Bill > SB821

This bill modifies criminal procedure rules for arraignments and probable cause determinations for both adult and juvenile arrests. Specifically, the bill requires courts to review the basis for warrantless arrests promptly, but no later than 48 hours after the arrest, and make an initial determination of whether probable cause exists that an offense was committed. For adults, the court must review the arrest basis using sworn statements or police reports, which can be done in chambers or remotely and does not need to be an adversarial proceeding. If the court finds no probable cause, the arrested person must be immediately released, and both the arrested person and their custodian must be notified. For juveniles, similar requirements are established, with the additional provision that the public defender or indigent defense provider must also be notified of the release. The bill removes previous exemptions for judicial holidays and petition filing that allowed delays in probable cause determinations. It also expands the requirement for written review and approval by a probation officer for juvenile detentions lasting more than 24 hours to apply to all crimes, not just certain misdemeanors. The bill is intended to codify a Supreme Court ruling that ensures prompt judicial review of warrantless arrests and protects individual rights by requiring timely probable cause determinations.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB821