BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 431|
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                                 THIRD READING


          Bill No:  SB 431
          Author:   Benoit (R) and Leno (D)
          Amended:  4/22/09
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/28/09
          AYES:  Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,  
            Wright


           SUBJECT  :    Adult probation:  transfers

           SOURCE  :     Chief Probation Officers of California


           DIGEST  :    This bill requires that (1) when a person is  
          released on probation, the sentencing court shall transfer  
          the entire jurisdiction of the case to the county in which  
          that person permanently resides, unless the court  
          determines on the record that the transfer would not be  
          appropriate, (2) the county of the probationer's residence  
          accept the entire jurisdiction over the case, unless that  
          county determines the probationer does not intend to reside  
          within the county throughout the period of probation, (3)  
          these same provisions be applied to cases where the person  
          is placed on probation for the purpose of drug treatment,  
          pursuant to Proposition 36, and (4) the Judicial Council  
          adopt rules providing factors for the court's consideration  
          when determining the appropriateness of transfer.

           ANALYSIS  :    

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          Existing law provides for transfer of probation as follows:

          1. Whenever any person is released upon probation, the case  
             may be transferred to any court of the same rank in any  
             other county in which the person resides permanently,  
             meaning the stated intention to remain for the duration  
             of probation, provided that the court of the receiving  
             county shall first be given an opportunity to determine  
             whether the person does reside in and has stated the  
             intention to remain in that county for the duration of  
             probation.  If the court finds that the person does not  
             reside in or has not stated an intention to remain in  
             that county for the duration of probation, it may refuse  
             to accept the transfer.  The court and the probation  
             department shall give the matter of investigating those  
             transfers precedence over all actions or proceedings  
             therein, except actions or proceedings to which special  
             precedence is given by law, to the end that all those  
             transfers shall be completed expeditiously.

          2. Except where the person is granted probation for drug  
             treatment pursuant to Proposition 36, if the court of  
             the receiving county finds that the person does  
             permanently reside in or has permanently moved to the  
             county, it may, in its discretion, either accept the  
             entire jurisdiction over the case, or assume supervision  
             of the probationer on a courtesy basis.

          3. Whenever a person is granted probation under Section  
             1210.1 (Proposition 36), the sentencing court may, in  
             its discretion, transfer jurisdiction of the entire  
             case, upon a finding by the receiving court of the  
             person's permanent residency in the receiving county.

          4. The order of transfer shall contain an order committing  
             the probationer to the care and custody of the probation  
             officer of the receiving county and an order for  
             reimbursement of reasonable costs for processing the  
             transfer to be paid to the sending county in accordance  
             with Section 1203.1b.  A copy of the orders and  
             probation reports shall be transmitted to the court and  
             probation officer of the receiving county within two  
             weeks of the finding by that county that the person does  
             permanently reside in or has permanently moved to that  

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             county, and thereafter the receiving court shall have  
             entire jurisdiction over the case, with the like power  
             to again request transfer of the case whenever it seems  
             proper.  (Section 1203.9 of the Penal Code)

          This bill provides that, when a person is released on  
          probation, the sentencing court shall transfer the entire  
          jurisdiction of the case to the county in which that person  
          permanently resides, unless the court determines on the  
          record that the transfer would not be appropriate.  The  
          receiving county must accept the entire jurisdiction over  
          the case, unless it determines that the probationer does  
          not intend to reside permanently in that county.

          This bill also applies these provisions to transfers of  
          persons granted probation under Proposition 36 for drug  
          treatment.  

          This bill requires the Judicial Council to adopt rules  
          providing factors for the court's consideration when  
          determining the appropriateness of transfer, including, but  
          not limited to, (1) permanency of residency of the  
          offender, (2) local programs available for the offender,  
          and (3) restitution orders and victim issues.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/30/09)

          Chief Probation Officers of California (source)
          California Probation, Parole and Correctional Association


           ARGUMENTS IN SUPPORT  :    According to the author:

            "Current law results in a significant risk to public  
            safety with thousands of adult probationers being  
            supervised ineffectively by Probation Departments outside  
            of their County of residence.

            "Under current law, California County Probation  
            Departments are responsible for the supervision of adult  
            offenders placed on probation by the Superior Court.   

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            Most of those placed on probation reside in the County  
            where the crime, prosecution, and grant of probation  
            occurred.  This means that the Probation Department  
            supervises the Probationer residing in the Probation  
            Department's geographical jurisdiction (County), which  
            facilitates probation monitoring and supportive services  
            that promote public safety. 

            "However, thousands of adult probationers reside in a  
            different County than the probation department  
            responsible for their supervision.  Some of these adult  
            probationers are concurrently under the wasteful,  
            duplicative probation supervision of multiple probation  
            departments.  Probation departments do not have the  
            capacity to provide for effective supervision of adult  
            probationers living in other counties.

            "SB 431 would establish the Probation Department of the  
            adult probationer's County of residence as the Probation  
            Department responsible for probation supervision."

          According to the bill's sponsor, the Chief Probation  
          Officers of California, the current system has resulted in  
          very few transfers but many probationers living in a  
          different county than the probation department with  
          jurisdiction over them.  The sponsors state that this has  
          resulted in wasteful duplication of effort and a potential  
          threat to public safety.


          RJG:mw  4/30/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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