Juveniles: civil citation process.

Under existing law, a peace officer may take a minor into temporary custody without a warrant under specified circumstances, including when the officer has reasonable cause to believe that the minor has committed a crime and is within the jurisdiction of the juvenile court, and may release the minor, deliver the minor to a services agency, release the minor with a notice to appear before a probation officer, or promptly take the minor before a probation officer. Proceedings to declare a minor a ward of the court are commenced by the filing of a petition by a probation officer, district attorney, or prosecuting attorney. This bill would authorize a peace officer who takes a minor suspected of having committed a misdemeanor into temporary custody without a warrant to issue a civil citation to the minor if the minor consents and has not previously committed an offense. Under the bill, the officer would notify the county probation department, to which the minor would report within 7 days. The bill would require the probation department to assess the minor and to require the minor to serve no more than 50 hours of community service. The probation department would also be authorized to require the minor to participate in intervention programs. If the minor fails to report to the probation department or to fulfill the requirements of the civil citation program, this bill requires the probation department to present an affidavit with the facts constituting the original misdemeanor to the prosecuting attorney. By imposing new duties on county probation departments, and by increasing those departments' duties, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.