5.1 Admittance Procedures Pursuant to Section 1350
Chapter | 5. Classification and Separation |
---|---|
Section | 5.1 |
Subject | Admittance Procedures Pursuant to Section 1350 |
Effective Date | 11/29/2023 12:00 AM |
- Detention Policy Statement: Juvenile Hall is charged with the authority and responsibility to make the decision to hold any youth in a secured detention facility. That decision is based on Section 626 of the Welfare and Institutions Code. Youth brought into Juvenile Hall custody must be released immediately unless he/she meets one of the conditions pursuant to Rule 1477/WIC 628. Youth shall be released to a parent, guardian or responsible adult (WIC 628). The youth, the adult, or both may be required to sign an agreement to appear as a condition of release. In the event a youth is admitted and found to not meet any criteria set forth in Rule 1477/WIC 628, the youth’s parent(s) shall be contacted and directed to come to the facility and take custody of their son or daughter. Should the youth’s parent(s) refuse to take custody of their son or daughter because the youth is beyond their control a Shift Leader or Supervising Deputy Probation Officer may inform the youth’s parent that pursuant to WIC 903.25(b), they can be charged $100.00/24 hours. In the event the youth’s parent(s) continue to refuse to come to the facility to take custody of the youth, the Probation Department has the option of releasing the youth to a non-secure shelter care facility under Section 601WIC. When a youth is held, there must be a detention hearing before the Juvenile Court. In cases where any one of the alleged offenses is a felony, the hearing must be held on the next judicial day after the petition is filed. The petition must be filed within 48 hours of the arrest or the next judicial day, whichever is later. In misdemeanor cases, the petition must be filed within 24 hours after the youth is taken into custody or the following judicial day, whichever is later. On weekends or holidays, the youth shall appear for a detention hearing within 24 hours after the petition is filed as long as he/she is not a ward of the Court and/or the crime did not involve violence. In cases wherein the Judge of the Juvenile Court has committed the youth to a specific time in custody, the youth shall be provided with a copy of the Court order specifying the duration of their commitment. There is no bail in juvenile court matters. The decision to release is based on the risk to the community if the youth is released. This differs from the adult system, which allows bail as a guarantee of appearance in court and has little to do with the protection of society. Youth will be held if booked for a criminal warrant unless a juvenile court judge authorizes a release. In all cases, discretion must be used. The Welfare and Institutions Code requires that the Probation Officer or the Juvenile Hall staff make an immediate investigation into the facts and circumstances surrounding the youth being taken into custody. The guidelines for consistency in that investigation are as follows:
- Instances of violent crime will be examined to determine:
- Type of weapon used.
- Relationship of proponent.
- Nature of injury inflicted.
- Nature of injury received.
- Potential of mutual combat.
- Motive if not mutual combat.
- The outcome of co-defendants, if any.
- Instances of property crime will be examined to determine:
- The amount of damage/loss.
- The type of damage/loss.
- The amount of loss, which is not retrievable.
- The outcome of co-defendants, if any.
- Other factors to be considered but is not limited to:
- The youth’s attitude.
- The arresting officer’s opinion.
- The youth’s previous history.
- The parent(s) response.
- Age of the youth.
- The Gladys R. Questionnaire will be administered to any youth under the age of fourteen (14).
- In general, all misdemeanor cases are releasable: Reasonable necessity is a judgment based on the risk of re-offense and the extent of danger, damage or loss to a future victim of such re-offense. In any such decisions the reasonable person rule applies and consultation is indicated whenever a clear decision with team consensus is not possible. Juvenile Hall has developed the following criteria for the detention and release of youth at Juvenile Hall. The Probation Department shall accept into custody all WIC 602 youth delivered to Juvenile Hall by law enforcement agencies. These criteria will clarify how we make the decisions to detain or release a youth once he/she is accepted into custody.
- Mandatory Detention–Accept and retain in custody:
- WIC 707(b) crimes.
- Multiple and separate felonies.
- The offenses are committed at different times and/or places.
- The crimes were predominantly independent of each other.
- The crimes involved separate acts of violence or threats of violence.
- Felony crimes of violence.
- Felony sexual offenses
- Felony high speed pursuit (driver only)
- Warrants.
- Runaway / Terminated from placement (if return to placement is inappropriate or if the placement will not accept youth back).
- Home Supervision arrest / Electronic Monitoring violation.
- Escape from county institutions or furlough violation
- Youth who refuse to return home or whose parents refuse to reclaim the youth.
- New felony offense by a youth who is already on probation/parole.
- Any youth booked on an offense that included the use of a firearm.
- Violation of probation for a Secure Track Youth (SOAR)
- Detention Status – Acceptance, followed by an investigation to determine retention or release of youth.
- Other felonies except drugs and not listed in Section 5.
- Misdemeanors involving violence.
- Sales of drugs or possession for sale of drugs
- Possession of drugs.
- Misdemeanor, which includes the possession of a deadly weapon.
- New misdemeanor offense by youth pending intake or court action or those youth currently on probation/parole.
- All other misdemeanors
- Detention Investigation Factors:
- Aggravated factors to support detention of the youth include but are not limited to:
- Witness intimidation
- “High Profile” crime
- Runaway behavior from home
- Victim threats or victim resides in the home
- Gang membership or involvement in a gang-related crime
- Out of control behavior
- Poor or no attendance at school
- Family instability
- Threat to public safety or self
- Unable to reach parent or guardian
- Parent or guardian refused to pick-up
- Mitigating factors to support release of the youth include but are not limited to:
- Stable and supportive family or caregiver
- Good attendance in school or employment
- No arrest within last year
- No prior history of arrest
- No probation or parole history
- No history of self-harm behavior or hospitalization
- Youth under the age of 12
- Aggravated factors to support detention of the youth include but are not limited to:
- All youth will be accepted from a peace officer upon completion of appropriate admission/booking forms except in the following instances:
- Any youth under the age of 12 UNLESS THEY have been booked for the following charges:
- Murder
- Rape, sodomy, oral copulation and sexual penetration (with use of force, menace, or threat of bodily injury or fear of immediate and unlawful bodily injury).
- Youth only in custody for reasons described in WIC 300.
- Persons over the age of 18 years old unless they are a Ward of the Court.
- If a local law enforcement agency books a youth and alleges only an illegal alien status, the youth will not be accepted in to the facility.
- Any youth under the age of 12 UNLESS THEY have been booked for the following charges:
- Staff may question a peace officer regarding the status of any youth when it relates to the circumstances of the arrest and the decision to detain.
- Staff cannot refuse admission or imply refusal to any peace officer unless directed to do so after consultation with the Chief Deputy.
- A Gladys R. must be completed by the arresting officer and attached to the booking sheet prior to accepting any youth under the age of 14.
- Instances of violent crime will be examined to determine:
- Holds for Other Agencies
- On occasion, other probation agencies may need overnight housing for a ward of the court in transit. Such requests will be accommodated as a courtesy, if space is available.
- If a hold is requested for a youth being transferred from a DJJ facility, we will reserve the right to refuse acceptance. The decision to hold or decline acceptance of the youth will rest on his/her status and/or disposition, if known. The custody decision requires authorization from the Chief Probation Officer.
- In the event of an arrest on a warrant, the Juvenile Hall shall accept the youth without authorization for a hold and advise the agency of jurisdiction that the youth is in custody.
- Out-Of-Home Placements: Juvenile Hall will be notified regarding San Luis Obispo County youth who have absconded from out-of-home placement. The following procedures will apply.
- The out of home placement will advise the Probation Department that the youth has absconded.
- The Control JSO will notify the assigned DPO and their SDPO by email.
- If a law enforcement agency advises the youth is in custody, the on-duty JSO III or Control JSO will request the youth be detained.
- The Control Officer will notify the youth’s assigned Probation Officer and their Supervisor via email.
- In the event of a placement failure without a law violation, we shall authorize detention and request the placement facility fax a report indicating the circumstances of the placement failure at the time of booking. Detention shall be authorized if the youth’s supervising Deputy Probation Officer should request it.
- Admission of Youth (18-25 years old) Under the Jurisdiction of the Juvenile Court
- The purpose of this section is to provide guidance in the admission of adults, between the ages of 18 - 24 years of age, who have been arrested based upon warrants issued by the Juvenile Court or a violation of a Juvenile Court order.
- Youth who are between the ages of 18 thru 24 must be directly booked into the Juvenile Hall for violation of a juvenile court order or an outstanding juvenile warrant.
- Youth up until the age of 24 arrested on a Juvenile Court warrant or a violation of a Juvenile Court order shall be booked and housed in the Juvenile Hall.
- All youth booked at the Juvenile Hall shall have a detention hearing within the statutory time.
- Any youth in Juvenile Hall who is over 18 years of age and commits a new crime while in custody may be arrested and transported to the County Jail on the new charges.
- If a Notice of Violation of Probation is filed pursuant to Section 777 of the Welfare and Institutions Code regarding a Ward, who is 18 years or older and booked into county jail for a new crime, and if that Ward is detained by the Juvenile Court on the WIC 777, the Ward shall be transferred to the Juvenile Hall if the criminal court has released the Ward from the County Jail.
- Pursuant to Section 707.1 (2) of the Welfare and Institution Code, any youth who attains the age of 18 and has been declared not a fit and proper subject to be dealt with under the Juvenile Court law, shall be delivered to the custody of the Sheriff’s unless the Court finds it is in the best interest of the person or the public that he or she be retained in Juvenile Hall.
- The Chief Deputy will have the discretion to develop and implement a specialized program of housing and treatment which, is deemed appropriate, may include separate housing and programing from younger and less sophisticated youth in compliance with Title 15.,
- Secure track youth 18 and older will adhere to the above classification process.
- Verification of Juvenile Warrant
- Juvenile Hall will ensure that, within our ability, no youth will be arrested twice on the same warrant. When any law enforcement agency indicates they are arresting a youth pursuant to a warrant, and only a warrant, that agency must be advised to contact the Sheriff’s Department requesting verification to the warrant.
- All warrants need to be checked to ensure they are a Juvenile Court warrant and not a Traffic Court warrant.
- The list of outstanding warrants at Juvenile Hall is advisory only and must be confirmed.
- When an officer arrives with a youth who has been arrested on a warrant, the original warrant should be delivered with the youth. The original warrant is to be attached to the intake copy of the Booking Sheet.
- The Juvenile Hall Booking Sheet and the log entry should show that the original warrant and the warrant number were received.
- If an officer arrives with a youth arrested on a warrant but does not have a copy of the warrant, the officer must ensure a copy is faxed and/or received by the Juvenile Hall.
- Get the number.
- At 0800 hours, the intake Officer handling detention matter, will retrieve the original warrant from the Sheriff’s Department, Warrants Division.
- In any case where a youth is brought in on a new charge as well as a warrant, hold the youth on the new charge and, if necessary, the warrant can be verified later.
- In the event that a youth is arrested on a “Ramey Warrant” (probable cause), the following procedures will apply:
- Make sure it is filled out and that the officer’s name is legible.
- Make sure the warrant has been served within the time limit that is valid and before it expires.
- Disregard any reference to bail since youth are not eligible for bail (unless they have been found “unfit” for Juvenile Court) and we have no response in that regard.
- Determine if the charge is a felony or a misdemeanor.
- If a felony, review totality of the circumstances. During non-business hours, refer to a SDPO to make a detention decision. During business hours, refer matter to intake DPO to conduct a further investigation.
- If a misdemeanor, the youth may be released on a promise to appear unless parent refuse and/or the arresting officer claims there is an escape/runaway problem. If youth is detained, log the reason and the allegation.
- Attach the warrant to the Booking Sheet, if detained, and forward to the probation officer handling detention hearings.
- The probable cause warrant can be identified by:
- Labeled as “probable cause.”
- Good for ten (10) days only.
- It is supported in its body only by a police report or statement by a police officer.
- 601 WIC Admissions: Any youth described under Section 601 of the Welfare and Institutions Code may be accepted for admission into the Juvenile Hall. If a youth held under the provisions of Section 601 are detained at Juvenile Hall a report to BOC pursuant to section 207 (e) WIC is required. Youth held under Section 601 WIC that are detained pursuant to section 207 (b) WIC can be held up to 12 hours to determine if there are any outstanding warrants; or are held up to 24 hours to locate parents (or meet the 72 hour time line exception for out of state runaways). Youth held under Section 601 WIC are not permitted to come in either visual or auditory contact with any person that is in custody under provisions of section 602 WIC. Youth described under Section 602 of the Welfare and Institutions Code, booked at Juvenile Hall may still be reduced to a 601 Welfare and Institutions Code status and released, if deemed appropriate.
- Booking of out of county Wards: The booking procedure for a youth, who is on formal probation in another county, will be as follows:
- If a warrant has been issued, we will accept the youth (with a copy of the abstract) and notify the county of residence that the warrant has been served.
- That county has five days in which to retrieve the youth from our facility or the youth will be released. The only exception would be if the youth has been booked into our facility on new San Luis Obispo County charges.
- If the youth is in a group home, and a representative seeks to book a youth as a “placement failure,” authorization and delivery arrangements with the county of jurisdiction must be made prior to acceptance.
- Booking Packet: The facility uses several forms, which constitute a booking packet. These forms are located in Monitor and will be used to collect necessary data during the booking. All relevant forms of the booking packet must be used for each youth held in the facility unless a supervisor authorizes the booking officer to make an exception. The booking packet consists of an admission record, statement of rights, initial health screening, Behavioral Health screening, permit for emergency medical care, personal property inventory, visitation and release record, check off sheet, duty to warn (if applicable), probable cause, Juvenile Hall rules and guidelines, gang identification non-association forms, non-racial agreement, classification form, CSEC assessment, and SOGIE assessment.
- Booking Traffic and/or Multiple Offenses: It is possible that youth will be delivered to Juvenile Hall pursuant to an arrest on a traffic offense and/or a combination of charges. In such cases, the following will apply:
- The booking officer will determine the most serious of the charges and make a detention/release decision.
- Felony - A felony charge can generally be identified where the description of the punishment includes mention of commitment to State Prison.
- Misdemeanor - A misdemeanor charge generally can be identified where the punishment is County Jail commitment, one year or less, and/or a fine. State Prison is not mentioned. Some misdemeanors, such as HS 11357(b), do not include any custody time.
- Infractions - An infraction can generally be identified where the punishment includes only a fine. In the Vehicle Code, offenses with no punishment listed are generally infractions.
- In the case of misdemeanors or infractions (such as a traffic warrant or a tobacco warrant), where the youth is released, the intake copy of the Booking Sheet, the warrant, and the Agreement to Appear will be sent to the appropriate Court.
- The booking officer will determine the most serious of the charges and make a detention/release decision.
- Warrant Service on Youth in Custody: When a youth is already in custody on another charge and an officer produces and presents a warrant, such as a traffic warrant, the following procedures will apply:
- The warrant can be left at the intake desk. It does not have to be served on the youth.
- Daytime service hours are between 7:00 AM and 8:00 PM.
- A new Booking Sheet will be completed. The warrant will be attached to the yellow intake copy.
- The Booking Sheet does not require the officer’s signature, but his/her name should be noted on the form.
- The reason for detention is “hold on a warrant.”
- If the youth’s original case has been completed and release is pending, the youth must be:
- Held if it is a criminal warrant.
- Released to a parent, guardian or responsible adult if it is a traffic warrant or tobacco warrant.
- The release officer will advise participants of additional court appearances.
- Booking WIC 707 Youth
- Whenever a youth who has previously been found unfit for Juvenile Court is arrested on a new charge, that individual shall be booked according to the normal procedure.
- If a WIC 707 order has been filed, the District Attorney will coordinate with the Juvenile Court Officer as to the location to which the youth will appear in Criminal Court.
- Once the youth is found unfit for Juvenile Court, and has appeared in adult court for an arraignment, bail may be set or the Court may release the individual on his/her own recognizance (OR).
- Violation of Probation Criteria for Admissions at Juvenile Hall
- A youth, who is a ward of the court, may be admitted into Juvenile Hall if the youth presents a danger to himself or herself or the community and/or has committed a law violation or violated an order of the Court.
- Youth detained for 30 days or more require a written case plan submitted to the Juvenile Hall.
- Submitted case plans shall be placed in the facility case plan binder.
- A SDPO shall audit the case plan binder monthly to insure all youth detained for 30 days or more has a written case plan.
- Consultation with the assigned Deputy Probation Officer is required prior to releasing the youth.
- WIC 300 Booking Procedure: This procedure applies to any minor booked into juvenile hall who is currently a dependent of the juvenile court pursuant to WIC section 300 or any minor who is the subject of a petition to declare them a dependent of the juvenile court pursuant to WIC section 300.
- Exception
- Minors booked into juvenile hall who are 14 years or older for the personal use of a firearm for the commission or
- attempted commission of a felony or any offense listed in WIC section 707(b) are excluded from this procedure.
- Procedure
- Upon receipt from law enforcement of any minor who is currently a dependent of the juvenile court pursuant to WIC section 300 or any minor who is the subject of a petition to declare them a dependent of the juvenile court pursuant to WIC section 300, the following procedure will be followed:
- The on duty or on call Juvenile Hall Supervising Deputy Probation Officer (SDPO) and the Superintendent of the Juvenile Hall shall be notified.
- Upon receiving notification of a minor’s booking after business hours, a Juvenile Hall SDPO will contact the appropriate parties including but not limited to the on-call social worker and whenever possible the minor’s assigned social worker and placement. During business hours, this follow up will be conducted by a Deputy Probation Officer (DPO) from the Juvenile Court Unit or designee. Based upon time and circumstances, information regarding the case shall be gathered as soon as possible but no later than 12 hours from the time of booking.
- The Superintendent of the Juvenile Hall and/or the Chief Deputy of the Juvenile Division shall be briefed on the status of the case within 12 hours from the time of booking.
- Only the Chief Probation Officer, Assistant Chief Probation Officer, Chief Deputy Probation Officer over Juvenile Services or the Superintendent of the Juvenile Hall shall make the determination a minor subject to this procedure will be detained.
- Detention Exclusions:
- Pursuant to WIC 628 (a)(2), (A), (B), and (C), the minor cannot be detained for the following reasons:
- The minor is a dependent of the juvenile court
- The minor’s placement will not take the minor back
- The Department of Social Services has no other placement for the minor:
- Once it is determined the minor is not to be detained, the Chief Probation Officer, Assistant Chief Probation Officer, Chief Deputy Probation Officer over Juvenile Services or the Superintendent of the Juvenile Hall can allow the minor to remain in juvenile hall up to 24 hours awaiting pick up by the Department of Social Service. Under no circumstances can a minor, who is not to be detained, remain at Juvenile Hall longer then the detention time frames set out in California Rules of Court 5.752.
- Exception
- Contraband at Booking: It is unlawful and a felony for a person to knowingly bring into or send into Juvenile Hall any controlled substance, firearm, weapon, explosive, tear gas or tear gas weapon. Any person who knowingly brings or sends into Juvenile Hall any controlled substance, firearm, weapon, explosive, tear gas or tear gas weapon is guilty of a felony or misdemeanor (WIC 871.5(a)). Any person who knowingly brings or sends into, or knowingly assists in bringing into Juvenile Hall any alcoholic beverage shall be guilty of a misdemeanor (WIC 871.5(d)). Should this situation occur, the following procedure will be followed:
- Law enforcement booking - The officers may take the material as evidence and add a new charge of possession. Otherwise, the Juvenile Hall booking officer will follow the department’s Seizure, Control and Processing of Property and Evidence Policy
- Probation Violation – The Deputy Probation Officer will take material as evidence and may add a new charge.
- Juvenile Admission Record
- The Juvenile Admission Record (Juvenile Hall B-1) is used as a Booking Sheet at Juvenile Hall. The form will be used for all WIC 602 bookings. The law enforcement or peace officer delivering the youth or authorizing detention will be responsible for completing all sections in Part I, as well as other applicable sections. All spaces must have some notation indicating that they have not been overlooked.
- Court-ordered commitments all require a completed Admission Record. The JSOIII or Supervisor on duty or their designee, shall complete the Admission Record.
- The court officer will sign the form as transporting officer when applicable and either list the length of commitment or provide a copy of the court order. This must be done each time the youth arrives at Juvenile Hall.
- In all cases, the booking officer shall fully complete Part II. At the conclusion of the booking process, all copies will be distributed. The last copy will always be given to the person delivering the youth to the facility (this can be the youth, him/herself).
- As soon as it is known (often at booking) indicate in Part III the name of the person to whom the youth will be released. Upon release, the person accepting the youth must sign him/her out. The staff making the release will complete Part III, insuring that the date and time of release are noted. No officer is allowed to leave the facility until Part I is completed to the satisfaction of the booking officer, except in the case of emergency.
- If the booking occurs at shift change, the outgoing staff should ensure the completion of the Booking Sheet or hold the law enforcement officer or Deputy Probation Officer until the oncoming staff can accept responsibility for the booking. The staff signing the Booking Sheet as booking officer accepts responsibility for the completeness of Part I and is the person authorizing the officer to leave the facility.
- Medi-Cal Insurance Pursuant to AB133/CalAIM. Effective January 1, 2023, CalAIM requires all counties to implement a Pre-Release Medi-Cal Application Process to ensure all youth who are released from County Correctional Facilities and County youth Correctional Facilities receive timely access to Medi-Cal services, if otherwise eligible. Department of Social Services (DSS) will collaborate with the Probation Department in assisting youth with submitting an application for, or otherwise assisting their enrollment in, a health insurance affordability program consistent with federal requirements. The Probation Department will additionally work with DSS in informing them of the incarceration status of youth, in order for DSS to appropriately suspend and activate (unsuspend) Medi-Cal coverage for beneficiaries as part of the CalAIM initiative.
- A medical insurance screening shall be completed during the parental notification process of a new booking.
- The medical insurance questions are located on the “627.5 WIC Parental Notification” document in Monitor.
- Following the completion of the document, the medical insurance assessment must be inputted in Monitor under the “Assessments” tab.
- If a youth’s parent(s)/guardian(s) inform staff the youth has medical insurance, no further action is required.
- If a youth does not have medical insurance, and the parent(s)/guardian(s) are not interested in Medi-Cal services, no further action is required at that moment.
- When a youth’s parent or guardian is declining Medi-Cal enrollment, and it is determined to be not be in the best interest of the youth, the Probation Department will work in collaboration with the DSS to enroll the youth into service.
- When a youth does not have medical insurance, and the parent(s)/guardian(s) are interested in enrolling in Medical Services, and the youth is under the age of 18:
- Inform the parent(s)/guardian(s) that someone will be in contact with them from the Department of Social Services.
- A JSOIII will notify the Department of Social Services Medi-Cal Program Manager via email, CCing PR_JUV_JSOII, requesting assistance in enrolling a youth in services.
- Notify the Department of Social Services Medi-Cal Program Manager a family is interested in enrolling their child into Medi-Cal Services. Provide the Program Manager the youth’s name, the youth’s parent(s)/guardian(s) name and their contact information.
- The Medi-Cal Program Manager will reach out to the parent(s)/guardian(s) to enroll their child into Medi-Cal Services.
- When a youth does not have medical insurance, and the youth is over 18 years of age, staff must confirm if the young adult is interested in services or not. Even if the parent(s)/guardian(s) want their child enrolled in services, the young adult is of legal age and must enroll themselves.
- If the young adult is interested in services, notify the Department of Social Services Medi-Cal Program Manager a young adult (18 or older) wishes to enroll in services. Coordinate a Zoom visit with the Medi-Cal Manager for the young adult as soon as reasonably possible (if detained, it must be completed prior to their 28th day incarcerated). Once the Zoom meeting has been completed, the Program Manager or their designee will email or fax the completed application to the Juvenile Hall (805) 781-1113.
- Staff will obtain the youth’s signature and email or fax the application back.
- Provide the original copy to the youth/young adult for their records.
- If the youth is released prior to completing a Medi-Cal Application, staff shall provide the youth, as part of discharge paperwork, a Department of Social Services resource guide on ways to apply for Medi-Cal.
- Youth incarcerated with a release date within 28 days of their booking, the Department of Social Services does not need to be notified of the youth’s custody status.
- Medi-Cal suspension
- Youth incarcerated beyond 28 days, a legal clerk will notify the Department of Social Services Medi-Cal Program Manager of the youths incarceration status so Medi-Cal Services may be suspended. At a minimum, the legal clerk shall provide the following to the Department of Social Services:
- The name and address of the San Luis Obispo County Juvenile Hall, along with the contact information for Juvenile Hall (805-781-5389).
- Youth’s full name (including any known aliases), date of birth, CIN/SSN, county and address where the youth intends to reside, mailing address, and contact information of any Authorized Representative or parent or legal guardian (if applicable).
- Date of incarceration and expected or actual release date (if known or applicable). The legal clerk will keep the Department of Social Services informed of any changes in the release date.
- Medi Cal re-activation
- When a youth has been incarcerated beyond 28 days, a legal clerk will inform the Department of Social Services a week prior to the expected release date, and no later than one (1) business day from the date of release in the case of unplanned release. The legal clerk shall provide as much notice as possible, to allow the Department of Social Services to activate (unsuspend) benefits, as applicable. At a minimum, the legal clerk shall provide the following to the Department of Social Services:
- Full Name (and any known aliases);
- Date of birth;
- CIN/SSN; and
- Known or estimated release date.
- When a youth has been incarcerated beyond 28 days, a legal clerk will inform the Department of Social Services a week prior to the expected release date, and no later than one (1) business day from the date of release in the case of unplanned release. The legal clerk shall provide as much notice as possible, to allow the Department of Social Services to activate (unsuspend) benefits, as applicable. At a minimum, the legal clerk shall provide the following to the Department of Social Services:
- Post Dispositional / Committed Youth: Any youth who are court ordered to serve post dispositional custody time in Detention (including Secure Track Youth)or the Coastal Valley Academy, will be provided with a copy of their court orders stating the amount of days they are to serve in custody and the date they are to be released.
- Master File: The youth master file is maintained electronically in Monitor. The master file will contain all documents relating to the youth’s case. Every time a youth is booked into custody additional forms will be completed and stored under the booking event. A paper file will be stored in the Control Room at the time of booking. This will contain visitor and medical information as well as court orders. At the time of release, the paper file will be stored. Should the youth be booked into custody again, the paper file will be retrieved and put into use in the current case. New forms will be inserted into the paper file on top of the existing forms.
- Questioned by Law Enforcement: Law enforcement may question a youth during or after the booking procedure if they are 18 and over and have waived their right to counsel. Any youth under the age of 18 shall not be questioned by law enforcement without consulting an attorney. Appointment of an attorney usually happens at the time of the detention hearing. Law enforcement officials can question a youth by telephone provided:
- A youth is 18 years or older.
- No attorney has been assigned.
- The officer’s identity can be verified.
- Removing Restraints: After completing the pat down, the youth should be advised that the restraints will be removed. The Officer should make their expectations clear and the youth given specific directives as to where he/she is to place their hands after the restraints are removed. As one handcuff is removed, the youth should be directed to place their loose hand behind their back. This directive should be repeated as the second handcuff is removed. In the case of leg irons, the youth should be assisted to a chair or bench, where he/she should kneel, while facing forward. The youth should be directed to continue to face forward while the process is completed.
- Fingerprinting
- Youth admitted to the Juvenile Hall for a criminal offense shall be fingerprinted.
- Youth should be fingerprinted within 24 hours of booking or prior to release whichever comes first.
- Completion of fingerprints shall be verified and completed, if necessary, prior to releasing a youth from custody.
- Notification of Public Defender: Notification to the Public Defender Pursuant to WIC 627(c). Immediately after being taken to a place of confinement pursuant to this article, and no later than two hours after a minor has been taken into custody, the probation officer shall immediately notify the public defender that the minor has been taken into custody. Therefore, the following notification will be made by the Control Officer when a youth (UNDER 18) is booked into the Juvenile Hall:
- Upon the booking (and NO later than 2 hours) of a minor into the juvenile Hall the Control Officer will email [email protected] and PR_JUV_JSOIII
- The notice will include the following information:
- Name of minor (keep in mind it only applies to minors)
- DOB of minor
- Date/Time of Booking of minor
- Name of assigned attorney, if any.
- Booking Charges (to include PVs if that is booking reason)
DO NOT SEND BOOKING SHEET