BILL NUMBER: AB 2373	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2014

   An act to amend Section 1203.74 of the Penal Code, relating to
probation officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2373, as introduced, Roger Hernández. Probation officers:
funding.
   Existing law requires a probation officer to notify the presiding
judge of the superior court and the board of supervisors of the
county, or city and county, upon a determination that, in the
probation officer's opinion, staff and financial resources available
to him or her are insufficient to meet his or her statutory or court
ordered responsibilities. Under existing law, that notification is
required to be in writing, to explain which of those responsibilities
cannot be met, and to explain what resources are necessary to
properly discharge those responsibilities.
   This bill would require a county, or city and county, upon receipt
of the notification described above, to provide the probation
officer with the resources he or she has identified as necessary in
that notification to properly discharge those responsibilities. By
creating new duties for local government, the bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.74 of the Penal Code is amended to read:
   1203.74.   (a)    Upon a determination that, in
his or her opinion, staff and financial resources available to him or
her are insufficient to meet his or her statutory or court ordered
responsibilities, the probation officer shall immediately notify the
presiding judge of the superior court and the board of supervisors of
the county, or city and county, in writing. The notification shall
explain which responsibilities cannot be met and what resources are
necessary in order that statutory or court ordered responsibilities
can be properly discharged. 
   (b) Upon receipt of the notification described in subdivision (a),
the county, or city and county, shall provide the probation officer
with the resources the probation officer has identified as necessary
to properly discharge his or her statutory or court ordered
responsibilities. 
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.