Bill Text: CA AB2373 | 2013-2014 | Regular Session | Amended

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Bill Title: Probation officers: funding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2373 Detail]

Download: California-2013-AB2373-Amended.html

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BILL NUMBER: AB 2373	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  MARCH 24, 2014

INTRODUCED BY   Assembly Member  Roger Hernández 
 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   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   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   within 30 days of  receipt of the
notification described above, to  either provide 
 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 providing  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,   responsibilities, or  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 provide those moneys to the probation officer to help meet
the probation officer's needs.   determination. 
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
  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   Within 30 days of  
 receipt of the notification described in subdivision (a), the
county, or city and county,  shall determine if it has the
resources available to meet the probation officer's needs as
described in the notification, and  shall do either of the
following:
   (1)  Provide   If it determines that it has
the necessary resources, notify the probation officer and the
presiding judge of the superior court of that determination and
commence providing  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   If
it determines  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,   it shall  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.