Corrections Standards Authority
Related Links
Minors In The Custody Of Law Enforcement FAQs
- Can I detain a minor arrested for a criminal offense under 602 WIC in a law enforcement facility that contains a "lockup"?
- What is the difference between a "jail" and a "lockup"?
- When does the clock start and stop for the 6-hour rule?
- Can I ever exceed the 6-hour limit?
- What would happen if I detain a minor for more than 6 hours under circumstances not included in question #4?
- What types of detention are available to law enforcement officers detaining minors in lockups or temporary holding facilities?
- What does "secure detention" mean?
- What Does "non-secure custody" mean?
- When can I place a minor in "secure detention"?
- What guidelines should be used to determine if a minor presents a serious security risk of harm to self or others?
- What specific procedures must be followed when minors are held under secure detention?
- Is there such a thing as a State approved "juvenile detention log" which law enforcement agencies could use to record secure detentions?
- Is it considered "secure detention" to leave minors handcuffed to themselves while outside of locked enclosures if they are not secured to stationary objects?
- How often do I have to check on a minor in secure detention?
- Can I secure a minor to a chair or table?
- How often do I have to check on a minor in non-secure custody?
- What does "sight and sound" separation mean?
- Are there any times when detained minors may be in the same area as adult inmates?
- What do law enforcement agencies need to provide minors who are in temporary custody at their facility?
- Are there any special concerns that law enforcement agencies must address in their written policies and procedures before holding minors in temporary custody at their facilities?
- What written policies and procedures must be developed by law enforcement agencies to address the death of a minor being held in temporary custody at their facility?
- What special procedures must be followed by law enforcement agencies detaining minors who are or appear to be, under the influence of one or more intoxicating substances?
- Can a minor ever be housed in the same cell as an adult?
- Can minors be temporarily detained in a jail?
- Are there any other occasions when a minor may be detained (housed) in a jail?
- Who do I call if I have more questions about minors in my facility?
Yes. Welfare and Institutions Code Section 207.1 allows minors who are detained for criminal offenses (602 WIC) to be in temporary custody in law enforcement facilities that contain lockups for up to 6 hours. This time is allowed to enable the law enforcement agency to investigate the case, facilitate the release of the minor to a parent or guardian or arrange transfer to an appropriate juvenile facility. While in the building that contains the lockup the minors may not come into, or remain in "contact" with adult inmates (refer to questions 17 and 18 for additional information).
2. What is the difference between a "jail" and a "lockup"?
Welfare and Institutions Code (WIC) Section 207.1(i)(1) defines a "jail" as "…a locked facility administered by a law enforcement or governmental agency the purpose of which is to detain adults who have been charged with violations of criminal law and are pending trial, or to hold convicted adult criminal offenders sentenced for less than one year."
WIC Section 207.1(i)(2) defines a "lockup" as "…any locked room or secure enclosure under the control of a sheriff or other peace officer that is primarily for the temporary confinement of adults upon arrest."
Generally speaking, a jail is a Type II, III or IV Facility while a lockup is a Temporary Holding or a Type I Facility as defined in Title 15, Section 1006, California Code of Regulations. In addition, a law enforcement facility that does not contain a detention facility, but does contain a locked room or secure enclosure primarily used for the temporary confinement of adults upon arrest is also a "lockup." The key to the difference is whether the facility is holding sentenced adult inmates other than inmate workers.
3. When does the clock start and stop for the 6-hour rule?
The 6-hour limit begins when a minor enters a law enforcement facility that contains a lockup and ends when the minor leaves the facility.
4. Can I ever exceed the 6-hour limit?
Generally, no. The only exceptions to the "6-hour rule" are under the limited conditions of inclement weather, acts of God, or natural disasters, which result in the temporary unavailability of transportation. Extensions may be granted by the Board of Corrections on a case-by-case basis. An exception may also be granted to an "offshore law enforcement facility" (Catalina Island) if transportation is unavailable.
Although you and your agency would be in violation of 207.1 WIC, there are no formal sanctions. You would need to report this violation in the agency’s monthly report to the Board of Corrections, and your agency would be contacted by a BOC staff to examine the circumstances of this violation and, if appropriate, to provide technical assistance. Additionally, this is a violation of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) and must be reported in the state’s annual audit. Ultimately, if the number of violations of the 6-hour rule exceed the state’s de minims allowance, federal funding under the JJDPA to the state (approximately 14 million annually) would be in jeopardy.
Minors may be detained in law enforcement facilities under either secure detention or non-secure custody.
7. What does "secure detention" mean?
A minor is in "secure detention" whenever they are detained in a locked room, cell or enclosure, or secured to a stationary object such as a handcuffing rail. For purposes of the secure detention definition, a chair is also considered a stationary object. Secure detention would also exist if a minor were detained in a building, or portion of a building, in which all doors are locked to the inside.
8. What Does "non-secure custody" mean?
A minor is in "non-secure custody" whenever their freedom is controlled by staff of the facility; and (1) the minor is under constant personal visual observation and supervision by staff of the law enforcement facility; (2) the minor is not locked in a room or enclosure; and (3) the minor is not physically secured to a cuffing rail or other stationary object.
9. When can I place a minor in "secure detention"?
A minor may be placed in secure detention if he meets all of the following criteria:
- must be 14 years-of-age or older; and
- must be in custody for a 602 WIC violation; and
- must present a serious security risk of harm to self or others.
In making the determination as to whether the minor presents a serious security risk of harm to self or others, the officer may consider the following factors and must be able to articulate which one of the factors resulted in the minor’s being placed in secure detention:
- age, maturity and delinquent history of the minor;
- severity of the offense for which the minor was taken into custody;
- minor’s behavior, including the degree to which the minor appears cooperative or non-cooperative;
- the availability of staff to provide for the adequate supervision or protection of the minor; and
- the age, type, and number of other individuals who are detained in the facility.
11. What specific procedures must be followed when minors are held under secure detention?
The minor must be informed of the following at the time they are securely detained:
- the purpose of the secure detention;
- the length of time the secure detention is expected to last; and
- the maximum six-hour detention time limit.
In addition to the aforementioned notification requirements, a written record must be maintained by the law enforcement agency which:
- shows the offense which is the basis for the minor’s detention;
- shows the reason(s) which formed the basis for the minor’s being placed into secure detention;
- shows the length of time the minor was held in secure detention; and
- reflects the times the minor received security checks (at least one every half hour) and the identification of the person completing the checks.
Law enforcement personnel shall also ensure that the minor is adequately supervised at all times and that contact (communication) between minors in custody and adult inmates does not take place.
Yes. The Board of Corrections has developed a Secure Detention of Juveniles Log which was designed to assist law enforcement agencies in recording all of the information required by Welfare and Institutions Code Section 207.1 for securely detained minors. In addition, the Board of Corrections has developed a Non-Secure Detention of Juveniles Log which is designed to assist law enforcement agencies in complying with the 6-hour rule for juveniles held in non-secure custody. Both of these logs may be obtained by contacting the Board of Corrections at (916) 445-5073.
No. Minors may be handcuffed to themselves at all times during non-secure custody.
14. How often do I have to check on a minor in secure detention?
Minors in secure detention inside a locked enclosure must receive constant audio access to facility staff. This requirement may be met through the use of an audio monitoring system. In addition, staff must provide documented, unscheduled and personal visual safety checks at least once every thirty minutes. Minors who are securely detained outside a locked enclosure (e.g. a handcuffing rail) must receive constant personal visual supervision.
15. Can I secure a minor to a chair or table?
If a minor is secured to a table, bench or chair, it is considered "secure detention" and all of the criteria for placing a minor in this position would apply. In addition, the minor must be continuously supervised by facility staff to ensure the minor’s safety. Securing a minor to a fixed object must be approved by a watch commander after 30 minutes and every 30 minutes thereafter. This approval shall be documented stating the reasons for continuing secure detention. This would normally occur when secure detention is appropriate and a locked enclosure is unavailable. The minor must be moved to a locked enclosure as soon as one becomes available.
16. How often do I have to check on a minor in non-secure custody?
You are required to provide a constant personal visual supervision for any minor in non-secure custody. You may not use any audio, video or other electronic device to replace the personal visual supervision.
17. What does "sight and sound" separation mean?
"Sight and sound" separation means that a minor may not come into contact with adult inmates or arrestees in law enforcement facilities that contain jails or lockups. California statutes and regulations do not specifically use the term "sight and sound". Instead, Welfare and Institutions Code Section 208(a) provides that it is "unlawful" to permit minors to come or remain in contact with adult inmates. "Contact" is defined as communications, whether visual or verbal or immediate physical presence.
18. Are there any times when detained minors may be in the same area as adult inmates?
Yes. Title 15 regulations specify that there are four situations in which an adult inmate, including an inmate worker, may be in the same room or area with a detained minor. However, staff of the law enforcement facility must maintain constant side-by-side presence with either the inmate or the minor to ensure that no communications occur. The four situations during which this "incidental presence" may occur are:
- booking;
- medical screening;
- where an inmate worker is performing work necessary for the operation of the law enforcement facility, such as meal service or janitorial duties; and
- during the movement of persons in custody within the facility.
All minors in temporary custody (secure detention and non-secure custody) must receive:
- access to toilets and washing facilities;
- one snack upon request during the term of temporary custody if the minor has not eaten in the past four hours or is otherwise in need of nourishment;
- access to drinking water; and
- privacy during consultations with family, guardian and/or lawyer.
In addition, minors in secure detention inside locked enclosures shall be:
- provided blankets and clothing as necessary to provide for the comfort of the minor; and
- permitted to retain and wear their personal clothing unless the clothing is inadequate, presents health or safety problems, or is required to be utilized as evidence of an offense.
Yes. The facility administrator shall develop written policies and procedures concerning minors being held in temporary custody which shall address:
- suicide risk and prevention;
- use of restraints;
- emergency medical assistance and services; and
- prohibiting the use of discipline upon detained minors.
The facility administrator is responsible for developing written policies and procedures which:
- assure that a medical and operational review is conducted for every in custody death of a minor; and
- ensure that the Board of Corrections is provided with a copy of the report submitted to the attorney general under Government Code Section 12525 within 10 calendar days after the death of a detained minor.
Written policies and procedures shall be developed which require:
- obtaining a medical clearance prior to booking any minor known to have ingested or who appears to be under the influence of, one or more intoxicating substances at the law enforcement facility; and
- conducting and documenting personal observations of the detained minor no less than once every 15 minutes until resolution of the intoxicated state.
23. Can a minor ever be housed in the same cell as an adult?
No.
24. Can minors be temporarily detained in a jail?
Generally, under current law, minors may not be temporarily detained for any period of time in a jail. The exception to this rule is when the law enforcement agency needs to administer an evaluation, test or chemical test pursuant to vehicle code section 23157. When this occurs, there must not be equipment to complete such a test at a juvenile detention facility within a reasonable distance, the minor may not be locked in any cell or room within the law enforcement facility or jail, and the minor must be continuously supervised to ensure that no contact occurs with adult inmates.
25. Are there any other occasions when a minor may be detained (housed) in a jail?
Minors may be detained in jails only after they have been transferred to the jurisdiction of an adult court as a result of allegedly committing an offense enumerated in 707.01 WIC. In addition, the juvenile court judge must issue a finding that the minor’s continued detention in juvenile hall would endanger the safety of the public or other minors at the juvenile hall. Also, once detained at the jail, the minor must be adequately supervised and may not come into contact with adult inmates except as restricted in accordance with Section 208 WIC.
26. Who do I call if I have more questions about minors in my facility?
Please contact your assigned field representative at the Board of Corrections or the duty officer at (916) 445-5073.