BILL NUMBER: AB 1255 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2000
AMENDED IN SENATE AUGUST 17, 1999
AMENDED IN SENATE JULY 13, 1999
AMENDED IN SENATE JUNE 28, 1999
AMENDED IN ASSEMBLY JUNE 1, 1999
AMENDED IN ASSEMBLY APRIL 28, 1999
AMENDED IN ASSEMBLY APRIL 7, 1999
INTRODUCED BY Assembly Member Wright
(Principal coauthor: Senator Solis)
FEBRUARY 26, 1999
An act to add and repeal Chapter 1.3 3
(commencing with Section 1210) of Title 8 of Part 2
of, the Penal Code, relating to sentencing and making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately. Section 13720) of Title 5 of Part
4 of the Penal Code, relating to sentencing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1255, as amended, R. Wright. Sentencing: intensive
correctional probation supervision program.
Existing law provides as a sentencing option for convicted felons,
that the felon be placed on probation with court-ordered conditions
of probation, if eligible, or sentenced to a term of imprisonment in
the state prison.
This bill would set forth legislative findings and declarations of
intent in regard to prison crowding domestic
violence and the need for community-based probation
and parole sanctions as alternatives to imprisonment in the state
prison to reduce repeat domestic violence offenses the
terms of probation, as specified .
This bill would provide for the awarding of grants for the
establishment of intensive supervision programs, as specified, for
which persons are determined a county is
required to establish a strategy committee or utilize its domestic
violence council to be eligible pursuant to prescribed
criteria for a grant .
This bill would specify that the chief probation officer of each
participating county would be responsible for the county program
under the bill and for coordinating and contracting for all related
services. The bill would also specify that the Board of Corrections
would have administrative responsibility for, and oversight of, the
county programs.
The bill would express the intent of the Legislature to
appropriate $6,000,000 to the Board of Corrections
$50,000,000 in the Budget Act of 2000 for purposes of the
probation demonstration program, and would appropriate
$180,000 to the board for its administrative costs. The bill would
specify that grants provided to counties are intended to be used over
a 12-month period, commencing with the date of disbursement of funds
and are required to be distributed on a competitive basis to
counties that expand or establish a young adult offender intensive
supervision probation project, as specified programs
expanded or established under the provisions of this bill.
This bill would also require each agency
participating in the program to conduct an evaluation of the
program and report its findings and conclusions
county to provide specified data to the Board of Corrections
at specified times and, commencing on June 2,
2002, would require the board to submit a report to the Legislature
based on specified data .
The bill would provide that the above provisions shall remain in
effect until January 1, 2004 2006 , and
as of that date are repealed.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3 majority .
Appropriation: yes no . Fiscal
committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited
SECTION 1. This act shall be known and may be cited as the
Domestic Violence Offender Intensive Probation Supervision
Demonstration Program of 2000.
SEC. 2. The Legislature hereby finds and declares all of the
following:
(a) Defendants convicted of offenses related to domestic violence
such as spousal or partner assault, battery, or other associated
crimes, are a growing threat to the safety and well-being of the
citizens of California.
(b) Most domestic violence offenders are placed under county
probation department supervision and county probation departments
lack sufficient resources to closely supervise and provide treatment
programming to these offenders.
(c) It is the intent of the Legislature that grants shall be
provided on a competitive basis to counties that develop and
implement comprehensive, cost-effective, intensive probation
supervision, and treatment demonstration programs for offenders
within the community to reduce the incidences of repeat domestic
violence offenses consistent with the terms of probation provided by
Section 1203.097.
SEC. 3. Chapter 3 (commencing with Section 13720) is added to
Title 5 of Part 4 of the Penal Code, to read:
CHAPTER 3. DOMESTIC VIOLENCE OFFENDER INTENSIVE PROBATION
SUPERVISION DEMONSTRATION PROGRAM OF 2000
13720. This chapter shall be known and may be cited as the
Domestic Violence Offender Intensive Probation Supervision
Demonstration Program of 2000.
13721. (a) The Board of Corrections shall administer and award
domestic violence offender intensive probation supervision
demonstration grants on a competitive basis to counties that expand
or establish intensive probation supervision and treatment programs
related to domestic violence offenders consistent with the terms of
probation provided by Section 1203.097.
(b) To be eligible for a grant, each county shall establish a
strategy committee or utilize its domestic violence council that
includes, at a minimum, the chief probation officer, as chair, and to
the extent practicable one representative each from the prosecutor's
office, the public defender's office, the sheriff's department,
other local law enforcement agencies, the board of supervisors, the
judiciary, the department of social services, the department of
mental health, a community-based organization drug and alcohol
program, a local victim or witness agency, two domestic violence
advocates, and a victims' representative.
(c) The committee shall develop a comprehensive written local
action plan to provide for the coordination of community services to
ensure intensive supervision and treatment programs for domestic
violence offenders. The local action plan shall include, but not be
limited to, the following:
(1) Identification of county needs to provide intensive probation
supervision and treatment programs for domestic violence offenders.
(2) Identification of program goals and clear, measurable
performance objectives, including coordination of community
resources.
(3) Identification of the target group.
(4) Specific selection criteria and process (and exclusionary
criteria). The selection process shall include mental health or
psychopathology assessment and substance abuse assessment.
(5) Identification of intensive probation supervision and
treatment methods that will be used to punish and hold offenders
accountable for their behavior, control risk and structure offender
activities to address public safety concerns, provide offenders an
opportunity to solve problems that contributed to criminality, and
develop skills to enable successful community adjustment. These
supervision and treatment methods shall include, but are not limited
to:
(A) At least weekly face-to-face contact between a probation
officer and the offender (with caseload ratios that do not exceed one
officer to 30 offenders) and permissible random searches of
offenders.
(B) Regular chemical testing for use of alcohol or controlled
substances, or both, where the use of these has been prohibited as a
condition of program participation or by order of the court.
(C) At least weekly contact between a probation officer and the
offenders employer, educational institution, treatment program or
counselor.
(D) Victim assistance services including, but not limited to,
victim notification of the terms and conditions of probation and
offender program participation and to develop a victim safety plan to
outreach to victims in partnership with a local domestic violence
shelter.
(E) Availability for offender referral to state-licensed inpatient
and outpatient treatment programs for alcohol and drug abuse when
appropriate.
(F) Offender participation in programs that involve job training
or placement or education, or any combination thereof, for those who
are medically capable and are not employed full time or enrolled full
time in school or a vocational training program.
(6) Expected length of the intensive probation supervision program
participation and discharge criteria and processes.
(7) Sanctions that will be used for technical program violations
and new offenses, including mandatory return to court for any new
offense involving an act of violence, verifiable threats of harm,
weapons possession, or drug or alcohol use if prohibited by condition
of program participation or order of the court.
(8) Identification of specific outcome and performance measures
and a plan for at least semi-annual reporting that will allow the
board to evaluate the effectiveness of the intensive supervision
program.
(d) The board shall award grants for up to four years to counties
to develop local action plans and implement demonstration programs.
Funds shall be used to supplement, rather than supplant, funding for
existing planning and programs. No grant shall be awarded unless the
applicant makes available resources in an amount equal to at least
25 percent of the amount of the grant. In awarding grants, priority
shall be given to those proposals that include funding that exceeds
25 percent of the amount of the grant. State funds regardless of
source shall not be used as local match for the purposes of this
grant.
(e) The board shall establish minimum standards, funding
schedules, and procedures for awarding grants that shall take into
consideration, but not be limited to, the following:
(1) Need and size of the eligible population.
(2) Cost-effectiveness.
(3) Demonstrated ability to administer the program, provide
victims services, and develop effective responses to provide
intensive supervision and treatment options.
(4) Demonstrated history of maximizing federal, state, local, and
private funding sources.
(f) The board shall establish requirements for the evaluation of
programs supported by this article and create an evaluation design to
assess the effectiveness of the demonstration program that include,
but are not limited to:
(1) The rate of successful completion of probation and batterer's
or other treatment programs.
(2) The rate and type of victim related services that are
provided.
(3) Recidivism measures, including the rate of domestic violence
rearrests and convictions.
Participating counties shall provide the board with specific
outcome and performance measures in a manner prescribed by the board.
(g) Commencing on June 30, 2002, and annually thereafter, the
board shall submit a report to the Legislature based on the
evaluation design, with a final report due on or before December 30,
2005, that provides the results of the demonstration program and
identifies approaches worthy of replication or further dissemination.
(h) This chapter shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 4. It is the intent of the Legislature to appropriate fifty
million dollars ($50,000,000) for the purposes of this chapter in the
Budget Act of 2000. Funding for the Domestic Violence Offender
Intensive Probation Supervision Demonstration Program of 2000 shall
be provided from the amount appropriated in Item 5430-101-0001 of the
Budget Act of 2000. Up to 5 percent of the amount appropriated in
Item 5430-101-0001 of the Budget Act of 2000 shall be transferred
upon the approval of the Director of Finance, to Item 5430-001-0001
for expenditure as necessary for the Board of Corrections to
administer this program, including technical assistance to counties
and the development of an evaluation component. as the
Young Adult Offender Intensive Supervision Probation Project Act of
2000. _____________________________________ All matter
omitted in this version of the bill appears in the bill as amended in
the Senate August 17, 1999 ______________________________________