BILL ANALYSIS SB 431 Page 1 Date of Hearing: July 1, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair SB 431 (Benoit) - As Amended: June 4, 2009 Policy Committee: Public SafetyVote: 7-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill: 1)Requires the court, when a person is released on probation, the court to transfer jurisdiction of the case to the superior court in the county in which that person permanently resides, unless the transferring court determines the transfer would be inappropriate. 2)Requires the Judicial Council to promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall adopt rules providing factors for the court's consideration when determining the appropriateness of a transfer, including but not limited to: a) Permanency of residence of the offender. b) Local programs available for the offender. c) Restitution orders and victim issues. FISCAL EFFECT 1)Absorbable costs to the Judicial Council to develop and promulgate rules of court. 2)Unknown minor net nonreimbursable costs/savings to local probation departments as a result of the shift from informal courtesy supervision of out-of-residence probationers to automatic jurisdiction. SB 431 Page 2 COMMENTS 1)Rationale . The intent of the author and proponents, including the Chief Probation Officers Association, the Probation, Parole and Correctional Association, and the Judicial Council, is to provide uniformity and consistency in the treatment of probationers. According to the author, "There are currently an undetermined number of adult probationers who reside in a county other than the county responsible for their supervision. Some of these adult probationers are concurrently under the wasteful, duplicative probation supervision of multiple probation departments; others are entirely unsupervised by either the sentencing county or the county in which they reside. Based on a snapshot of several medium size counties, up to 40% of adult probationers reside in a county other than the sentencing county, therefore posing a significant public safety risk due to inadequate supervision in the county of residence." 2)Current law and practice provides, whenever any person is released upon probation, the case may be transferred to a court in the county in which the person lives, provided the court of the receiving county is first provided the opportunity to determine whether the person does reside in that county and intends 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 the intent to remain in that county for the duration of probation, it may refuse the transfer. The county in which the defendant was convicted maintains jurisdiction over the probationer, though the attorney for the defendant or the county probation department may request "courtesy supervision" by the defendant's county of permanent residence while he or she is on probation. Under this loosely defined "courtesy supervision" system, the county where the defendant was convicted maintains jurisdiction over the defendant while the probationer is allowed to return to the county of permanent residency and is monitored by the probation department in the county of residence. There are no uniform rules for the accepting or granting of SB 431 Page 3 "courtesy supervision" by the county of permanent residence. The county of residence has sole authority to accept or deny the transfer for any reason. This bill eliminates the need for courtesy supervision by requiring that the county of permanent residence accept the transfer of jurisdiction for the period of probation. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081