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.