§ 828. — 828. (Amended by Stats. 2020, Ch. 330, Sec. 4.)

California § 828.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 2.: DIVISION 2. CHILDREN
• Part 1.: PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT
• Ch. 2.: CHAPTER 2. Juvenile Court Law
• Art. 22.: ARTICLE 22. Wards and Dependent Children—Records

Text

(a)
(1)
Except as provided in Sections 389, 781, 786, 827.9, and 827.95 of this code or Section 1203.45 of the Penal Code, any information gathered by a law enforcement agency, including the Department of Justice, relating to the taking of a minor into custody may be disclosed to another law enforcement agency, including a school district police or security department, or to any person or agency that has a legitimate need for the information for purposes of official disposition of a case. When the disposition of a taking into custody is available, it shall be included with any information disclosed.
(2)
A court shall consider any information relating to the taking of a minor into custody, if the information is not contained in a record that has
been sealed, for purposes of determining whether adjudications of commission of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 of the Penal Code or to deny probation.
(b)
When a law enforcement agency has been notified pursuant to Section 1155 that a minor has escaped from a secure detention facility, the law enforcement agency shall release the name of, and any descriptive information about, the minor to a person who specifically requests this information. The law enforcement agency may release the information on the minor without a request to do so if it finds that release of the information would be necessary to assist in recapturing the minor or that it would be necessary to protect the public from substantial physical harm.

Legislative History

Amended by Stats. 2020, Ch. 330, Sec. 4. (AB 2425) Effective January 1, 2021.