Under existing law, a peace officer can take a minor into temporary custody when the officer has reasonable cause to believe that the minor has committed a crime or violated an order of the juvenile court. AB 2644 enacts two changes to the procedural protections afforded to minors taken into custody.
First, whenever a minor is taken into custody, the bill requires that the county’s public defender or other indigent defense provider be notified. This notice must take place immediately after a minor in custody is taken before a probation officer or other placer of confinement, and in no event later than 2 hours after the minor was taken into custody.
In addition, effective January 1, 2024, the bill prohibits law enforcement officers from employing threats, physical harm, deception, or psychologically manipulative interrogation tactics, during a custodial interrogation of a minor. The bill defines “psychologically manipulative interrogation tactics” as including interrogation practices that rely on a presumption of guilt or deceit, make promises of leniency, or employed a “forced choice” strategy. The bill contains a limited exception for questioning that an officer believes necessary to obtain information about an imminent threat to life or property.
(AB 2644 amends Section 627 of, and adds Section 625.7 to, the Welfare and Institutions Code.)