Criminal procedure: arraignment.

Senator Arreguín's criminal procedure reform legislation mandates judicial review of warrantless arrests within 48 hours for both adults and juveniles in California. The measure codifies constitutional requirements established in County of Riverside v. McLaughlin, requiring courts to promptly determine whether probable cause exists that an offense occurred and the arrested person committed it.

For adult arrests, the bill establishes specific documentation requirements and allows probable cause determinations to be conducted remotely or in chambers based on sworn officer statements. When courts find no probable cause, immediate release is required. The legislation maintains existing provisions allowing peace officers to release individuals arrested for certain offenses, including intoxication or when insufficient grounds exist for criminal complaints.

The juvenile provisions eliminate current exemptions that permit detention reviews to extend beyond 48 hours during judicial holidays or while petitions are pending. The bill expands oversight of juvenile detentions by requiring probation officer review and written approval for any detention exceeding 24 hours, regardless of offense type. Courts must document the basis for probable cause determinations, including arrest times and materials considered. Local agencies will receive state reimbursement for costs associated with implementing these new requirements.