BILL NUMBER: SB 1603	CHAPTERED  09/26/00

	CHAPTER   663
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 24, 2000
	AMENDED IN ASSEMBLY   AUGUST 8, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN SENATE   APRIL 12, 2000
	AMENDED IN SENATE   MARCH 28, 2000

INTRODUCED BY   Senator Peace

                        FEBRUARY 18, 2000

   An act to amend Section 629 of the Welfare and Institutions Code,
relating to juvenile offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1603, Peace.  Juvenile offenders:  release from custody.
   Existing law provides that a probation officer may require a minor
who has been taken into custody or his or her parent, guardian, or
relative to sign a written promise to appear before the probation
officer at a specified time as a condition for his or her release.
Existing law, as amended by Proposition 21 (an initiative statute) at
the March 7, 2000, primary election, also provides that a minor who
is 14 years of age or older who is taken into custody by a peace
officer for the commission or attempted commission of a felony shall
not be released until the minor, his or her parent, guardian, or
relative, or both, have signed a written promise to appear at a
specified time or the minor has been given an order to appear in the
juvenile court at a date certain.
   This bill would delete the above provisions and would instead
provide that, as a condition for the release of a minor to home
supervision, as specified, a peace officer or the probation officer
shall require the minor to sign, and may require his or her parent,
guardian, or relative to sign, a written promise to appear.  By
imposing additional duties on local officers, the bill would impose a
state-mandated local program.
   The bill would prohibit the release of a minor 14 years of age or
older who is taken into custody for the commission or attempted
commission of a felony until the minor has signed the written promise
or until the minor has been given an order to appear in the juvenile
court.  The bill would also authorize the peace officer to require
the minor's parent, guardian, or relative to sign a written promise
to appear at the same place designated for the minor.
   Because the bill would amend Proposition 21, it would require a
2/3 vote for enactment.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 629 of the Welfare and Institutions Code is
amended to read:
   629.  (a) As a condition for the release of a minor pursuant to
Section 628.1 and subject to Sections 631 and 632, the probation
officer shall require the minor to sign, and may also require his or
her parent, guardian, or relative to sign, a written promise to
appear before the probation officer at the juvenile hall or other
suitable place designated by the probation officer at a specified
time.
   (b) A minor who is 14 years of age or older who is taken into
custody by a peace officer for the commission or attempted commission
of a felony offense shall not be released until the minor has signed
a written promise to appear before the probation officer at the
juvenile hall or other suitable place designated by the peace
officer, or has been given an order to appear at the juvenile court
on a date certain.  The peace officer may also require the minor's
parent, guardian, or relative to sign a written promise to appear at
the same place designated for the minor.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.