AB 2373,
as amended, begin deleteRoger Hernándezend delete begin insertRoger Hernándezend insert. 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 orbegin delete court orderedend deletebegin insert court-orderedend insert 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,begin delete uponend deletebegin insert
within 30 days ofend insert receipt of the notification described above, tobegin delete either provideend deletebegin insert determine if it has the resources available to meet the probation officer’s specified needs, and to either inform the probation officer and the presiding judge of the superior court that it has the resources and commence providingend insert the probation officer with the resources he or she has identified as necessary in that notification to properly discharge thosebegin delete responsibilities, or to provide a specified justification for its failure to do so. The bill would require the county, or city and county,end deletebegin insert responsibilities, orend insert
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 thatbegin delete 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 provide those moneys to the probation officer to help meet the probation officer’s needs.end deletebegin insert determination.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 orbegin delete court orderedend deletebegin insert court-orderedend insert
6 responsibilities, the probation officer shall immediately notify the
7presiding judge of the superior court and the board of supervisors
8of the county, or city and county, in writing. The notification shall
9explain which responsibilities cannot be met and what resources
P3 1are necessary in order that statutory or court ordered responsibilities
2can be properly
discharged.
3(b) begin deleteUpon end deletebegin insertWithin 30 days ofend insertbegin insert end insertreceipt of the notification described
4in subdivision (a), the county, or city and county,begin insert shall determine
5if it has the resources available to meet the probation officer’s
6needs as described in the notification, andend insert shall
do either of the
7following:
8(1) begin deleteProvide end deletebegin insertIf it determines that it has the necessary resources,
9notify the probation officer and the presiding judge of the superior
10court of that determination and commence providing end insertthe probation
11officer with the resources the probation officer has identified as
12necessary to properly discharge his or her statutory or court-ordered
13responsibilities in the notification described in subdivision (a).
14(2) begin delete(A) If
the county, or city and county, makes a determination end delete
15begin insertIf it determines end insert that it does not have the resources available to
16meet the probation officer’s needs as identified by the probation
17officer in the notification described in subdivision (a),begin delete the county, begin insert it
18or city and county, shall, within 10 days of that determination,end delete
19shallend insert notify the probation officer and the presiding judge of the
20superior court of that determination.
21(B) The county, or city and county, shall, within 30 days of the
22determination described in subparagraph (A), provide a full
23financial accounting of its General Fund and discretionary moneys
24in order to demonstrate that it does not have the discretionary
25resources available to meet the probation officer’s needs as
26identified by the probation officer in the notification described in
27subdivision (a). This accounting shall be prepared by an
28independent auditor who is not an employee of the county, or city
29and county.
30(C) If the county, or city and county, fails to comply with the
31deadlines in subparagraphs (A) or (B), it shall
immediately provide
32the probation officer with the resources the probation officer has
33identified as necessary to properly discharge his or her statutory
34or court-ordered responsibilities in the notification described in
35subdivision (a).
36(D) If the county’s, or the city’s and county’s, financial
37accounting described in subparagraph (B) identifies discretionary
38moneys, those moneys shall immediately be provided to the
39probation officer to help meet the probation officer’s needs as
P4 1identified by the probation officer in the notification described in
2subdivision (a).
3(c) For the purposes of this section, “discretionary moneys”
4does not include the proceeds of any tax
imposed or levied by a
5local government solely for the local government’s purposes.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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