Bill Text: CA SB933 | 2013-2014 | Regular Session | Amended

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Bill Title: Probation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB933 Detail]

Download: California-2013-SB933-Amended.html

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BILL NUMBER: SB 933	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2014
	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY    Senator   Anderson
  Senators   Anderson   and Hancock


                        FEBRUARY 3, 2014

   An act to add Section 1202.9 to the Penal Code, relating to
probation.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1202.9 is added to the Penal Code, to read:
   1202.9.  (a) The chief probation officer of each county shall, by
___, establish a protocol for the imposition of graduated sanctions
for violations of the conditions of probation. The protocol shall set
forth a menu of presumptive sanctions for common supervision
violations, including, but not limited to:
   (1) Failure to report.
   (2) Failure to pay fines, fees, or victim restitution.
   (3) Failure to participate in a required program, service, or
training.
   (4) Failure to complete community service.
   (5) Violation of a protective order or a stay-away order.
   (6) Failure to refrain from the use of alcohol or controlled
substances.
   (b) For purposes of  determinating  
determining  which graduated sanction to impose, the probation
department shall consider a variety of factors, including, but not
limited to:
   (1) The severity of the current violation.
   (2) The probationer's criminal record.
   (3) The probationer's assessed risk level.
   (4) The extent to which sanctions were imposed for any previous
violations.
  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.