5.3 Release Procedures Pursuant to Section 1351

Chapter 5. Classification and Separation
Section 5.3
Subject Release Procedures Pursuant to Section 1351
Effective Date 11/30/2023 12:00 AM
  1. Agreement to Appear Release
    1. During the booking process, if the determination is made that the youth being brought into custody for a felony and is releasable with an ATA, the determination shall be made pursuant to Section 629 of the WIC and will be documented on the appropriate detention form. 
    2. Misdemeanors are usually releasable without an agreement to appear. providing that the youth is not currently on probation elsewhere, is not a danger to him/herself, the community or their parents.
    3.   In addition to checking CJIS to determine if the youth is on probation, the booking JSO will ask the youth and the parent.
    4. Juvenile Hall staff will verify that the youth, the parent and other siblings will not be placed in danger if he/she is released to his/her parent or other.  This determination will be made after questioning the youth and the parent[s].
  2. Agreement to Appear (ATA) forms, are available in both English and Spanish versions.  Two (2) basic forms are available and are described as follows:
    1. Form CD-724 is signed by the parent and is used primarily for release on traffic and/or tobacco (cite out) warrants.  Youth brought into Juvenile Hall on cite out warrants may be released with a notice to appear (ATA).
    2. For any traffic or WIC 256 warrants, confirm in CJIS.  During business hours, contact the court clerk requesting the youth be scheduled for court, and release on a promise to appear.  During non-business hours detain youth until the court clerk’s office is open and request the matter be calendared and release youth on a promise appear.
      •  NOTE: If in doubt, detain the youth until the matter can be further investigated by the Intake officer in the Juvenile Division.  Juvenile Hall staff will verify the identification of person who takes custody of the youth.
    3. All property belonging to the youth except contraband and or weapons will be returned to the youth at the time of his/her release.  The youth will review the inventory list of the property and sign the property sheet stating that all property of theirs has been returned to them.
    4. Juvenile Hall staff will collect all county property from the youth prior to release. 
    5.  Juvenile Hall staff will inform the nursing staff, Behavioral Health staff and school of the youth’s release from custody.
    6. Juvenile Hall staff will complete the ATA with both the parent and the    youth signatures. A completed copy will be provided to the youth. Any and all questions about the form are to be explained prior to release of the youth.
    7. After Juvenile Hall staff completes Part III of the Booking Sheet, the youth may be released.
    8. Juvenile Hall staff will print a copy of the ATA and attach it to the booking sheet and forward it to JSC. 
  3. Arrest Prior to Release
    1. Any time prior to release, a SDPO or DPO may arrest and re-book a youth for new charges.
    2.   The procedure needed to support the arrest includes:
      1.  A Crime Report will be completed by the SDPO on duty.
      2. The youth will be notified of the arrest and advised of their Miranda Rights according to the booking procedure
      3.  The youth will need to be re-booked into custody on the new charges.
      4. The youth’s assigned probation officer will be notified of the arrest and pending charges via email.
    3. The report will be forwarded to the assigned Deputy Probation Officer for review to determine if a filing will be requested by the District Attorney. 
  4. Authority to Release
    1. For those cases where Juvenile Hall receives a youth into detention from a law enforcement agency, Juvenile Hall staff may authorize subsequent release from secure detention when:  (1) the youth is otherwise eligible for release: (2) the parents/guardians are readily available; (3) the parents agree to arrive or authorize release to a responsible party at some future time; or (4) circumstances change making the release reasonable, including release to WIC 601 status; and after an investigation is conducted pursuant to Section 628 WIC.
    2. Pre-detention releases from Juvenile Hall during nonbusiness hours require SDPO approval.
    3. Release decision of youth in custody as of 0800 hours of the first working day after booking is the responsibility of the Juvenile Division Intake Officer.
  5. Computation of Time and Release Procedures for Adult Court CommitmentsYouth committed to Juvenile Hall from Adult Court, as part of a sentence imposed subsequent to a finding of unfitness in Juvenile Court will be handled differently from the rest of the population in the following regards:
    1. Such commitments are eligible for application to the Sheriff's Parole Board for hearing on "Sheriff's Parole" after serving one-half the time sentence.  It is the youth's responsibility to request such hearing and complete the application.   
    2. The court will generally provide an account of the days already served in custody, which is subtracted from the sentence time in order to compute the release date.
    3. All computations should be summarized on the Booking Sheet and checked with the supervising Deputy Probation Officer, if necessary.
    4. The court will indicate if other sentences are to be served consecutive or concurrent with the initial sentence.
    5. Upon release, send the supervising Deputy Probation Officer a copy of the Booking Sheet showing the anticipated release date.
  6. Duties at Release
    1. Prior to the youth's release from custody, the youth is responsible, unless otherwise directed, to strip the bedding from the bed, return all issued clothing to be laundered, and clean the room.
    2.   Staff is responsible to inspect the room for damage or vandalism, write an incident report if necessary, report any maintenance required to restore the room to its original condition, return the youth's property.
    3. Other Duties - Supervision Staff shall:
      1. Notify the youth's parents or guardians of the youth’s release
      2. Verify the identity of the youth being released by inspecting their wristband and photo identification.
      3. Verify the identification of all persons to whom the youth is released and assure all release papers are signed.
      4. Return all personal clothing and valuables.
      5. Notify the facility on-duty nurse for coordination with outside agencies; and, 
      6. Notify Behavioral Health and school staff.
  7. Log Entry of Release
    • All releases should include the name of the juvenile, the date the release was made, and who authorized it.  All releases are to be entered into the electronic CT Log.
  8. Released Due to Escape
    • In the event a youth escapes from the facility, the youth's Booking Sheet and documents reflecting release will show the youth was released by "escape."  The file will be closed at that time and the youth removed from the population.  Upon the youth's return, a new Booking Sheet will be required for the escape, plus any new charges.
  9. Release of youth to themselves
    1. Releasing a youth under 18 years of age to themselves is prohibited.  
    2. In the event a parent or guardian is unable to pick up the youth at release, other transport arrangements will be made with the parent’s consent.  Parental consent shall be noted in the custody file including date and time of consent and the name of the parent or guardian who gave consent. 
    3. The release of 18 year old and older youth from the facility will adhere to the following procedure: 
      1. Have the youth sign the Booking Sheet as "released to self."
      2. If the youth is leaving the facility, the youth will be considered released at the "front door."  We can be liable if we transport the youth to any location other than the place where we took custody (our front door).  Exceptions can be made upon youth's request, but such exceptions require consultation to minimize our liability.
  10. Release of Property
    1. Upon release from custody, the facility shall release and return to the youth all of the youth's property, possessions and valuables retained by the facility, except for contraband.  
    2. Missing items will be noted and every reasonable effort will be made to locate or recover the missing property and return the same to the youth at the facility's expense.
    3. The youth may authorize release of property to others.  Such release must be approved and signed for by the youth.  The facility will not be responsible for property left longer than 30 days after the youth's departure from the facility.  At that time, the assigned officer will be notified to facilitate the youth obtaining their property.
    4. Property of youth who escape will be retained 30 days and then returned to the youth's parent/guardian at their expense.
    5. Property, which cannot be returned, will be disposed of as necessary under the direction of the Chief Deputy.  The facility assumes no responsibility for property not inventoried at admission, although reasonable care will be given to protect and return all property.
  11. Temporary Release From Custody / Furlough:
    • Once a youth is in our custody, they do not leave the facility without officer escort, except for the following circumstances:
      1. ​By court order for furloughs, visits, etc.
      2. With a Deputy Probation Officer for court, appointments, pre-placement visits or interviews away from the facility.
      3. By special authorization of the administration on a case-by-case basis., 
      4. Juvenile Hall has authorization to release youth for doctor appointments, etc. per a blanket Court order, with the supervision of a JSO or DPO.
      5. Whenever a youth leaves the facility on a furlough unaccompanied by a JSO or DPO, the signature of the youth is needed upon departure. 
      6. Appointments, pre-placement visits and interviews, which do not need to be done off-site, will be done within the facility.
  12. Time/Date of Release
    1. For those youth committed by the Juvenile Court for a specific release time that date and time will be entered on the admission record.  For commitments of a nonspecific time:
    2. Forthwith - A forthwith commitment will be for the number of days indicated.  The date of booking will be considered the first day and time will be counted as calendar days.
    3. Long-Term Commitment - Same as "Forthwith."
  13. Release Procedure: If the court or probation determines the youth is releasable, complete the following:
    1.  Make sure the person ordering release is empowered to do so.  Have a court order or verify with a supervisor or with the court that an order is in the process of being prepared.
    2. The ordering official or the supervisor you speak to will be the individual identified in Part 3 of the Booking Sheet under "Release authorized by:"
    3. Verify the identity of the guardian to whom you are releasing the youth.
    4. Turn over all the youth's property according to the property sheet (no weapons).
    5. Have the youth inventory their property and sign the property sheet.
    6. Collect all county property from the youth, if applicable.
    7. Fill out Part 3 of the Booking Sheet (self-explanatory).
    8. Have the guardian sign for the youth.
    9. The youth is now free to go with the guardian.
    10. File and distribute all remaining copies of the Booking Sheet and other documents as outlined in the booking checklist, if not already accomplished.
  14. Home Supervision Release
    1.  After Detention Hearing, releases on home supervision shall be determined by court order.
    2. Home Supervision DPO and Juvenile Division to release the youth in a timely manner to the authorized adult.
    3. The youth shall be required to sign a written promise that he or she understands and will comply with the specific conditions of the Home Supervision Agreement as a condition of Home Supervision release.
    4. The youth’s parent(s), legal guardian or responsible relative shall be required to sign a written promise that he or she understands the specific conditions of the Home Supervision release and agrees to have the youth appear in Court as directed.
    5. Verify the identity of the parent or guardian to whom you are releasing the youth.
    6. The Home Supervision DPO or authorized officer is to complete the Home Supervision Release Form, review the expectations, and obtain an agreement on conditions of release.
    7.   Explain to youth and guardian that a DPO will check on youth until the next hearing. If youth violates agreement, the youth may be taken into custody.
  15. Transitional and re-entry Services
    • The facility administrator shall develop and implement policies and procedures for post-dispositional youth (CVA, Detention, and SOAR) to coordinate the provision of transitional and reentry services including, but not limited to, medical and behavioral health, education, probation supervision and community-based services.