Criminal procedure: arraignment.

Plain English Breakdown

The bill's impact on local agencies and school districts' costs is mentioned, but specifics are unclear.

Criminal Procedure: Arraignment Changes

This law changes how courts handle people and juveniles who are arrested without a warrant, requiring quicker reviews to decide if there is enough reason to keep them in jail.

What This Bill Does

• Requires the court to review within 48 hours after an arrest without a warrant whether there is probable cause that an offense has been committed and that the person committed it.
• If the court finds no probable cause, it must order the person released immediately and notify both the arrested person and their guardian.
• For juveniles arrested without a warrant, removes exceptions for judicial holidays or when petitions are filed to keep them in custody.
• Requires courts to review within 48 hours if there is probable cause that a juvenile committed an offense after being arrested.
• Expands rules for written reviews by probation officers for all crimes where a juvenile is held longer than 24 hours.

Who It Names or Affects

• People who are arrested without a warrant and remain in custody.
• Juveniles who are arrested without a warrant and remain in custody.
• Courts, prosecutors, public defenders, police departments, jails, and probation officers.

Terms To Know

Probable Cause

A reasonable belief that someone has committed or is about to commit a crime.

Warrantless Arrest

When police arrest someone without getting an official order from a judge first.

Limits and Unknowns

• The bill may increase costs for local agencies and school districts, which the state might need to reimburse.
• It does not specify what happens if the court cannot make a decision within 48 hours due to unforeseen circumstances.

Official Summary Text

SB 821, as amended, Arreguín.
Criminal procedure: arraignment.
Existing law requires a person arrested without a warrant to be taken before the nearest magistrate in the county in which the offense is triable without delay. Existing law also authorizes a peace officer to release the arrested person from custody instead of taking them before a magistrate under certain specified circumstances, including if the person was arrested for intoxication only. Existing law requires the court, during the in-custody appearance of a person charged with a misdemeanor, to determine whether there is probable cause to believe that a public offense has been committed.
This bill would require the court to promptly, but no later than 48 hours after a warrantless arrest, review the basis for the arrest and make an initial determination whether probable cause exists that an offense has been committed and that the arrested
person committed it if the defendant remains in custody, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the person to be released
immediately.
immediately and provide notice to both the arrested person and the person having custody of the arrested person.
Existing law similarly requires a juvenile that has been arrested to be released with 48 hours, excluding judicial holidays, unless a petition has been filed to make the minor a ward of the court or charges have been filed charging the minor as an adult.
This bill would
remove the judicial holidays exemption and the petition exemption and would instead
require the court to promptly, but no later than 48 hours after a juvenile is taken into
custody
custody,
make a determination whether an offense has been committed and whether the juvenile in custody committed it, as specified. The bill would require that if the court makes an initial finding of no probable cause, the court to order the juvenile to be released
immediately.
immediately and provide notice to the juvenile, the person or entity having custody of the juvenile, and the public defender or indigent defense provider.
Existing law requires any decision to detain a juvenile who is in custody under the belief that the juvenile has committed a misdemeanor, as specified, for more than 24 hours to be subject to written review and approval by a probation officer, as specified.
This bill would expand the above-described requirement for the written review and approval by the probation officer to all crimes for which the juvenile is in custody for more than 24 hours.
By imposing a higher level of service on prosecutors, public defenders, police, jails, and courthouses, this bill would impose a state-mandated local program.
The California Constitution requires
the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF