Police Department Policy

UCSF_04.09.07_-_Custody_Criteria_267508

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 4.9 Juvenile Operations: Organization and Administration 4.9.7 Custody Criteria (Revised: 6/4/08) A. Custody of a juvenile shall be premised upon the concept of “protective custody,” not arrest, as officers shall ensure that the Constitutional rights of juveniles are protected. B. Officers may use enforcement discretion unless otherwise indicated by policy or statute. C. When a juvenile has been alleged to have engaged in noncriminal misbehavior (status offense) or there is an allegation that a juvenile has been harmed or may be in danger of harm, officers shall: 1. Consider if the status offense governing W&I Code 601 definition is applicable. 2. If a juvenile is taken into custody for a status offense or to prevent harm: a. Notify and consult with the Watch Commander b. Complete a written incident report c. Tell the juvenile taken in custody the reason(s) for the action if the juvenile is of an age to understand d. Notify the parents/legal guardians of the juvenile of the actio n taken. D. Officers shall ensure the Constitutional rights of the juvenile are protected and procedures for the custodial interrogation of juveniles are followed. 1. The Constitutional rights of a juvenile will be protected at all times. 2. An explanation of the agency and juvenile justice system procedures will be provided to a juvenile being interrogated/interviewed. This will include letting the juvenile know: a. A record of the case is established with the Department b. Parents/guardians are contacted and informed of circumstances c. Officers dealing with juvenile offenders use the least coercive among reasonable alternatives d. About pending court action, if any. 3. Parents/guardians will be provided information relative to the charges pending and probable future court proceedings. 4. An interview will be limited to no more than two officers and consist of periods of no longer than one hour without a break. E. A ju venile shall be taken into custody if the officer has probable cause to believe the juvenile has committed any of the following: 1. Any felony crime 2. Any crime against persons University of California, San Francisco Police Department General Orders 2 Completion of the booking process (fingerprinting and photographing) is mandatory for all juveniles not being transported to a detention facility. A booking report will be completed for all juvenile arrests when the juvenile has been fingerprinted and photographed by the CARC or YGC. In all cases in which the juvenile was cited or arrested on criminal charges, officers are to include in their report a statement indicating whether or not the juvenile was fingerprinted and photographed. F A juvenile shall be physically placed in a detention facility if the o fficer has probable cause to believe the juvenile has committed any of the following: 1. Homicide 2. Felony sex crime where the offender used force or a weapon 3. Burglary in the first degree where the offender caused or threatened to cause physical injury to the occupant or was in possession of a firearm 4. Unprovoked felony assault where there is no substantial claim of self -defense. G. A youth may be placed directly in detention , which allows youths 10 -17 years of age to be detained if they meet any of the following criteria: 1. A fugitive from another jurisdiction 2. Charged with a crime involving physical injury to another 3. Chaged with any felony crime 4. Has violated probation or conditions of release 5. Has failed to appear in Juvenile Court by hav ing disobeyed a summons 6. Is alleged to be in possession of a firearm 7. Pursuant to a court order. H. Detention will be at the YGC located in San Francisco. 1. The UCSF Police Department does not have a detention facility on its campus. Unless the juvenile is in need of emergency medical treatment, officers with a juvenile in custody shall call the detention center prior to transporting a youth to ensure the juve nile can be detained. If the detention center is full and an officer has a youth in custody who warrants detention based on the offense and circumstances, the officer will call the San Francisco YGC. The assigned juvenile counselor or the on -call worker (i f the youth in custody does not have an assigned juvenile counselor) will make a determination as to where the youth shall be placed. I. Juveniles who are injured or ill shall be examined at SFGH prior to being booked at the YGC or CARC. If immediate med ical attention is required, treatment shall be at the nearest emergency hospital. University of California, San Francisco Police Department General Orders 3 J. Juveniles under the influence of alcohol, drugs or narcotics shall be detained at SFGH for examination. When the examination is completed and the juvenile is released, he /she will be transported if booking or detention is required. 1. If the juvenile must be hospitalized and booking or detentions is required, a police hold shall be placed on the juvenile with the desk steward at SFGH. 2. A juvenile admission form must be c ompleted and a copy of the form delivered to the Admissions Office at YGC. K. Children under the age of 11 years are taken to Child Protective Services (CPS) at SFGH. L. Outside Agency Case and Juvenile Numbers are required whenever formal action is taken with a juvenile. Formal actions include: 1. Booking into any shelter, e.g. Huckleberry House 2. Citation and release 3. Arrest

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