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, tobegin insert eitherend insert provide the probation officer with the resources he or she has identified as necessary in that notification to properly discharge those responsibilitiesbegin insert, or to provide a specified justification for its failure to do soend insert.begin insert 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 courtend insertbegin insert-ordered responsibilities. If the financial disclosure identifies certain discretionary moneys, the bill would require the county, or city and county, to provide those moneys to the probation officer to help meet the probation officer’s needs.end insert 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 1203.74 of the Penal Code is amended
2to read:
(a) Upon a determination that, in his or her opinion,
4staff and financial resources available to him or her are insufficient
5to meet his or her statutory or court ordered responsibilities, the
6probation officer shall immediately notify the presiding judge of
7the superior court and the board of supervisors of the county, or
8city and county, in writing. The notification shall explain which
9responsibilities cannot be met and what resources are necessary
10in order that statutory or court ordered responsibilities can be
11properly discharged.
12(b) Upon receipt of the notification described in subdivision
13(a), the county, or city and county, shallbegin delete provide the probation begin insert
do either of the following:end insert
14officer with the resources the probation officer has identified as
15necessary to properly discharge his or her statutory or court ordered
16responsibilities.end delete
17(1) Provide the probation officer with the resources the
18probation officer has identified as necessary to properly discharge
P3 1his or her statutory or court-ordered responsibilities in the
2notification described in subdivision (a).
3(2) (A) If the county, or city and county, makes a determination
4that it does not have the resources available to meet the probation
5officer’s needs as identified by the probation officer in the
6notification described in subdivision (a), the county, or city and
7county, shall, within 10 days of that determination, notify the
8probation officer and the presiding judge of the
superior court of
9that determination.
10(B) The county, or city and county, shall, within 30 days of the
11determination described in subparagraph (A), provide a full
12financial accounting of its General Fund and discretionary moneys
13in order to demonstrate that it does not have the discretionary
14resources available to meet the probation officer’s needs as
15identified by the probation officer in the notification described in
16subdivision (a). This accounting shall be prepared by an
17independent auditor who is not an employee of the county, or city
18and county.
19(C) If the county, or city and county, fails to comply with the
20deadlines in subparagraphs (A) or (B), it shall
immediately provide
21the probation officer with the resources the probation officer has
22identified as necessary to properly discharge his or her statutory
23or court-ordered responsibilities in the notification described in
24subdivision (a).
25(D) If the county’s, or the city’s and county’s, financial
26accounting described in subparagraph (B) identifies discretionary
27moneys, those moneys shall immediately be provided to the
28probation officer to help meet the probation officer’s needs as
29identified by the probation officer in the notification described in
30subdivision (a).
31(c) For the purposes of this section, “discretionary moneys”
32does not include the proceeds of any tax
imposed or levied by a
33local government solely for the local government’s purposes.
If the Commission on State Mandates determines that
35this act contains costs mandated by the state, reimbursement to
36local agencies and school districts for those costs shall be made
37pursuant to Part 7 (commencing with Section 17500) of Division
384 of Title 2 of the Government Code.
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