
Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minors welfare.
This bill would prohibit the court from basing the decision to detain solely on the minors county of residence and would require the court to give the minor equal consideration for release on home supervision. This bill would grant the court the authority to order the minor to be placed on home supervision, with or without electronic monitoring.
Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minors welfare.
This bill would prohibit the court from basing the decision to detain solely on the minors county of residence. residence and would require the court to give the minor equal consideration for release on home supervision. This bill would grant the court the authority to order the minor to be placed on home supervision, with or without electronic monitoring.
Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minors welfare.
This bill would prohibit the court from basing the decision to detain solely on the minors county of residence.
Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minors welfare.
This bill would prohibit the court from basing the decision to detain on the minors county of residence.
(a)The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody.
(b)(1)The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained.
(2)The courts decision to detain shall be based on the above factors, and shall not be based solely on the minors county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minors county of residence.
(3)If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(c)(1)The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602.
(2)If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minors current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement.
(d)If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following:
(1)The reasons why the minor has been removed from the parents custody.
(2)Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300.
(3)The need, if any, for continued detention.
(4)The available services that could facilitate the return of the minor to the custody of the minors parents or guardians.
(5)Whether there are any relatives who are able and willing to provide effective care and control over the minor.
SEC. 2.Section 636 of the Welfare and Institutions Code is amended to read:636.(a)If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minors welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The courts decision to detain shall be based on the above factors, and shall not be based solely on the minors county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minors county of residence. If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(b)If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1.
(c)If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court documentation, as follows:
(1)Documentation that continuance in the home is contrary to the minors welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635.
(2)Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention.
(d)Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minors welfare and whether there are available services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision.
(1)If the minor can be returned to the custody of the minors parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minors parent or legal guardian and order that those services be provided.
(2)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officers report or other evidence relied upon to make its setting determinations:
(A)Whether continuance in the home of the parent or legal guardian is contrary to the minors welfare.
(B)Whether reasonable efforts have been made to safely maintain the minor in the home of the minors parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minors home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minors removal from the home.
(3)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall make the following orders:
(A)The probation officer shall provide services as soon as possible to enable the minors parent or legal guardian to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home.
(B)The minors placement and care shall be the responsibility of the probation department pending disposition or further order of the court.
(4)If the matter is set for rehearing pursuant to Section 637, or continued pursuant to Section 638, or continued for any other reason, the court shall find that the continuance of the minor in the parents or guardians home is contrary to the minors welfare at the initial petition hearing or order the release of the minor from custody.
(e)For a minor who is a dependent of the court pursuant to Section 300, the courts decision to detain the minor shall not be based on a finding that continuance in the minors current placement is contrary to the minors welfare. If the court determines that continuance in the minors current placement is contrary to the minors welfare, the court shall order the child welfare services department to place the minor in another licensed or approved placement.
(f)For a placement made on or after October 1, 2021, each placement of the minor in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(g)For a placement made on or after July 1, 2022, each placement of the minor in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(h)Whether the minor is returned home or detained, the court shall order the minors parent or guardian to cooperate with the probation officer in obtaining those services described in paragraph (1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).
(a)The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody.
(b)(1)The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained.
(2)The courts decision to detain shall be based on the above factors, and shall not be based solely on the minors county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minors county of residence.
(3)If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(c)(1)The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602.
(2)If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minors current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement.
(d)If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following:
(1)The reasons why the minor has been removed from the parents custody.
(2)Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300.
(3)The need, if any, for continued detention.
(4)The available services that could facilitate the return of the minor to the custody of the minors parents or guardians.
(5)Whether there are any relatives who are able and willing to provide effective care and control over the minor.
SEC. 2.Section 636 of the Welfare and Institutions Code is amended to read:636.(a)If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minors welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The courts decision to detain shall be based on the above factors, and shall not be based solely on the minors county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minors county of residence. If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(b)If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1.
(c)If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court documentation, as follows:
(1)Documentation that continuance in the home is contrary to the minors welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635.
(2)Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention.
(d)Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minors welfare and whether there are available services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision.
(1)If the minor can be returned to the custody of the minors parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minors parent or legal guardian and order that those services be provided.
(2)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officers report or other evidence relied upon to make its setting determinations:
(A)Whether continuance in the home of the parent or legal guardian is contrary to the minors welfare.
(B)Whether reasonable efforts have been made to safely maintain the minor in the home of the minors parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minors home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minors removal from the home.
(3)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall make the following orders:
(A)The probation officer shall provide services as soon as possible to enable the minors parent or legal guardian to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home.
(B)The minors placement and care shall be the responsibility of the probation department pending disposition or further order of the court.
(4)If the matter is set for rehearing pursuant to Section 637, or continued pursuant to Section 638, or continued for any other reason, the court shall find that the continuance of the minor in the parents or guardians home is contrary to the minors welfare at the initial petition hearing or order the release of the minor from custody.
(e)For a minor who is a dependent of the court pursuant to Section 300, the courts decision to detain the minor shall not be based on a finding that continuance in the minors current placement is contrary to the minors welfare. If the court determines that continuance in the minors current placement is contrary to the minors welfare, the court shall order the child welfare services department to place the minor in another licensed or approved placement.
(f)For a placement made on or after October 1, 2021, each placement of the minor in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(g)For a placement made on or after July 1, 2022, each placement of the minor in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(h)Whether the minor is returned home or detained, the court shall order the minors parent or guardian to cooperate with the probation officer in obtaining those services described in paragraph (1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).
(a)The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody.
(b)(1)The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained.
(2)The courts decision to detain shall be based on the above factors, and shall not be based solely on the minors county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minors county of residence.
(3)If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(c)(1)The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602.
(2)If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minors current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement.
(d)If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following:
(1)The reasons why the minor has been removed from the parents custody.
(2)Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300.
(3)The need, if any, for continued detention.
(4)The available services that could facilitate the return of the minor to the custody of the minors parents or guardians.
(5)Whether there are any relatives who are able and willing to provide effective care and control over the minor.
SEC. 2.Section 636 of the Welfare and Institutions Code is amended to read:636.(a)If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minors welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The courts decision to detain shall be based on the above factors, and shall not be based solely on the minors county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minors county of residence. If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(b)If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1.
(c)If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court documentation, as follows:
(1)Documentation that continuance in the home is contrary to the minors welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635.
(2)Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention.
(d)Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minors welfare and whether there are available services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision.
(1)If the minor can be returned to the custody of the minors parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minors parent or legal guardian and order that those services be provided.
(2)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officers report or other evidence relied upon to make its setting determinations:
(A)Whether continuance in the home of the parent or legal guardian is contrary to the minors welfare.
(B)Whether reasonable efforts have been made to safely maintain the minor in the home of the minors parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minors home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minors removal from the home.
(3)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall make the following orders:
(A)The probation officer shall provide services as soon as possible to enable the minors parent or legal guardian to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home.
(B)The minors placement and care shall be the responsibility of the probation department pending disposition or further order of the court.
(4)If the matter is set for rehearing pursuant to Section 637, or continued pursuant to Section 638, or continued for any other reason, the court shall find that the continuance of the minor in the parents or guardians home is contrary to the minors welfare at the initial petition hearing or order the release of the minor from custody.
(e)For a minor who is a dependent of the court pursuant to Section 300, the courts decision to detain the minor shall not be based on a finding that continuance in the minors current placement is contrary to the minors welfare. If the court determines that continuance in the minors current placement is contrary to the minors welfare, the court shall order the child welfare services department to place the minor in another licensed or approved placement.
(f)For a placement made on or after October 1, 2021, each placement of the minor in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(g)For a placement made on or after July 1, 2022, each placement of the minor in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(h)Whether the minor is returned home or detained, the court shall order the minors parent or guardian to cooperate with the probation officer in obtaining those services described in paragraph (1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).
(a)The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody.
(b)(1)The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained.
(2)The courts decision to detain shall not be based solely on the minors county of residence.
(3)If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(c)(1)The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602.
(2)If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minors current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement.
(d)If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following:
(1)The reasons why the minor has been removed from the parents custody.
(2)Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300.
(3)The need, if any, for continued detention.
(4)The available services that could facilitate the return of the minor to the custody of the minors parents or guardians.
(5)Whether there are any relatives who are able and willing to provide effective care and control over the minor.
SEC. 2.Section 636 of the Welfare and Institutions Code is amended to read:636.(a)If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minors welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The courts decision to detain shall not be based solely on the minors county of residence. If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(b)If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1.
(c)If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court documentation, as follows:
(1)Documentation that continuance in the home is contrary to the minors welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635.
(2)Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention.
(d)Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minors welfare and whether there are available services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision.
(1)If the minor can be returned to the custody of the minors parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minors parent or legal guardian and order that those services be provided.
(2)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officers report or other evidence relied upon to make its setting determinations:
(A)Whether continuance in the home of the parent or legal guardian is contrary to the minors welfare.
(B)Whether reasonable efforts have been made to safely maintain the minor in the home of the minors parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minors home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minors removal from the home.
(3)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall make the following orders:
(A)The probation officer shall provide services as soon as possible to enable the minors parent or legal guardian to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home.
(B)The minors placement and care shall be the responsibility of the probation department pending disposition or further order of the court.
(4)If the matter is set for rehearing pursuant to Section 637, or continued pursuant to Section 638, or continued for any other reason, the court shall find that the continuance of the minor in the parents or guardians home is contrary to the minors welfare at the initial petition hearing or order the release of the minor from custody.
(e)For a minor who is a dependent of the court pursuant to Section 300, the courts decision to detain the minor shall not be based on a finding that continuance in the minors current placement is contrary to the minors welfare. If the court determines that continuance in the minors current placement is contrary to the minors welfare, the court shall order the child welfare services department to place the minor in another licensed or approved placement.
(f)For a placement made on or after October 1, 2021, each placement of the minor in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(g)For a placement made on or after July 1, 2022, each placement of the minor in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(h)Whether the minor is returned home or detained, the court shall order the minors parent or guardian to cooperate with the probation officer in obtaining those services described in paragraph (1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).
(a)The court will examine the minor, his or her their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, his or her their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody.
(b)(1)The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained.
(2)The courts decision to detain shall not be based on the minors county of residence.
(2)(3)If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(c)(1)The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602.
(2)If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minors current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement.
(d)If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following:
(1)The reasons why the minor has been removed from the parents custody.
(2)Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300.
(3)The need, if any, for continued detention.
(4)The available services that could facilitate the return of the minor to the custody of the minors parents or guardians.
(5)Whether there are any relatives who are able and willing to provide effective care and control over the minor.
SEC. 2.Section 636 of the Welfare and Institutions Code is amended to read:636.(a)If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minors welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The courts decision to detain shall not be based on the minors county of residence. If a minor is a dependent of the court pursuant to Section 300, the courts decision to detain shall not be based on the minors status as a dependent of the court or the child welfare services departments inability to provide a placement for the minor.
(b)If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1.
(c)If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court documentation, as follows:
(1)Documentation that continuance in the home is contrary to the minors welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635.
(2)Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention.
(d)Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minors welfare and whether there are available services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision.
(1)If the minor can be returned to the custody of the minors parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minors parent or legal guardian and order that those services be provided.
(2)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officers report or other evidence relied upon to make its setting determinations:
(A)Whether continuance in the home of the parent or legal guardian is contrary to the minors welfare.
(B)Whether reasonable efforts have been made to safely maintain the minor in the home of the minors parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minors home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minors removal from the home.
(3)If the minor cannot be returned to the custody of the minors parent or legal guardian at the detention hearing, the court shall make the following orders:
(A)The probation officer shall provide services as soon as possible to enable the minors parent or legal guardian to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home.
(B)The minors placement and care shall be the responsibility of the probation department pending disposition or further order of the court.
(4)If the matter is set for rehearing pursuant to Section 637, or continued pursuant to Section 638, or continued for any other reason, the court shall find that the continuance of the minor in the parents or guardians home is contrary to the minors welfare at the initial petition hearing or order the release of the minor from custody.
(e)For a minor who is a dependent of the court pursuant to Section 300, the courts decision to detain the minor shall not be based on a finding that continuance in the minors current placement is contrary to the minors welfare. If the court determines that continuance in the minors current placement is contrary to the minors welfare, the court shall order the child welfare services department to place the minor in another licensed or approved placement.
(f)For a placement made on or after October 1, 2021, each placement of the minor in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(g)For a placement made on or after July 1, 2022, each placement of the minor in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 727.12.
(h)Whether the minor is returned home or detained, the court shall order the minors parent or guardian to cooperate with the probation officer in obtaining those services described in paragraph (1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).
|
Date
|
Status
|
|---|---|
| Oct 8, 2023 | Chaptered by Secretary of State. Chapter 608, Statutes of 2023. |
| Oct 8, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 13, 2023 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2740.) Ordered to engrossing and enrolling. |
| Sep 12, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 12, 2023 | Read third time. Passed. (Ayes 80. Noes 0. Page 3247.) Ordered to the Senate. |
| Sep 7, 2023 | Read third time and amended. |
| Sep 7, 2023 | Ordered to third reading. |
| Sep 7, 2023 | Assembly Rule 69 suspended. (Ayes 62. Noes 15. Page 3010.) |
| Jun 22, 2023 | Read second time. Ordered to consent calendar. |
| Jun 22, 2023 | Ordered to third reading. |
| Jun 22, 2023 | From consent calendar on motion of Assembly Member Reyes. |
| Jun 21, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 13. Noes 0.) (June 21). |
| Jun 13, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| Jun 8, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| May 11, 2023 | Referred to Com. on PUB. S. |
| May 1, 2023 | In Assembly. Read first time. Held at Desk. |
| May 1, 2023 | Read third time. Passed. (Ayes 37. Noes 0. Page 961.) Ordered to the Assembly. |
| Apr 25, 2023 | Read second time. Ordered to consent calendar. |
| Apr 24, 2023 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 14, 2023 | Set for hearing April 24. |
| Apr 11, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 659.) (April 11). Re-referred to Com. on APPR. |
| Mar 9, 2023 | Set for hearing April 11. |
| Feb 22, 2023 | Referred to Com. on PUB S. |
| Feb 14, 2023 | From printer. May be acted upon on or after March 16. |
| Feb 13, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | Unfinished Business SB448 Becker et al. Concurrence | Senate Floor |
Passed |
|
| Sep 12, 2023 | SB 448 Becker Senate Third Reading By Santiago | Assembly Floor |
Passed |
|
| Jun 21, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 13, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| May 1, 2023 | Consent Calendar SB448 Becker | Senate Floor |
Passed |
|
| Apr 11, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Attorneys For Criminal Justice | ** Support | |
| California Public Defenders Association | ** Support | |
| Childrens Defense Fund-CA | ** Support | |
| Childrens Initiative | ** Support | |
| Communities United for Restorative Youth Justice | ** Support | |
| Freedom 4 Youth | ** Support | |
| Fresh Lifelines for Youth | ** Support | |
| Fresno Barrios Unidos | ** Support | |
| Immigrant Legal Resource Center | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| Just Detention International | ** Support | |
| Pacific Juvenile Defender Center | ** Support | |
| San Francisco Public Defender | ** Support | |
| Santa Cruz Barrios Unidos | ** Support | |
| Young Women’s Freedom Center | ** Support | |
| Youth Law Center | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 448 |
UNFINISHED BUSINESS
Bill No: SB 448
Author: Becker (D), et al.
Amended: 9/7/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/11/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 37-0, 5/1/23 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO VOTE RECORDED: Blakespear, Glazer, Wilk
ASSEMBLY FLOOR: 80-0, 9/12/23 - See last page for vote
SUBJECT: Juveniles: detention hearings
SOURCE: Pacific Juvenile Defender Center
DIGEST:
This bill prohibits the juvenile court from basing the decision to detain a minor in custody solely on the minor’s county of residence.
Assembly Amendments require that a minor be given equal consideration for release on home supervision, which may include electronic monitoring, regardless of whether the minor lives in the county where the offense occurred.
ANALYSIS:
Existing law:
- Provides that, any minor who is between 12 and 17 years of age that violates any law of this state or of the United States or any ordinance of any city or county other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and may be adjudged to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (a).)
- Provides that a peace officer may, without a warrant, take into temporary custody a minor when there is reasonable cause for believing that such minor will be adjudged a ward of the court or charged with a criminal action, or that the minor has violated an order of the juvenile court or escaped from any commitment ordered by the juvenile court, or the minor is found in any street or public place suffering from any sickness or injury which requires medical treatment, hospitalization, or other remedial care. (Welf. & Inst. Code, § 625.)
- Provides that an officer who takes a minor into temporary custody may do any of the following: release the minor; 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, counseling, or diversion services; prepare a written notice to appear before the probation officer of the county in which the minor was taken into custody at a specified time and place; or take the minor without necessary delay before the probation officer of which the minor was taken into custody. (Welf. & Inst. Code, § 626.)
- Requires that, when an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement, the officer to take immediate steps to notify the minor’s parent, guardian, or a responsible relative that such minor is in custody and the place where he is being held. (Welf. & Inst. Code, § 627.)
- Requires the probation officer to immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody and immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare and one or more of the following conditions exist:
- Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another.
- The minor is likely to flee the jurisdiction of the court.
- The minor has violated an order of the juvenile court.
(Welf. & Inst. Code, § 628, subd. (a)(1).)
- Requires the probation officer to release a minor to his or her parent, guardian, or responsible relative on home supervision unless one of the above conditions exists. (Welf. & Inst. Code, § 628.1.)
- Requires, except as provided, that a minor taken into custody be brought before a judge or referee of the juvenile court for a hearing to determine whether the minor must be further detained as soon as possible and no later than the next judicial day after a petition has been filed. Provides that such a hearing be referred to as a “detention hearing.” (Welf. & Inst. Code, § 632, subd. (a).)
- Requires, upon the minor’s appearance before the court at the detention hearing, the minor and the minor’s parent or guardian, if present, to be informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of the minor to be represented at every stage of the proceedings by counsel. (Welf. & Inst. Code, § 633.)
- Provides that the court examine the minor, his or her parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, his or her parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court must make its order releasing the minor from custody. (Welf. & Inst. Code, § 635, subd. (a).)
- Provides that the circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).)
- Provides that if a minor is a dependent of the court, as defined, the court is prohibited from basing the decision to detain on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
- Requires the court to order the release of the minor from custody unless a prima facie showing has been made that the minor will be adjudged a ward of the court or charged with a criminal action. (Welf. & Inst. Code, § 635, subd. (c)(1).)
- Provides that if it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court, or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days. Requires the court to enter the order together with its findings of fact in support in the records of the court. (Welf. & Inst. Code, § 636, subd. (a).)
This bill:
- Prohibits the juvenile court from basing the decision to detain a minor in custody solely on the minor’s county of residence.
- Requires a minor to be given equal consideration for release on home supervision, which may include electronic monitoring, regardless of whether the minor lives in the county where the offense occurred. Specifies that the juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence.
Background
When a minor is taken into custody, the minor must be taken before a juvenile court judge or referee for a hearing to determine whether the minor must be further detained. (Welf. & Inst. Code, § 632, subd. (a).) The detention hearing must take place as soon as possible and no later than the next judicial day after a petition has been filed with the court. (Id.) At the detention hearing, the minor and the minor’s parent or guardian are informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of the minor and the minor’s parents or guardian to be represented at every stage of the proceedings by an attorney. (Welf. & Inst. Code, § 633.) During the detention hearing, the court will question the minor, the minor’s parent or legal guardian, or other individuals with relevant knowledge, and hear relevant evidence the minor, the minor’s parent or legal guardian, or their attorney presents. (Welf. & Inst. Code, § 635, subd. (a).)
The court is required to order the release of the minor from custody unless the court finds that the prosecutor has made a prima facie case that the minor has committed a crime and that one of the following is true: the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court. (Welf. & Inst. Code, § 635, subds. (a), (c).) The court may consider the circumstances and gravity of the alleged offense, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).) If the minor is a dependent of the court under section 300, the court is prohibited from basing the decision to detain on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
If the court finds that the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court, and continuance in the home is contrary to the minor’s welfare, the court may order the minor detained in juvenile hall or another suitable placement. (Welf. & Inst. Code, § 636, subd. (a).) If the court finds that 24-hour supervision is not necessary, the minor must be released on home supervision. (Welf. & Inst. Code, §§ 628.1, 636, subd. (b).)
Proponents of this bill argue that youth who are accused of committing crimes outside of their county of residence are regularly being detained solely due to their out-of-county status when they otherwise would not be detained and instead, would be placed on home detention or subject to electronic monitoring. This bill is designed to address that issue by prohibiting the juvenile court’s decision to detain the minor from being based solely on the minor’s county of residence.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, no significant state costs. Potential savings for county juvenile detention facilities to the extent the bill reduces the number of minors who are held in county custody. Actual savings will depend on the discretion of judges who make custody determinations in individual juvenile cases.
SUPPORT: (Verified 9/11/23)
Pacific Juvenile Defender Center (source)
California Attorneys for Criminal Justice
California Public Defenders Association
Children’s Defense Fund-CA
Children’s Initiative
Communities United for Restorative Youth Justice
Freedom 4 Youth
Fresh Lifelines for Youth
Fresno Barrios Unidos
Immigrant Legal Resource Center
John Burton Advocates for Youth
Just Detention International
San Francisco Public Defender
Santa Cruz Barrios Unidos
Young Women’s Freedom Center
Youth Law Center
OPPOSITION: (Verified 9/11/23)
None received
ASSEMBLY FLOOR: 80-0, 9/12/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
Prepared by: Stephanie Jordan / PUB. S. /
9/12/23 19:45:08
**** END ****
SENATE THIRD READING
STR Bill Id:SB 448
Author:(Becker)
As Amended Ver:September 7, 2023
Majority vote
SUMMARY
Prohibits the juvenile court from detaining a minor in custody solely because of the minor's county of residence and requires the court to give equal consideration to release on home supervision, regardless of the minor's county of residence.
Major Provisions
- Prohibits the juvenile court from detaining a minor in custody solely because of the minor's county of residence.
- Requires the juvenile court to give a minor equal consideration for release on home supervision, rather than detention, irrespective of whether the minor lives in the same county in which the offense occurred.
- Authorizes the juvenile court to order a minor placed on home supervision with or without electronic monitoring regardless of the minor's county of residence.
COMMENTS
According to the Author
"Some children involved with the juvenile justice system are separated from their families, their education, and their communities, solely due to their zip code. This injustice happens at an increased level for children in urban counties, as they often fall on county boundaries, and cross county lines for school or work needs.
"The current juvenile courts system considers several factors in the decision to detain children, including the gravity of the alleged offense and county of residence. When children are detained outside of their county, juvenile courts cannot exercise the same discretion on probation alternatives because these programs are provided by each county.
"Because of this, children who are arrested and detained out of their county of residence are likely to remain detained for several weeks until their cases have a detention hearing, even if it was a minor offense.
"SB 448 will restore equity in alternatives to detention for children in the juvenile justice system. The Equity for Youth in Detention Act removes county of residence as a determining factor for youth detention, creates equal treatment of all children, and allows judges to refocus on the purpose of the juvenile justice system: the best interests of the child."
Arguments in Support
According to the Pacific Juvenile Defender Center, a co-sponsor of this bill, "Under the current law, a juvenile court shall release a detained youth from custody unless after considering certain factors the court determines that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor remain in custody. Typically, this finding is not applied to out-of-county youths. Out-of-county youths, who are detained, even for minor offenses, are likely to remain in custody until their cases are adjudicated. Simply, the youths remain in custody because their residence is out of the county.
"Out-of-county youths in custody are rarely considered for less restrictive alternatives programs to incarceration, such as electronic monitoring or community release supervision programs. The same youths would have qualified for such alternative release programs had they been residents of the county they are detained in. Instead, out-of-county youths remain in custody until their cases are adjudicated, which in some instances could take weeks. As a result, the youths are unnecessarily separated from their families for extended periods of time, disrupting their schooling, ties to their community, and inflicting unnecessary trauma.
"To illustrate the issue at hand, if a youth who resides on the southern end of Mission Street, located in the City and County of San Francisco, is arrested for a minor offense while playing at Lincoln Park, the neighborhood park that is located in San Mateo County, the youth is unlikely to be released from custody prior to the adjudication of the case simply because the youth is a San Francisco County resident. On the other hand, if this youth was a resident of San Mateo County, the youth would be released on community supervision program or electronic monitoring pending the adjudication of the case. This problem is not limited to these two counties, but it exists throughout the state…
"The intent behind SB 448 is to address this inadequacy by prohibiting juvenile judges from basing their decision to detain youths on the youths' county of residence. The concept in SB 448 is not new. SB 448 is patterned after the existing language in Welfare and Institutions Code section 635, which provides that: 'if a minor is a dependent of the court pursuant to Section 300, the court's decision to detain shall not be based on the minor's status as a dependent of the court or the child welfare services department's inability to provide placement for the minor.'
"Just as the court cannot base their detention decision based on the youth's dependent status or lack of placement, the court shall not base its decision to detain based on the youth's county of residence due to the lack of services or alternative programs to detention."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "No significant state costs. Potential savings for county juvenile detention facilities to the extent the bill reduces the number of minors who are held in county custody. Actual savings will depend on the discretion of judges who make custody determinations in individual juvenile cases."
VOTES
SENATE FLOOR: 37-0-3
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
ABS, ABST OR NV: Blakespear, Glazer, Wilk
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 13-0-3
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Mathis, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Lowenthal, Papan
UPDATED
VERSION: September 7, 2023
CONSULTANT: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001926
SENATE THIRD READING
STR Bill Id:SB 448
Author:(Becker)
As Amended Ver:June 8, 2023
Majority vote
SUMMARY
Prohibits the juvenile court from detaining a minor in custody solely because of the minor's county of residence.
Major Provisions
.
COMMENTS
According to the Author
According to the author, "Some children involved with the juvenile justice system are separated from their families, their education, and their communities, solely due to their zip code. This injustice happens at an increased level for children in urban counties, as they often fall on county boundaries, and cross county lines for school or work needs.
"The current juvenile courts system considers several factors in the decision to detain children, including the gravity of the alleged offense and county of residence. When children are detained outside of their county, juvenile courts cannot exercise the same discretion on probation alternatives because these programs are provided by each county.
"Because of this, children who are arrested and detained out of their county of residence are likely to remain detained for several weeks until their cases have a detention hearing, even if it was a minor offense.
"SB 448 will restore equity in alternatives to detention for children in the juvenile justice system. The Equity for Youth in Detention Act removes county of residence as a determining factor for youth detention, creates equal treatment of all children, and allows judges to refocus on the purpose of the juvenile justice system: the best interests of the child."
Arguments in Support
According to the Pacific Juvenile Defender Center, a co-sponsor of this bill, "Under the current law, a juvenile court shall release a detained youth from custody unless after considering certain factors the court determines that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor remain in custody. Typically, this finding is not applied to out-of-county youths. Out-of-county youths, who are detained, even for minor offenses, are likely to remain in custody until their cases are adjudicated. Simply, the youths remain in custody because their residence is out of the county.
"Out-of-county youths in custody are rarely considered for less restrictive alternatives programs to incarceration, such as electronic monitoring or community release supervision programs. The same youths would have qualified for such alternative release programs had they been residents of the county they are detained in. Instead, out-of-county youths remain in custody until their cases are adjudicated, which in some instances could take weeks. As a result, the youths are unnecessarily separated from their families for extended periods of time, disrupting their schooling, ties to their community, and inflicting unnecessary trauma.
"To illustrate the issue at hand, if a youth who resides on the southern end of Mission Street, located in the City and County of San Francisco, is arrested for a minor offense while playing at Lincoln Park, the neighborhood park that is located in San Mateo County, the youth is unlikely to be released from custody prior to the adjudication of the case simply because the youth is a San Francisco County resident. On the other hand, if this youth was a resident of San Mateo County, the youth would be released on community supervision program or electronic monitoring pending the adjudication of the case. This problem is not limited to these two counties, but it exists throughout the state….
"The intent behind SB 448 is to address this inadequacy by prohibiting juvenile judges from basing their decision to detain youths on the youths' county of residence. The concept in SB 448 is not new. SB 448 is patterned after the existing language in Welfare and Institutions Code section 635, which provides that: 'if a minor is a dependent of the court pursuant to Section 300, the court's decision to detain shall not be based on the minor's status as a dependent of the court or the child welfare services department's inability to provide placement for the minor.'
"Just as the court cannot base their detention decision based on the youth's dependent status or lack of placement, the court shall not base its decision to detain based on the youth's county of residence due to the lack of services or alternative programs to detention."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "No significant state costs. Potential savings for county juvenile detention facilities to the extent the bill reduces the number of minors who are held in county custody. Actual savings will depend on the discretion of judges who make custody determinations in individual juvenile cases."
VOTES
SENATE FLOOR: 37-0-3
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
ABS, ABST OR NV: Blakespear, Glazer, Wilk
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 13-0-3
YES: Holden, Megan Dahle, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Mathis, Pellerin, Robert Rivas, Sanchez, Weber, Wilson
ABS, ABST OR NV: Bryan, Lowenthal, Papan
UPDATED
VERSION: June 8, 2023
CONSULTANT: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001094
Date of Hearing: June 21, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 448
Author:(Becker) – As Amended Ver:June 8, 2023
Policy Committee: | Public Safety | Vote: | 8 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill prohibits a juvenile court judge from detaining a juvenile in custody solely because of the juvenile’s county of residence.
FISCAL EFFECT:
No significant state costs. Potential savings for county juvenile detention facilities to the extent the bill reduces the number of minors who are held in county custody. Actual savings will depend on the discretion of judges who make custody determinations in individual juvenile cases.
COMMENTS:
- Author’s Statement. According to the author:
The Equity for Youth in Detention Act [SB 448] removes county of residence as a determining factor for youth detention, creates equal treatment of all children, and allows judges to refocus on the purpose of the juvenile justice system: the best interests of the child.
- Background. Generally, when a juvenile is taken into custody for a criminal offense, the juvenile must go before a juvenile court judge or referee to determine whether they should continue to be detained. At a detention hearing, the judge must issue an order releasing the juvenile from custody unless it appears that the juvenile has violated an order of the juvenile court, has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained, or that the minor is likely to flee to avoid the jurisdiction of the court. In making a custody determination, current law requires the judge to consider the probation officer’s report and any other evidence, allows the judge to question the juvenile and their family, and allows the judge to consider the circumstances and gravity of the alleged offense.
This bill would prohibit a judge from deciding to detain a juvenile solely based on the juvenile’s county of residence. According to supporters of this bill, juveniles who are detained in a county other than their county of residence are often detained until their offenses are adjudicated, even if those offenses are minor, simply because they live in another location. As a result, those juveniles are separated from their families, schools, and communities pending adjudication of their cases, which can significantly harm negative the juveniles.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: June 13, 2023
Chief Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 448
Author:(Becker) – As Amended Ver:June 8, 2023
SUMMARY: Prohibits the juvenile court from detaining a minor in custody solely because of the minor’s county of residence.
EXISTING LAW:
- Provides that a peace officer may take a minor into temporary custody when there is reasonable cause to believe that the minor will be adjudged a ward of the court or charged with a criminal action, or that the minor has violated an order of the juvenile court or escaped from any commitment ordered by the juvenile court, or if the minor is found in any street or public place suffering from any sickness or injury which requires medical treatment, hospitalization, or other remedial care. (Welf. & Inst. Code, § 625.)
- Provides that an officer who takes a minor into temporary custody may do any of the following:
- Release the minor;
- 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, counseling, or diversion services;
- Prepare a written notice to appear before the probation officer of the county in which the minor was taken into custody at a specified time and place; or,
- Take the minor without necessary delay before the probation officer of the county in which the minor was taken into custody. (Welf. & Inst. Code, § 626.)
- Release the minor;
- Requires that when an officer takes a minor before a probation officer at a juvenile hall or any other place of confinement, they take immediate steps to notify the minor’s parent, guardian, or a responsible relative that such minor is in custody. (Welf. & Inst. Code, § 627.)
- Requires the probation officer to immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody and immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare based on the existence of one or more of the following conditions:
- Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another;
- The minor is likely to flee the jurisdiction of the court; or,
- The minor has violated an order of the juvenile court. (Welf. & Inst. Code, § 628, subd. (a)(1).)
- Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another;
- Requires the probation officer to release a minor to their parent, guardian, or responsible relative on home supervision unless one of the above conditions exists. (Welf. & Inst. Code, § 628.1.)
- Requires, except as provided, that a minor taken into custody be brought before a juvenile court judge or referee for a hearing to determine whether the minor must be further detained as soon as possible and no later than the next judicial day after a petition has been filed. This is known as a “detention hearing.” (Welf. & Inst. Code, § 632, subd. (a).)
- Requires, upon the minor’s appearance before the court at the detention hearing, the minor and the minor’s parent or guardian, if present, to be informed of the reasons why the minor was taken into custody, the nature of the juvenile proceedings, and the right of the minor to be represented by counsel at every stage of the proceedings. (Welf. & Inst. Code, § 633.)
- Requires that, unless it appears that the minor has violated a juvenile court order, or has escaped from a juvenile court commitment, or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the another person or their property that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court, the court order the minor released from custody. (Welf. & Inst. Code, § 635, subd. (a).)
- Allows consideration of the circumstances and gravity of the alleged offense, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of another person or their property that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).)
- Prohibits the court from basing the decision to detain on the minor’s status as a dependent of the court, or on the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
- Requires the court to order the release of the minor unless a prima facie showing has been made that the minor will be adjudged a ward of the court or charged with a criminal action. (Welf. & Inst. Code, § 635, subd. (c)(1).)
- Provides that if it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court, or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days. Requires the court to enter the order together with its findings of fact in support in the records of the court. (Welf. & Inst. Code, § 636, subd. (a).)
FISCAL EFFECT:
COMMENTS:
- Author's Statement: According to the author, “Some children involved with the juvenile justice system are separated from their families, their education, and their communities, solely due to their zip code. This injustice happens at an increased level for children in urban counties, as they often fall on county boundaries, and cross county lines for school or work needs.
“The current juvenile courts system considers several factors in the decision to detain children, including the gravity of the alleged offense and county of residence. When children are detained outside of their county, juvenile courts cannot exercise the same discretion on probation alternatives because these programs are provided by each county.
“Because of this, children who are arrested and detained out of their county of residence are likely to remain detained for several weeks until their cases have a detention hearing, even if it was a minor offense.
“SB 448 will restore equity in alternatives to detention for children in the juvenile justice system. The Equity for Youth in Detention Act removes county of residence as a determining factor for youth detention, creates equal treatment of all children, and allows judges to refocus on the purpose of the juvenile justice system: the best interests of the child.”
- Detention Hearings: When a minor is taken into custody, the minor must be taken before a juvenile court judge or referee for a hearing to determine whether they should continue to be detained. (Welf. & Inst. Code, § 632, subd. (a).) The detention hearing must take place as soon as possible and no later than the next judicial day after a petition has been filed with the court. (Ibid.) At the detention hearing, the court must consider the probation officer’s report, and any other evidence. The court may question the minor, the minor’s parent or legal guardian, or other person with relevant knowledge pertaining to the minor. (Welf. & Inst. Code, §§ 635, subd. (a).)
The court is required to order the release of the minor from custody unless the court finds that the prosecutor has made a prima facie case that the minor has committed a crime and that one of the following is true: the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court. (Welf. & Inst. Code, § 635, subds. (a), (c).) The court may consider the circumstances and gravity of the alleged offense, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).) If the minor is a dependent of the court under section 300, the court is prohibited from basing the decision to detain on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
If the court finds that the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court, and continuance in the home is contrary to the minor’s welfare, the court may order the minor detained in juvenile hall or another suitable placement. (Welf. & Inst. Code, § 636, subd. (a).) If the court finds that 24-hour supervision is not necessary, the minor must be released on home supervision. (Welf. & Inst. Code, §§ 628.1, 636, subd. (b).)
Proponents of this bill argue that youth who are accused of committing crimes outside of their county of residence are regularly being detained solely due to their out-of-county status when they otherwise would not be detained and instead, would be placed on home detention or subject to electronic monitoring. This bill is designed to address that issue by prohibiting the juvenile court’s decision to detain the minor from being based solely on the minor’s county of residence. - Argument in Support: According to the Pacific Juvenile Defender Center, a co-sponsor of this bill, “Under the current law, a juvenile court shall release a detained youth from custody unless after considering certain factors the court determines that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor remain in custody. Typically, this finding is not applied to out-of-county youths. Out-of-county youths, who are detained, even for minor offenses, are likely to remain in custody until their cases are adjudicated. Simply, the youths remain in custody because their residence is out of the county.
“Out-of-county youths in custody are rarely considered for less restrictive alternatives programs to incarceration, such as electronic monitoring or community release supervision programs. The same youths would have qualified for such alternative release programs had they been residents of the county they are detained in. Instead, out-of-county youths remain in custody until their cases are adjudicated, which in some instances could take weeks. As a result, the youths are unnecessarily separated from their families for extended periods of time, disrupting their schooling, ties to their community, and inflicting unnecessary trauma.
“To illustrate the issue at hand, if a youth who resides on the southern end of Mission Street, located in the City and County of San Francisco, is arrested for a minor offense while playing at Lincoln Park, the neighborhood park that is located in San Mateo County, the youth is unlikely to be released from custody prior to the adjudication of the case simply because the youth is a San Francisco County resident. On the other hand, if this youth was a resident of San Mateo County, the youth would be released on community supervision program or electronic monitoring pending the adjudication of the case. This problem is not limited to these two counties, but it exists throughout the state….
“The intent behind SB 448 is to address this inadequacy by prohibiting juvenile judges from basing their decision to detain youths on the youths’ county of residence. The concept in SB 448 is not new. SB 448 is patterned after the existing language in Welfare and Institutions Code section 635, which provides that: ‘if a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide placement for the minor.’
“Just as the court cannot base their detention decision based on the youth’s dependent status or lack of placement, the court shall not base its decision to detain based on the youth’s county of residence due to the lack of services or alternative programs to detention.”
REGISTERED SUPPORT / OPPOSITION:
Support
Fresh Lifelines for Youth (Co-Sponsor)
Pacific Juvenile Defender Center (Co-Sponsor)
California Attorneys for Criminal Justice
California Public Defenders Association
Children's Defense Fund - CA
Children's Initiative
Communities United for Restorative Youth Justice
Freedom 4 Youth
Fresno Barrios Unidos
Immigrant Legal Resource Center
John Burton Advocates for Youth
Just Detention International
San Francisco Public Defender
Santa Cruz Barrios Unidos
Young Women's Freedom Center
Youth Law Center
Opposition
None submitted
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 448 |
CONSENT
Bill No: SB 448
Author: Becker (D)
Introduced: 2/13/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/11/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Juveniles: detention hearings
SOURCE: Pacific Juvenile Defender Center
DIGEST:
This bill prohibits the juvenile court from basing the decision to detain a minor in custody on the minor’s county of residence.
ANALYSIS:
Existing law:
- Provides that, any minor who is between 12 and 17 years of age that violates any law of this state or of the United States or any ordinance of any city or county other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and may be adjudged to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (a).)
- Provides that a peace officer may, without a warrant, take into temporary custody a minor when there is reasonable cause for believing that such minor will be adjudged a ward of the court or charged with a criminal action, or that the minor has violated an order of the juvenile court or escaped from any commitment ordered by the juvenile court, or the minor is found in any street or public place suffering from any sickness or injury which requires medical treatment, hospitalization, or other remedial care. (Welf. & Inst. Code, § 625.)
- Provides that an officer who takes a minor into temporary custody may do any of the following: release the minor; 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, counseling, or diversion services; prepare a written notice to appear before the probation officer of the county in which the minor was taken into custody at a specified time and place; or take the minor without necessary delay before the probation officer of which the minor was taken into custody. (Welf. & Inst. Code, § 626.)
- Requires, when an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement, the officer take immediate steps to notify the minor’s parent, guardian, or a responsible relative that such minor is in custody and the place where he is being held. (Welf. & Inst. Code, § 627.)
- Requires the probation officer to immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody and immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare and one or more of the following conditions exist:
- Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another.
- The minor is likely to flee the jurisdiction of the court.
- The minor has violated an order of the juvenile court.
(Welf. & Inst. Code, § 628, subd. (a)(1).)
- Requires the probation officer to release a minor to his or her parent, guardian, or responsible relative on home supervision unless one of the above conditions exists. (Welf. & Inst. Code, § 628.1.)
- Requires, except as provided, that a minor taken into custody be brought before a judge or referee of the juvenile court for a hearing to determine whether the minor must be further detained as soon as possible and no later than the next judicial day after a petition has been filed. Provides that such a hearing be referred to as a “detention hearing.” (Welf. & Inst. Code, § 632, subd. (a).)
- Requires, upon the minor’s appearance before the court at the detention hearing, the minor and the minor’s parent or guardian, if present, to be informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of the minor to be represented at every stage of the proceedings by counsel. (Welf. & Inst. Code, § 633.)
- Provides that the court examine the minor, his or her parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, his or her parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court must make its order releasing the minor from custody. (Welf. & Inst. Code, § 635, subd. (a).)
- Provides that the circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).)
- Provides that if a minor is a dependent of the court, as defined, the court is prohibited from basing the decision to detain on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
- Requires the court to order the release of the minor from custody unless a prima facie showing has been made that the minor will be adjudged a ward of the court or charged with a criminal action. (Welf. & Inst. Code, § 635, subd. (c)(1).)
- Provides that if it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court, or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days. Requires the court to enter the order together with its findings of fact in support in the records of the court. (Welf. & Inst. Code, § 636, subd. (a).)
This bill prohibits the juvenile court from basing the decision to detain a minor in custody on the minor’s county of residence.
Background
When a minor is taken into custody, the minor must be taken before a juvenile court judge or referee for a hearing to determine whether the minor must be further detained. (Welf. & Inst. Code, § 632, subd. (a).) The detention hearing must take place as soon as possible and no later than the next judicial day after a petition has been filed with the court. (Id.) At the detention hearing, the minor and the minor’s parent or guardian are informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of the minor and the minor’s parents or guardian to be represented at every stage of the proceedings by an attorney. (Welf. & Inst. Code, § 633.) During the detention hearing, the court will question the minor, the minor’s parent or legal guardian, or other individuals with relevant knowledge, and hear relevant evidence the minor, the minor’s parent or legal guardian, or their attorney presents. (Welf. & Inst. Code, § 635, subd. (a).)
The court is required to order the release of the minor from custody unless the court finds that the prosecutor has made a prima facie case that the minor has committed a crime and that one of the following is true: the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court. (Welf. & Inst. Code, § 635, subds. (a), (c).) The court may consider the circumstances and gravity of the alleged offense, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).) If the minor is a dependent of the court under section 300, the court is prohibited from basing the decision to detain on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
If the court finds that the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court, and continuance in the home is contrary to the minor’s welfare, the court may order the minor detained in juvenile hall or another suitable placement. (Welf. & Inst. Code, § 636, subd. (a).) If the court finds that 24-hour supervision is not necessary, the minor must be released on home supervision. (Welf. & Inst. Code, §§ 628.1, 636, subd. (b).)
Proponents of this bill argue that youth who are accused of committing crimes outside of their county of residence are regularly being detained solely due to their out-of-county status when they otherwise would not be detained and instead, would be placed on home detention or subject to electronic monitoring. This bill is designed to address that issue by prohibiting the juvenile court’s decision to detain the minor from being based on the minor’s county of residence. Notably, the bill’s language does not prohibit a minor’s county of residence from being the sole basis of the decision to detain, but rather, prohibits it from being considered at all.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 4/24/23)
Pacific Juvenile Defender Center (source)
California Attorneys for Criminal Justice
California Public Defenders Association
Children’s Defense Fund-CA
Children’s Initiative
Communities United for Restorative Youth Justice
Freedom 4 Youth
Fresh Lifelines for Youth
Fresno Barrios Unidos
Immigrant Legal Resource Center
John Burton Advocates for Youth
Just Detention International
San Francisco Public Defender
Santa Cruz Barrios Unidos
Young Women’s Freedom Center
OPPOSITION: (Verified 4/24/23)
None received
Prepared by: Stephanie Jordan / PUB. S. /
4/26/23 15:11:44
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 448 Hearing Date: April 11, 2023
Author: | Becker | ||
Version: | February 13, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Juveniles: detention hearings
HISTORY
Source: Pacific Juvenile Defender Center
Prior Legislation: None known
Support: California Attorneys for Criminal Justice; California Public Defenders Association; Children’s Defense Fund-CA; Communities United for Restorative Youth Justice; Fresh Lifelines for Youth; San Francisco Public Defender; Santa Cruz Barrios Unidos; Young Women’s Freedom Center
Opposition: None known
PURPOSE
The purpose of this bill is to prohibit the juvenile court from basing the decision to detain a minor in custody on the minor’s county of residence.
Existing law provides that, any minor who is between 12 and 17 years of age that violates any law of this state or of the United States or any ordinance of any city or county other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and may be adjudged to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (a).)
Existing law provides that a peace officer may, without a warrant, take into temporary custody a minor when there is reasonable cause for believing that such minor will be adjudged a ward of the court or charged with a criminal action, or that the minor has violated an order of the juvenile court or escaped from any commitment ordered by the juvenile court, or the minor is found in any street or public place suffering from any sickness or injury which requires medical treatment, hospitalization, or other remedial care. (Welf. & Inst. Code, § 625.)
Existing law provides that an officer who takes a minor into temporary custody may do any of the following: release the minor; 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, counseling, or diversion services; prepare a written notice to appear before the probation officer of the county in which the minor was taken into custody at a specified time and place; or take the minor without necessary delay before the probation officer of which the minor was taken into custody. (Welf. & Inst. Code, § 626.)
Existing law requires, when an officer takes a minor before a probation officer at a juvenile hall or to any other place of confinement, the officer take immediate steps to notify the minor’s parent, guardian, or a responsible relative that such minor is in custody and the place where he is being held. (Welf. & Inst. Code, § 627.)
Existing law requires the probation officer to immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody and immediately release the minor to the custody of his or her parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare and one or more of the following conditions exist:
- Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another.
- The minor is likely to flee the jurisdiction of the court.
- The minor has violated an order of the juvenile court.
(Welf. & Inst. Code, § 628, subd. (a)(1).)
Existing law requires the probation officer to release a minor to his or her parent, guardian, or responsible relative on home supervision unless one of the above conditions exists. (Welf. & Inst. Code, § 628.1.)
Existing law requires, except as provided, that a minor taken into custody be brought before a judge or referee of the juvenile court for a hearing to determine whether the minor must be further detained as soon as possible and no later than the next judicial day after a petition has been filed. Provides that such a hearing be referred to as a “detention hearing.” (Welf. & Inst. Code, § 632, subd. (a).)
Existing law requires, upon the minor’s appearance before the court at the detention hearing, the minor and the minor’s parent or guardian, if present, to be informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of the minor to be represented at every stage of the proceedings by counsel. (Welf. & Inst. Code, § 633.)
Existing law provides that the court examine the minor, his or her parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, his or her parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court must make its order releasing the minor from custody. (Welf. & Inst. Code, § 635, subd. (a).)
Existing law provides that the circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).)
Existing law provides that if a minor is a dependent of the court, as defined, the court is prohibited from basing the decision to detain on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
Existing law requires the court to order the release of the minor from custody unless a prima facie showing has been made that the minor will be adjudged a ward of the court or charged with a criminal action. (Welf. & Inst. Code, § 635, subd. (c)(1).)
Existing law provides that if it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court, or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days. Requires the court to enter the order together with its findings of fact in support in the records of the court. (Welf. & Inst. Code, § 636, subd. (a).)
This bill prohibits the juvenile court from basing the decision to detain a minor in custody on the minor’s county of residence.
COMMENTS
- Need For This Bill
According to the author:
Some children involved with the juvenile justice system are separated from their families, their education, and their communities, solely due to their zip code. This injustice happens at an increased level for children in urban counties, as they often fall on county boundaries, and cross county lines for school or work needs.
The current juvenile courts system considers several factors in the decision to detain children, including the gravity of the alleged offense and county of residence. When children are detained outside of their county, juvenile courts cannot exercise the same discretion on probation alternatives because these programs are provided by each county.
Because of this, children who are arrested and detained out of their county of residence are likely to remain detained for several weeks until their cases have a detention hearing, even if it was a minor offense.
SB 448 will restore equity in alternatives to detention for children in the juvenile justice system. The Equity for Youth in Detention Act removes county of residence as a determining factor for youth detention, creates equal treatment of all children, and allows judges to refocus on the purpose of the juvenile justice system: the best interests of the child.
- Detention Hearings
When a minor is taken into custody, the minor must be taken before a juvenile court judge or referee for a hearing to determine whether the minor must be further detained. (Welf. & Inst. Code, § 632, subd. (a).) The detention hearing must take place as soon as possible and no later than the next judicial day after a petition has been filed with the court. (Id.) At the detention hearing, the minor and the minor’s parent or guardian are informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of the minor and the minor’s parents or guardian to be represented at every stage of the proceedings by an attorney. (Welf. & Inst. Code, § 633.) During the detention hearing, the court will question the minor, the minor’s parent or legal guardian, or other individuals with relevant knowledge, and hear relevant evidence the minor, the minor’s parent or legal guardian, or their attorney presents. (Welf. & Inst. Code, § 635, subd. (a).)
The court is required to order the release of the minor from custody unless the court finds that the prosecutor has made a prima facie case that the minor has committed a crime and that one of the following is true: the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court. (Welf. & Inst. Code, § 635, subds. (a), (c).) The court may consider the circumstances and gravity of the alleged offense, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (Welf. & Inst. Code, § 635, subd. (b)(1).) If the minor is a dependent of the court under section 300, the court is prohibited from basing the decision to detain on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (Welf. & Inst. Code, § 635, subd. (b)(2).)
If the court finds that the minor has violated a juvenile court order, the minor has escaped from the commitment of the juvenile court, that it is a matter of immediate and urgent necessity for the protection of the minor, that it is reasonably necessary for the protection of the person or property of another that the minor be detained, or that the minor is likely to flee to avoid the jurisdiction of the court, and continuance in the home is contrary to the minor’s welfare, the court may order the minor detained in juvenile hall or another suitable placement. (Welf. & Inst. Code, § 636, subd. (a).) If the court finds that 24-hour supervision is not necessary, the minor must be released on home supervision. (Welf. & Inst. Code, §§ 628.1, 636, subd. (b).)
Proponents of this bill argue that youth who are accused of committing crimes outside of their county of residence are regularly being detained solely due to their out-of-county status when they otherwise would not be detained and instead, would be placed on home detention or subject to electronic monitoring. This bill is designed to address that issue by prohibiting the juvenile court’s decision to detain the minor from being based on the minor’s county of residence. Notably, the bill’s language does not prohibit a minor’s county of residence from being the sole basis of the decision to detain, but rather, prohibits it from being considered at all.
- Argument in Support
According to the Children’s Defense Fund-California:
While juvenile courts are prohibited from keeping a minor based on their dependency status, the law is silent on whether the court can keep a minor in detention based on their county of residence. As a result, even if detention is not a matter of urgent necessity for the protection of the minor or that of another person or property, the courts tend to detain an out-of-county youth because of where they live.
Detained out-of-custody youths are rarely considered for less restrictive alternatives to detention, therefore they remain in custody for weeks pending adjudication of their cases. This separation from their family, education, and community can have detrimental impacts on their future development and growth. Just as the court cannot base their detention decision on the youth’s dependent status or lack of placement, the same standard should apply for county of residence.
SB 448 will allow all youth to be considered for the same alternatives to detention, regardless of their county of residence, and prevent children from unnecessary exposure to the juvenile justice system.
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