Existing law requires a person, once arrested, to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified.
This bill would remove the weekends and holidays exemption, thereby requiring a person to be taken before the court within 48 hours of their arrest, or to be released, except that if the 48-hour period expires at a time that the court is in session, the arraignment can occur anytime that day.
Existing law requires a person arrested without a warrant to be taken before the nearest magistrate in the county in which the offense is triable without delay. Existing law also authorizes a peace officer to release the arrested person from custody instead of taking them before a magistrate under certain specified circumstances, including if the person was arrested for intoxication only.
This bill would require the person to be taken before the magistrate within 48 hours of their arrest. This bill would require that the court make an initial determination of probable cause, as specified, no more than 48 hours after the warrantless arrest. The bill would also require that if the court makes an initial finding of no probable cause, the court order the person to be released immediately.
Existing law similarly requires a juvenile that has been arrested to be released with 48 hours, excluding judicial holidays, unless a petition has been filed to make the minor a ward of the court or charges have been filed charging the minor as an adult.
This bill would remove the judicial holidays exemption and the petition exemption and would instead prohibit any juvenile from being held more than 48 hours if they did not receive an initial judicial determination of probable cause.
By imposing a higher level of service on prosecutors, public defenders, police, jails, and courthouses, 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 the statutory provisions noted above.Statutes affected:
02/23/23 - Amended Assembly: 825 PEN, 631 WIC
03/08/23 - Amended Assembly: 825 PEN, 849 PEN, 631 WIC