Police Department Policy

doc_1004880

Santa Ana PD

Policy Text
Procedure 4100Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2019/12/17, All Rights Reserved. Published with permission by Santa Ana Police DepartmentJUVENILE ARREST/CITE PROCEDURE - 1JUVENILE ARREST/CITE PROCEDURE 4100.1 PURPOSE This procedure establishes guidelines for when Notices to Appear or Applications for Petitions are submitted on all juvenile arrest cases. 4100.2 INTRODUCTION A juvenile comes within the jurisdiction of the juvenile court under one of the following circumstances: •If the juvenile does not have adequate parental care (W&I 300) •If the juvenile persistently violates his parents directions or the rules of society (W&I 601 – status offenders, curfew and school attendance laws) •If the juvenile violates any federal, state, or local city ordinances (W&I 602). Minors under the age of 14 years are presumed incapable of criminal intent unless they knew the wrongfulness of the act. In criminal cases, the prosecution bears the burden of proving the juvenile committed the offense 4100.3 JUVENILE TRAFFIC COURT CASES Juveniles arrested for any of the following offenses shall be issued a citation and ordered to appear in court. A crime report must be completed. No Juvenile Petition Should be attached. 4100.3.1 OFFENSES •SAMC 10-183(a) – Curfew (Juvenile Court) •SAMC 10-197 – No Bike License (Probation Department) •CVC 23140 – Minor Driving With BAC of.05% or more (Probation Department) •CVC 21200.5 – DUI On A Bike (Probation Department) •CVC 23222(a) & (b) – Possession of Open Alcoholic Beverage In Vehicle (Probation Department) •B&P 25662 – Minor Possessing Alcoholic Beverage (Juvenile Court) •H&S 11357b – Possessing Marijuana, Less Than One Ounce (Infraction) (Probation Department) •CPC 602m – Trespassing (Juvenile Court) •CPC 647f – Drunk In Public (Probation Department) •H&S 11357(e) - Possessing Marijuana on a School Campus (Probation Department) 4100.3.2 PROCEDURE FOR PREPARING CASES •Complete report and citation, listing the specific violations Santa Ana Police Department Santa Ana PD Procedures Manual JUVENILE ARREST/CITE PROCEDURE Copyright Lexipol, LLC 2019/12/17, All Rights Reserved. Published with permission by Santa Ana Police DepartmentJUVENILE ARREST/CITE PROCEDURE - 2•Include the minor’s parent/guardian information and telephone number on the cite •Assign a date 4-5 weeks in the future, on any non-holiday, Monday through Thursday •Advise the juvenile he/she must be accompanied by a parent/guardian when making the court appearance •Include the minor’s current school information •Fingerprint the minor. Imprint should be placed on the reverse side of the citation. Scan the citation into RMS. Submit the citation via the Station Supervisor. 4100.3.3 COURT OF APPEARANCE Juvenile Traffic Court is located at: 341 the City Drive South, Orange, CA 92868, Lamoreaux Justice Center 4100.4 JUVENILE CENTRAL COURT CASES Juveniles arrested for any of the following offenses shall be issued a citation and ordered to appear in court. This applies to all juveniles under the age of l8 years. No Juvenile Petition should be attached. 4100.4.1 OFFENSES •CPC 308(b) – Minor Possessing Tobacco Products (Probation Department) •CPC 640 – Acts Committed On Facilities, Vehicles of Transportation Systems (Probation Department) •CPC 640a – Use of Slugs In Vending Machines (Juvenile Court) •B&P 25658 – Furnish Alcohol To Minor (Probation Department) •B&P 25658.5 – Minor Purchase or Attempt To Purchase Alcohol (Juvenile Court) •B&P 25661 – Possession of False ID By Anyone Under 21 Years Who Attempts To Use That ID To Purchase Alcohol (Juvenile Court) •ALL infractions of any SAMC offenses relating to traffic violations (Superior Court) •ANY infraction or misdemeanor of the Vehicle Code, not declared to be a felony except, violations of section CVC 23152, 20001a & 20002a – these violations must be included on a petition, and no citation shall be issued (Probation Department) 4100.4.2 PROCEDURE FOR PREPARING CASES •Complete report and citation, listing the specific violations •Include the minor’s parent/guardian information and phone number on the cite •Assign a date 4-5 weeks in the future, on any non-holiday, Monday through Friday •Advise the juvenile he/she must be accompanied by a parent/guardian when making the court appearance •Include the minor’s current school information Santa Ana Police Department Santa Ana PD Procedures Manual JUVENILE ARREST/CITE PROCEDURE Copyright Lexipol, LLC 2019/12/17, All Rights Reserved. Published with permission by Santa Ana Police DepartmentJUVENILE ARREST/CITE PROCEDURE - 3•Fingerprint the minor. Imprint should be

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