BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 431| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 : CONTINUED SB 431 Page 2 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 CONTINUED SB 431 Page 3 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. CONTINUED SB 431 Page 4 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 **** END **** CONTINUED