Policy Text
Field Services Page 1 of 6 05/09 (REV 5/20)
Juvenile Arrests
The purpose of this order is to outline the procedures for handling juveniles arrested for
violations of the law.
Section 602 W & I
(a) Except as provided in Section 707, any minor who is between 12 years of age
and 17 years of age, inclusive, when he or she violates any law of this state or of
the United States or any ordinance of any city or county of this state defining
crime other than an ordinance establis hing a curfew based solely on age, is
within the jurisdiction of the juvenile court, which may adjudge the minor to be a
ward of the court.
(b) Any minor who is under 12 years of age when he or she is alleged to have
committed any of the following offenses is within the jurisdiction of the juvenile
court, which may adjudge the minor to be a ward of the court:
(1) Murder.
(2) Rape by force, violence, duress, menace, or fear of immediate and
unlawful bodily injury.
(3) Sodomy by force, violence, duress, menac e, or fear of immediate and
unlawful bodily injury.
(4) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury.
(5) Sexual penetration by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury.
Section 602.1 W & I
(a) In order to ensure the safety and well -being of minors who are under 12 years
of age and whose behavior would otherwise bring them within the jurisdiction of
the juvenile court pursuant to Section 601 or 602, it is the intent of the Legislature
that counties pursue appropriate measures to serve and protect a child only as
needed, avoiding any intervention whenever possible, and using the least
restrictive altern atives through available school , health , and community -based
services. It is the intent of the Legislature that counties use existing funding for
Field Services Page 2 of 6 05/09 (REV 5/20) behavioral health, mental health, or other available existing funding sources to
provide the alternative services required by this section.
(b) Except as provided in subd ivision (b) of Section 602, when a minor
under 12 years of age comes to the attention of law enforcement because
his or her behavior or actions are as described in Section 601 or 602, the
response of the county shall be to release the minor to his or her p arent,
guardian, or caregiver.
Section 625 W & I
"In any case where a minor is taken into temporary custody on the ground that
there is reasonable cause for believing that such minor is a person described in
section 601 or 602...the officer shall advise such minor that anything he says can
be used against him and shall advise him of his constitutional rights..."
Section 625.6 W & I
(a) Prior to a c ustodial interrogation, and before the waiver of any Miranda rights,
a youth 15 years of age or younger shall consult with legal counsel in person, by
telephone, or by video conference. The consultation may not be waived.
(b) The court shall, in adjudicati ng the admissibility of statements of a youth 15
years of age or younger made during or after a custodial interrogation, consider
the effect of failure to comply with subdivision (a).
(c) This section does not apply to the admissibility of statements of a youth 15
years of age or younger if both of the following criteria are met:
(1) The officer who questioned the youth reasonably believed the
information he or she sought was necessary to protect life or property from
an imminent threat.
(2) The officer’s q uestions were limited to those questions that were
reasonably necessary to obtain that information.
(d) This section does not require a probation officer to comply with subdivision (a)
in the normal performance of his or her duties under Section 625, 627.5 , or 628
Section 859.5 PC
Any interrogation of an individual under 18 years of age who is in custody and
suspected of committing murder shall be audio and video recorded when the
interview takes place at a department facility, jail, detention facility, or other fixed
place of deten tion. The recording shall the entire interview and a Miranda
advisement preceding the interrogation
Field Services Page 3 of 6 05/09 (REV 5/20) This recording is not mandatory when:
(a) Recording is not feasible because of exigent circumstances that are later
documented in a report.
(b) The individual refuses to have the interrogation recorded, including a refusal
any time during the interrogation, and the refusal is documented in a report. If
feasible, the refusal shall be electronically recorded.
(c) The custodial interrogation occurred in another state by law enforcement
officers of that state, unless the interrogation was conducted with the intent to
avoid the requirements of Penal Code 859.5.
(d) The interrogation occurs when no member conducting the interrogation has a
reason to believ e that the individual may have committed murder. Continued
custodial interrogation concerning that offense shall be electronically recorded if
the interrogating member develops a reason to believe the individual committed
murder.
(e) The interrogation wou ld disclose the identity of a confidential informant or
would jeopardize the safety of an officer, the individual being interrogated, or
another individual. Such circumstances shall be documented in a