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. 








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           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  








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            "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