Report 2021-113 Recommendations

To ensure that offenders are held accountable for complying with the conditions of their probation, Alameda Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.

To ensure program compliance with state law, Alameda Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.

To ensure that program providers comply with probation departments' standards and state law, Alameda Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.

To comply with state law, Alameda Probation should immediately implement record retention policies to maintain documentation on all offenders for five years after the offenders complete or are terminated from probation.

To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, Alameda Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.

To ensure that offenders are held accountable for complying with the conditions of their probation, Contra Costa Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.

To ensure program compliance with state law, Contra Costa Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.

To ensure that program providers comply with the probation department's standards and state law, Contra Costa Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.

To comply with state law, Contra Costa Probation should immediately implement record retention policies to maintain documentation on all offenders for five years after the offenders complete or are terminated from probation.

To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, Contra Costa Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.

To ensure that the courts consistently apply consequences to offenders for probation violations, the Judicial Council should establish guidance and provide training to judges regarding the application of the batterer intervention law by April 2023.

To ensure that courts have vital information when sentencing offender, the Legislature should require probation departments to assess all domestic violence offenders, rather than just those who are placed on formal probation, and to do so before the court sentences the offenders. In addition to the current requirements in state law, the initial assessments should determine an offender's sexual orientation, gender identity, and financial means to facilitate providing the offender with appropriate rehabilitative programs and services.

To ensure that all program providers and probation departments require offenders to attend programs consistently, the Legislature should define unexcused absences and provide direction as to whether unexcused absences are allowed and whether offenders must make up missed classes.

To ensure that all courts and program providers use a consistent approach to fee waivers and fee scales, the Legislature should define indigence and ability to pay as they pertain to California Penal Code section 1203.097. It should also expressly prohibit probation departments and program providers from authorizing fee waivers.

To ensure that offenders have sufficient information when choosing a program provider, the Legislature should require program providers to publicly post a comprehensive description of their sliding fee scales, and it should require the courts to provide each offender with a selection of available program providers, including their standard fees and sliding fee scales, before the offender agrees to the conditions of probation. Further, the Legislature should require the courts to inform offenders of the availability of fee waivers for those who may not have the ability to pay for the program.

To ensure that probation departments and providers provide to the courts timely notification about offenders' program and probation violations, the Legislature should require immediate reporting of all program and probation violations. Further, the Legislature should define immediate as within a specified number of business days, such as two business days, after an entity learns of a violation.

To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including approving, monitoring, and renewing all program providers.

To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including conducting periodic audits of probation departments and program providers.

To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including establishing statewide comprehensive standards through regulations, with facilitators' educational requirements and a 52-week curriculum.

To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including identifying or developing a comprehensive offender assessment tool.

To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including collaborating with the Judicial Council and relevant stakeholders, such as law enforcement representatives, mental health professionals, rehabilitative experts, victims' advocates, and district attorneys, to set standards for programs.

To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including tracking relevant offender and program data to analyze program effectiveness.

To ensure that offenders are held accountable for complying with the conditions of their probation, Los Angeles Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.

To ensure program compliance with state law, Los Angeles Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.

To ensure that program providers comply with the probation department's standards and state law, Los Angeles Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.

To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, Los Angeles Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.

To ensure that offenders are held accountable for complying with the conditions of their probation, San Joaquin Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.

To ensure program compliance with state law, San Joaquin Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.

To ensure that program providers comply with the probation department's standards and state law, San Joaquin Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.

To comply with state law, San Joaquin Probation should immediately follow its record retention policies to maintain documentation on all offenders for five years after the offenders complete or are terminated from probation.

To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, San Joaquin Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.