§ 1145. Decision on Secure Custody.

A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met.

In making the determination whether the minor presents a serious security risk of harm to self or others, the officer may take into account the following factors:

(a) age, maturity, and delinquent history of the minor;

(b) severity of the offense(s) for which the minor was taken into custody;

(c) minor's behavior, including the degree to which the minor appears to be cooperative or non-cooperative;

(d) the availability of staff to provide adequate supervision or protection of the minor; and,

(e) the age, type, and number of other individuals who are detained in the facility.

HISTORY

1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).

2. Amendment of section heading, first paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).

Note

Note: Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.