Policy Text
Ref: CALEA
Standard 44.2.3 DEPARTMENTAL
GENERAL ORDER O-9 New Order
31 Oct 01
Index as: Juvenile Detention Secure Detention Non-Secure Detention
Page 1 of 7
DETENTION OF JUVENILE OFFENDERS
The purpose of this order is to establish Department al policy and procedures for detaining a
juvenile in a Departmental facility and the criteria used in making the determination on
whether to place a juvenile in secure detention or non-secu re custody in a Departmental
facility and to ensure co mpliance with State law.
I. DETENTION OF A JUVENILE IN A LAW ENFORCEMENT FACILITY
A. Section 207(a) Welfare & Institutions C ode (WIC) outlines the requirements,
restrictions, and exemptions for mino rs taken into custody solely on the
grounds that the minor is a pers on described by S ection 601 WIC.
B. Section 207.1(2) WIC outlines the require ments, restrictions, and exemptions
for minors being held in temporary cust ody on the basis that the minor is a
person described by Section 602 WIC.
C. Section 207.1(d)(1) WIC outlines the exceptions to Part I, B.
II. DEFINITION OF SE CURE DETENTION
Board of Corrections (BOC) Regulation T itle 15, Article 1, §1302 California Code
of Regulations (CCR) defines secure detention as when ever a minor in temporary
custody in a law enforcement fa cility is locked in a room (locked to the inside to
prevent escape), cell or enclosure, or physi cally secured to a cuffing rail or other
stationary object. Note: The BOC has advised that this definition applies to interview rooms within
investigative units.
DEPARTMENTAL GENERAL ORDER O-9 New Order
31 Oct 01 OAKLAND POLICE DEPARTMENT
III. DECISION TO PLACE IN SECURE DETENTION
A. The criteria outlin ed in Title 15, Article 14, §1545 CCR shall be used by the
officer making the determin ation as to whether a minor shall be placed in
secure detention: 1. The minor is 14 years of age or older.
2. Has been taken into temporary custo dy on the basis that he/she is a
person described by Section 602 WIC.
3. Has a reasonable belief that the mino r poses a serious risk of harm to
self or others.
B. In making the determination whether th e minor presents a serious security
risk of harm to self or others, the of ficer may take into account the following
factors:
1. Age, maturity and delinquent history of the minor.
2. Severity of the offense(s) for whic h the minor was taken into custody.
3. Minor’s behavior, including the de gree to which the minor appears
cooperative or no n-cooperative.
4. The availability of sta ff to provide adequate supervision for the
protection of the minor.
5. The age, type, and numbe r of other individuals who are detained in
the facility.
C. In accordance with Title 15, Article 14, §1546 CCR, minors in secure
detention shall be reasonably restrain ed as necessary to prevent escape and
protect the minor and others from harm.
D. Securing a minor to a fixed object sh all be approved by the Youth and
Community Services Division (YCSD) Commander, if available, or by an
on-duty command officer. Section 1548 CCR requires continual command
approval every 30 minutes thereafter. Th is is to ensure compliance to Part
III, D, 2, 3, and 4 below.
Page 2 of 7
DEPARTMENTAL GENERAL ORDER O-9 New Order
31 Oct 01 OAKLAND POLICE DEPARTMENT
1. This approval shall be documented stating the reasons for the secure
detention and the name of the commander who approved the secure
detention. Documenta tion shall be made in the Youth Services
Section (YSS) 24-Hour Activity Lo g (TF-1003 or computer log) or
the YSS Interview Room Log.
2. Securing a minor to a fixed object shall only occur when secure
detention is appropriate and a locked enclosure is unavailable.
3. The minor shall be secured in a locked enclosure as soon as one
becomes available.
4. There shall be no contact between mino rs held in secure detention or
non-secure custody and adult prison ers who are detained in a law
enforcement facility except as follows in acco rdance with the
provisions of Title 15, §1546 CCR:
a. Booking.
b. Medical screening.
c. Adult prisoner is present perf orming work necessary for the
operation of the law enforcement facility (e.g., meal service
and janitorial service).
d. Movement of persons in cu stody within the facility.
E. Section 207.1(d)(3) WIC requires that a minor be informed at the time of
their placement in se cured detention of:
1. The reason for their secure detention.
2. The length of time the secured de tention is expected to last.
3. The secured detention is not to exceed six hours.
a. Any violation of the six hour limit shall require the investigator or his/her unit co mmander to prepare and forward
a memorandum through channe ls to the Bureau of
Investigation Commander (with a copy to YSS