e3_arrestofjuvenilesandadults

Procedure Number: E3 Revised: 02/06 Revised: 12/10 Revised: 03/13 1 ARREST OF JUVENILE S AND ADULT S AUTHORITY California Code Section(s) : Welfare and Institutions Code Sections 625, 626, 627, and 627.5 Penal Code Sections 825, 830.5, 833, 835, 835a, 841, 843, 1203.2, 1203.016, 1203.017 , 1203.01 8, 3450, 3453, 3455, and 3465 Related Probation Officer Procedures : D9 Division of Juvenile Facilities Commitments E2 E4 E9 F2 F8 F11 Search and Seizure Advisement of Rights Transportation of Offenders Use of Force Arming: Use of Firearms Safety Equipment for Non- Armed Probation O fficers H11 H16 Electronic Monitoring Program (EMP) Post Release Community Supervision (PRCS) I10 Juvenile Home Supervision Program ( JHSP ) and Juvenile Electronic Monitoring Program (JEMP) Related Probation Department Policies: IV32 Department (County) Vehicles Related Probation PRIORS Procedures: A1 PRIORS Case Management System INTRODUCTION Persons under the age of eighteen (minors ) are adjudged wards of the Juvenile Court pursuant to §725(b) of the Welfare and Institutions Code (WIC). Persons age eighteen and older (adults) are granted formal probation by the Criminal Court pursuant to §1203 of the Penal Code (PC) , ordered to supervision under Post Release Community Supervision (PRCS) , or ordered to Mandatory Community Supervision (MCS) by the Criminal Court . At any time during a period of wardship, or formal probation or community supervision, any Probation Officer who believes there is probable cause that a minor or adult is in violation of any term or condition of his/her probation or community supervision has the legal authority to arrest the person ( §625 WIC , §1203.2 PC or §3453(s) PC ) and book him/her into a Juvenile Detention Facility (JDF) or the County Jail . This also applies to any minor who is ordered to the Juvenile Home Supervision Program (JHSP) or Juvenile Electronic Monitoring Program (JEMP) ( §628.1 WIC ) and adults placed on the Electronic Monitoring Program (EMP) (§1203.016 PC , §1203.017 PC and §1203.018 PC) who are determined by the Probation Officer to be in violation of program r ules or Court order . Minors u nder supervision pursuant to §654 WIC , on probation pursuant to §725(a) WIC, and on Deferred Entry of Judgment pursuant to §790 WIC , and adults monitored in statutory programs such as those defined in §1000 and §1210 PC, shall not be arrested by Probation O fficers , for a violation of probation/supervision/diversion , unless pursuant to a valid arrest /bench warrant issued by the Court. Procedure Number: E3 2 AUTHORIZATION Section 830.5 PC defines the scope and authority of Probation O fficers as peace officers, which includes the power of arrest under specified circumstances. It is the policy of the Probation Department that officers occupying the position of Deputy Probation Officer II, Senior Deputy Probation Officer, Supervising Deputy Probation Off icer, Deputy Chief Probation Officer, Assistant Chief Probation Officer, and Chief Probation Officer , who have successfully completed Arrest, Search & Seizure training pursuant to §832 PC and Probation Officer CORE training, are authorized to arrest indivi duals pursuant to the law and these procedures. Supervisory consultation and approval regarding a possible arrest prior to the actual arrest is always preferred and should occur when possible , but is not mandatory for the positions listed above when the need for an arrest develops suddenly during regular business hours, or the arrest occurs during non- business hours . The supervisor shall be notified as soon as possible during business hours after an arrest has taken place . Officers occupying the position of Deputy Probation Officer I are authorized to make an arrest pursuant to the law and these procedures after successful completion of Arrest, Search & Seizure training pursuant to §832 PC, but must obtain prior supervisory approval to make the arrest and must be in the presence of a higher ranking officer during the arrest. The only exception to the above is that a ny Probation Officer shall receive approval from a supervisor or manager if the Probation Officer is considering arresting a ward who is under post- release county supervision after being released from a commitment to the Division of Juvenile Facilities (DJF) . The Probation Officer shall review the case with a supervisor prior to arresting a ward under post -release county supervision from the DJ F. ARREST POLICY Probation O fficers may make an arrest or cause an arrest to occur under the circumstances described below if all the requirements for a lawful arrest are present. Such arrests must ensure the safety of the community and all parties invol ved, and will occur: 1. To protect the community. 2. To protect the life and/or safety of the offender or other person(s). 3. To ensure an appearance in C ourt. 4