Policy Text
MOUNTAIN
2021
POLICE
VIEW
MOUNTAIN VIEW POLICE DEPARTMENT
SPECIAL SERVICES SECTION
TRAINING AND INFORMATION
BULLETIN
DATE:
June 15, 2021
BULLETIN NUMBER:
21 - 01
SUBJECT:
Booking Juvenile Cases
PAGE 1 OF 2
INFORMATION:
On September 30th, 2020, Senate Bill 823went into effect. Among other things, SB 823
repealed Welfare and Institutions Code 208.5, and added a new version. Under the new
law, any person under 25 years of age held in secure detention and whose case
originated in juvenile court is to remain in a juvenile facility absent a determination by
juvenile court that the person is to be moved to an adult facility. It is hereby ordered:
1. All persons under the age of 25 whose case originated in juvenile court shall
remain in a juvenile facility, unless the person is 19 years of age or older and the
juvenile court, in considering the factors articulated in Welfare and Institutions
Code section 208.5(c)(1)-(5), determines that the person should be housed in an
adult facility. This includes youth who have been ordered transferred to criminal
court after a judicial transfer hearing, unless and until they are sentenced. Any
adult court sentence will be served in the appropriate adult facility.
2. Any outstanding warrants, including out of county warrants, issued by the
juvenile court should be read to mean that person must be taken to Juvenile Hall
unless the youth is 25 years of age or older, absent any additional arrest not
originating in juvenile court which resulted in their secure detention in an adult
facility.
a. If the person has a pending adult legal matter and is released from an
adult facility on their own recognizance or bail, such that they are only in
custody on a juvenile matter, that person is to be housed in Juvenile Hall
absent a juvenile court's determination to the contrary.
MOUNTAIN
2021
POLICE
VIEW
MOUNTAIN VIEW POLICE DEPARTMENT
SPECIAL SERVICES SECTION
TRAINING AND INFORMATION
BULLETIN
PAGE 2 OF 2
3. The Santa Clara County Sheriff's Office shall work with the Juvenile Probation
Department to facilitate the immediate return to Juvenile Hall of any person
under 25 years of age who is only in custody on a juvenile matter.
As of the date of this bulletin, Juvenile Hall asks that agencies transporting an arrestee
under the above criteria make a courtesy call to Juvenile Hall to advise of an incoming
booking. This will allow Juvenile Hall to make housing arrangements.
Prepared by:
Special Service Section
Approved by:
Special Service Section