SB1009 - Juveniles: detention.

Amended IN Assembly August 17, 2026 Amended IN Assembly August 13, 2026 Amended IN Assembly June 25, 2026 Amended IN Senate May 14, 2026 Amended IN Senate April 07, 2026 Amended IN Senate March 18, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1009 Introduced by Senator Becker (Coauthors: Senators Cortese and Richardson) (Coauthors: Assembly Members Harabedian and Quirk-Silva) February 10, 2026 An act to amend Sections 635, 636, 726, 730, and 875 of, and to add Section 636.3 to, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST SB 1009, as amended, Becker. Juveniles: detention. (1) Existing law requires a court to determine whether a minor in custody will be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another and whether continuance in the home is contrary to the minor’s welfare. This bill would prohibit the court from ordering that a minor be detained in a juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. The bill would also require the court, upon request, to reconsider whether continued detention in the juvenile hall is necessary based on new or current information and consistent with these provisions. (2) Existing law prohibits a ward or dependent child from being taken from the physical custody of a parent or guardian unless the court makes specified findings. Under existing law, if a minor is removed from the physical custody of the minor’s parent or guardian as a result of an order of wardship pursuant to specified provisions, the order is required to specify the period of imprisonment. Existing law authorizes the court to commit a minor to a juvenile hall, juvenile home, ranch, camp, or forestry camp. This bill would prohibit a minor from being committed to physical confinement, unless the court finds that a less restrictive alternative disposition for the ward is unsuitable. The bill would require the court to consider, prior to removing a minor from the physical custody of the minor’s parent or guardian, whether reasonable efforts were made to prevent or eliminate the need for removal or continued removal from the home, and whether services could be provided to enable the child’s parent or legal guardian to effectively provide the care and control necessary for the child to return home. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) It is widely recognized that youth held in secure facilities while awaiting court hearings experience significant negative impacts as a result of incarceration. Research highlights the traumatizing effect of detention on youth, the poor educational and employment outcomes of detained youth, the exacerbation of mental health issues, and the fact that youth incarceration may increase recidivism. See The Evolution of Juvenile Justice and Probation Practices in California (2022), a report commissioned by the California Probation Resource Institute, a project of the Chief Probation Officers of California. (b) Youth confinement disrupts healthy development and worsens long-term rehabilitative outcomes. Juvenile halls concentrate in one place youth with diverse trauma histories, mental health needs, stages of adolescent development, and degree of justice system involvement. This setting can facilitate unintended peer associations and foster attitudes and choices that are contrary to the rehabilitative goals of the juvenile justice system. (c) Detention forecloses opportunities for youth to demonstrate and develop positive behavior in the community during the pendency of the proceedings and limits a youth’s ability to assist in their defense, thereby increasing the likelihood that continued confinement will be ordered at disposition. (d) Youth of color, tribal youth, LGBTQ youth, youth with disabilities, and youth involved in the child welfare system are disproportionately represented in county juvenile halls across California. Data consistently demonstrate that these populations experience significantly higher rates of detention and institutional placement compared to their peers, reflecting systemic inequities that persist at every decision point in the juvenile justice process. (e) Despite a sustained decline in youth arrest rates in recent decades, the number of detained youth has not fallen at a comparable pace. California dedicates considerable taxpayer resources to juvenile incarceration, often exceeding $250,000 annually per youth according to the Board of State and Community Corrections. These expenditures are not justified given the well-documented harms of youth confinement and the frequent availability of community-based alternatives that are shown to improve public safety outcomes as well as reduce costs. (f) The Legislature reaffirms its intention stated in Senate Bill 823 (Chapter 337 of the Statutes of 2020) to ensure that dispositions are imposed in the least restrictive appropriate environment and to reduce the use of confinement in the juvenile justice system by utilizing community-based responses and interventions. Accordingly, courts should prioritize noncustodial dispositions that maintain youth connections to their families and communities, reserving custodial commitments for circumstances in which no suitable alternative exists and, if imposed, only for the duration necessary to meet the youth’s rehabilitative needs. (g) For these reasons, the Legislature reaffirms the longstanding principle that “detention be the exception, not the rule” for justice-involved youth. (In re William M. (1970) 3 Cal.3d 16, 26.) SEC. 2. Section 635 of the Welfare and Institutions Code is amended to read: 635. (a) (1) The court will examine the minor, their parent, legal guardian, or other person having relevant knowledge, hear relevant evidence the minor, their parent, legal guardian, or counsel desires to present, and, unless it appears that the minor has violated an order of the juvenile court or has escaped from the commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that they be detained or that the minor is likely to flee to avoid the jurisdiction of the court, the court shall make its order releasing the minor from custody. (2) The court shall not order a minor detained in the juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. (b) (1) The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained. (2) The court’s decision to detain shall be based on the above factors, and shall not be based solely on the minor’s county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence. (3) If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (c) (1) The court shall order release of the minor from custody unless a prima facie showing has been made that the minor is a person described in Section 601 or 602. (2) If the court orders release of a minor who is a dependent of the court pursuant to Section 300, the court shall order the child welfare services department either to ensure that the minor’s current foster parent or other caregiver takes physical custody of the minor or to take physical custody of the minor and place the minor in a licensed or approved placement. (d) If the probation officer has reason to believe that the minor is at risk of entering foster care placement as described in Section 11402, then the probation officer shall submit a written report to the court containing all of the following: (1) The reasons why the minor has been removed from the parent’s custody. (2) Any prior referrals for abuse or neglect of the minor or any prior filings regarding the minor pursuant to Section 300. (3) The need, if any, for continued detention. (4) The available services that could facilitate the return of the minor to the custody of the minor’s parents or guardians. (5) Whether there are any relatives who are able and willing to provide effective care and control over the minor. SEC. 3. Section 636 of the Welfare and Institutions Code is amended to read: 636. (a) (1) If it appears upon the hearing that the minor has violated an order of the juvenile court or has escaped from a commitment of the juvenile court or that it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that the minor be detained or that the minor is likely to flee to avoid the jurisdiction of the court, and that continuance in the home is contrary to the minor’s welfare, the court may make its order that the minor be detained in the juvenile hall or other suitable place designated by the juvenile court for a period not to exceed 15 judicial days and shall enter the order together with its findings of fact in support thereof in the records of the court. The circumstances and gravity of the alleged offense may be considered, in conjunction with other factors, to determine whether it is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another that the minor be detained. The court shall not order a minor detained in the juvenile hall unless it makes a finding that a less restrictive alternative to detention in the juvenile hall is unsuitable. (2) The court’s decision to detain shall be based on the above factors, and shall not be based solely on the minor’s county of residence. A minor shall be given equal consideration for release on home supervision pursuant to Section 628.1, which may include electronic monitoring pursuant to Section 628.2, regardless of whether the minor lives in the county where the offense occurred. The juvenile court has authority to order the minor be placed on home supervision, with or without electronic monitoring, regardless of the minor’s county of residence. If a minor is a dependent of the court pursuant to Section 300, the court’s decision to detain shall not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. (b) If the court finds that the criteria of Section 628.1 are applicable, the court shall place the minor on home supervision for a period not to exceed 15 judicial days, and shall enter the order together with its findings of fact in support thereof in the records of the court. If the court releases the minor on home supervision, the court may continue, modify, or augment any conditions of release previously imposed by the probation officer, or may impose new conditions on a minor released for the first time. If there are new or modified conditions, the minor shall be required to sign a written promise to obey those conditions pursuant to Section 628.1. (c) If the probation officer is recommending that the minor be detained, the probation officer shall submit to the court documentation, as follows: (1) Documentation that continuance in the home is contrary to the minor’s welfare shall be submitted to the court as part of the detention report prepared pursuant to Section 635. (2) Documentation that reasonable efforts were made to prevent or eliminate the need for removal of the minor from the home and documentation of the nature and results of the services provided shall be submitted to the court either as part of the detention report prepared pursuant to Section 635, or as part of a case plan prepared pursuant to Section 636.1, but in no case later than 60 days from the date of detention. (d) Except as provided in subdivision (e), before detaining the minor, the court shall determine whether continuance in the home is contrary to the minor’s welfare and whether there are available services that would prevent the need for further detention. The court shall make that determination on a case-by-case basis and shall make reference to the documentation provided by the probation officer or other evidence relied upon in reaching its decision. (1) If the minor can be returned to the custody of the minor’s parent or legal guardian at the detention hearing, through the provision of services to prevent removal, the court shall release the minor to the physical custody of the minor’s parent or legal guardian and order that those services be provided. (2) If the minor cannot be returned to the custody of the minor’s parent or legal guardian at the detention hearing, the court shall state the facts upon which the detention is based. The court shall make the following findings on the record and reference the probation officer’s report or other evidence relied upon to make its setting determinations: (A) Whether continuance in the home of the parent or legal guardian is contrary to the minor’s welfare. (B) Whether reasonable efforts have been made to safely maintain the minor in the home of the minor’s parent or legal guardian and to prevent or eliminate the need for removal of the minor from the minor’s home. This finding shall be made at the detention hearing if possible, but in no case later than 60 days following the minor’s removal from the home. (3) If the minor cannot be returned to the custody of the minor’s parent or legal guardian at the detention hearing, the court shall make the following orders: (A) The probation officer shall provide services as soon as possible to enable the minor’s parent or legal guardian to obtain any assistance as may be needed to enable the parent or guardian to effectively provide the care and control necessary for the minor to return to the home. (B) The minor’s placement and care shall be the responsibility of the probation department pending disposition or further orde [Text truncated for display. Full text available on Congress.gov.]