BILL NUMBER: AB 2373 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2014
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 amended, 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 either provide
the probation officer with the resources he or she has identified as
necessary in that notification to properly discharge those
responsibilities , or to provide a specified justification for
its failure to do so . The bill would require the county,
or city and county, if it makes a determination that it does not have
the resources available to meet the probation officer's specified
needs, to notify the probation officer and the presiding judge of the
superior court of that determination within 10 days. The bill would
also require the county, or city and county, within 30 days of that
determination, to make a specified financial disclosure to prove that
it is unable to meet the probation officer's needs. If the county,
or city and county, fails to comply with those deadlines, the bill
would require the county, or city and county, to immediately provide
the probation officer with the resources he or she has
identified as necessary to properly discharge his or her statutory or
court -ordered responsibilities. If the financial
disclosure identifies certain discretionary moneys, the bill would
require the county, or city and county, to pro vide those
moneys to the probation officer to help meet the probation officer's
needs. 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. do either of the following:
(1) 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 in the notification
described in subdivision (a).
(2) (A) If the county, or city and county, makes a determination
that it does not have the resources available to meet the probation
officer's needs as identified by the probation officer in the
notification described in subdivision (a), the county, or city and
county, shall, within 10 days of that determination, notify the
probation officer and the presiding judge of the superior court of
that determination.
(B) The county, or city and county, shall, within 30 days of the
determination described in subparagraph (A), provide a full financial
accounting of its General Fund and discretionary moneys in order to
demonstrate that it does not have the discretionary resources
available to meet the probation officer's needs as identified by the
probation officer in the notification described in subdivision (a).
This accounting shall be prepared by an independent auditor who is
not an employee of the county, or city and county.
(C) If the county, or city and county, fails to comply with the
deadlines in subparagraphs (A) or (B), it shall immediately 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 in the notification described in
subdivision (a).
(D) If the county's, or the city's and county's, financial
accounting described in subparagraph (B) identifies discretionary
moneys, those moneys shall immediately be provided to the probation
officer to help meet the probation officer's needs as identified by
the probation officer in the notification described in subdivision
(a).
(c) For the purposes of this section, "discretionary moneys" does
not include the proceeds of any tax imposed or levied by a local
government solely for the local government's purposes.
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.