BILL NUMBER: AB 2089	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 23, 2012

   An act to amend Section 626 of, and to add Section 626.2 to, the
Welfare and Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2089, as amended, Alejo. Juveniles: civil citation process.
   Under existing law, a peace officer may take a minor into
temporary custody without a warrant under specified circumstances,
including when the officer has reasonable cause to believe that the
minor has committed a crime and is within the jurisdiction of the
juvenile court, and may release the minor, deliver the minor to a
services agency, release the minor with a notice to appear before a
probation officer, or promptly take the minor before a probation
officer. Proceedings to declare a minor a ward of the court are
commenced by the filing of a petition by a probation officer,
district attorney, or prosecuting attorney.
   This bill would authorize a peace officer who takes a minor
suspected of having committed a misdemeanor into temporary custody
without a warrant to issue a civil citation to the minor if the minor
consents  , admits to having committed the misdemeanor,
 and has not previously committed an offense. Under the
bill, the officer would notify the county probation department, to
which the minor would report within 7 days. The bill would require
the probation department to assess the minor and to require the minor
to serve no more than 50 hours of community service. The probation
department would also be authorized to require the minor to
participate in intervention programs. If the minor fails to report to
the probation department or to fulfill the requirements of the civil
citation program, this bill requires the probation department to
present an affidavit with the facts constituting the original
misdemeanor to the prosecuting attorney. By imposing new duties on
county probation departments, and by increasing those departments'
duties, 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 626 of the Welfare and Institutions Code is
amended to read:
   626.  An officer who takes a minor into temporary custody under
the provisions of Section 625 may do any of the following:
   (a) Release the minor.
   (b) 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
care, counseling, or diversion services to minors so delivered.
   (c) Issue a civil citation to the minor under Section 626.2 if the
minor is eligible to participate in the civil citation program.
   (d) Prepare in duplicate a written notice to appear before the
probation officer of the county in which the minor was taken into
custody at a time and place specified in the notice. The notice shall
also contain a concise statement of the reasons the minor was taken
into custody. The officer shall deliver one copy of the notice to the
minor or to a parent, guardian, or responsible relative of the minor
and may require the minor or the minor's parent, guardian, or
relative, or both, to sign a written promise to appear at the time
and place designated in the notice. Upon the execution of the promise
to appear, the officer shall immediately release the minor. The
officer shall, as soon as practicable, file one copy of the notice
with the probation officer. The written notice to appear may require
that the minor be fingerprinted, photographed, or both, upon the
minor's appearance before the probation officer, if the minor is a
person described in Section 602 and he or she was taken into custody
upon reasonable cause for the commission of a felony.
   (e) Take the minor without unnecessary delay before the probation
officer of the county in which the minor was taken into custody, or
in which the minor resides, or in which the acts take place or the
circumstances exist which are alleged to bring the minor within the
provisions of Section 601 or 602, and deliver the custody of the
minor to the probation officer. The peace officer shall prepare a
concise written statement of the probable cause for taking the minor
into temporary custody and the reasons the minor was taken into
custody and shall provide the statement to the probation officer at
the time the minor is delivered to the probation officer. In no case
shall the officer delay the delivery of the minor to the probation
officer for more than 24 hours if the minor has been taken into
custody without a warrant on the belief that the minor has committed
a misdemeanor.
   In determining which disposition of the minor to make, the officer
shall prefer the alternative which least restricts the minor's
freedom of movement, provided that alternative is compatible with the
best interests of the minor and the community.
  SEC. 2.  Section 626.2 is added to the Welfare and Institutions
Code, to read:
   626.2.  (a) An officer who takes a minor suspected of having
committed a misdemeanor into temporary custody under the provisions
of Section 625 may issue a civil citation against the minor if the
minor  admits to having committed the misdemeanor and
 has not previously committed an offense. Upon issuing a
civil citation under this section, the officer shall notify the
probation department of the county in which the civil citation was
issued, the prosecutor, the minor's parent or guardian, and the
victim of the offense.
   (b) The minor shall report to the county probation department
within seven days after the civil citation was issued.
   (c) The county probation department shall conduct a risk and needs
assessment of the minor. Following that assessment, the probation
department shall require the minor to serve no more than 50 hours of
community service, and may require the minor to participate in
intervention services, including counseling, substance abuse
treatment, and mental health treatment. At the conclusion of the
minor's civil citation program, the probation department shall
prepare and maintain a report of the minor's participation in the
program.
   (d) If the minor fails to report to the probation department,
fails to complete his or her community service hours, fails to comply
with any assigned intervention services, or commits a subsequent
offense, the probation department shall present the affidavit
describing the facts constituting the original misdemeanor to the
prosecuting attorney as provided by Section 653.5.
   (e) The minor may elect to refuse the civil citation and to have
his or her case processed as provided in Section 626 at any time
before the minor's civil citation program is completed.
  SEC. 3.  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.