California § 660.5 - This section shall be known as the Expedited Youth Accountability Program. It sha

§ 660.5. This section shall be known as the Expedited Youth Accountability Program. It sha

(a) This section shall be known as the Expedited Youth Accountability Program. It shall be operative in the superior court in Los Angeles County. It shall also be operative in any other county in which a committee consisting of the sheriff, the chief probation officer, the district attorney, the public defender, and the presiding judge of the superior court votes to participate in the program, upon approval by the board of supervisors. (b) It is the intent of the Legislature to hold nondetained, delinquent youth accountable for their crimes in a swift and certain manner. (c) Each county participating in the Expedited Youth Accountability Program shall establish agreed upon time deadlines for law enforcement, probation, district attorney, and court functions which shall assure that a case which is to proceed pursuant to this section shall be ready to be heard within 60 calendar days after the minor is cited to the court. (d) (1) Notwithstanding Sections 658, 659, and 660, if a minor, who is between 12 years of age and 17 years of age, inclusive, is not detained for any misdemeanor or felony offense and is not cited to Informal Juvenile and Traffic Court pursuant to paragraphs (1) to (15), inclusive, of Section 256 and Section 853.6a of the Penal Code, the peace officer or probation officer releasing the minor shall issue a citation and obtain a written promise to appear in juvenile court, or record the minor’s refusal to sign the promise to appear and serve a notice to appear in juvenile court. The appearance shall not be set for more than 60 calendar days nor less than 10 calendar days from the issuance of the citation. If the 60th day falls on a court holiday, the appearance date shall be on the next date that the court is in session. The date set for the appearance of the minor shall allow for sufficient time for the probation department to evaluate eligible minors for informal handling under Section 654 or any other disposition provided by law. However, nothing in this section shall be construed to limit or conflict with Sections 653.1 and 653.5. (2) Upon receipt of the citation and petition, but in no event less than 72 hours, excluding nonjudicial days and holidays prior to the hearing, the clerk of the juvenile court shall issue a copy of the citation and petition to the public defender or the minor’s attorney of record. If a copy of the citation and petition is not provided at least 72 hours, excluding nonjudicial days and holidays prior to the hearing, it shall be grounds to request a continuance pursuant to Sections 682 and 700. At a hearing conducted under Section 700, the minor and minor’s parent or guardian shall be furnished a copy of the petition and any other material required to be provided under Section 659. (3) The original citation and promise or notice to appear shall be retained by the court if a petition is filed. In addition, there shall be three copies of the citation and promise or notice to appear, which shall be distributed as follows: (A) One copy shall be provided to the person to whom the citation is issued. (B) One copy shall be provided to the probation department. (C) If a petition is requested, the second copy of the citation shall go to the district attorney along with the petition request, and the third copy shall be retained by the agency issuing the citation. (4) The original citation shall include a copy of all police reports relating to the citation and a petition request. The citation shall contain the following information: (A) Date, time, and location of the issuance of the citation. (B) The name, address, telephone number if known, driver’s license number, age, date of birth, sex, race, height, weight, hair color, and color of eyes of the person to whom the citation is issued. (C) A list of the offenses and the location where the offense or offenses were committed. (D) Date and time of the required court appearance. (E) Address of the juvenile court where the person to whom the citation is issued is to appear. (F) A preprinted promise to appear which is signed by the person to whom the citation is issued, or where the person refused to sign the written promise, the notice to appear. (G) A preprinted declaration under penalty of perjury that the above information is true and correct, signed by the peace officer or probation officer issuing the citation. (H) A statement that the failure to appear is punishable as a misdemeanor. (e) The minor’s parent or guardian shall be issued a citation in the same manner as described in subdivision (b). (f) The willful failure to appear in court pursuant to a citation or notice issued as required pursuant to this section is a misdemeanor. (g) (1) Notwithstanding Section 662, if a parent or guardian to whom a citation has been issued pursuant to this section fails to appear, a warrant of arrest may issue for that person. A warrant of arrest may also issue for a parent or guardian who is not personally served where efforts to effect personal service have been unsuccessful, upon an affidavit, under penalty of perjury, signed by a peace officer stating facts sufficient to establish that all reasonable efforts to locate the person have failed or that the person has willfully evaded service of process. (2) Notwithstanding Section 663, if a minor to whom a citation has been issued pursuant to this section fails to appear, and the minor’s parent or guardian has either appeared or the prerequisite conditions for issuing a warrant against the minor’s parent or guardian under paragraph (1) have been met, a warrant of arrest may issue for the minor. (3) A warrant of arrest may also issue for a minor who is not personally served where each of the following occur: (A) Efforts to effect personal service have been unsuccessful. (B) An affidavit is submitted under penalty of perjury, signed by a peace officer, stating facts sufficient to establish that all reasonable efforts to locate the minor have failed or that minor has willfully evaded service of process. (C) The minor’s parent or guardian has either appeared or the prerequisite conditions for issuing a warrant against the minor’s parent or guardian under paragraph (1) have been met. (h) (1) Notwithstanding Section 654 or any other provision of law, a probation officer in a county in which this subdivision is applicable may, in lieu of filing a petition or proceeding under Section 654, issue a citation in the form described in subdivision (d) to the Informal Juvenile and Traffic Court pursuant to Section 256 for any misdemeanor except the following: (A) Any crime involving a firearm. (B) Any crime involving violence. (C) Any crime involving a sex-related offense. (D) Any minor who has previously been declared a ward of the court. (E) Any minor who has previously been referred to juvenile traffic court pursuant to this section. (2) This subdivision shall apply only if the case will be heard by a juvenile hearing officer who meets the minimum qualifications of a juvenile court referee and only in those counties in which a committee consisting of the sheriff, the chief probation officer, the district attorney, the public defender, and the presiding judge of the superior court vote for this subdivision to apply and then only upon approval of the board of supervisors. This approval shall be required in Los Angeles and all other counties participating in the program, and shall be in addition to that required by subdivision (a) for participation in the Expedited Youth Accountability Program. (3) In counties in which this subdivision is applicable, the probation department shall conduct a risk and needs assessment for each minor eligible for citation to the Informal Juvenile and Traffic Court pursuant to paragraph (1). The risk and needs assessment shall consider the best interest of the minor and the protection of the community. It shall also include an assessment of whether the child has any significant problems in the home, school, or community, whether the matter appears to have arisen from a temporary problem within the family which has been or can be resolved, and whether any agency or other resource in the community is better suited to serve the needs of the child, the parent or guardian, or both. (i) In the event that the probation officer places a minor on informal probation or cites the minor to Informal Juvenile and Traffic Court, or elects some other lawful disposition not requiring the hearing set forth in subdivision (b), the probation officer shall so inform the minor and his or her parent or guardian no later than 72 hours, excluding nonjudicial days and holidays, prior to the hearing, that a court appearance is not required. (j) Except as modified by this section, the requirements of this chapter shall remain in full force and effect. (k) This section shall be operative on January 1, 1998, and shall be implemented in all branches of the juvenile court in Los Angeles County on or before July 1, 1998. ( l ) It is the intent of the Legislature that an interim hearing be conducted by appropriate policy committees in the Legislature prior to January 1, 2002, to examine the success of the program in expediting punishment for juvenile offenses, reducing delinquent behavior, and promoting greater accountability on the part of juvenile offenders.