SECTIONS 850-873 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 850-873

850. The board of supervisors in every county shall provide and
maintain, at the expense of the county, in a location approved by the
judge of the juvenile court or in counties having more than one
judge of the juvenile court, by the presiding judge of the juvenile
court, a suitable house or place for the detention of wards and
dependent children of the juvenile court and of persons alleged to
come within the jurisdiction of the juvenile court. Such house or
place shall be known as the "juvenile hall" of the county. Wherever,
in any provision of law, reference is made to detention homes for
juveniles, such reference shall be deemed and construed to refer to
the juvenile halls provided for in this article.

851. Except as provided in Section 207.1, the juvenile hall shall
not be in, or connected with, any jail or prison, and shall not be
deemed to be, nor be treated as, a penal institution. It shall be a
safe and supportive homelike environment.

852. The juvenile hall shall be under the management and control of
the probation officer.

853. The board of supervisors shall provide for a suitable
superintendent to have charge of the juvenile hall, and for such
other employees as may be needed for its efficient management, and
shall provide for payment, out of the general fund of the county, of
suitable salaries for such superintendent and other employees.

854. The superintendent and other employees of the juvenile hall
shall be appointed by the probation officer, pursuant to a civil
service or merit system, and may be removed, for cause, pursuant to
such system.

855. The probation officer shall keep a classified list of expenses
for the operation of the juvenile hall and shall file a duplicate
copy with the county board of supervisors.

856. The board of supervisors may provide for the establishment of
a public elementary school and of a public secondary school in
connection with any juvenile hall, juvenile house, day center,
juvenile ranch, or juvenile camp, or residential or nonresidential
boot camp for the education of the children in those facilities.

857. Whenever a minor is incarcerated in a juvenile hall or other
county juvenile facility for a period of at least 30 consecutive
days, the facility may inform the State Department of Social Services
of the name, date of birth, and social security number of the
incarcerated person.

862. In addition to those juveniles specified in Section 850, the
probation officer may receive and detain in the county juvenile hall
any juvenile committed thereto by process or order issued under the
authority of the United States until such juvenile is discharged
according to law as if he had been committed under process issued
under the authority of this state, provided, that, in the absence of
a valid detention order issued by a federal court, such detention
shall not exceed three judicial days. Juveniles detained pursuant to
this section shall have all the rights, powers, privileges, and
duties, and shall receive the same treatment, afforded juveniles
detained pursuant to the laws of this state. The board of supervisors
of a county may contract with the United States for reimbursement of
the county's cost incurred in the support of such juvenile.

870. Two or more counties may, pursuant to Article 1 (commencing
with Section 6500) of Chapter 5 of Division 7 of Title 1 of the
Government Code, establish and operate a joint juvenile hall. A joint
juvenile hall shall be under the management and control of the
probation officers of the participating counties, acting jointly, or
of one of such probation officers, as provided by the agreement among
the counties, and shall be in the charge of a superintendent
selected pursuant to a civil service or merit system. A joint
juvenile hall shall be operated in the manner prescribed by this
chapter for juvenile halls.
A county participating in the maintenance of a joint juvenile hall
pursuant to this section need not maintain a separate juvenile hall.

871. (a) Any person under the custody of a probation officer or any
peace officer in a county juvenile hall, or committed to a county
juvenile ranch, camp, forestry camp, or regional facility, who
escapes or attempts to escape from the institution or facility in
which he or she is confined, who escapes or attempts to escape while
being conveyed to or from such an institution or facility, or who
escapes or attempts to escape while outside or away from such an
institution or facility while under the custody of a probation
officer or any peace officer, is guilty of a misdemeanor, punishable
by imprisonment in the county jail not exceeding one year.
(b) Any person who commits any of the acts described in
subdivision (a) by use of force or violence shall be punished by
imprisonment in a county jail for not more than one year or by
imprisonment in the state prison.
(c) The willful failure of a person under the custody of a
probation officer or any peace officer in a county juvenile hall, or
committed to a county juvenile ranch camp, or forestry camp, to
return to the county juvenile hall, ranch, camp, or forestry camp at
the prescribed time while outside or away from the county facility on
furlough or temporary release constitutes an escape punishable as
provided in subdivision (a). However, a willful failure to return at
the prescribed time shall not be considered an escape if the failure
to return was reasonable under the circumstances.
(d) A minor who, while under the supervision of a probation
officer, removes his or her electronic monitor without authority and
who, for more than 48 hours, violates the terms and conditions of his
or her probation relating to the proper use of the electronic
monitor shall be guilty of a misdemeanor. If an electronic monitor is
damaged or discarded while in the possession of the minor,
restitution for the cost of replacing the unit may be ordered as part
of the punishment.
(e) The liability established by this section shall be limited by
the financial ability of the person or persons ordered to pay
restitution under this section, who shall, upon request, be entitled
to an evaluation and determination of ability to pay under Section
903.45.
(f) For purposes of this section, "regional facility" means any
facility used by one or more public entities for the confinement of
juveniles for more than 24 hours.

871.5. (a) Except as authorized by law, or when authorized by the
person in charge of any county juvenile hall, ranch, camp, or
forestry camp, or by an officer of any juvenile hall or camp
empowered by the person in charge to give that authorization, any
person who knowingly brings or sends into, or who knowingly assists
in bringing into, or sending into, any county juvenile hall, ranch,
camp, or forestry camp, or any person who while confined in any of
those institutions possesses therein, any controlled substance, the
possession of which is prohibited by Division 10 (commencing with
Section 11000) of the Health and Safety Code, any firearm, weapon, or
explosive of any kind, or any tear gas or tear gas weapon shall be
punished by imprisonment in a county jail for not more than one year
or by imprisonment in the state prison.
(b) Except as otherwise authorized in the manner provided in
subdivision (a), any person who knowingly uses tear gas or uses a
tear gas weapon in an institution or camp specified in subdivision
(a) is guilty of a felony.
(c) A sign shall be posted at the entrance of each county juvenile
hall, ranch, camp, or forestry camp specifying the conduct
prohibited by this section and the penalties therefor.
(d) Except as otherwise authorized in the manner provided in
subdivision (a), any person who knowingly brings or sends into, or
who knowingly assists in bringing into, or sending into, any county
juvenile hall, ranch, camp, or forestry camp, or any person who while
confined in such an institution knowingly possesses therein, any
alcoholic beverage shall be guilty of a misdemeanor.
(e) This section shall not be construed to preclude or in any way
limit the applicability of any other law proscribing a course of
conduct also proscribed by this section.

872. Where there is no juvenile hall in the county of residence of
minors, or when the juvenile hall becomes unfit or unsafe for
detention of minors, the presiding or sole juvenile court judge may,
with the recommendation of the probation officer of the sending
county and the consent of the probation officer of the receiving
county, by written order filed with the clerk of the court, designate
the juvenile hall of any county in the state for the detention of an
individual minor for a period not to exceed 60 days. The court may,
at any time, modify or vacate the order and shall require notice of
the transfer to be given to the parent or guardian. The county of
residence of a minor so transferred shall reimburse the receiving
county for costs and liability as agreed upon by the two counties in
connection with the order.
As used in this section, the terms "unfit" and "unsafe" shall
include a condition in which a juvenile hall is considered by the
juvenile court judge, the probation officer of that county, or the
Board of Corrections to be too crowded for the proper and safe
detention of minors.

873. (a) Upon approval of the board of supervisors of a county, the
chief probation officer of the county may establish, maintain, and
operate a store in connection with the juvenile hall or other county
juvenile facilities and for this purpose may purchase goods, articles
and supplies, including, but not limited to, confectionery, snack
foods and beverages, postage and writing materials, and toilet
articles and supplies, and may sell these goods, articles, and
supplies for cash to wards and detainees confined in the juvenile
hall or other county juvenile facilities.
(b) The sale prices of the articles offered for sale at the store
shall be fixed by the chief probation officer. Any profit shall be
deposited in a Ward Welfare Fund which shall be established in the
treasury of the county, if a store is established pursuant to
subdivision (a).
(c) There shall also be deposited in the Ward Welfare Fund, if
any, 10 percent of all gross sales of confined minor hobbycraft.
(d) There shall be deposited in the Ward Welfare Fund, if any, any
money, refund, rebate, or commission received from a telephone
company or pay telephone provider when the money, refund, rebate, or
commission is attributable to the use of pay telephones which are
primarily used by confined wards or detainees while incarcerated.
(e) The money and property deposited in the Ward Welfare Fund
shall be expended by the chief probation officer primarily for the
benefit, education, and welfare of the wards and detainees confined
within the juvenile hall or other county juvenile facilities. Any
funds that are not needed for the welfare of the confined wards and
detainees may be expended by the chief probation officer at his or
her sole discretion for the maintenance of county juvenile
facilities. Maintenance of the juvenile hall or other county juvenile
facilities may include, but is not limited to, the salary and
benefits of personnel used in the programs to benefit the confined
wards and detainees including, but not limited to, education, drug
and alcohol treatment, welfare, library, accounting, and other
programs deemed appropriate by the chief probation officer.
(f) The operation of a store within any other county juvenile
detention facility which is not under the jurisdiction of the chief
probation officer shall be governed by the provisions of this
section, except that the board of supervisors shall designate the
proper county official to exercise the duties otherwise allocated in
this section to the chief probation officer.
(g) The treasurer may, pursuant to Article 1 (commencing with
Section 53600), or Article 2 (commencing with Section 53630), of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code,
deposit, invest, or reinvest any part of the Ward Welfare Fund, in
excess of that which the treasurer deems necessary for immediate use.
The interest or increment accruing on these funds shall be deposited
in the Ward Welfare Fund.
(h) The chief probation officer may expend money from the Ward
Welfare Fund to provide indigent wards and detainees, prior to
release from the juvenile hall, any county juvenile facility, or
other juvenile detention facility under the jurisdiction of the chief
probation officer, with essential clothing and transportation
expenses within the county or, at the discretion of the chief
probation officer, transportation to the minor's county of residence,
if the county is within the state or 500 miles from the county of
incarceration. This subdivision does not authorize expenditure of
money from the Ward Welfare Fund for the transfer of any ward or
detainees to the custody of any other law enforcement official or
jurisdiction.