California Welfare and Institutions Code 208.55 – (a) For purposes of this section, the following definitions …
(a) For purposes of this section, the following definitions apply:
(1) “Juvenile” means a person who meets any of the following criteria:
Terms Used In California Welfare and Institutions Code 208.55
- Custody: means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law. See California Welfare and Institutions Code 224.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(A) A person under 18 years of age.
(B) A person under the maximum age of juvenile court jurisdiction who is not currently an incarcerated adult as defined by this section.
(C) A person whose case originated in the juvenile court and is subject to Section 208.5.
(2) “Juvenile facility” means a local juvenile hall, special purpose juvenile hall, ranch or camp, secure youth treatment facility, or any other juvenile facility that is subject to compliance monitoring by the state administrative agency designated to implement the federal Juvenile Justice and Delinquency Prevention Act of 1974 and subsequent reauthorizations and amendments thereto (34 U.S.C. § 11131 et seq.).
(3) “Sight or sound contact” means any physical, clear visual, or direct verbal contact that is not brief and inadvertent.
(4) “Subject to the jurisdiction of the juvenile court” means a person alleged or found to be subject to Section 601, 602, 607, or 875.
(5) “Incarcerated adult” means a person who is 18 years of age or older, not subject to the jurisdiction of the juvenile court, and has been arrested and is in custody for, or awaiting trial on, a criminal charge, or has been convicted of a criminal offense, and is not a juvenile defined under subparagraph (C) of paragraph (1).
(b) The following shall apply to persons detained in a juvenile facility as it relates to sight or sound contact:
(1) A juvenile may have sight or sound contact with other juveniles.
(2) An incarcerated adult who is detained in a juvenile facility shall not have sight and sound contact with juveniles under 18 years of age.
(3) For the purposes of clarification only, a juvenile who is still under the jurisdiction of the juvenile court and who participates in the Pine Grove Youth Conservation Camp pursuant to Section 1760.45 shall be considered a juvenile if returned to a local juvenile facility.
(Added by Stats. 2023, Ch. 47, Sec. 28. (AB 134) Effective July 10, 2023.)