Amended in Senate June 11, 2013

Amended in Assembly March 6, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 139


Introduced by Assembly Member Holden

(Coauthors: Assembly Members Brown, Chávez,begin insert Garcia,end insert Lowenthal, Maienschein,begin insert Quirk-Silva,end insertbegin delete and Ting)end deletebegin insert Ting, Wieckowski, and Wilk)end insert

(Coauthors: Senatorsbegin insert De León,end insert Liubegin insert,end insert and Padilla)

January 17, 2013


An act to amend Section 1203.097 of the Penal Code, and to amend Section 18305 of the Welfare and Institutions Code, relating to domestic violence.

LEGISLATIVE COUNSEL’S DIGEST

AB 139, as amended, Holden. Domestic violence: fees.

Existing law imposes a fee of $500 on every person who is granted probation for a crime of domestic violence. Two-thirds of the fee is deposited in the county’s domestic violence programs special fund to be expended in support of domestic violence shelter programs, as specified. Existing law authorizes fines to be reduced, as specified, for time served.

This bill would clarify that the $500 payment is a fee, not a fine, and that the fee is not subject to reduction for time served. The bill would also authorize 8% of the moneys deposited in the county domestic violence programs special fund to be used for administrative costs and would authorize the collection of the fee by the collecting agency or the agency’s designee after the termination of the period of probation, whether probation is terminated by revocation or by completion of the term. The bill would provide that a county board of supervisors may request, on not more than a quarterly basis, an accounting of the special fund, as specified.begin insert The bill would also make related findings and declarations.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(a) Domestic violence affects women, men, and children of all
4backgrounds, yet it still remains as an underreported crime.
5Holding perpetrators of domestic violence accountable for their
6crimes improves public safety and ensures resources are maximized
7to offer as many services to victims as possible.

end insert
begin insert

8(b) Domestic violence programs in California provide essential,
9lifesaving services for survivors and their children fleeing from
10violence. Studies show that access to these services offered by
11domestic violence shelters leads to a 60 to 70 percent reduction
12in the number of repeat assaults.

end insert
begin insert

13(c) To empower victims affected by domestic violence, the
14probationer’s fee strengthens the programs available for survivors
15and their children. Therefore, improving the assessment, collection,
16and distribution of the probationer’s fee will ensure stable funding
17for service providers and produce efficient county-level oversight.

end insert
begin insert

18(d) It is the intent of the Legislature to increase transparency
19in the assessment, collection, and disbursement of the probationer’s
20fee and to encourage the availability of domestic violence
21programs.

end insert
22

begin deleteSECTION 1.end delete
23begin insertSEC. 2.end insert  

Section 1203.097 of the Penal Code, as amended by
24Section 1.5 of Chapter 628 of the Statutes of 2012, is amended to
25read:

26

1203.097.  

(a) If a person is granted probation for a crime in
27which the victim is a person defined in Section 6211 of the Family
28Code, the terms of probation shall include all of the following:

29(1) A minimum period of probation of 36 months, which may
30include a period of summary probation as appropriate.

P3    1(2) A criminal court protective order protecting the victim from
2further acts of violence, threats, stalking, sexual abuse, and
3harassment, and, if appropriate, containing residence exclusion or
4stay-away conditions.

5(3) Notice to the victim of the disposition of the case.

6(4) Booking the defendant within one week of sentencing if the
7defendant has not already been booked.

8(5) (A) A minimum payment by the defendant of a fee of five
9hundred dollars ($500) to be disbursed as specified in this
10paragraph. If, after a hearing in open court, the court finds that the
11defendant does not have the ability to pay, the court may reduce
12or waive this fee. If the court exercises its discretion to reduce or
13waive the fee, it shall state the reason on the record.

14(B) Two-thirds of the moneys deposited with the county
15treasurer pursuant to this section shall be retained by counties and
16deposited in the domestic violence programs special fund created
17pursuant to Section 18305 of the Welfare and Institutions Code,
18to be expended for the purposes of Chapter 5 (commencing with
19Section 18290) of Part 6 of Division 9 of the Welfare and
20Institutions Code. Of the moneys deposited in the domestic
21violence programs special fund, no more than 8 percent may be
22used for administrative costs, as specified in Section 18305 of the
23Welfare and Institutions Code.

24(C) The remaining one-third of the moneys shall be transferred,
25once a month, to the Controller for deposit in equal amounts in
26the Domestic Violence Restraining Order Reimbursement Fund
27and in the Domestic Violence Training and Education Fund, which
28are hereby created, in an amount equal to one-third of funds
29collected during the preceding month. Moneys deposited into these
30funds pursuant to this section shall be available upon appropriation
31by the Legislature and shall be distributed each fiscal year as
32follows:

33(i) Funds from the Domestic Violence Restraining Order
34Reimbursement Fund shall be distributed to local law enforcement
35or other criminal justice agencies for state-mandated local costs
36resulting from the notification requirements set forth in subdivision
37(b) of Section 6380 of the Family Code, based on the annual
38notification from the Department of Justice of the number of
39restraining orders issued and registered in the state domestic
40violence restraining order registry maintained by the Department
P4    1of Justice, for the development and maintenance of the domestic
2violence restraining order databank system.

3(ii) Funds from the Domestic Violence Training and Education
4Fund shall support a statewide training and education program to
5increase public awareness of domestic violence and to improve
6the scope and quality of services provided to the victims of
7domestic violence. Grants to support this program shall be awarded
8on a competitive basis and be administered by the State Department
9of Public Health, in consultation with the statewide domestic
10violence coalition, which is eligible to receive funding under this
11section.

12(D) The fee imposed by this paragraph shall be treated as a fee,
13not as a fine, and shall not be subject to reduction for time served
14as provided pursuant to Section 1205 or 2900.5.

15(E) The fee imposed by this paragraph may be collected by the
16collecting agency, or the agency’s designee, after the termination
17of the period of probation, whether probation is terminated by
18revocation or by completion of the term.

19(6) Successful completion of a batterer’s program, as defined
20in subdivision (c), or if none is available, another appropriate
21counseling program designated by the court, for a period not less
22than one year with periodic progress reports by the program to the
23court every three months or less and weekly sessions of a minimum
24of two hours class time duration. The defendant shall attend
25consecutive weekly sessions, unless granted an excused absence
26for good cause by the program for no more than three individual
27sessions during the entire program, and shall complete the program
28within 18 months, unless, after a hearing, the court finds good
29 cause to modify the requirements of consecutive attendance or
30completion within 18 months.

31(7) (A) (i) The court shall order the defendant to comply with
32all probation requirements, including the requirements to attend
33counseling, keep all program appointments, and pay program fees
34based upon the ability to pay.

35(ii) The terms of probation for offenders shall not be lifted until
36all reasonable fees due to the counseling program have been paid
37in full, but in no case shall probation be extended beyond the term
38provided in subdivision (a) of Section 1203.1. If the court finds
39that the defendant does not have the ability to pay the fees based
P5    1on the defendant’s changed circumstances, the court may reduce
2or waive the fees.

3(B) Upon request by the batterer’s program, the court shall
4provide the defendant’s arrest report, prior incidents of violence,
5and treatment history to the program.

6(8) The court also shall order the defendant to perform a
7specified amount of appropriate community service, as designated
8by the court. The defendant shall present the court with proof of
9completion of community service and the court shall determine if
10the community service has been satisfactorily completed. If
11sufficient staff and resources are available, the community service
12shall be performed under the jurisdiction of the local agency
13overseeing a community service program.

14(9) If the program finds that the defendant is unsuitable, the
15program shall immediately contact the probation department or
16the court. The probation department or court shall either recalendar
17the case for hearing or refer the defendant to an appropriate
18alternative batterer’s program.

19(10) (A) Upon recommendation of the program, a court shall
20require a defendant to participate in additional sessions throughout
21the probationary period, unless it finds that it is not in the interests
22of justice to do so, states its reasons on the record, and enters them
23into the minutes. In deciding whether the defendant would benefit
24from more sessions, the court shall consider whether any of the
25following conditions exists:

26(i) The defendant has been violence free for a minimum of six
27months.

28(ii) The defendant has cooperated and participated in the
29batterer’s program.

30(iii) The defendant demonstrates an understanding of and
31practices positive conflict resolution skills.

32(iv) The defendant blames, degrades, or has committed acts that
33dehumanize the victim or puts at risk the victim’s safety, including,
34but not limited to, molesting, stalking, striking, attacking,
35threatening, sexually assaulting, or battering the victim.

36(v) The defendant demonstrates an understanding that the use
37of coercion or violent behavior to maintain dominance is
38unacceptable in an intimate relationship.

39(vi) The defendant has made threats to harm anyone in any
40manner.

P6    1(vii) The defendant has complied with applicable requirements
2under paragraph (6) of subdivision (c) or subparagraph (C) to
3receive alcohol counseling, drug counseling, or both.

4(viii) The defendant demonstrates acceptance of responsibility
5for the abusive behavior perpetrated against the victim.

6(B) The program shall immediately report any violation of the
7terms of the protective order, including any new acts of violence
8or failure to comply with the program requirements, to the court,
9the prosecutor, and, if formal probation has been ordered, to the
10probation department. The probationer shall file proof of
11enrollment in a batterer’s program with the court within 30 days
12of conviction.

13(C) Concurrent with other requirements under this section, in
14addition to, and not in lieu of, the batterer’s program, and unless
15prohibited by the referring court, the probation department or the
16 court may make provisions for a defendant to use his or her
17resources to enroll in a chemical dependency program or to enter
18voluntarily a licensed chemical dependency recovery hospital or
19residential treatment program that has a valid license issued by the
20state to provide alcohol or drug services to receive program
21participation credit, as determined by the court. The probation
22department shall document evidence of this hospital or residential
23treatment participation in the defendant’s program file.

24(11) The conditions of probation may include, in lieu of a fine,
25but not in lieu of the fund payment required under paragraph (5),
26one or more of the following requirements:

27(A) That the defendant make payments to a battered women’s
28shelter, up to a maximum of five thousand dollars ($5,000).

29(B) That the defendant reimburse the victim for reasonable
30expenses that the court finds are the direct result of the defendant’s
31offense.

32For any order to pay a fine, to make payments to a battered
33women’s shelter, or to pay restitution as a condition of probation
34under this subdivision, the court shall make a determination of the
35defendant’s ability to pay. Determination of a defendant’s ability
36to pay may include his or her future earning capacity. A defendant
37shall bear the burden of demonstrating lack of his or her ability to
38pay. Express findings by the court as to the factors bearing on the
39amount of the fine shall not be required. In no event shall any order
40to make payments to a battered women’s shelter be made if it
P7    1would impair the ability of the defendant to pay direct restitution
2to the victim or court-ordered child support. When the injury to a
3married person is caused, in whole or in part, by the criminal acts
4of his or her spouse in violation of this section, the community
5 property shall not be used to discharge the liability of the offending
6spouse for restitution to the injured spouse, as required by Section
71203.04, as operative on or before August 2, 1995, or Section
81202.4, or to a shelter for costs with regard to the injured spouse,
9until all separate property of the offending spouse is exhausted.

10(12) If it appears to the prosecuting attorney, the court, or the
11probation department that the defendant is performing
12unsatisfactorily in the assigned program, is not benefiting from
13counseling, or has engaged in criminal conduct, upon request of
14the probation officer, the prosecuting attorney, or on its own
15motion, the court, as a priority calendar item, shall hold a hearing
16to determine whether further sentencing should proceed. The court
17may consider factors, including, but not limited to, any violence
18by the defendant against the former or a new victim while on
19probation and noncompliance with any other specific condition of
20probation. If the court finds that the defendant is not performing
21satisfactorily in the assigned program, is not benefiting from the
22program, has not complied with a condition of probation, or has
23engaged in criminal conduct, the court shall terminate the
24defendant’s participation in the program and shall proceed with
25further sentencing.

26(b) If a person is granted formal probation for a crime in which
27the victim is a person defined in Section 6211 of the Family Code,
28in addition to the terms specified in subdivision (a), all of the
29following shall apply:

30(1) The probation department shall make an investigation and
31take into consideration the defendant’s age, medical history,
32employment and service records, educational background,
33community and family ties, prior incidents of violence, police
34report, treatment history, if any, demonstrable motivation, and
35 other mitigating factors in determining which batterer’s program
36would be appropriate for the defendant. This information shall be
37provided to the batterer’s program if it is requested. The probation
38department shall also determine which community programs the
39defendant would benefit from and which of those programs would
P8    1accept the defendant. The probation department shall report its
2findings and recommendations to the court.

3(2) The court shall advise the defendant that the failure to report
4to the probation department for the initial investigation, as directed
5by the court, or the failure to enroll in a specified program, as
6directed by the court or the probation department, shall result in
7possible further incarceration. The court, in the interests of justice,
8may relieve the defendant from the prohibition set forth in this
9subdivision based upon the defendant’s mistake or excusable
10neglect. Application for this relief shall be filed within 20 court
11days of the missed deadline. This time limitation may not be
12extended. A copy of any application for relief shall be served on
13the office of the prosecuting attorney.

14(3) After the court orders the defendant to a batterer’s program,
15the probation department shall conduct an initial assessment of
16the defendant, including, but not limited to, all of the following:

17(A) Social, economic, and family background.

18(B) Education.

19(C) Vocational achievements.

20(D) Criminal history.

21(E) Medical history.

22(F) Substance abuse history.

23(G) Consultation with the probation officer.

24(H) Verbal consultation with the victim, only if the victim
25desires to participate.

26(I) Assessment of the future probability of the defendant
27committing murder.

28(4) The probation department shall attempt to notify the victim
29regarding the requirements for the defendant’s participation in the
30batterer’s program, as well as regarding available victim resources.
31The victim also shall be informed that attendance in any program
32does not guarantee that an abuser will not be violent.

33(c) The court or the probation department shall refer defendants
34only to batterer’s programs that follow standards outlined in
35paragraph (1), which may include, but are not limited to, lectures,
36classes, group discussions, and counseling. The probation
37department shall design and implement an approval and renewal
38process for batterer’s programs and shall solicit input from criminal
39justice agencies and domestic violence victim advocacy programs.

P9    1(1) The goal of a batterer’s program under this section shall be
2to stop domestic violence. A batterer’s program shall consist of
3the following components:

4(A) Strategies to hold the defendant accountable for the violence
5in a relationship, including, but not limited to, providing the
6defendant with a written statement that the defendant shall be held
7accountable for acts or threats of domestic violence.

8(B) A requirement that the defendant participate in ongoing
9same-gender group sessions.

10(C) An initial intake that provides written definitions to the
11defendant of physical, emotional, sexual, economic, and verbal
12abuse, and the techniques for stopping these types of abuse.

13(D) Procedures to inform the victim regarding the requirements
14for the defendant’s participation in the intervention program as
15well as regarding available victim resources. The victim also shall
16be informed that attendance in any program does not guarantee
17that an abuser will not be violent.

18(E) A requirement that the defendant attend group sessions free
19of chemical influence.

20(F) Educational programming that examines, at a minimum,
21gender roles, socialization, the nature of violence, the dynamics
22of power and control, and the effects of abuse on children and
23others.

24(G) A requirement that excludes any couple counseling or family
25counseling, or both.

26(H) Procedures that give the program the right to assess whether
27or not the defendant would benefit from the program and to refuse
28to enroll the defendant if it is determined that the defendant would
29not benefit from the program, so long as the refusal is not because
30of the defendant’s inability to pay. If possible, the program shall
31suggest an appropriate alternative program.

32(I) Program staff who, to the extent possible, have specific
33knowledge regarding, but not limited to, spousal abuse, child abuse,
34sexual abuse, substance abuse, the dynamics of violence and abuse,
35the law, and procedures of the legal system.

36(J) Program staff who are encouraged to utilize the expertise,
37training, and assistance of local domestic violence centers.

38(K) A requirement that the defendant enter into a written
39agreement with the program, which shall include an outline of the
40contents of the program, the attendance requirements, the
P10   1requirement to attend group sessions free of chemical influence,
2and a statement that the defendant may be removed from the
3program if it is determined that the defendant is not benefiting
4from the program or is disruptive to the program.

5(L) A requirement that the defendant sign a confidentiality
6statement prohibiting disclosure of any information obtained
7through participating in the program or during group sessions
8regarding other participants in the program.

9(M) Program content that provides cultural and ethnic
10sensitivity.

11(N) A requirement of a written referral from the court or
12probation department prior to permitting the defendant to enroll
13in the program. The written referral shall state the number of
14minimum sessions required by the court.

15(O) Procedures for submitting to the probation department all
16of the following uniform written responses:

17(i) Proof of enrollment, to be submitted to the court and the
18probation department and to include the fee determined to be
19charged to the defendant, based upon the ability to pay, for each
20session.

21(ii) Periodic progress reports that include attendance, fee
22payment history, and program compliance.

23(iii) Final evaluation that includes the program’s evaluation of
24the defendant’s progress, using the criteria set forth in subparagraph
25(A) of paragraph (10) of subdivisionbegin delete (a)end deletebegin insert (a),end insert and recommendation
26for either successful or unsuccessful termination or continuation
27in the program.

28(P) A sliding fee schedule based on the defendant’s ability to
29pay. The batterer’s program shall develop and utilize a sliding fee
30scale that recognizes both the defendant’s ability to pay and the
31necessity of programs to meet overhead expenses. An indigent
32defendant may negotiate a deferred payment schedule, but shall
33pay a nominal fee, if the defendant has the ability to pay the
34nominal fee. Upon a hearing and a finding by the court that the
35defendant does not have the financial ability to pay the nominal
36fee, the court shall waive this fee. The payment of the fee shall be
37made a condition of probation if the court determines the defendant
38has the present ability to pay the fee. The fee shall be paid during
39the term of probation unless the program sets other conditions.
P11   1The acceptance policies shall be in accordance with the scaled fee
2system.

3(2) The court shall refer persons only to batterer’s programs
4that have been approved by the probation department pursuant to
5paragraph (5). The probation department shall do both of the
6following:

7(A) Provide for the issuance of a provisional approval, provided
8that the applicant is in substantial compliance with applicable laws
9and regulations and an urgent need for approval exists. A
10provisional approval shall be considered an authorization to provide
11services and shall not be considered a vested right.

12(B) If the probation department determines that a program is
13not in compliance with standards set by the department, the
14department shall provide written notice of the noncompliant areas
15to the program. The program shall submit a written plan of
16corrections within 14 days from the date of the written notice on
17noncompliance. A plan of correction shall include, but not be
18limited to, a description of each corrective action and timeframe
19for implementation. The department shall review and approve all
20or any part of the plan of correction and notify the program of
21approval or disapproval in writing. If the program fails to submit
22a plan of correction or fails to implement the approved plan of
23correction, the department shall consider whether to revoke or
24suspend approval and, upon revoking or suspending approval, shall
25have the option to cease referrals of defendants under this section.

26(3) No program, regardless of its source of funding, shall be
27approved unless it meets all of the following standards:

28(A) The establishment of guidelines and criteria for education
29services, including standards of services that may include lectures,
30classes, and group discussions.

31(B) Supervision of the defendant for the purpose of evaluating
32the person’s progress in the program.

33(C) Adequate reporting requirements to ensure that all persons
34who, after being ordered to attend and complete a program, may
35be identified for either failure to enroll in, or failure to successfully
36complete, the program or for the successful completion of the
37program as ordered. The program shall notify the court and the
38probation department, in writing, within the period of time and in
39the manner specified by the court of any person who fails to
40complete the program. Notification shall be given if the program
P12   1 determines that the defendant is performing unsatisfactorily or if
2the defendant is not benefiting from the education, treatment, or
3counseling.

4(D) No victim shall be compelled to participate in a program
5or counseling, and no program may condition a defendant’s
6enrollment on participation by the victim.

7(4) In making referrals of indigent defendants to approved
8batterer’s programs, the probation department shall apportion these
9referrals evenly among the approved programs.

10(5) The probation department shall have the sole authority to
11approve a batterer’s program for probation. The program shall be
12required to obtain only one approval but shall renew that approval
13annually.

14(A) The procedure for the approval of a new or existing program
15shall include all of the following:

16(i) The completion of a written application containing necessary
17and pertinent information describing the applicant program.

18(ii) The demonstration by the program that it possesses adequate
19administrative and operational capability to operate a batterer’s
20treatment program. The program shall provide documentation to
21prove that the program has conducted batterer’s programs for at
22least one year prior to application. This requirement may be waived
23under subparagraph (A) of paragraph (2) if there is no existing
24batterer’s program in the city, county, or city and county.

25(iii) The onsite review of the program, including monitoring of
26a session to determine that the program adheres to applicable
27statutes and regulations.

28(iv) The payment of the approval fee.

29(B) The probation department shall fix a fee for approval not
30to exceed two hundred fifty dollars ($250) and for approval renewal
31 not to exceed two hundred fifty dollars ($250) every year in an
32amount sufficient to cover its costs in administering the approval
33process under this section. No fee shall be charged for the approval
34of local governmental entities.

35(C) The probation department has the sole authority to approve
36the issuance, denial, suspension, or revocation of approval and to
37cease new enrollments or referrals to a batterer’s program under
38this section. The probation department shall review information
39relative to a program’s performance or failure to adhere to
40standards, or both. The probation department may suspend or
P13   1revoke an approval issued under this subdivision or deny an
2application to renew an approval or to modify the terms and
3conditions of approval, based on grounds established by probation,
4including, but not limited to, either of the following:

5(i) Violation of this section by any person holding approval or
6by a program employee in a program under this section.

7(ii) Misrepresentation of any material fact in obtaining the
8approval.

9(6) For defendants who are chronic users or serious abusers of
10drugs or alcohol, standard components in the program shall include
11concurrent counseling for substance abuse and violent behavior,
12and in appropriate cases, detoxification and abstinence from the
13abused substance.

14(7) The program shall conduct an exit conference that assesses
15the defendant’s progress during his or her participation in the
16batterer’s program.

17(d) An act or omission relating to the approval of a batterer’s
18treatment programs under paragraph (5) of subdivision (c) is a
19discretionary act pursuant to Section 820.2 of the Government
20Code.

21

begin deleteSEC. 2.end delete
22begin insertSEC. 3.end insert  

Section 18305 of the Welfare and Institutions Code is
23amended to read:

24

18305.  

(a) At the time of issuance of a marriage license
25pursuant to Section 26840 of the Government Code, twenty-three
26dollars ($23) of each fee paid shall be collected by the county clerk
27for deposit into the county domestic violence shelter-based
28programs special fund. The fees collected in this special fund shall
29be disbursed to approved domestic violence shelter-based programs
30on a yearly or more frequent basis commencing July 1, 1980. The
31funds shall be disbursed using a request for qualification (RFQ)
32process.

33(b) The board of supervisors shall direct the county clerk to
34deposit twenty-three dollars ($23) of each fee into the county
35domestic violence shelter-based programs special fund. The county
36domestic violence shelter-based programs special fund shall fund
37domestic violence shelter-based programs established pursuant to
38Section 18304. Four dollars ($4) of each twenty-three dollars ($23)
39deposited into the county domestic violence shelter-based programs
40special fund shall be used, to the extent feasible, to support or
P14   1expand domestic violence shelter-based programs to target
2underserved areas and populations. No more than 8 percent of the
3funds shall be expended for the administrative costs associated
4with the collection and segregation of the additional marriage
5license fees, administration of the county domestic violence
6shelter-based programs special fund, monitoring of the domestic
7violence shelter-based programs, and meeting the other
8administrative requirements imposed by this chapter. Counties
9that do not participate in the establishing or funding of domestic
10violence shelter-based programs pursuant to this chapter shall be
11entitled to retain up to 4 percent of the funds for the administrative
12costs associated with the collection and segregation of the
13additional marriage license fees and the deposit of these fees in
14the county domestic violence shelter-based programs special fund.

15(c) The board of supervisors of a county may request, on not
16more than a quarterly basis, an accounting of the special fund,
17which shall include all of the following:

18(1) The balance of the special fund at the beginning of the
19request period.

20(2) Deposits into the special fund in the request period, including
21a clear breakdown of funds deposited as a result of marriage license
22fees, funds deposited as a result of the collection of domestic
23violence probation fees, and funds deposited from other sources.

24(3) Disbursements from the fund during the request period.

25(4) The fund balance at the end of the request period.



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