California Welfare and Institutions Code 628.2 – (a) As used in this section, the following definitions shall …
(a) As used in this section, the following definitions shall apply:
(1) “Minor” means a person under the jurisdiction of the juvenile court pursuant to Section 602.
Terms Used In California Welfare and Institutions Code 628.2
- 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.
(2) “Electronic monitoring” means technology used to identify, track, record, or otherwise monitor a minor’s location or movement through electronic means.
(b) Electronic monitoring devices shall not be used to converse with a minor or to eavesdrop or record any conversation.
(c) A minor shall be entitled to have one day credited against the minor’s maximum term of confinement for each day, or fraction thereof, that the minor serves on electronic monitoring. The provision of custody credits pursuant to this subdivision shall apply to custody credits earned beginning January 1, 2023.
(d) If electronic monitoring is imposed for a period greater than 30 days, the court shall hold a hearing no less than once every 30 days to ensure that the minor does not remain on electronic monitoring for an unreasonable length of time. In determining whether a length of time is unreasonable, the court shall consider whether there are less restrictive conditions of release that would achieve the rehabilitative purpose of the juvenile court. If less restrictive conditions of release are warranted, the court shall order removal of the electronic monitor or modify the terms of the electronic monitoring order to achieve the less restrictive alternative.
(e) The Department of Justice shall collect data regarding the use of electronic monitoring, as specified in § 13012.4 of the Penal Code.
(Amended by Stats. 2023, Ch. 311, Sec. 26. (SB 883) Effective January 1, 2024.)