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California Welfare And Institutions Code Section 207.1

Legal Research Home > California Lawyer > Welfare and Institutions Code > California Welfare And Institutions Code Section 207.1

(a) No court, judge, referee, peace officer, or employee of
a detention facility shall knowingly detain any minor in a jail or
lockup, except as provided in subdivision (b) or (d).
   (b) Any minor who is alleged to have committed an offense
described in subdivision (b), paragraph (2) of subdivision (d), or
subdivision (e) of Section 707 whose case is transferred to a court
of criminal jurisdiction pursuant to Section 707.1 after a finding is
made that he or she is not a fit and proper subject to be dealt with
under the juvenile court law, or any minor who has been charged
directly in or transferred to a court of criminal jurisdiction
pursuant to Section 707.01, may be detained in a jail or other secure
facility for the confinement of adults if all of the following
conditions are met:
   (1) The juvenile court or the court of criminal jurisdiction makes
a finding that the minor's further detention in the juvenile hall
would endanger the safety of the public or would be detrimental to
the other minors in the juvenile hall.
   (2) Contact between the minor and adults in the facility is
restricted in accordance with Section 208.
   (3) The minor is adequately supervised.
   (c) A minor who is either found not to be a fit and proper subject
to be dealt with under the juvenile court law or who will be
transferred to a court of criminal jurisdiction pursuant to Section
707.01, at the time of transfer to a court of criminal jurisdiction
or at the conclusion of the fitness hearing, as the case may be,
shall be entitled to be released on bail or on his or her own
recognizance upon the same circumstances, terms, and conditions as an
adult who is alleged to have committed the same offense.
   (d) (1) A minor 14 years of age or older who is taken into
temporary custody by a peace officer on the basis of being a person
described by Section 602, and who, in the reasonable belief of the
peace officer, presents a serious security risk of harm to self or
others, may be securely detained in a law enforcement facility that
contains a lockup for adults, if all of the following conditions are
met:
   (A) The minor is held in temporary custody for the purpose of
investigating the case, facilitating release of the minor to a parent
or guardian, or arranging transfer of the minor to an appropriate
juvenile facility.
   (B) The minor is detained in the law enforcement facility for a
period that does not exceed six hours except as provided in
subdivision (f).
   (C) The minor is informed at the time he or she is securely
detained of the purpose of the secure detention, of the length of
time the secure detention is expected to last, and of the maximum
six-hour period the secure detention is authorized to last.  In the
event an extension is granted pursuant to subdivision (f), the minor
shall be informed of the length of time the extension is expected to
last.
   (D) Contact between the minor and adults confined in the facility
is restricted in accordance with Section 208.
   (E) The minor is adequately supervised.
   (F) A log or other written record is maintained by the law
enforcement agency showing the offense that is the basis for the
secure detention of the minor in the facility, the reasons and
circumstances forming the basis for the decision to place the minor
in secure detention, and the length of time the minor was securely
detained.
   (2) Any other minor, other than a minor to which paragraph (1)
applies, who is taken into temporary custody by a peace officer on
the basis that the minor is a person described by Section 602 may be
taken to a law enforcement facility that contains a lockup for adults
and may be held in temporary custody in the facility for the
purposes of investigating the case, facilitating the release of the
minor to a parent or guardian, or arranging for the transfer of the
minor to an appropriate juvenile facility.  While in the law
enforcement facility, the minor may not be securely detained and
shall be supervised in a manner so as to ensure that there will be no
contact with adults in custody in the facility.  If the minor is
held in temporary, nonsecure custody within the facility, the peace
officer shall exercise one of the dispositional options authorized by
Sections 626 and 626.5 without unnecessary delay and, in every case,
within six hours.
   (3) "Law enforcement facility," as used in this subdivision,
includes a police station or a sheriff's station, but does not
include a jail, as defined in subdivision (i).
   (e) The Board of Corrections shall assist law enforcement
agencies, probation departments, and courts with the implementation
of this section by doing all of the following:
   (1) The board shall advise each law enforcement agency, probation
department, and court affected by this section as to its existence
and effect.
   (2) The board shall make available and, upon request, shall
provide, technical assistance to each governmental agency that
reported the confinement of a minor in a jail or lockup in calendar
year 1984 or 1985.  The purpose of this technical assistance is to
develop alternatives to the use of jails or lockups for the
confinement of minors.  These alternatives may include secure or
nonsecure facilities located apart from an existing jail or lockup,
improved transportation or access to juvenile halls or other juvenile
facilities, and other programmatic alternatives recommended by the
board.  The technical assistance shall take any form the board deems
appropriate for effective compliance with this section.
   (f) (1) (A) Under the limited conditions of inclement weather,
acts of God, or natural disasters that result in the temporary
unavailability of transportation, an extension of the six-hour
maximum period of detention set forth in paragraph (2) of subdivision
(d) may be granted to a county by the Board of Corrections.  The
extension may be granted only by the board, on an individual,
case-by-case basis.  If the extension is granted, the detention of
minors under those conditions shall not exceed the duration of the
special conditions, plus a period reasonably necessary to accomplish
transportation of the minor to a suitable juvenile facility, not to
exceed six hours after the restoration of available transportation.
   (B) A county that receives an extension under this paragraph shall
comply with the requirements set forth in subdivision (d).  The
county also shall provide a written report to the board that
specifies when the inclement weather, act of God, or natural disaster
ceased to exist, when transportation availability was restored, and
when the minor was delivered to a suitable juvenile facility.  If the
minor was detained in excess of 24 hours, the board shall verify the
information contained in the report.
   (2) Under the limited condition of temporary unavailability of
transportation, an extension of the six-hour maximum period of
detention set forth in paragraph (2) of subdivision (d) may be
granted by the board to an offshore law enforcement facility.  The
extension may be granted only by the board, on an individual,
case-by-case basis.  If the extension is granted, the detention of
minors under those conditions shall extend only until the next
available mode of transportation can be arranged.
   An offshore law enforcement facility that receives an extension
under this paragraph shall comply with the requirements set forth in
subdivision (d).  The facility also shall provide a written report to
the board that specifies when the next mode of transportation became
available, and when the minor was delivered to a suitable juvenile
facility.  If the minor was detained in excess of 24 hours, the board
shall verify the information contained in the report.
   (3) At least annually, the board shall review and report on
extensions sought and granted under this subdivision.  If, upon that
review, the board determines that a county has sought one or more
extensions resulting in the excessive confinement of minors in adult
facilities, or that a county is engaged in a pattern and practice of
seeking extensions, it shall require the county to submit a detailed
explanation of the reasons for the extensions sought and an
assessment of the need for a conveniently located and suitable
juvenile facility.  Upon receiving this information, the board shall
make available, and the county shall accept, technical assistance for
the purpose of developing suitable alternatives to the confinement
of minors in adult lockups.
   (g) Any county that did not have a juvenile hall on January 1,
1987, may establish a special purpose juvenile hall, as defined by
the Board of Corrections, for the detention of minors for a period
not to exceed 96 hours.  Any county that had a juvenile hall on
January 1, 1987, also may establish, in addition to the juvenile
hall, a special purpose juvenile hall.  The board shall prescribe
minimum standards for that type of facility.
   (h) No part of a building or a building complex that contains a
jail may be converted or utilized as a secure juvenile facility
unless all of the following criteria are met:
   (1) The juvenile facility is physically, or architecturally,
separate and apart from the jail or lockup such that there could be
no contact between juveniles and incarcerated adults.
   (2) Sharing of nonresidential program areas only occurs where
there are written policies and procedures that assure that there is
time-phased use of those areas that prevents contact between
juveniles and incarcerated adults.
   (3) The juvenile facility has a dedicated and separate staff from
the jail or lockup, including management, security, and direct care
staff.  Staff who provide specialized services such as food, laundry,
  maintenance, engineering, or medical services, who are not normally
in contact with detainees, or whose infrequent contacts occur under
conditions of separation of juveniles and adults, may serve both
populations.
   (4) The juvenile facility complies with all applicable state and
local statutory, licensing, and regulatory requirements for juvenile
facilities of its type.
   (i) (1) "Jail," as used in this chapter, means a locked facility
administered by a law enforcement or governmental agency, the purpose
of which is to detain adults who have been charged with violations
of criminal law and are pending trial, or to hold convicted adult
criminal offenders sentenced for less than one year.
   (2) "Lockup," as used in this chapter, means any locked room or
secure enclosure under the control of a sheriff or other peace
officer that is primarily for the temporary confinement of adults
upon arrest.
   (3) "Offshore law enforcement facility," as used in this section,
means a sheriff's station containing a lockup for adults that is
located on an island located at least 22 miles from the California
coastline.
   (j) Nothing in this section shall be deemed to prevent a peace
officer or employee of an adult detention facility or jail from
escorting a minor into the detention facility or jail for the purpose
of administering an evaluation, test, or chemical test pursuant to
Section 23157 of the Vehicle Code, if all of the following conditions
are met:
   (1) The minor is taken into custody by a peace officer on the
basis of being a person described by Section 602 and there is no
equipment for the administration of the evaluation, test, or chemical
test located at a juvenile facility within a reasonable distance of
the point where the minor was taken into custody.
   (2) The minor is not locked in a cell or room within the adult
detention facility or jail, is under the continuous, personal
supervision of a peace officer or employee of the detention facility
or jail, and is not permitted to come in contact or remain in contact
with in-custody adults.
   (3) The evaluation, test, or chemical test administered pursuant
to Section 23157 of the Vehicle Code is performed as expeditiously as
possible, so that the minor is not delayed unnecessarily within the
adult detention facility or jail.  Upon completion of the evaluation,
test, or chemical test, the minor shall be removed from the
detention facility or jail as soon as reasonably possible.  No minor
shall be held in custody in an adult detention facility or jail under
the authority of this paragraph in excess of two hours.

Last modified: January 12, 2009