SB 933, as amended, Anderson. Probation.
Existing law defines “probation” as the suspension of the imposition or execution of a sentence and the order of conditional and revocable release into the community. Existing law requires a person placed on probation to be under the supervision of the county probation officer, and authorizes that officer to determine the level and type of supervision consistent with the conditions of probation ordered by the court.
This bill would require, by an unspecified date, the chief probation officer in each county to establish a protocol for the imposition of graduated sanctions for violations of the conditions of probation. By imposing additional requirements on county probation officers, this 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 1202.9 is added to the Penal Code, to
2read:
(a) The chief probation officer of each county shall,
4by ___, establish a protocol for the imposition of graduated
5sanctions for violations of the conditions of probation. The protocol
6shall set forth a menu of presumptive sanctions for common
7supervision violations, including, but not limited to:
8(1) Failure to report.
9(2) Failure to pay fines, fees, or victim restitution.
10(3) Failure to participate in a required program, service, or
11training.
12(4) Failure to complete community service.
13(5) Violation of a protective order or a stay-away order.
14(6) Failure to refrain from the use of alcohol or controlled
15substances.
16(b) For purposes ofbegin delete determinatingend deletebegin insert determiningend insert which graduated
17sanction to impose, the probation department shall consider a
18variety of factors, including, but not limited to:
19(1) The severity of the current violation.
20(2) The probationer’s criminal record.
21(3) The probationer’s assessed risk level.
22(4) The extent to which sanctions were imposed for any previous
23violations.
If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.
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