California Welfare and Institutions Code
Section 654
654. In any case in which a probation officer, after investigation
of an application for a petition or any other investigation he or she
is authorized to make concludes that a minor is within the
jurisdiction of the juvenile court or will probably soon be within
that jurisdiction, the probation officer may, in lieu of filing a
petition to declare a minor a dependent child of the court or a minor
or a ward of the court under Section 601 or requesting that a
petition be filed by the prosecuting attorney to declare a minor a
ward of the court under subdivision (e) of Section 601.3 or Section
602 and with consent of the minor and the minor's parent or guardian,
delineate specific programs of supervision for the minor, for not to
exceed six months, and attempt thereby to adjust the situation which
brings the minor within the jurisdiction of the court or creates the
probability that the minor will soon be within that jurisdiction.
Nothing in this section shall be construed to prevent the probation
officer from filing a petition or requesting the prosecuting attorney
to file a petition at any time within the six-month period or a
90-day period thereafter. If the probation officer determines that
the minor has not involved himself or herself in the specific
programs within 60 days, the probation officer shall immediately file
a petition or request that a petition be filed by the prosecuting
attorney. However, when in the judgment of the probation officer the
interest of the minor and the community can be protected, the
probation officer shall make a diligent effort to proceed under this
section.
The program of supervision of the minor undertaken pursuant to
this section may call for the minor to obtain care and treatment for
the misuse of or addiction to controlled substances from a county
mental health service or other appropriate community agency.
The program of supervision shall require the parents or guardians
of the minor to participate with the minor in counseling or education
programs, including, but not limited to, parent education and
parenting programs operated by community colleges, school districts,
or other appropriate agencies designated by the court if the program
of supervision is pursuant to the procedure prescribed in Section
654.2.
Further, this section shall authorize the probation officer with
consent of the minor and the minor's parent or guardian to provide
the following services in lieu of filing a petition:
(a) Maintain and operate sheltered-care facilities, or contract
with private or public agencies to provide these services. The
placement shall be limited to a maximum of 90 days. Counseling
services shall be extended to the sheltered minor and his or her
family during this period of diversion services. The minor and his
or her parents may be required to make full or partial reimbursement
for the services rendered the minor and his or her family during the
diversion process. Referrals for sheltered-care diversion may be
made by the minor, his or her family, schools, any law enforcement
agency, or any other private or public social service agency.
(b) Maintain and operate crisis resolution homes, or contract with
private or public agencies offering these services. Residence at
these facilities shall be limited to 20 days during which period
individual and family counseling shall be extended the minor and his
or her family. Failure to resolve the crisis within the 20-day
period may result in the minor's referral to a sheltered-care
facility for a period not to exceed 90 days. Referrals shall be
accepted from the minor, his or her family, schools, law enforcement
or any other private or public social service agency. The minor, his
or her parents, or both, may be required to reimburse the county for
the cost of services rendered at a rate to be determined by the
county board of supervisors.
(c) Maintain and operate counseling and educational centers, or
contract with private and public agencies, societies, or corporations
whose purpose is to provide vocational training or skills. The
centers may be operated separately or in conjunction with crisis
resolution homes to be operated by the probation officer. The
probation officer shall be authorized to make referrals to the
appropriate existing private or public agencies offering similar
services when available.
At the conclusion of the program of supervision undertaken
pursuant to this section, the probation officer shall prepare and
maintain a followup report of the actual program measures taken.
654.1. (a) Notwithstanding Section 654 or any other provision of
law, in any case in which a minor has been charged with a violation
of Section 23140 or 23152 of the Vehicle Code, the probation officer
may, in lieu of requesting that a petition be filed by the
prosecuting attorney to declare the minor a ward of the court under
Section 602, proceed in accordance with Section 654 and delineate a
program of supervision for the minor. However, the probation officer
shall cause the citation for a violation of Section 23140 or 23152
of the Vehicle Code to be heard and disposed of by the judge,
referee, or juvenile hearing officer pursuant to Sections 257 and 258
as a condition of any program of supervision.
(b) This section may not be construed to prevent the probation
officer from requesting the prosecuting attorney to file a petition
to declare the minor a ward of the court under Section 602 for a
violation of Section 23140 or 23152 of the Vehicle Code. However, if
in the judgment of the probation officer, the interest of the minor
and the community can be protected by adjudication of a violation of
Section 23140 or 23152 of the Vehicle Code in accordance with
subdivision (a), the probation officer shall proceed under
subdivision (a).
654.2. (a) If a petition has been filed by the prosecuting attorney
to declare a minor a ward of the court under Section 602, the court
may, without adjudging the minor a ward of the court and with the
consent of the minor and the minor's parents or guardian, continue
any hearing on a petition for six months and order the minor to
participate in a program of supervision as set forth in Section 654.
If the probation officer recommends additional time to enable the
minor to complete the program, the court at its discretion may order
an extension. Fifteen days prior to the final conclusion of the
program of supervision undertaken pursuant to this section, the
probation officer shall submit to the court a followup report of the
minor's participation in the program. The minor and the minor's
parents or guardian shall be ordered to appear at the conclusion of
the six-month period and at the conclusion of each additional
three-month period. If the minor successfully completes the program
of supervision, the court shall order the petition be dismissed. If
the minor has not successfully completed the program of supervision,
proceedings on the petition shall proceed no later than 12 months
from the date the petition was filed.
(b) If the minor is eligible for Section 654 supervision, and the
probation officer believes the minor would benefit from a program of
supervision pursuant to this section, the probation officer may, in
referring the affidavit described in Section 653.5 to the prosecuting
attorney, recommend informal supervision as provided in this
section.
654.3. No minor shall be eligible for the program of supervision
set forth in Section 654 or 654.2 in the following cases, except in
an unusual case where the interests of justice would best be served
and the court specifies on the record the reasons for its decision:
(a) A petition alleges that the minor has violated an offense
listed in subdivision (b) of Section 707.
(b) A petition alleges that the minor has sold or possessed for
sale a controlled substance as defined in Chapter 2 (commencing with
Section 11053) of Division 10 of the Health and Safety Code.
(c) A petition alleges that the minor has violated Section 11350
or 11377 of the Health and Safety Code where the violation takes
place at a public or private elementary, vocational, junior high
school, or high school, or a violation of Section 245.5, 626.9, or
626.10 of the Penal Code.
(d) A petition alleges that the minor has violated Section 186.22
of the Penal Code.
(e) The minor has previously participated in a program of
supervision pursuant to Section 654.
(f) The minor has previously been adjudged a ward of the court
pursuant to Section 602.
(g) A petition alleges that the minor has violated an offense in
which the restitution owed to the victim exceeds one thousand dollars
($1,000). For purposes of this subdivision, the definition of
"victim" in paragraph (1) of subdivision (a) of Section 730.6 and
"restitution" in subdivision (h) of Section 730.6 shall apply.
(h) The minor is alleged to have committed a felony offense when
the minor was at least 14 years of age. Except in unusual cases
where the court determines the interest of justice would best be
served by a proceeding pursuant to Section 654 or 654.2, a petition
alleging that a minor who is 14 years of age or over has committed a
felony offense shall proceed under Article 20.5 (commencing with
Section 790) or Article 17 (commencing with Section 675).
654.4. Any minor who is placed in a program of supervision set forth in Section 654 or 654.2 for a violation of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, or for violating subdivision (f) of Section 647 of the Penal Code or Section 23140 or 23152 of the Vehicle Code, shall be required to participate in and successfully complete an alcohol or drug education program from a county mental health agency or other appropriate community program.
654.6. A program of supervision pursuant to Section 654 or 654.2 for any minor described in Section 602 shall include constructive assignments that will help the minor learn to be responsible for his or her actions. The assignments may include, but not be limited to, requiring the minor to perform at least 10 hours of community service, requiring the minor to repair damaged property or to make other appropriate restitution, or requiring the minor to participate in an educational or counseling program. The minor or his or her parent or guardian may be required to reimburse the agency for all or part of the cost of the program of supervision if he or she has the financial ability to pay.
