CA SB821

Requires courts to review warrantless arrests and make a probable cause determination within 48 hours for both adults and juveniles who remain in custody, codifying the U.S. Supreme Court's holding in County of Riverside v. McLaughlin (1991)

Mandates immediate release and notification to the arrested person and custodian if the court finds no probable cause; for juveniles, notification must also go to the public defender or indigent defense provider

Allows probable cause determinations to be made based on sworn statements from arresting officers or police reports, conducted in chambers or remotely, without requiring an adversarial proceeding

Requires the prosecution to demonstrate a bona fide emergency or extraordinary circumstance if the probable cause determination is not made within the 48-hour window

Creates mandatory court recordkeeping requirements including the probable cause determination, time and date of arrest, time and date of determination, and materials relied upon by the court