AB 304: Domestic violence: probation.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-18
Current Status:
Failed
(2024-02-01: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year, and a protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment. Existing law requires the court to order the defendant to comply with all probation requirements, including the payment of program fees based upon the ability to pay. If the court finds that a defendant does not have the ability to pay the program fee, existing law authorizes the court to reduce or waive the program fee. Existing law requires a batterers program to develop and utilize a sliding fee schedule based on a defendants ability to pay.
The bill would require program providers, as defined, to publicly post, including on an internet website, a comprehensive description of their sliding fee scales. The bill would require the court to inform the defendant of the availability of a program fee waiver, if they do not have the ability to pay for the program, and to provide each defendant with a selection of available program providers and those providers standard fees and sliding fee scales before the defendant agrees to the conditions of probation.
Existing law requires the probation department, when investigating the appropriate batterers program for a defendant, to take into account, among other factors, the defendants age, medical history, and educational background. Existing law requires a program to meet certain requirements, including immediately reporting any violation of the terms of the protective order to the court, the prosecutor, and, if formal probation has not been ordered, to the probation department.
The bill would require the probation department, when investigating the appropriate program, to also take into account the defendants sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendants other required, court-mandated programs and probation violations pertaining to a domestic violence offense. The bill would require a program provider to report a violation of the protective order within 7 business days.
Existing law requires the court to refer persons to batterers programs that have been approved by the probation department. Existing law requires the probation department to design and implement an approval and renewal process for batterers programs, to regulate those programs, as specified, and to fix a yearly fee, not to exceed $250 to approve an application or renewal.
The bill would place these requirements, instead, in the Department of Justice.
The bill, when referencing a batterers program, would specifically indicate another appropriate counseling program if a batterers program is not available.
The bill would, by April 1, 2024, to ensure compliance with state law, make the Department of Justice responsible for collaborating with the Judicial Council and relevant stakeholders to set program provider standards, approving, monitoring, and renewing approvals of program providers, conducting periodic audits of program providers, and developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive statewide standards through regulations, among other responsibilities. The bill would, by April 1, 2024, require the Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.
This bill would instead require the Judicial Council to establish judicial training programs for individuals, including judicial officers and referees, who perform duties in domestic violence or child custody matters, including, among other topics, child sexual abuse and coercive control, as specified.
The bill would make findings and declarations in support of these provisions.
By requiring a higher level of service from the courts, 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 the statutory provisions noted above.
Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year, and a protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment. Existing law requires the court to order the defendant to comply with all probation requirements, including the payment of program fees based upon the ability to pay. If the court finds that a defendant does not have the ability to pay the program fee, existing law authorizes the court to reduce or waive the program fee. Existing law requires a batterers program to develop and utilize a sliding fee schedule based on a defendants ability to pay.
The bill would require program providers, as defined, to publicly post, including on an internet website, a comprehensive description of their sliding fee scales. The bill would require the court to inform the defendant of the availability of a program fee waiver, if they do not have the ability to pay for the program, and to provide each defendant with a selection of available program providers and those providers standard fees and sliding fee scales before the defendant agrees to the conditions of probation.
Existing law requires the probation department, when investigating the appropriate batterers program for a defendant, to take into account, among other factors, the defendants age, medical history, and educational background. Existing law requires a program to meet certain requirements, including immediately reporting any violation of the terms of the protective order to the court, the prosecutor, and, if formal probation has not been ordered, to the probation department.
The bill would require the probation department, when investigating the appropriate program, to also take into account the defendants sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendants other required, court-mandated programs and probation violations pertaining to a domestic violence offense. The bill would require a program provider to report a violation of the protective order within 7 business days.
Existing law requires the court to refer persons to batterers programs that have been approved by the probation department. Existing law requires the probation department to design and implement an approval and renewal process for batterers programs, to regulate those programs, as specified, and to fix a yearly fee, not to exceed $250 to approve an application or renewal.
The bill would place these requirements, instead, in the Department of Justice.
The bill, when referencing a batterers program, would specifically indicate another appropriate counseling program if a batterers program is not available.
The bill would, by April 1, 2024, to ensure compliance with state law, make the Department of Justice responsible for collaborating with the Judicial Council and relevant stakeholders to set program provider standards, approving, monitoring, and renewing approvals of program providers, conducting periodic audits of program providers, and developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive statewide standards through regulations, among other responsibilities. The bill would, by April 1, 2024, require the Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.
The bill would require the judicial training programs to include periodic updates and instruction on implicit and explicit bias related to parties involved in domestic violence cases, trauma, coercive control, and victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.This bill would instead require the Judicial Council to establish judicial training programs for individuals, including judicial officers and referees, who perform duties in domestic violence or child custody matters, including, among other topics, child sexual abuse and coercive control, as specified.
The bill would make findings and declarations in support of these provisions.
By requiring a higher level of service from the courts, 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 the statutory provisions noted above.
Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year, and a protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment. Existing law requires the court to order the defendant to comply with all probation requirements, including the payment of program fees based upon the ability to pay. If the court finds that a defendant does not have the ability to pay the program fee, existing law authorizes the court to reduce or waive the program fee. Existing law requires a batterers program to develop and utilize a sliding fee schedule based on a defendants ability to pay.
The bill would require program providers, as defined, to publicly post, including on an internet website, a comprehensive description of their sliding fee scales. The bill would require the court to inform the defendant of the availability of a program fee waiver, if they do not have the ability to pay for the program, and to provide each defendant with a selection of available program providers and those providers standard fees and sliding fee scales before the defendant agrees to the conditions of probation.
Existing law requires the probation department, when investigating the appropriate batterers program for a defendant, to take into account, among other factors, the defendants age, medical history, and educational background. Existing law requires a program to meet certain requirements, including immediately reporting any violation of the terms of the protective order to the court, the prosecutor, and, if formal probation has not been ordered, to the probation department.
The bill would require the probation department, when investigating the appropriate program, to also take into account the defendants sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendants other required, court-mandated programs and probation violations pertaining to a domestic violence offense. The bill would require a program provider to report a violation of the protective order within 7 business days.
Existing law requires the court to refer persons to batterers programs that have been approved by the probation department. Existing law requires the probation department to design and implement an approval and renewal process for batterers programs, to regulate those programs, as specified, and to fix a yearly fee, not to exceed $250 to approve an application or renewal.
The bill would place these requirements, instead, in the Department of Justice.
The bill, when referencing a batterers program, would specifically indicate another appropriate counseling program if a batterers program is not available.
The bill would, by April 1, 2024, require to ensure compliance with state law, make the Department of Justice to oversee the probation departments and program providers and be responsible for various aspects of this oversight, including collaboration collaborating with the Judicial Council and relevant stakeholders to set program provider standards, approving, monitoring, and renewing approvals of program providers, conducting periodic audits of probation departments and program providers, and developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive statewide standards through regulations. regulations, among other responsibilities. The bill would, by April 1, 2024, require the Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.
The bill would require the judicial training programs to include periodic updates and instruction on implicit and explicit bias related to parties involved in domestic violence cases, trauma, coercive control, and victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
The bill would make findings and declarations in support of these provisions.
By requiring a higher level of service from the courts, 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 the statutory provisions noted above.
Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year, and a protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment. Existing law requires the court to order the defendant to comply with all probation requirements, including the payment of program fees based upon the ability to pay. If the court finds that a defendant does not have the ability to pay the program fee, existing law authorizes the court to reduce or waive the program fee. Existing law requires a batterers program to develop and utilize a sliding fee schedule based on a defendants ability to pay.
The bill would require program providers, as defined, to publicly post, including on an internet website, a comprehensive description of their sliding fee scales. The bill would require the court to inform the defendant of the availability of a program fee waiver, if they do not have the ability to pay for the program, and to provide each defendant with a selection of available program providers and those providers standard fees and sliding fee scales before the defendant agrees to the conditions of probation.
Existing law requires the probation department, when investigating the appropriate batterers program for a defendant, to take into account, among other factors, the defendants age, medical history, and educational background. Existing law requires a program to meet certain requirements, including immediately reporting any violation of the terms of the protective order to the court, the prosecutor, and, if formal probation has not been ordered, to the probation department.
The bill would require the probation department, when investigating the appropriate program, to also take into account the defendants sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendants other required, court-mandated programs and probation violations pertaining to a domestic violence offense. The bill would require a program provider to report a violation of the protective order within 7 business days.
Existing law requires the court to refer persons to batterers programs that have been approved by the probation department. Existing law requires the probation department to design and implement an approval and renewal process for batterers programs, to regulate those programs, as specified, and to fix a yearly fee, not to exceed $250 to approve an application or renewal.
The bill would place these requirements, instead, in the Department of Justice.
The bill, when referencing a batterers program, would specifically indicate another appropriate counseling program if a batterers program is not available.
The bill would, by April 1, 2024, require the Department of Justice to oversee the probation departments and program providers and be responsible for various aspects of this oversight, including collaboration with the Judicial Council and relevant stakeholders to set program provider standards, approving, monitoring, and renewing approvals of program providers, conducting periodic audits of probation departments and program providers, and developing developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive statewide standards through regulations. The bill would, by April 1, 2024, require the Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.
The bill would require the judicial training programs to include periodic updates and instruction on implicit and explicit bias related to victims and perpetrators of domestic violence, parties involved in domestic violence cases, trauma, coercive control, and victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence. The bill would require a minimum of 25 hours for the orientation session and a minimum of 20 hours every 3 years thereafter.
The bill would make findings and declarations in support of these provisions.
By requiring a higher level of service from the courts, 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 the statutory provisions noted above.
Existing law specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterers program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year, and a protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment. Existing law requires the court to order the defendant to comply with all probation requirements, including the payment of program fees based upon the ability to pay. If the court finds that a defendant does not have the ability to pay the program fee, existing law authorizes the court to reduce or waive the program fee. Existing law requires a batterers program to develop and utilize a sliding fee schedule based on a defendants ability to pay.
The bill would require program providers, as defined, to publicly post, including on an internet website, a comprehensive description of their sliding fee scales. The bill would require the court to inform the defendant of the availability of a program fee waiver, if they do not have the ability to pay for the program, and to provide each defendant with a selection of available program providers and those providers standard fees and sliding fee scales before the defendant agrees to the conditions of probation.
Existing law requires the probation department, when investigating the appropriate batterers program for a defendant, to take into account, among other factors, the defendants age, medical history, and educational background. Existing law requires a program to meet certain requirements, including immediately reporting any violation of the terms of the protective order to the court, the prosecutor, and, if formal probation has not been ordered, to the probation department.
The bill would require the probation department, when investigating the appropriate program, to also take into account the defendants sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendants other required, court-mandated programs and probation violations pertaining to a domestic violence offense. The bill would require a program provider to report a violation of the protective order within 7 business days.
Existing law requires the court to refer persons to batterers programs that have been approved by the probation department. Existing law requires the probation department to design and implement an approval and renewal process for batterers programs, to regulate those programs, as specified, and to fix a yearly fee, not to exceed $250 to approve an application or renewal.
The bill would place these requirements, instead, in the Department of Justice.
The bill, when referencing a batterers program, would specifically indicate another appropriate counseling program if a batterers program is not available.
The bill would, by April 1, 2024, require the Department of Justice to oversee the probation departments and program providers and be responsible for various aspects of this oversight, including collaboration with the Judicial Council and relevant stakeholders to set program provider standards, approving, monitoring, and renewing approvals of program providers, conducting periodic audits of probation departments and program providers, and developing comprehensive statewide standards through regulations. The bill would, by April 1, 2024, require the Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.
The bill would require the judicial training programs to include periodic updates and instruction on implicit and explicit bias related to victims and perpetrators of domestic violence, trauma, coercive control, and victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence. The bill would require a minimum of 25 hours for the orientation session and a minimum of 20 hours every 3 years thereafter.
The bill would make findings and declarations in support of these provisions.
By requiring a higher level of service from the courts, 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 the statutory provisions noted above.
The Legislature finds and declares all of the following:
(a)Domestic violence is a serious public safety and health issue affecting families, communities, and the criminal justice system.
(b)Inadequate offender supervision by county probation departments has undermined the effectiveness of programs addressing domestic violence.
(c)The existing system to deal with domestic violence offenders is ineffective and limits the courts ability to address domestic violence effectively.
(d)The Legislature can improve the effectiveness and consistency of the domestic violence batterer intervention system by including additional definitions, requirements, and safeguards in state law.
(e)Other states have more comprehensive and effective standards, and most states have state agencies responsible for approving, monitoring, renewing, and providing guidance to program providers.
(f)California would benefit from oversight by a statewide agency responsible for monitoring program providers, supervision of offenders by county probation departments, the establishment of statewide standards, and a system to track critical offender and program data. This will enable policymakers to make data-driven decisions to improve the effectiveness of programs and correct problems with the batterer intervention system.
SEC. 2.Section 68555 of the Government Code is amended to read:68555.(a)The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence or child custody matters, including, but not limited to, judicial officers, referees, commissioners, and if employed by the court, guardians ad litem, custody evaluators, mediators, and child custody recommending counselors, and others who are deemed appropriate by the Judicial Council.
(b)(1)The training program described in this section shall be an ongoing training and education program designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in family victims, particularly children, and to make appropriate custody decisions that prioritize child safety and well-being and are culturally sensitive and appropriate for diverse communities.
(2)The training program described in this section shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates in all aspects of domestic violence, including, but not limited to:
(A)Child sexual abuse.
(B)Physical abuse.
(C)Emotional abuse.
(D)Coercive control.
(E)Implicit and explicit bias related to parties involved in domestic violence cases.
(F)Trauma.
(G)Long- and short-term impacts of domestic violence and child abuse on children.
(H)The detriment to children of residing with a person who perpetrates domestic violence.
(I)That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
(J)Victim and perpetrator behavioral patterns and relationship dynamics within the cycle of violence.
SEC. 3.Section 1203.097 of the Penal Code is amended to read:1203.097.(a)If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following:
(1)A minimum period of probation of 36 months, which may include a period of summary probation as appropriate.
(2)A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions.
(3)Notice to the victim of the disposition of the case.
(4)Booking the defendant within one week of sentencing if the defendant has not already been booked.
(5)(A)A minimum payment by the defendant of a fee of five hundred dollars ($500) to be disbursed as specified in this paragraph. If, after a hearing in open court, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee. If the court exercises its discretion to reduce or waive the fee, it shall state the reason on the record.
(B)Two-thirds of the moneys deposited with the county treasurer pursuant to this section shall be retained by counties and deposited in the domestic violence programs special fund created pursuant to Section 18305 of the Welfare and Institutions Code, to be expended for the purposes of Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of the moneys deposited in the domestic violence programs special fund, no more than 8 percent may be used for administrative costs, as specified in Section 18305 of the Welfare and Institutions Code.
(C)The remaining one-third of the moneys shall be transferred, once a month, to the Controller for deposit in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund and in the Domestic Violence Training and Education Fund, which are hereby created, in an amount equal to one-third of funds collected during the preceding month. Moneys deposited into these funds pursuant to this section shall be available upon appropriation by the Legislature and shall be distributed each fiscal year as follows:
(i)Funds from the Domestic Violence Restraining Order Reimbursement Fund shall be distributed to local law enforcement or other criminal justice agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (b) of Section 6380 of the Family Code, based on the annual notification from the Department of Justice of the number of restraining orders issued and registered in the state domestic violence restraining order registry maintained by the Department of Justice, for the development and maintenance of the domestic violence restraining order databank system.
(ii)Funds from the Domestic Violence Training and Education Fund shall support a statewide training and education program to increase public awareness of domestic violence and to improve the scope and quality of services provided to the victims of domestic violence. Grants to support this program shall be awarded on a competitive basis and be administered by the State Department of Public Health, in consultation with the statewide domestic violence coalition, which is eligible to receive funding under this section.
(D)The fee imposed by this paragraph shall be treated as a fee, not as a fine, and shall not be subject to reduction for time served as provided pursuant to Section 1205 or 2900.5.
(E)The fee imposed by this paragraph may be collected by the collecting agency, or the agencys designee, after the termination of the period of probation, whether probation is terminated by revocation or by completion of the term.
(6)Successful completion of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. The defendant shall attend consecutive weekly sessions, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program, and shall complete the program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months.
(7)(A)(i)The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. The court shall inform the defendant of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
(ii)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.
(B)Upon request by the program provider, the court shall provide the defendants arrest report, prior incidents of violence, and treatment history to the program.
(8)The court also shall order the defendant to perform a specified amount of appropriate community service, as designated by the court. The defendant shall present the court with proof of completion of community service and the court shall determine if the community service has been satisfactorily completed. If sufficient staff and resources are available, the community service shall be performed under the jurisdiction of the local agency overseeing a community service program.
(9)If the program provider finds that the defendant is unsuitable, the program provider shall immediately contact the probation department or the court. The probation department or court shall either recalendar the case for hearing or refer the defendant to an appropriate alternative program provider.
(10)(A)Upon recommendation of the program provider, a court shall require a defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. In deciding whether the defendant would benefit from more sessions, the court shall consider whether any of the following conditions exists:
(i)The defendant has been violence free for a minimum of six months.
(ii)The defendant has cooperated and participated in the batterers program or, if none is available, another appropriate counseling program.
(iii)The defendant demonstrates an understanding of and practices positive conflict resolution skills.
(iv)The defendant blames, degrades, or has committed acts that dehumanize the victim or puts at risk the victims safety, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim.
(v)The defendant demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship.
(vi)The defendant has made threats to harm anyone in any manner.
(vii)The defendant has complied with applicable requirements under paragraph (6) of subdivision (c) or subparagraph (C) to receive alcohol counseling, drug counseling, or both.
(viii)The defendant demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.
(B)The program provider shall, within seven business days, report any violation of the terms of the protective order, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation has been ordered, to the probation department. The probationer shall file proof of enrollment in a batterers program or, if none is available, another appropriate counseling program, with the court within 30 days of conviction.
(C)Concurrent with other requirements under this section, in addition to, and not in lieu of, the batterers program or, if none is available, another appropriate counseling program, and unless prohibited by the referring court, the probation department or the court may make provisions for a defendant to use their resources to enroll in a chemical dependency program or to enter voluntarily a licensed chemical dependency recovery hospital or residential treatment program that has a valid license issued by the state to provide alcohol or drug services to receive program participation credit, as determined by the court. The probation department shall document evidence of this hospital or residential treatment participation in the defendants program file.
(11)The conditions of probation may include, in lieu of a fine, but not in lieu of the fund payment required under paragraph (5), one or more of the following requirements:
(A)That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000).
(B)(i)That the defendant reimburse the victim for reasonable expenses that the court finds are the direct result of the defendants offense.
(ii)For any order to pay a fine, to make payments to a domestic violence shelter-based program, or to pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. Determination of a defendants ability to pay may include their future earning capacity. A defendant shall bear the burden of demonstrating lack of their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. When the injury to a married person is caused, in whole or in part, by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, as required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse, until all separate property of the offending spouse is exhausted.
(12)If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, is not benefiting from counseling, or has engaged in criminal conduct, upon request of the probation officer, the prosecuting attorney, or on its own motion, the court, as a priority calendar item, shall hold a hearing to determine whether further sentencing should proceed. The court may consider factors, including, but not limited to, any violence by the defendant against the former or a new victim while on probation and noncompliance with any other specific condition of probation. If the court finds that the defendant is not performing satisfactorily in the assigned program, is not benefiting from the program, has not complied with a condition of probation, or has engaged in criminal conduct, the court shall terminate the defendants participation in the program and shall proceed with further sentencing.
(b)If a person is granted formal probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, in addition to the terms specified in subdivision (a), all of the following shall apply:
(1)(A)The probation department shall make an investigation and take into consideration the defendants age, sexual orientation, gender identity, financial means, language-access needs, cultural identity, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterers program or, if none is available, another appropriate counseling program, would be appropriate for the defendant. This information shall be provided to the program if it is requested. The probation department shall also determine which community programs the defendant would benefit from and which of those programs would accept the defendant. The probation department shall report its findings and recommendations to the court.
(B)The probation department shall promptly notify each program in which the defendant is required to participate as part of probation of both of the following:
(i)All of the other court-mandated programs in which the defendant is required to participate.
(ii)All of the defendants probation violations pertaining to a domestic violence offense.
(2)(A)The court shall advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendants mistake or excusable neglect. Application for this relief shall be filed within 20 court days of the missed deadline. This time limitation may not be extended. A copy of any application for relief shall be served on the office of the prosecuting attorney.
(B)The court shall provide each defendant with a selection of available program providers, including the program providers standard fees and sliding fee scales, upon the defendants request.
(3)After the court orders the defendant to a batterers program or, if none is available, another appropriate counseling program, the probation department shall conduct an initial assessment of the defendant, including, but not limited to, all of the following:
(A)Social, economic, and family background.
(B)Education.
(C)Vocational achievements.
(D)Criminal history.
(E)Medical history.
(F)Substance abuse history.
(G)Consultation with the probation officer.
(H)Verbal consultation with the victim, only if the victim desires to participate.
(I)Assessment of the future probability of the defendant committing murder.
(4)The probation department shall attempt to notify the victim regarding the requirements for the defendants participation in the batterers program or, if none is available, another appropriate counseling program, as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(c)The court or the probation department shall refer defendants only to batterers programs or, if none are available, other appropriate counseling programs, that follow standards outlined in paragraph (1), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The Department of Justice shall design and implement an approval and renewal process for batterers programs and counseling programs and shall solicit input from criminal justice agencies and domestic violence victim advocacy programs.
(1)The goal of a batterers program or other appropriate counseling program under this section shall be to stop domestic violence. A program shall consist of the following components:
(A)Strategies to hold the defendant accountable for the violence in a relationship, including, but not limited to, providing the defendant with a written statement that the defendant shall be held accountable for acts or threats of domestic violence.
(B)A requirement that the defendant participate in ongoing same-gender group sessions.
(C)An initial intake that provides written definitions to the defendant of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.
(D)Procedures to inform the victim regarding the requirements for the defendants participation in the intervention program as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(E)A requirement that the defendant attend group sessions free of chemical influence.
(F)Educational programming that examines, at a minimum, gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
(G)A requirement that excludes any couple counseling or family counseling, or both.
(H)Procedures that give the program the right to assess whether or not the defendant would benefit from the program and to refuse to enroll the defendant if it is determined that the defendant would not benefit from the program, so long as the refusal is not because of the defendants inability to pay. If possible, the program shall suggest an appropriate alternative program.
(I)Program staff who, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law, and procedures of the legal system.
(J)Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers.
(K)A requirement that the defendant enter into a written agreement with the program, which shall include an outline of the contents of the program, the attendance requirements, the requirement to attend group sessions free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the defendant is not benefiting from the program or is disruptive to the program.
(L)A requirement that the defendant sign a confidentiality statement prohibiting disclosure of any information obtained through participating in the program or during group sessions regarding other participants in the program.
(M)Program content that provides cultural and ethnic sensitivity.
(N)A requirement of a written referral from the court or probation department prior to permitting the defendant to enroll in the program. The written referral shall state the number of minimum sessions required by the court.
(O)Procedures for submitting to the probation department all of the following uniform written responses:
(i)Proof of enrollment, to be submitted to the court and the probation department and to include the fee determined to be charged to the defendant, based upon the ability to pay, for each session.
(ii)Periodic progress reports that include attendance, fee payment history, and program compliance.
(iii)Final evaluation that includes the programs evaluation of the defendants progress, using the criteria set forth in subparagraph (A) of paragraph (10) of subdivision (a), and recommendation for either successful or unsuccessful termination or continuation in the program.
(P)(i)A sliding fee schedule based on the defendants ability to pay. The batterers program or counseling program shall develop and utilize a sliding fee scale that recognizes both the defendants ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant has the present ability to pay the fee. The fee shall be paid during the term of probation unless the program sets other conditions. The acceptance policies shall be in accordance with the scaled fee system.
(ii)Program providers shall post publicly, including on an internet website, a comprehensive description of their sliding fee scale.
(2) The court shall refer persons only to batterers programs or, if none are available, other appropriate counseling programs, that have been approved by the Department of Justice pursuant to paragraph (5). The Department of Justice shall do both of the following:
(A)Provide for the issuance of a provisional approval, provided that the applicant is in substantial compliance with applicable laws and regulations and an urgent need for approval exists. A provisional approval shall be considered an authorization to provide services and shall not be considered a vested right.
(B)If the Department of Justice determines that a program is not in compliance with standards set by the department, the department shall provide written notice of the noncompliant areas to the program provider. The program provider shall submit a written plan of corrections within 14 days from the date of the written notice on noncompliance. A plan of correction shall include, but not be limited to, a description of each corrective action and timeframe for implementation. The department shall review and approve all or any part of the plan of correction and notify the program provider of approval or disapproval in writing. If the program provider fails to submit a plan of correction or fails to implement the approved plan of correction, the department shall consider whether to revoke or suspend approval and, upon revoking or suspending approval, shall have the option to cease referrals of defendants under this section.
(3)A program, regardless of its source of funding, shall not be approved unless it meets all of the following standards:
(A)The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions.
(B)Supervision of the defendant for the purpose of evaluating the persons progress in the program.
(C)Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program or for the successful completion of the program as ordered. The program provider shall notify the court and the probation department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program provider determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.
(D)A victim shall not be compelled to participate in a program or counseling, and a program shall not condition a defendants enrollment on participation by the victim.
(4)In making referrals of indigent defendants to approved batterers programs or, if none are available, other appropriate counseling programs, the probation department shall apportion these referrals evenly among the approved programs.
(5)The Department of Justice shall have the sole authority to approve a batterers program or counseling program for probation. The program shall be required to obtain only one approval but shall renew that approval annually.
(A)The procedure for the approval of a new or existing program shall include all of the following:
(i)The completion of a written application containing necessary and pertinent information describing the applicant program.
(ii)The demonstration by the program provider that it possesses adequate administrative and operational capability to operate a batterers treatment program or counseling program. The program provider shall provide documentation to prove that the program has conducted batterers programs or counseling programs for at least one year prior to application. This requirement may be waived under subparagraph (A) of paragraph (2) if there is no existing batterers program in the city, county, or city and county.
(iii)The onsite review of the program provider, including monitoring of a session to determine that the program adheres to applicable statutes and regulations.
(iv)The payment of the approval fee.
(B)The Department of Justice shall fix a fee for approval not to exceed two hundred fifty dollars ($250) and for approval renewal not to exceed two hundred fifty dollars ($250) every year in an amount sufficient to cover its costs in administering the approval process under this section. A fee shall not be charged for the approval of local governmental entities.
(C)The Department of Justice has the sole authority to approve the issuance, denial, suspension, or revocation of approval and to cease new enrollments or referrals to a batterers program or counseling program under this section. The Department of Justice shall review information relative to a programs performance or failure to adhere to standards, or both. The Department of Justice may suspend or revoke an approval issued under this subdivision or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by the department, including, but not limited to, either of the following:
(i)Violation of this section by any person holding approval or by a program employee in a program under this section.
(ii)Misrepresentation of any material fact in obtaining the approval.
(6)For defendants who are chronic users or serious abusers of drugs or alcohol, standard components in the program shall include concurrent counseling for substance abuse and violent behavior, and in appropriate cases, detoxification and abstinence from the abused substance.
(7)The program provider shall conduct an exit conference that assesses the defendants progress during the defendants participation in the batterers program or counseling program.
(d)An act or omission relating to the approval of a batterers treatment programs or counseling programs under paragraph (5) of subdivision (c) is a discretionary act pursuant to Section 820.2 of the Government Code.
(e)The Department of Justice, beginning on April 1, 2024, shall be responsible for all of the following to ensure compliance with state law:
(1)Collaborating with the Judicial Council and relevant stakeholders to set program provider standards.
(2)Approving, monitoring, and renewing approvals of program providers.
(3)Conducting periodic audits of program providers to ensure compliance with this section.
(4)Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
(A)Program provider curricula.
(B)Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
(i)Implicit and explicit bias related to parties involved in domestic violence cases.
(ii)Trauma and emotional abuse.
(iii)Coercive control.
(iv)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
(5)Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of a program.
(6)Analyzing the effectiveness of programs, including, but not limited to, thorough the tracking of relevant offender and program data.
(f)By April 1, 2024, the Judicial Council shall establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
(g)(1)For purposes of this section, program provider means a provider of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program.
(2)Program provider does not include alcohol or drug counseling or alcohol and drug programs identified in subparagraph (C) of paragraph (10) of subdivision (a).
SEC. 4.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.
The Legislature finds and declares all of the following:
(a)Domestic violence is a serious public safety and health issue affecting families, communities, and the criminal justice system.
(b)Inadequate offender supervision by county probation departments has undermined the effectiveness of programs addressing domestic violence.
(c)The existing system to deal with domestic violence offenders is ineffective and limits the courts ability to address domestic violence effectively.
(d)The Legislature can improve the effectiveness and consistency of the domestic violence batterer intervention system by including additional definitions, requirements, and safeguards in state law.
(e)Other states have more comprehensive and effective standards, and most states have state agencies responsible for approving, monitoring, renewing, and providing guidance to program providers.
(f)California would benefit from oversight by a statewide agency responsible for monitoring program providers, supervision of offenders by county probation departments, the establishment of statewide standards, and a system to track critical offender and program data. This will enable policymakers to make data-driven decisions to improve the effectiveness of programs and correct problems with the batterer intervention system.
SEC. 2.Section 68555 of the Government Code is repealed.SEC. 3.Section 68555 is added to the Government Code, to read:68555.(a)The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council.(b) The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates.(c)The training programs shall include instruction in all aspects of domestic violence, including, but not limited to:(1)Implicit and explicit bias related to parties involved in domestic violence cases.(2)Trauma.(3)Coercive control.(4)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.(5)The detriment to children of residing with a person who perpetrates domestic violence.(6)That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.SEC. 2.Section 68555 of the Government Code is amended to read:68555.(a)The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence or child custody matters, including, but not limited to, judges, referees, commissioners, mediators, and others as judicial officers, referees, commissioners, and if employed by the court, guardians ad litem, custody evaluators, mediators, and child custody recommending counselors, and others who are deemed appropriate by the Judicial Council. The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges and an annual training session in domestic violence. The training programs shall include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence and that domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
(b)(1)The training program described in this section shall be an ongoing training and education program designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in family victims, particularly children, and to make appropriate custody decisions that prioritize child safety and well-being and are culturally sensitive and appropriate for diverse communities.
(2)The training program described in this section shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates in all aspects of domestic violence, including, but not limited to:
(A)Child sexual abuse.
(B)Physical abuse.
(C)Emotional abuse.
(D)Coercive control.
(E)Implicit and explicit bias related to parties involved in domestic violence cases.
(F)Trauma.
(G)Long- and short-term impacts of domestic violence and child abuse on children.
(H)The detriment to children of residing with a person who perpetrates domestic violence.
(I)That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
(J)Victim and perpetrator behavioral patterns and relationship dynamics within the cycle of violence.
SEC. 4.SEC. 3.Section 1203.097 of the Penal Code is amended to read:1203.097.(a)If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following:
(1)A minimum period of probation of 36 months, which may include a period of summary probation as appropriate.
(2)A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions.
(3)Notice to the victim of the disposition of the case.
(4)Booking the defendant within one week of sentencing if the defendant has not already been booked.
(5)(A)A minimum payment by the defendant of a fee of five hundred dollars ($500) to be disbursed as specified in this paragraph. If, after a hearing in open court, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee. If the court exercises its discretion to reduce or waive the fee, it shall state the reason on the record.
(B)Two-thirds of the moneys deposited with the county treasurer pursuant to this section shall be retained by counties and deposited in the domestic violence programs special fund created pursuant to Section 18305 of the Welfare and Institutions Code, to be expended for the purposes of Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of the moneys deposited in the domestic violence programs special fund, no more than 8 percent may be used for administrative costs, as specified in Section 18305 of the Welfare and Institutions Code.
(C)The remaining one-third of the moneys shall be transferred, once a month, to the Controller for deposit in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund and in the Domestic Violence Training and Education Fund, which are hereby created, in an amount equal to one-third of funds collected during the preceding month. Moneys deposited into these funds pursuant to this section shall be available upon appropriation by the Legislature and shall be distributed each fiscal year as follows:
(i)Funds from the Domestic Violence Restraining Order Reimbursement Fund shall be distributed to local law enforcement or other criminal justice agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (b) of Section 6380 of the Family Code, based on the annual notification from the Department of Justice of the number of restraining orders issued and registered in the state domestic violence restraining order registry maintained by the Department of Justice, for the development and maintenance of the domestic violence restraining order databank system.
(ii)Funds from the Domestic Violence Training and Education Fund shall support a statewide training and education program to increase public awareness of domestic violence and to improve the scope and quality of services provided to the victims of domestic violence. Grants to support this program shall be awarded on a competitive basis and be administered by the State Department of Public Health, in consultation with the statewide domestic violence coalition, which is eligible to receive funding under this section.
(D)The fee imposed by this paragraph shall be treated as a fee, not as a fine, and shall not be subject to reduction for time served as provided pursuant to Section 1205 or 2900.5.
(E)The fee imposed by this paragraph may be collected by the collecting agency, or the agencys designee, after the termination of the period of probation, whether probation is terminated by revocation or by completion of the term.
(6)Successful completion of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. The defendant shall attend consecutive weekly sessions, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program, and shall complete the program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months.
(7)(A)(i)The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. The court shall inform the defendant of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
(ii)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.
(B)Upon request by the program provider, the court shall provide the defendants arrest report, prior incidents of violence, and treatment history to the program.
(8)The court also shall order the defendant to perform a specified amount of appropriate community service, as designated by the court. The defendant shall present the court with proof of completion of community service and the court shall determine if the community service has been satisfactorily completed. If sufficient staff and resources are available, the community service shall be performed under the jurisdiction of the local agency overseeing a community service program.
(9)If the program provider finds that the defendant is unsuitable, the program provider shall immediately contact the probation department or the court. The probation department or court shall either recalendar the case for hearing or refer the defendant to an appropriate alternative program provider.
(10)(A)Upon recommendation of the program provider, a court shall require a defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. In deciding whether the defendant would benefit from more sessions, the court shall consider whether any of the following conditions exists:
(i)The defendant has been violence free for a minimum of six months.
(ii)The defendant has cooperated and participated in the batterers program or, if none is available, another appropriate counseling program.
(iii)The defendant demonstrates an understanding of and practices positive conflict resolution skills.
(iv)The defendant blames, degrades, or has committed acts that dehumanize the victim or puts at risk the victims safety, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim.
(v)The defendant demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship.
(vi)The defendant has made threats to harm anyone in any manner.
(vii)The defendant has complied with applicable requirements under paragraph (6) of subdivision (c) or subparagraph (C) to receive alcohol counseling, drug counseling, or both.
(viii)The defendant demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.
(B)The program provider shall, within seven business days, report any violation of the terms of the protective order, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation has been ordered, to the probation department. The probationer shall file proof of enrollment in a batterers program or, if none is available, another appropriate counseling program, with the court within 30 days of conviction.
(C)Concurrent with other requirements under this section, in addition to, and not in lieu of, the batterers program or, if none is available, another appropriate counseling program, and unless prohibited by the referring court, the probation department or the court may make provisions for a defendant to use their resources to enroll in a chemical dependency program or to enter voluntarily a licensed chemical dependency recovery hospital or residential treatment program that has a valid license issued by the state to provide alcohol or drug services to receive program participation credit, as determined by the court. The probation department shall document evidence of this hospital or residential treatment participation in the defendants program file.
(11)The conditions of probation may include, in lieu of a fine, but not in lieu of the fund payment required under paragraph (5), one or more of the following requirements:
(A)That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000).
(B)(i)That the defendant reimburse the victim for reasonable expenses that the court finds are the direct result of the defendants offense.
(ii)For any order to pay a fine, to make payments to a domestic violence shelter-based program, or to pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. Determination of a defendants ability to pay may include their future earning capacity. A defendant shall bear the burden of demonstrating lack of their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. When the injury to a married person is caused, in whole or in part, by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, as required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse, until all separate property of the offending spouse is exhausted.
(12)If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, is not benefiting from counseling, or has engaged in criminal conduct, upon request of the probation officer, the prosecuting attorney, or on its own motion, the court, as a priority calendar item, shall hold a hearing to determine whether further sentencing should proceed. The court may consider factors, including, but not limited to, any violence by the defendant against the former or a new victim while on probation and noncompliance with any other specific condition of probation. If the court finds that the defendant is not performing satisfactorily in the assigned program, is not benefiting from the program, has not complied with a condition of probation, or has engaged in criminal conduct, the court shall terminate the defendants participation in the program and shall proceed with further sentencing.
(b)If a person is granted formal probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, in addition to the terms specified in subdivision (a), all of the following shall apply:
(1)(A)The probation department shall make an investigation and take into consideration the defendants age, sexual orientation, gender identity, financial means, language-access needs, cultural identity, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterers program or, if none is available, another appropriate counseling program, would be appropriate for the defendant. This information shall be provided to the program if it is requested. The probation department shall also determine which community programs the defendant would benefit from and which of those programs would accept the defendant. The probation department shall report its findings and recommendations to the court.
(B)The probation department shall promptly notify each program in which the defendant is required to participate as part of probation of both of the following:
(i)All of the other court-mandated programs in which the defendant is required to participate.
(ii)All of the defendants probation violations pertaining to a domestic violence offense.
(2)(A)The court shall advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendants mistake or excusable neglect. Application for this relief shall be filed within 20 court days of the missed deadline. This time limitation may not be extended. A copy of any application for relief shall be served on the office of the prosecuting attorney.
(B)The court shall provide each defendant with a selection of available program providers, including the program providers standard fees and sliding fee scales, upon the defendants request.
(3)After the court orders the defendant to a batterers program or, if none is available, another appropriate counseling program, the probation department shall conduct an initial assessment of the defendant, including, but not limited to, all of the following:
(A)Social, economic, and family background.
(B)Education.
(C)Vocational achievements.
(D)Criminal history.
(E)Medical history.
(F)Substance abuse history.
(G)Consultation with the probation officer.
(H)Verbal consultation with the victim, only if the victim desires to participate.
(I)Assessment of the future probability of the defendant committing murder.
(4)The probation department shall attempt to notify the victim regarding the requirements for the defendants participation in the batterers program or, if none is available, another appropriate counseling program, as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(c)The court or the probation department shall refer defendants only to batterers programs or, if none are available, other appropriate counseling programs, that follow standards outlined in paragraph (1), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The Department of Justice shall design and implement an approval and renewal process for batterers programs and counseling programs and shall solicit input from criminal justice agencies and domestic violence victim advocacy programs.
(1)The goal of a batterers program or other appropriate counseling program under this section shall be to stop domestic violence. A program shall consist of the following components:
(A)Strategies to hold the defendant accountable for the violence in a relationship, including, but not limited to, providing the defendant with a written statement that the defendant shall be held accountable for acts or threats of domestic violence.
(B)A requirement that the defendant participate in ongoing same-gender group sessions.
(C)An initial intake that provides written definitions to the defendant of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.
(D)Procedures to inform the victim regarding the requirements for the defendants participation in the intervention program as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(E)A requirement that the defendant attend group sessions free of chemical influence.
(F)Educational programming that examines, at a minimum, gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
(G)A requirement that excludes any couple counseling or family counseling, or both.
(H)Procedures that give the program the right to assess whether or not the defendant would benefit from the program and to refuse to enroll the defendant if it is determined that the defendant would not benefit from the program, so long as the refusal is not because of the defendants inability to pay. If possible, the program shall suggest an appropriate alternative program.
(I)Program staff who, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law, and procedures of the legal system.
(J)Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers.
(K)A requirement that the defendant enter into a written agreement with the program, which shall include an outline of the contents of the program, the attendance requirements, the requirement to attend group sessions free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the defendant is not benefiting from the program or is disruptive to the program.
(L)A requirement that the defendant sign a confidentiality statement prohibiting disclosure of any information obtained through participating in the program or during group sessions regarding other participants in the program.
(M)Program content that provides cultural and ethnic sensitivity.
(N)A requirement of a written referral from the court or probation department prior to permitting the defendant to enroll in the program. The written referral shall state the number of minimum sessions required by the court.
(O)Procedures for submitting to the probation department all of the following uniform written responses:
(i)Proof of enrollment, to be submitted to the court and the probation department and to include the fee determined to be charged to the defendant, based upon the ability to pay, for each session.
(ii)Periodic progress reports that include attendance, fee payment history, and program compliance.
(iii)Final evaluation that includes the programs evaluation of the defendants progress, using the criteria set forth in subparagraph (A) of paragraph (10) of subdivision (a), and recommendation for either successful or unsuccessful termination or continuation in the program.
(P)(i)A sliding fee schedule based on the defendants ability to pay. The batterers program or counseling program shall develop and utilize a sliding fee scale that recognizes both the defendants ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant has the present ability to pay the fee. The fee shall be paid during the term of probation unless the program sets other conditions. The acceptance policies shall be in accordance with the scaled fee system.
(ii)Program providers shall post publicly, including on an internet website, a comprehensive description of their sliding fee scale.
(2) The court shall refer persons only to batterers programs or, if none are available, other appropriate counseling programs, that have been approved by the Department of Justice pursuant to paragraph (5). The Department of Justice shall do both of the following:
(A)Provide for the issuance of a provisional approval, provided that the applicant is in substantial compliance with applicable laws and regulations and an urgent need for approval exists. A provisional approval shall be considered an authorization to provide services and shall not be considered a vested right.
(B)If the Department of Justice determines that a program is not in compliance with standards set by the department, the department shall provide written notice of the noncompliant areas to the program provider. The program provider shall submit a written plan of corrections within 14 days from the date of the written notice on noncompliance. A plan of correction shall include, but not be limited to, a description of each corrective action and timeframe for implementation. The department shall review and approve all or any part of the plan of correction and notify the program provider of approval or disapproval in writing. If the program provider fails to submit a plan of correction or fails to implement the approved plan of correction, the department shall consider whether to revoke or suspend approval and, upon revoking or suspending approval, shall have the option to cease referrals of defendants under this section.
(3)A program, regardless of its source of funding, shall not be approved unless it meets all of the following standards:
(A)The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions.
(B)Supervision of the defendant for the purpose of evaluating the persons progress in the program.
(C)Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program or for the successful completion of the program as ordered. The program provider shall notify the court and the probation department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program provider determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.
(D)A victim shall not be compelled to participate in a program or counseling, and a program shall not condition a defendants enrollment on participation by the victim.
(4)In making referrals of indigent defendants to approved batterers programs or, if none are available, other appropriate counseling programs, the probation department shall apportion these referrals evenly among the approved programs.
(5)The Department of Justice shall have the sole authority to approve a batterers program or counseling program for probation. The program shall be required to obtain only one approval but shall renew that approval annually.
(A)The procedure for the approval of a new or existing program shall include all of the following:
(i)The completion of a written application containing necessary and pertinent information describing the applicant program.
(ii)The demonstration by the program provider that it possesses adequate administrative and operational capability to operate a batterers treatment program or counseling program. The program provider shall provide documentation to prove that the program has conducted batterers programs or counseling programs for at least one year prior to application. This requirement may be waived under subparagraph (A) of paragraph (2) if there is no existing batterers program in the city, county, or city and county.
(iii)The onsite review of the program provider, including monitoring of a session to determine that the program adheres to applicable statutes and regulations.
(iv)The payment of the approval fee.
(B)The Department of Justice shall fix a fee for approval not to exceed two hundred fifty dollars ($250) and for approval renewal not to exceed two hundred fifty dollars ($250) every year in an amount sufficient to cover its costs in administering the approval process under this section. A fee shall not be charged for the approval of local governmental entities.
(C)The Department of Justice has the sole authority to approve the issuance, denial, suspension, or revocation of approval and to cease new enrollments or referrals to a batterers program or counseling program under this section. The Department of Justice shall review information relative to a programs performance or failure to adhere to standards, or both. The Department of Justice may suspend or revoke an approval issued under this subdivision or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by the department, including, but not limited to, either of the following:
(i)Violation of this section by any person holding approval or by a program employee in a program under this section.
(ii)Misrepresentation of any material fact in obtaining the approval.
(6)For defendants who are chronic users or serious abusers of drugs or alcohol, standard components in the program shall include concurrent counseling for substance abuse and violent behavior, and in appropriate cases, detoxification and abstinence from the abused substance.
(7)The program provider shall conduct an exit conference that assesses the defendants progress during the defendants participation in the batterers program or counseling program.
(d)An act or omission relating to the approval of a batterers treatment programs or counseling programs under paragraph (5) of subdivision (c) is a discretionary act pursuant to Section 820.2 of the Government Code.
(e)The Department of Justice, beginning on April 1, 2024, shall be responsible for all of the following to ensure compliance with state law:
(1)Collaborating with the Judicial Council and relevant stakeholders to set program provider standards.
(2)Approving, monitoring, and renewing approvals of program providers.
(3)Conducting periodic audits of program providers to ensure compliance with this section.
(4)Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
(A)Program provider curricula.
(B)Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
(i)Implicit and explicit bias related to parties involved in domestic violence cases.
(ii)Trauma and emotional abuse.
(iii)Coercive control.
(iv)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
(5)Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of a program.
(6)Analyzing the effectiveness of programs, including, but not limited to, thorough the tracking of relevant offender and program data.
(f)By April 1, 2024, the Judicial Council shall establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
(g)(1)For purposes of this section, program provider means a provider of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program.
(2)Program provider does not include alcohol or drug counseling or alcohol and drug programs identified in subparagraph (C) of paragraph (10) of subdivision (a).
SEC. 5.SEC. 4.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.
The Legislature finds and declares all of the following:
(a)Domestic violence is a serious public safety and health issue affecting families, communities, and the criminal justice system.
(b)Inadequate offender supervision by county probation departments has undermined the effectiveness of programs addressing domestic violence.
(c)The existing system to deal with domestic violence offenders is ineffective and limits the courts ability to address domestic violence effectively.
(d)The Legislature can improve the effectiveness and consistency of the domestic violence batterer intervention system by including additional definitions, requirements, and safeguards in state law.
(e)Other states have more comprehensive and effective standards, and most states have state agencies responsible for approving, monitoring, renewing, and providing guidance to program providers.
(f)California would benefit from oversight by a statewide agency responsible for monitoring program providers, supervision of offenders by county probation departments, the establishment of statewide standards, and a system to track critical offender and program data. This will enable policymakers to make data-driven decisions to improve the effectiveness of programs and correct problems with the batterer intervention system.
SEC. 2.Section 68555 of the Government Code is repealed.SEC. 3.Section 68555 is added to the Government Code, to read:68555.(a)The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council.
(b) The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates.
(c)The training programs shall include instruction in all aspects of domestic violence, including, but not limited to:
(1)Implicit and explicit bias related to parties involved in domestic violence cases.
(2)Trauma.
(3)Coercive control.
(4)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
(5)The detriment to children of residing with a person who perpetrates domestic violence.
(6)That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
SEC. 4.Section 1203.097 of the Penal Code is amended to read:1203.097.(a)If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following:
(1)A minimum period of probation of 36 months, which may include a period of summary probation as appropriate.
(2)A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions.
(3)Notice to the victim of the disposition of the case.
(4)Booking the defendant within one week of sentencing if the defendant has not already been booked.
(5)(A)A minimum payment by the defendant of a fee of five hundred dollars ($500) to be disbursed as specified in this paragraph. If, after a hearing in open court, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee. If the court exercises its discretion to reduce or waive the fee, it shall state the reason on the record.
(B)Two-thirds of the moneys deposited with the county treasurer pursuant to this section shall be retained by counties and deposited in the domestic violence programs special fund created pursuant to Section 18305 of the Welfare and Institutions Code, to be expended for the purposes of Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of the moneys deposited in the domestic violence programs special fund, no more than 8 percent may be used for administrative costs, as specified in Section 18305 of the Welfare and Institutions Code.
(C)The remaining one-third of the moneys shall be transferred, once a month, to the Controller for deposit in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund and in the Domestic Violence Training and Education Fund, which are hereby created, in an amount equal to one-third of funds collected during the preceding month. Moneys deposited into these funds pursuant to this section shall be available upon appropriation by the Legislature and shall be distributed each fiscal year as follows:
(i)Funds from the Domestic Violence Restraining Order Reimbursement Fund shall be distributed to local law enforcement or other criminal justice agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (b) of Section 6380 of the Family Code, based on the annual notification from the Department of Justice of the number of restraining orders issued and registered in the state domestic violence restraining order registry maintained by the Department of Justice, for the development and maintenance of the domestic violence restraining order databank system.
(ii)Funds from the Domestic Violence Training and Education Fund shall support a statewide training and education program to increase public awareness of domestic violence and to improve the scope and quality of services provided to the victims of domestic violence. Grants to support this program shall be awarded on a competitive basis and be administered by the State Department of Public Health, in consultation with the statewide domestic violence coalition, which is eligible to receive funding under this section.
(D)The fee imposed by this paragraph shall be treated as a fee, not as a fine, and shall not be subject to reduction for time served as provided pursuant to Section 1205 or 2900.5.
(E)The fee imposed by this paragraph may be collected by the collecting agency, or the agencys designee, after the termination of the period of probation, whether probation is terminated by revocation or by completion of the term.
(6)Successful completion of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. The defendant shall attend consecutive weekly sessions, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program, and shall complete the program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months.
(7)(A)(i)The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. The court shall inform the defendant of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
(ii)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.
(B)Upon request by the program provider, the court shall provide the defendants arrest report, prior incidents of violence, and treatment history to the program.
(8)The court also shall order the defendant to perform a specified amount of appropriate community service, as designated by the court. The defendant shall present the court with proof of completion of community service and the court shall determine if the community service has been satisfactorily completed. If sufficient staff and resources are available, the community service shall be performed under the jurisdiction of the local agency overseeing a community service program.
(9)If the program provider finds that the defendant is unsuitable, the program provider shall immediately contact the probation department or the court. The probation department or court shall either recalendar the case for hearing or refer the defendant to an appropriate alternative program provider.
(10)(A)Upon recommendation of the program provider, a court shall require a defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. In deciding whether the defendant would benefit from more sessions, the court shall consider whether any of the following conditions exists:
(i)The defendant has been violence free for a minimum of six months.
(ii)The defendant has cooperated and participated in the batterers program or, if none is available, another appropriate counseling program.
(iii)The defendant demonstrates an understanding of and practices positive conflict resolution skills.
(iv)The defendant blames, degrades, or has committed acts that dehumanize the victim or puts at risk the victims safety, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim.
(v)The defendant demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship.
(vi)The defendant has made threats to harm anyone in any manner.
(vii)The defendant has complied with applicable requirements under paragraph (6) of subdivision (c) or subparagraph (C) to receive alcohol counseling, drug counseling, or both.
(viii)The defendant demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.
(B)The program provider shall, within seven business days, report any violation of the terms of the protective order, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation has been ordered, to the probation department. The probationer shall file proof of enrollment in a batterers program or, if none is available, another appropriate counseling program, with the court within 30 days of conviction.
(C)Concurrent with other requirements under this section, in addition to, and not in lieu of, the batterers program or, if none is available, another appropriate counseling program, and unless prohibited by the referring court, the probation department or the court may make provisions for a defendant to use their resources to enroll in a chemical dependency program or to enter voluntarily a licensed chemical dependency recovery hospital or residential treatment program that has a valid license issued by the state to provide alcohol or drug services to receive program participation credit, as determined by the court. The probation department shall document evidence of this hospital or residential treatment participation in the defendants program file.
(11)The conditions of probation may include, in lieu of a fine, but not in lieu of the fund payment required under paragraph (5), one or more of the following requirements:
(A)That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000).
(B)(i)That the defendant reimburse the victim for reasonable expenses that the court finds are the direct result of the defendants offense.
(ii)For any order to pay a fine, to make payments to a domestic violence shelter-based program, or to pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. Determination of a defendants ability to pay may include their future earning capacity. A defendant shall bear the burden of demonstrating lack of their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. When the injury to a married person is caused, in whole or in part, by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, as required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse, until all separate property of the offending spouse is exhausted.
(12)If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, is not benefiting from counseling, or has engaged in criminal conduct, upon request of the probation officer, the prosecuting attorney, or on its own motion, the court, as a priority calendar item, shall hold a hearing to determine whether further sentencing should proceed. The court may consider factors, including, but not limited to, any violence by the defendant against the former or a new victim while on probation and noncompliance with any other specific condition of probation. If the court finds that the defendant is not performing satisfactorily in the assigned program, is not benefiting from the program, has not complied with a condition of probation, or has engaged in criminal conduct, the court shall terminate the defendants participation in the program and shall proceed with further sentencing.
(b)If a person is granted formal probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, in addition to the terms specified in subdivision (a), all of the following shall apply:
(1)(A)The probation department shall make an investigation and take into consideration the defendants age, sexual orientation, gender identity, financial means, language-access needs, cultural identity, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterers program or, if none is available, another appropriate counseling program, would be appropriate for the defendant. This information shall be provided to the program if it is requested. The probation department shall also determine which community programs the defendant would benefit from and which of those programs would accept the defendant. The probation department shall report its findings and recommendations to the court.
(B)The probation department shall promptly notify each program in which the defendant is required to participate as part of probation of both of the following:
(i)All of the other court-mandated programs in which the defendant is required to participate.
(ii)All of the defendants probation violations pertaining to a domestic violence offense.
(2)(A)The court shall advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendants mistake or excusable neglect. Application for this relief shall be filed within 20 court days of the missed deadline. This time limitation may not be extended. A copy of any application for relief shall be served on the office of the prosecuting attorney.
(B)The court shall provide each defendant with a selection of available program providers, including the program providers standard fees and sliding fee scales, upon the defendants request.
(3)After the court orders the defendant to a batterers program or, if none is available, another appropriate counseling program, the probation department shall conduct an initial assessment of the defendant, including, but not limited to, all of the following:
(A)Social, economic, and family background.
(B)Education.
(C)Vocational achievements.
(D)Criminal history.
(E)Medical history.
(F)Substance abuse history.
(G)Consultation with the probation officer.
(H)Verbal consultation with the victim, only if the victim desires to participate.
(I)Assessment of the future probability of the defendant committing murder.
(4)The probation department shall attempt to notify the victim regarding the requirements for the defendants participation in the batterers program or, if none is available, another appropriate counseling program, as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(c)The court or the probation department shall refer defendants only to batterers programs or, if none are available, other appropriate counseling programs, that follow standards outlined in paragraph (1), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The Department of Justice shall design and implement an approval and renewal process for batterers programs and counseling programs and shall solicit input from criminal justice agencies and domestic violence victim advocacy programs.
(1)The goal of a batterers program or other appropriate counseling program under this section shall be to stop domestic violence. A program shall consist of the following components:
(A)Strategies to hold the defendant accountable for the violence in a relationship, including, but not limited to, providing the defendant with a written statement that the defendant shall be held accountable for acts or threats of domestic violence.
(B)A requirement that the defendant participate in ongoing same-gender group sessions.
(C)An initial intake that provides written definitions to the defendant of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.
(D)Procedures to inform the victim regarding the requirements for the defendants participation in the intervention program as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(E)A requirement that the defendant attend group sessions free of chemical influence.
(F)Educational programming that examines, at a minimum, gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
(G)A requirement that excludes any couple counseling or family counseling, or both.
(H)Procedures that give the program the right to assess whether or not the defendant would benefit from the program and to refuse to enroll the defendant if it is determined that the defendant would not benefit from the program, so long as the refusal is not because of the defendants inability to pay. If possible, the program shall suggest an appropriate alternative program.
(I)Program staff who, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law, and procedures of the legal system.
(J)Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers.
(K)A requirement that the defendant enter into a written agreement with the program, which shall include an outline of the contents of the program, the attendance requirements, the requirement to attend group sessions free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the defendant is not benefiting from the program or is disruptive to the program.
(L)A requirement that the defendant sign a confidentiality statement prohibiting disclosure of any information obtained through participating in the program or during group sessions regarding other participants in the program.
(M)Program content that provides cultural and ethnic sensitivity.
(N)A requirement of a written referral from the court or probation department prior to permitting the defendant to enroll in the program. The written referral shall state the number of minimum sessions required by the court.
(O)Procedures for submitting to the probation department all of the following uniform written responses:
(i)Proof of enrollment, to be submitted to the court and the probation department and to include the fee determined to be charged to the defendant, based upon the ability to pay, for each session.
(ii)Periodic progress reports that include attendance, fee payment history, and program compliance.
(iii)Final evaluation that includes the programs evaluation of the defendants progress, using the criteria set forth in subparagraph (A) of paragraph (10) of subdivision (a), and recommendation for either successful or unsuccessful termination or continuation in the program.
(P)(i)A sliding fee schedule based on the defendants ability to pay. The batterers program or counseling program shall develop and utilize a sliding fee scale that recognizes both the defendants ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant has the present ability to pay the fee. The fee shall be paid during the term of probation unless the program sets other conditions. The acceptance policies shall be in accordance with the scaled fee system.
(ii)Program providers shall post publicly, including on an internet website, a comprehensive description of their sliding fee scale.
(2) The court shall refer persons only to batterers programs or, if none are available, other appropriate counseling programs, that have been approved by the Department of Justice pursuant to paragraph (5). The Department of Justice shall do both of the following:
(A)Provide for the issuance of a provisional approval, provided that the applicant is in substantial compliance with applicable laws and regulations and an urgent need for approval exists. A provisional approval shall be considered an authorization to provide services and shall not be considered a vested right.
(B)If the Department of Justice determines that a program is not in compliance with standards set by the department, the department shall provide written notice of the noncompliant areas to the program provider. The program provider shall submit a written plan of corrections within 14 days from the date of the written notice on noncompliance. A plan of correction shall include, but not be limited to, a description of each corrective action and timeframe for implementation. The department shall review and approve all or any part of the plan of correction and notify the program provider of approval or disapproval in writing. If the program provider fails to submit a plan of correction or fails to implement the approved plan of correction, the department shall consider whether to revoke or suspend approval and, upon revoking or suspending approval, shall have the option to cease referrals of defendants under this section.
(3)A program, regardless of its source of funding, shall not be approved unless it meets all of the following standards:
(A)The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions.
(B)Supervision of the defendant for the purpose of evaluating the persons progress in the program.
(C)Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program or for the successful completion of the program as ordered. The program provider shall notify the court and the probation department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program provider determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.
(D)A victim shall not be compelled to participate in a program or counseling, and a program shall not condition a defendants enrollment on participation by the victim.
(4)In making referrals of indigent defendants to approved batterers programs or, if none are available, other appropriate counseling programs, the probation department shall apportion these referrals evenly among the approved programs.
(5)The Department of Justice shall have the sole authority to approve a batterers program or counseling program for probation. The program shall be required to obtain only one approval but shall renew that approval annually.
(A)The procedure for the approval of a new or existing program shall include all of the following:
(i)The completion of a written application containing necessary and pertinent information describing the applicant program.
(ii)The demonstration by the program provider that it possesses adequate administrative and operational capability to operate a batterers treatment program or counseling program. The program provider shall provide documentation to prove that the program has conducted batterers programs or counseling programs for at least one year prior to application. This requirement may be waived under subparagraph (A) of paragraph (2) if there is no existing batterers program in the city, county, or city and county.
(iii)The onsite review of the program provider, including monitoring of a session to determine that the program adheres to applicable statutes and regulations.
(iv)The payment of the approval fee.
(B)The Department of Justice shall fix a fee for approval not to exceed two hundred fifty dollars ($250) and for approval renewal not to exceed two hundred fifty dollars ($250) every year in an amount sufficient to cover its costs in administering the approval process under this section. A fee shall not be charged for the approval of local governmental entities.
(C)The Department of Justice has the sole authority to approve the issuance, denial, suspension, or revocation of approval and to cease new enrollments or referrals to a batterers program or counseling program under this section. The Department of Justice shall review information relative to a programs performance or failure to adhere to standards, or both. The Department of Justice may suspend or revoke an approval issued under this subdivision or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by the department, including, but not limited to, either of the following:
(i)Violation of this section by any person holding approval or by a program employee in a program under this section.
(ii)Misrepresentation of any material fact in obtaining the approval.
(6)For defendants who are chronic users or serious abusers of drugs or alcohol, standard components in the program shall include concurrent counseling for substance abuse and violent behavior, and in appropriate cases, detoxification and abstinence from the abused substance.
(7)The program provider shall conduct an exit conference that assesses the defendants progress during the defendants participation in the batterers program or counseling program.
(d)An act or omission relating to the approval of a batterers treatment programs or counseling programs under paragraph (5) of subdivision (c) is a discretionary act pursuant to Section 820.2 of the Government Code.
(e)The Department of Justice, beginning on April 1, 2024, shall oversee the probation departments and program providers be responsible for all of the following to ensure compliance with state law. The department shall be responsible for all of the following: law:
(1)Collaborating with the Judicial Council and relevant stakeholders to set program provider standards.
(2)Approving, monitoring, and renewing approvals of program providers.
(3)Conducting periodic audits of probation departments and program providers to ensure compliance with this section.
(4)Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
(A)Program provider curricula.
(B)Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
(i)Implicit and explicit bias related to parties involved in domestic violence cases.
(ii)Trauma and emotional abuse.
(iii)Coercive control.
(iv)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
(5)Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of a program.
(6)Analyzing the effectiveness of programs, including, but not limited to, thorough the tracking of relevant offender and program data.
(f)By April 1, 2024, the Judicial Council shall establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
(g)(1)For purposes of this section, program provider means a provider of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program.
(2)Program provider does not include alcohol or drug counseling or alcohol and drug programs identified in subparagraph (C) of paragraph (10) of subdivision (a).
SEC. 5.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.
The Legislature finds and declares all of the following:
(a)Domestic violence is a serious public safety and health issue affecting families, communities, and the criminal justice system.
(b)Inadequate offender supervision by county probation departments has undermined the effectiveness of programs addressing domestic violence.
(c)The existing system to deal with domestic violence offenders is ineffective and limits the courts ability to address domestic violence effectively.
(d)The Legislature can improve the effectiveness and consistency of the domestic violence batterer intervention system by including additional definitions, requirements, and safeguards in state law.
(e)Other states have more comprehensive and effective standards, and most states have state agencies responsible for approving, monitoring, renewing, and providing guidance to program providers.
(f)California would benefit from oversight by a statewide agency responsible for monitoring program providers, supervision of offenders by county probation departments, the establishment of statewide standards, and a system to track critical offender and program data. This will enable policymakers to make data-driven decisions to improve the effectiveness of programs and correct problems with the batterer intervention system.
SEC. 2.Section 68555 of the Government Code is repealed.SEC. 3.Section 68555 is added to the Government Code, to read:68555.(a)The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council.
(b) The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates.
(c)The training programs shall include instruction in all aspects of domestic violence, including, but not limited to:
(1)Implicit and explicit bias related to victims and perpetrators of domestic violence. parties involved in domestic violence cases.
(2)Trauma.
(3)Coercive control.
(4)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
(5)The detriment to children of residing with a person who perpetrates domestic violence.
(6)That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
(d)A minimum of 25 hours shall be required for the orientation session, and a minimum of 20 hours shall be required every three years thereafter.SEC. 4.Section 1203.097 of the Penal Code is amended to read:1203.097.(a)If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following:
(1)A minimum period of probation of 36 months, which may include a period of summary probation as appropriate.
(2)A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions.
(3)Notice to the victim of the disposition of the case.
(4)Booking the defendant within one week of sentencing if the defendant has not already been booked.
(5)(A)A minimum payment by the defendant of a fee of five hundred dollars ($500) to be disbursed as specified in this paragraph. If, after a hearing in open court, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee. If the court exercises its discretion to reduce or waive the fee, it shall state the reason on the record.
(B)Two-thirds of the moneys deposited with the county treasurer pursuant to this section shall be retained by counties and deposited in the domestic violence programs special fund created pursuant to Section 18305 of the Welfare and Institutions Code, to be expended for the purposes of Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of the moneys deposited in the domestic violence programs special fund, no more than 8 percent may be used for administrative costs, as specified in Section 18305 of the Welfare and Institutions Code.
(C)The remaining one-third of the moneys shall be transferred, once a month, to the Controller for deposit in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund and in the Domestic Violence Training and Education Fund, which are hereby created, in an amount equal to one-third of funds collected during the preceding month. Moneys deposited into these funds pursuant to this section shall be available upon appropriation by the Legislature and shall be distributed each fiscal year as follows:
(i)Funds from the Domestic Violence Restraining Order Reimbursement Fund shall be distributed to local law enforcement or other criminal justice agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (b) of Section 6380 of the Family Code, based on the annual notification from the Department of Justice of the number of restraining orders issued and registered in the state domestic violence restraining order registry maintained by the Department of Justice, for the development and maintenance of the domestic violence restraining order databank system.
(ii)Funds from the Domestic Violence Training and Education Fund shall support a statewide training and education program to increase public awareness of domestic violence and to improve the scope and quality of services provided to the victims of domestic violence. Grants to support this program shall be awarded on a competitive basis and be administered by the State Department of Public Health, in consultation with the statewide domestic violence coalition, which is eligible to receive funding under this section.
(D)The fee imposed by this paragraph shall be treated as a fee, not as a fine, and shall not be subject to reduction for time served as provided pursuant to Section 1205 or 2900.5.
(E)The fee imposed by this paragraph may be collected by the collecting agency, or the agencys designee, after the termination of the period of probation, whether probation is terminated by revocation or by completion of the term.
(6)Successful completion of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. The defendant shall attend consecutive weekly sessions, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program, and shall complete the program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months.
(7)(A)(i)The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. The court shall inform the defendant of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
(ii)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.
(B)Upon request by the program provider, the court shall provide the defendants arrest report, prior incidents of violence, and treatment history to the program.
(8)The court also shall order the defendant to perform a specified amount of appropriate community service, as designated by the court. The defendant shall present the court with proof of completion of community service and the court shall determine if the community service has been satisfactorily completed. If sufficient staff and resources are available, the community service shall be performed under the jurisdiction of the local agency overseeing a community service program.
(9)If the program provider finds that the defendant is unsuitable, the program provider shall immediately contact the probation department or the court. The probation department or court shall either recalendar the case for hearing or refer the defendant to an appropriate alternative program provider.
(10)(A)Upon recommendation of the program provider, a court shall require a defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. In deciding whether the defendant would benefit from more sessions, the court shall consider whether any of the following conditions exists:
(i)The defendant has been violence free for a minimum of six months.
(ii)The defendant has cooperated and participated in the batterers program or, if none is available, another appropriate counseling program.
(iii)The defendant demonstrates an understanding of and practices positive conflict resolution skills.
(iv)The defendant blames, degrades, or has committed acts that dehumanize the victim or puts at risk the victims safety, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim.
(v)The defendant demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship.
(vi)The defendant has made threats to harm anyone in any manner.
(vii)The defendant has complied with applicable requirements under paragraph (6) of subdivision (c) or subparagraph (C) to receive alcohol counseling, drug counseling, or both.
(viii)The defendant demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.
(B)The program provider shall, within seven business days, report any violation of the terms of the protective order, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation has been ordered, to the probation department. The probationer shall file proof of enrollment in a batterers program or, if none is available, another appropriate counseling program, with the court within 30 days of conviction.
(C)Concurrent with other requirements under this section, in addition to, and not in lieu of, the batterers program, or program or, if none is available, another appropriate counseling program, and unless prohibited by the referring court, the probation department or the court may make provisions for a defendant to use their resources to enroll in a chemical dependency program or to enter voluntarily a licensed chemical dependency recovery hospital or residential treatment program that has a valid license issued by the state to provide alcohol or drug services to receive program participation credit, as determined by the court. The probation department shall document evidence of this hospital or residential treatment participation in the defendants program file.
(11)The conditions of probation may include, in lieu of a fine, but not in lieu of the fund payment required under paragraph (5), one or more of the following requirements:
(A)That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000).
(B)(i)That the defendant reimburse the victim for reasonable expenses that the court finds are the direct result of the defendants offense.
(ii)For any order to pay a fine, to make payments to a domestic violence shelter-based program, or to pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. Determination of a defendants ability to pay may include their future earning capacity. A defendant shall bear the burden of demonstrating lack of their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. When the injury to a married person is caused, in whole or in part, by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, as required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse, until all separate property of the offending spouse is exhausted.
(12)If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, is not benefiting from counseling, or has engaged in criminal conduct, upon request of the probation officer, the prosecuting attorney, or on its own motion, the court, as a priority calendar item, shall hold a hearing to determine whether further sentencing should proceed. The court may consider factors, including, but not limited to, any violence by the defendant against the former or a new victim while on probation and noncompliance with any other specific condition of probation. If the court finds that the defendant is not performing satisfactorily in the assigned program, is not benefiting from the program, has not complied with a condition of probation, or has engaged in criminal conduct, the court shall terminate the defendants participation in the program and shall proceed with further sentencing.
(b)If a person is granted formal probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, in addition to the terms specified in subdivision (a), all of the following shall apply:
(1)(A)The probation department shall make an investigation and take into consideration the defendants age, sexual orientation, gender identity, financial means, language-access needs, cultural identity, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterers program or, if none is available, another appropriate counseling program, would be appropriate for the defendant. This information shall be provided to the program if it is requested. The probation department shall also determine which community programs the defendant would benefit from and which of those programs would accept the defendant. The probation department shall report its findings and recommendations to the court.
(B)The probation department shall promptly notify each program in which the defendant is required to participate as part of probation of both of the following:
(i)All of the other court-mandated programs in which the defendant is required to participate.
(ii)All of the defendants probation violations pertaining to a domestic violence offense.
(2)(A)The court shall advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendants mistake or excusable neglect. Application for this relief shall be filed within 20 court days of the missed deadline. This time limitation may not be extended. A copy of any application for relief shall be served on the office of the prosecuting attorney.
(B)The court shall provide each defendant with a selection of available program providers, including the program providers standard fees and sliding fee scales, before the defendant agrees to the conditions of probation. upon the defendants request.
(3)After the court orders the defendant to a batterers program or, if none is available, another appropriate counseling program, the probation department shall conduct an initial assessment of the defendant, including, but not limited to, all of the following:
(A)Social, economic, and family background.
(B)Education.
(C)Vocational achievements.
(D)Criminal history.
(E)Medical history.
(F)Substance abuse history.
(G)Consultation with the probation officer.
(H)Verbal consultation with the victim, only if the victim desires to participate.
(I)Assessment of the future probability of the defendant committing murder.
(4)The probation department shall attempt to notify the victim regarding the requirements for the defendants participation in the batterers program or, if none is available, another appropriate counseling program, as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(c)The court or the probation department shall refer defendants only to batterers programs or, if none are available, other appropriate counseling programs, that follow standards outlined in paragraph (1), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The Department of Justice shall design and implement an approval and renewal process for batterers programs and counseling programs and shall solicit input from criminal justice agencies and domestic violence victim advocacy programs.
(1)The goal of a batterers program or other appropriate counseling program under this section shall be to stop domestic violence. A program shall consist of the following components:
(A)Strategies to hold the defendant accountable for the violence in a relationship, including, but not limited to, providing the defendant with a written statement that the defendant shall be held accountable for acts or threats of domestic violence.
(B)A requirement that the defendant participate in ongoing same-gender group sessions.
(C)An initial intake that provides written definitions to the defendant of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.
(D)Procedures to inform the victim regarding the requirements for the defendants participation in the intervention program as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(E)A requirement that the defendant attend group sessions free of chemical influence.
(F)Educational programming that examines, at a minimum, gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
(G)A requirement that excludes any couple counseling or family counseling, or both.
(H)Procedures that give the program the right to assess whether or not the defendant would benefit from the program and to refuse to enroll the defendant if it is determined that the defendant would not benefit from the program, so long as the refusal is not because of the defendants inability to pay. If possible, the program shall suggest an appropriate alternative program.
(I)Program staff who, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law, and procedures of the legal system.
(J)Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers.
(K)A requirement that the defendant enter into a written agreement with the program, which shall include an outline of the contents of the program, the attendance requirements, the requirement to attend group sessions free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the defendant is not benefiting from the program or is disruptive to the program.
(L)A requirement that the defendant sign a confidentiality statement prohibiting disclosure of any information obtained through participating in the program or during group sessions regarding other participants in the program.
(M)Program content that provides cultural and ethnic sensitivity.
(N)A requirement of a written referral from the court or probation department prior to permitting the defendant to enroll in the program. The written referral shall state the number of minimum sessions required by the court.
(O)Procedures for submitting to the probation department all of the following uniform written responses:
(i)Proof of enrollment, to be submitted to the court and the probation department and to include the fee determined to be charged to the defendant, based upon the ability to pay, for each session.
(ii)Periodic progress reports that include attendance, fee payment history, and program compliance.
(iii)Final evaluation that includes the programs evaluation of the defendants progress, using the criteria set forth in subparagraph (A) of paragraph (10) of subdivision (a), and recommendation for either successful or unsuccessful termination or continuation in the program.
(P)(i)A sliding fee schedule based on the defendants ability to pay. The batterers program or counseling program shall develop and utilize a sliding fee scale that recognizes both the defendants ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant has the present ability to pay the fee. The fee shall be paid during the term of probation unless the program sets other conditions. The acceptance policies shall be in accordance with the scaled fee system.
(ii)Program providers shall post publically, publicly, including on an internet website, a comprehensive description of their sliding fee scale.
(2) The court shall refer persons only to batterers programs, or programs or, if none are available, other appropriate counseling programs, that have been approved by the Department of Justice pursuant to paragraph (5). The Department of Justice shall do both of the following:
(A)Provide for the issuance of a provisional approval, provided that the applicant is in substantial compliance with applicable laws and regulations and an urgent need for approval exists. A provisional approval shall be considered an authorization to provide services and shall not be considered a vested right.
(B)If the Department of Justice determines that a program is not in compliance with standards set by the department, the department shall provide written notice of the noncompliant areas to the program provider. The program provider shall submit a written plan of corrections within 14 days from the date of the written notice on noncompliance. A plan of correction shall include, but not be limited to, a description of each corrective action and timeframe for implementation. The department shall review and approve all or any part of the plan of correction and notify the program provider of approval or disapproval in writing. If the program provider fails to submit a plan of correction or fails to implement the approved plan of correction, the department shall consider whether to revoke or suspend approval and, upon revoking or suspending approval, shall have the option to cease referrals of defendants under this section.
(3)A program, regardless of its source of funding, shall not be approved unless it meets all of the following standards:
(A)The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions.
(B)Supervision of the defendant for the purpose of evaluating the persons progress in the program.
(C)Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program or for the successful completion of the program as ordered. The program provider shall notify the court and the probation department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program provider determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.
(D)A victim shall not be compelled to participate in a program or counseling, and a program shall not condition a defendants enrollment on participation by the victim.
(4)In making referrals of indigent defendants to approved batterers programs, or programs or, if none are available, other appropriate counseling programs, the probation department shall apportion these referrals evenly among the approved programs.
(5)The Department of Justice shall have the sole authority to approve a batterers program or counseling program for probation. The program shall be required to obtain only one approval but shall renew that approval annually.
(A)The procedure for the approval of a new or existing program shall include all of the following:
(i)The completion of a written application containing necessary and pertinent information describing the applicant program.
(ii)The demonstration by the program provider that it possesses adequate administrative and operational capability to operate a batterers treatment program or counseling program. The program provider shall provide documentation to prove that the program has conducted batterers programs or counseling programs for at least one year prior to application. This requirement may be waived under subparagraph (A) of paragraph (2) if there is no existing batterers program in the city, county, or city and county.
(iii)The onsite review of the program provider, including monitoring of a session to determine that the program adheres to applicable statutes and regulations.
(iv)The payment of the approval fee.
(B)The Department of Justice shall fix a fee for approval not to exceed two hundred fifty dollars ($250) and for approval renewal not to exceed two hundred fifty dollars ($250) every year in an amount sufficient to cover its costs in administering the approval process under this section. A fee shall not be charged for the approval of local governmental entities.
(C)The Department of Justice has the sole authority to approve the issuance, denial, suspension, or revocation of approval and to cease new enrollments or referrals to a batterers program or counseling program under this section. The Department of Justice shall review information relative to a programs performance or failure to adhere to standards, or both. The Department of Justice may suspend or revoke an approval issued under this subdivision or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by the department, including, but not limited to, either of the following:
(i)Violation of this section by any person holding approval or by a program employee in a program under this section.
(ii)Misrepresentation of any material fact in obtaining the approval.
(6)For defendants who are chronic users or serious abusers of drugs or alcohol, standard components in the program shall include concurrent counseling for substance abuse and violent behavior, and in appropriate cases, detoxification and abstinence from the abused substance.
(7)The program provider shall conduct an exit conference that assesses the defendants progress during the defendants participation in the batterers program or counseling program.
(d)An act or omission relating to the approval of a batterers treatment programs or counseling programs under paragraph (5) of subdivision (c) is a discretionary act pursuant to Section 820.2 of the Government Code.
(e)The Department of Justice, beginning on April 1, 2024, shall oversee the probation departments and program providers to ensure compliance with state law. The department shall be responsible for all of the following:
(1)Collaborating with the Judicial Council and relevant stakeholders to set program provider standards.
(2)Approving, monitoring, and renewing approvals of program providers.
(3)Conducting periodic audits of probation departments and program providers to ensure compliance with this section.
(4)Developing Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
(A)Program provider curricula.
(B)Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
(i)Implicit and explicit bias related to victims and perpetrators of domestic violence. parties involved in domestic violence cases.
(ii)Trauma and emotional abuse.
(iii)Coercive control.
(iv)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
(5)Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of a program.
(6)Analyzing the effectiveness of programs, including, but not limited to, thorough the tracking of relevant offender and program data.
(f)By April 1, 2024, the Judicial Council shall establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
(g)(1)For purposes of this section, program provider means a provider of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program.
(2)Program provider does not include alcohol or drug counseling or alcohol and drug programs identified in subparagraph (C) of paragraph (10) of subdivision (a).
SEC. 5.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.
The Legislature finds and declares all of the following:
(a)Domestic violence is a serious public safety and health issue affecting families, communities, and the criminal justice system.
(b)Inadequate offender supervision by county probation departments has undermined the effectiveness of programs addressing domestic violence.
(c)The existing system to deal with domestic violence offenders is ineffective and limits the courts ability to address domestic violence effectively.
(d)The Legislature can improve the effectiveness and consistency of the domestic violence batterer intervention system by including additional definitions, requirements, and safeguards in state law.
(e)Other states have more comprehensive and effective standards, and most states have state agencies responsible for approving, monitoring, renewing, and providing guidance to program providers.
(f)California would benefit from oversight by a statewide agency responsible for monitoring program providers, supervision of offenders by county probation departments, the establishment of statewide standards, and a system to track critical offender and program data. This will enable policymakers to make data-driven decisions to improve the effectiveness of programs and correct problems with the batterer intervention system.
SEC. 2.Section 68555 of the Government Code is repealed.68555.The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council. The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges and an annual training session in domestic violence. The training programs shall include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence and that domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.SEC. 3.Section 68555 is added to the Government Code, to read:68555.(a)The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council.
(b) The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates.
(c)The training programs shall include instruction in all aspects of domestic violence, including, but not limited to:
(1)Implicit and explicit bias related to victims and perpetrators of domestic violence.
(2)Trauma.
(3)Coercive control.
(4)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
(5)The detriment to children of residing with a person who perpetrates domestic violence.
(6)That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
(d)A minimum of 25 hours shall be required for the orientation session, and a minimum of 20 hours shall be required every three years thereafter.
SEC. 4.Section 1203.097 of the Penal Code is amended to read:1203.097.(a)If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following:
(1)A minimum period of probation of 36 months, which may include a period of summary probation as appropriate.
(2)A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions.
(3)Notice to the victim of the disposition of the case.
(4)Booking the defendant within one week of sentencing if the defendant has not already been booked.
(5)(A)A minimum payment by the defendant of a fee of five hundred dollars ($500) to be disbursed as specified in this paragraph. If, after a hearing in open court, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee. If the court exercises its discretion to reduce or waive the fee, it shall state the reason on the record.
(B)Two-thirds of the moneys deposited with the county treasurer pursuant to this section shall be retained by counties and deposited in the domestic violence programs special fund created pursuant to Section 18305 of the Welfare and Institutions Code, to be expended for the purposes of Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of the moneys deposited in the domestic violence programs special fund, no more than 8 percent may be used for administrative costs, as specified in Section 18305 of the Welfare and Institutions Code.
(C)The remaining one-third of the moneys shall be transferred, once a month, to the Controller for deposit in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund and in the Domestic Violence Training and Education Fund, which are hereby created, in an amount equal to one-third of funds collected during the preceding month. Moneys deposited into these funds pursuant to this section shall be available upon appropriation by the Legislature and shall be distributed each fiscal year as follows:
(i)Funds from the Domestic Violence Restraining Order Reimbursement Fund shall be distributed to local law enforcement or other criminal justice agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (b) of Section 6380 of the Family Code, based on the annual notification from the Department of Justice of the number of restraining orders issued and registered in the state domestic violence restraining order registry maintained by the Department of Justice, for the development and maintenance of the domestic violence restraining order databank system.
(ii)Funds from the Domestic Violence Training and Education Fund shall support a statewide training and education program to increase public awareness of domestic violence and to improve the scope and quality of services provided to the victims of domestic violence. Grants to support this program shall be awarded on a competitive basis and be administered by the State Department of Public Health, in consultation with the statewide domestic violence coalition, which is eligible to receive funding under this section.
(D)The fee imposed by this paragraph shall be treated as a fee, not as a fine, and shall not be subject to reduction for time served as provided pursuant to Section 1205 or 2900.5.
(E)The fee imposed by this paragraph may be collected by the collecting agency, or the agencys designee, after the termination of the period of probation, whether probation is terminated by revocation or by completion of the term.
(6)Successful completion of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. The defendant shall attend consecutive weekly sessions, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program, and shall complete the program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months.
(7)(A)(i)The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. The court shall inform the defendant of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
(ii)The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.
(B)Upon request by the batterers program, program provider, the court shall provide the defendants arrest report, prior incidents of violence, and treatment history to the program.
(8)The court also shall order the defendant to perform a specified amount of appropriate community service, as designated by the court. The defendant shall present the court with proof of completion of community service and the court shall determine if the community service has been satisfactorily completed. If sufficient staff and resources are available, the community service shall be performed under the jurisdiction of the local agency overseeing a community service program.
(9)If the program provider finds that the defendant is unsuitable, the program provider shall immediately contact the probation department or the court. The probation department or court shall either recalendar the case for hearing or refer the defendant to an appropriate alternative batterers program. program provider.
(10)(A)Upon recommendation of the program, program provider, a court shall require a defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. In deciding whether the defendant would benefit from more sessions, the court shall consider whether any of the following conditions exists:
(i)The defendant has been violence free for a minimum of six months.
(ii)The defendant has cooperated and participated in the batterers program. program or, if none is available, another appropriate counseling program.
(iii)The defendant demonstrates an understanding of and practices positive conflict resolution skills.
(iv)The defendant blames, degrades, or has committed acts that dehumanize the victim or puts at risk the victims safety, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim.
(v)The defendant demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship.
(vi)The defendant has made threats to harm anyone in any manner.
(vii)The defendant has complied with applicable requirements under paragraph (6) of subdivision (c) or subparagraph (C) to receive alcohol counseling, drug counseling, or both.
(viii)The defendant demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.
(B)The program shall immediately program provider shall, within seven business days, report any violation of the terms of the protective order, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation has been ordered, to the probation department. The probationer shall file proof of enrollment in a batterers program program or, if none is available, another appropriate counseling program, with the court within 30 days of conviction.
(C)Concurrent with other requirements under this section, in addition to, and not in lieu of, the batterers program, program, or if none is available, another appropriate counseling program, and unless prohibited by the referring court, the probation department or the court may make provisions for a defendant to use their resources to enroll in a chemical dependency program or to enter voluntarily a licensed chemical dependency recovery hospital or residential treatment program that has a valid license issued by the state to provide alcohol or drug services to receive program participation credit, as determined by the court. The probation department shall document evidence of this hospital or residential treatment participation in the defendants program file.
(11)The conditions of probation may include, in lieu of a fine, but not in lieu of the fund payment required under paragraph (5), one or more of the following requirements:
(A)That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000).
(B)(i)That the defendant reimburse the victim for reasonable expenses that the court finds are the direct result of the defendants offense.
For(ii)For any order to pay a fine, to make payments to a domestic violence shelter-based program, or to pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. Determination of a defendants ability to pay may include their future earning capacity. A defendant shall bear the burden of demonstrating lack of their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. When the injury to a married person is caused, in whole or in part, by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, as required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse, until all separate property of the offending spouse is exhausted.
(12)If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, is not benefiting from counseling, or has engaged in criminal conduct, upon request of the probation officer, the prosecuting attorney, or on its own motion, the court, as a priority calendar item, shall hold a hearing to determine whether further sentencing should proceed. The court may consider factors, including, but not limited to, any violence by the defendant against the former or a new victim while on probation and noncompliance with any other specific condition of probation. If the court finds that the defendant is not performing satisfactorily in the assigned program, is not benefiting from the program, has not complied with a condition of probation, or has engaged in criminal conduct, the court shall terminate the defendants participation in the program and shall proceed with further sentencing.
(b)If a person is granted formal probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, in addition to the terms specified in subdivision (a), all of the following shall apply:
(1)(A)The probation department shall make an investigation and take into consideration the defendants age, sexual orientation, gender identity, financial means, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterers program program or, if none is available, another appropriate counseling program, would be appropriate for the defendant. This information shall be provided to the batterers program if it is requested. The probation department shall also determine which community programs the defendant would benefit from and which of those programs would accept the defendant. The probation department shall report its findings and recommendations to the court.
(B)The probation department shall promptly notify each program in which the defendant is required to participate as part of probation of both of the following:
(i)All of the other court-mandated programs in which the defendant is required to participate.
(ii)All of the defendants probation violations pertaining to a domestic violence offense.
(2)(A)The court shall advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendants mistake or excusable neglect. Application for this relief shall be filed within 20 court days of the missed deadline. This time limitation may not be extended. A copy of any application for relief shall be served on the office of the prosecuting attorney.
(B)The court shall provide each defendant with a selection of available program providers, including the program providers standard fees and sliding fee scales, before the defendant agrees to the conditions of probation.
(3)After the court orders the defendant to a batterers program, program or, if none is available, another appropriate counseling program, the probation department shall conduct an initial assessment of the defendant, including, but not limited to, all of the following:
(A)Social, economic, and family background.
(B)Education.
(C)Vocational achievements.
(D)Criminal history.
(E)Medical history.
(F)Substance abuse history.
(G)Consultation with the probation officer.
(H)Verbal consultation with the victim, only if the victim desires to participate.
(I)Assessment of the future probability of the defendant committing murder.
(4)The probation department shall attempt to notify the victim regarding the requirements for the defendants participation in the batterers program, program or, if none is available, another appropriate counseling program, as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(c)The court or the probation department shall refer defendants only to batterers programs programs or, if none are available, other appropriate counseling programs, that follow standards outlined in paragraph (1), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department The Department of Justice shall design and implement an approval and renewal process for batterers programs and counseling programs and shall solicit input from criminal justice agencies and domestic violence victim advocacy programs.
(1)The goal of a batterers program or other appropriate counseling program under this section shall be to stop domestic violence. A batterers program shall consist of the following components:
(A)Strategies to hold the defendant accountable for the violence in a relationship, including, but not limited to, providing the defendant with a written statement that the defendant shall be held accountable for acts or threats of domestic violence.
(B)A requirement that the defendant participate in ongoing same-gender group sessions.
(C)An initial intake that provides written definitions to the defendant of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.
(D)Procedures to inform the victim regarding the requirements for the defendants participation in the intervention program as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(E)A requirement that the defendant attend group sessions free of chemical influence.
(F)Educational programming that examines, at a minimum, gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
(G)A requirement that excludes any couple counseling or family counseling, or both.
(H)Procedures that give the program the right to assess whether or not the defendant would benefit from the program and to refuse to enroll the defendant if it is determined that the defendant would not benefit from the program, so long as the refusal is not because of the defendants inability to pay. If possible, the program shall suggest an appropriate alternative program.
(I)Program staff who, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law, and procedures of the legal system.
(J)Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers.
(K)A requirement that the defendant enter into a written agreement with the program, which shall include an outline of the contents of the program, the attendance requirements, the requirement to attend group sessions free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the defendant is not benefiting from the program or is disruptive to the program.
(L)A requirement that the defendant sign a confidentiality statement prohibiting disclosure of any information obtained through participating in the program or during group sessions regarding other participants in the program.
(M)Program content that provides cultural and ethnic sensitivity.
(N)A requirement of a written referral from the court or probation department prior to permitting the defendant to enroll in the program. The written referral shall state the number of minimum sessions required by the court.
(O)Procedures for submitting to the probation department all of the following uniform written responses:
(i)Proof of enrollment, to be submitted to the court and the probation department and to include the fee determined to be charged to the defendant, based upon the ability to pay, for each session.
(ii)Periodic progress reports that include attendance, fee payment history, and program compliance.
(iii)Final evaluation that includes the programs evaluation of the defendants progress, using the criteria set forth in subparagraph (A) of paragraph (10) of subdivision (a), and recommendation for either successful or unsuccessful termination or continuation in the program.
(P)(i)A sliding fee schedule based on the defendants ability to pay. The batterers program program or counseling program shall develop and utilize a sliding fee scale that recognizes both the defendants ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant has the present ability to pay the fee. The fee shall be paid during the term of probation unless the program sets other conditions. The acceptance policies shall be in accordance with the scaled fee system.
(ii)Program providers shall post publically, including on an internet website, a comprehensive description of their sliding fee scale.
(2) The court shall refer persons only to batterers programs programs, or if none are available, other appropriate counseling programs, that have been approved by the probation department Department of Justice pursuant to paragraph (5). The probation department Department of Justice shall do both of the following:
(A)Provide for the issuance of a provisional approval, provided that the applicant is in substantial compliance with applicable laws and regulations and an urgent need for approval exists. A provisional approval shall be considered an authorization to provide services and shall not be considered a vested right.
(B)If the probation department Department of Justice determines that a program is not in compliance with standards set by the department, the department shall provide written notice of the noncompliant areas to the program. program provider. The program provider shall submit a written plan of corrections within 14 days from the date of the written notice on noncompliance. A plan of correction shall include, but not be limited to, a description of each corrective action and timeframe for implementation. The department shall review and approve all or any part of the plan of correction and notify the program provider of approval or disapproval in writing. If the program provider fails to submit a plan of correction or fails to implement the approved plan of correction, the department shall consider whether to revoke or suspend approval and, upon revoking or suspending approval, shall have the option to cease referrals of defendants under this section.
(3)No A program, regardless of its source of funding, shall not be approved unless it meets all of the following standards:
(A)The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions.
(B)Supervision of the defendant for the purpose of evaluating the persons progress in the program.
(C)Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program or for the successful completion of the program as ordered. The program provider shall notify the court and the probation department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program provider determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.
(D)No A victim shall not be compelled to participate in a program or counseling, and no a program may shall not condition a defendants enrollment on participation by the victim.
(4)In making referrals of indigent defendants to approved batterers programs, or if none are available, other appropriate counseling programs, the probation department shall apportion these referrals evenly among the approved programs.
(5)The probation department Department of Justice shall have the sole authority to approve a batterers program or counseling program for probation. The program shall be required to obtain only one approval but shall renew that approval annually.
(A)The procedure for the approval of a new or existing program shall include all of the following:
(i)The completion of a written application containing necessary and pertinent information describing the applicant program.
(ii)The demonstration by the program provider that it possesses adequate administrative and operational capability to operate a batterers treatment program or counseling program. The program provider shall provide documentation to prove that the program has conducted batterers programs or counseling programs for at least one year prior to application. This requirement may be waived under subparagraph (A) of paragraph (2) if there is no existing batterers program in the city, county, or city and county.
(iii)The onsite review of the program, program provider, including monitoring of a session to determine that the program adheres to applicable statutes and regulations.
(iv)The payment of the approval fee.
(B)The probation department Department of Justice shall fix a fee for approval not to exceed two hundred fifty dollars ($250) and for approval renewal not to exceed two hundred fifty dollars ($250) every year in an amount sufficient to cover its costs in administering the approval process under this section. No A fee shall not be charged for the approval of local governmental entities.
(C)The probation department Department of Justice has the sole authority to approve the issuance, denial, suspension, or revocation of approval and to cease new enrollments or referrals to a batterers program or counseling program under this section. The probation department Department of Justice shall review information relative to a programs performance or failure to adhere to standards, or both. The probation department Department of Justice may suspend or revoke an approval issued under this subdivision or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by probation, the department, including, but not limited to, either of the following:
(i)Violation of this section by any person holding approval or by a program employee in a program under this section.
(ii)Misrepresentation of any material fact in obtaining the approval.
(6)For defendants who are chronic users or serious abusers of drugs or alcohol, standard components in the program shall include concurrent counseling for substance abuse and violent behavior, and in appropriate cases, detoxification and abstinence from the abused substance.
(7)The program provider shall conduct an exit conference that assesses the defendants progress during the defendants participation in the batterers program or counseling program.
(d)An act or omission relating to the approval of a batterers treatment programs or counseling programs under paragraph (5) of subdivision (c) is a discretionary act pursuant to Section 820.2 of the Government Code.
(e)The Department of Justice, beginning on April 1, 2024, shall oversee the probation departments and program providers to ensure compliance with state law. The department shall be responsible for all of the following:
(1)Collaborating with the Judicial Council and relevant stakeholders to set program provider standards.
(2)Approving, monitoring, and renewing approvals of program providers.
(3)Conducting periodic audits of probation departments and program providers to ensure compliance with this section.
(4)Developing comprehensive, statewide standards through regulations, including, but not limited to:
(A)Program provider curricula.
(B)Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
(i)Implicit and explicit bias related to victims and perpetrators of domestic violence.
(ii)Trauma and emotional abuse.
(iii)Coercive control.
(iv)Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
Identifying(5)Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of a program.
Analyzing(6)Analyzing the effectiveness of programs, including, but not limited to, thorough the tracking of relevant offender and program data.
By(f)By April 1, 2024, the Judicial Council shall establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
(1)For(g)(1)For purposes of this section, program provider means a provider of a batterers program, as defined in subdivision (c), or if none is available, another appropriate counseling program.
Program(2)Program provider does not include alcohol or drug counseling or alcohol and drug programs identified in subparagraph (C) of paragraph (10) of subdivision (a).
SEC. 5.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.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Feb 1, 2024 | Consideration of Governor's veto stricken from file. |
| Jan 3, 2024 | Consideration of Governor's veto pending. |
| Oct 8, 2023 | Vetoed by Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3419.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 2663.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jun 14, 2023 | Referred to Com. on PUB S. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1998.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 18, 2023 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 18). |
| May 3, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2023 | In committee: Hearing postponed by committee. |
| Mar 14, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 14). Re-referred to Com. on APPR. |
| Mar 14, 2023 | Coauthors revised. |
| Feb 13, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 2, 2023 | Referred to Com. on PUB. S. |
| Jan 27, 2023 | From printer. May be heard in committee February 26. |
| Jan 26, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | AB 304 Holden Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 12, 2023 | Assembly 3rd Reading AB304 Holden et al. By Skinner | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 31, 2023 | AB 304 Holden Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 14, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of Orange County Deputy Sheriffs | ** Against | |
| California Attorneys For Criminal Justice | ** Support | |
| California Fraternal Order of Police | ** Against | |
| California Public Defenders Association | ** Support | |
| California State Sexual Assault Forensic Examiners | * Support | Jul 11, 2023 |
| Chief Probation Officers Of California | ** Against | |
| Judicial Council | * Indeterminate | Mar 14, 2023 |
| Judicial Council of California | ** Against | |
| Little Hoover Commission | ** Support | |
| Los Angeles County District AttorneyS Office | ** Support | |
| Sacramento County Probation Association | ** Against | |
| San Diego County Probation Officers Association | ** Against | |
| San Joaquin County Probation Officers Association | ** Against | |
| Shepherd Store Domestic Violence Resource and Education Center | * Support | Mar 14, 2023 |
| State Coalition Of Probation Organizations | ** Against |
GOVERNOR'S VETO
GV Bill Id:AB 304
Author:(Holden)
As Enrolled Ver:September 18, 2023
2/3 vote
SUMMARY
Requires the Judicial Council to establish judicial training programs on all aspects of domestic violence, and transfers responsibility for approving batterer's intervention programs from probation departments to the Department of Justice (DOJ).
Senate Amendments
- Eliminate DOJ's responsibility to oversee probation departments to ensure compliance with state law.
- Specify that the individuals for whom Judicial Council establishes the judicial training program also include guardians ad litem, custody evaluators, and child custody recommending counselors, if those individuals are employed by the court.
- Provide that the training program shall be an ongoing training and education program designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in family victims, particularly children, and to make appropriate custody decisions that prioritize child safety and well-being and are culturally sensitive and appropriate for diverse communities.
- Require the periodic updates to training programs established by Judicial Council to also include training and education on child sexual abuse, physical abuse, emotional abuse, long- and short-term impacts of domestic violence and child abuse on children.
Governor’s Veto Message
This bill transfers responsibility for approving and overseeing batterer's intervention programs from county probation departments to the Department of Justice. This bill also requires the Judicial Council to make changes to judicial training programs on domestic violence.
In partnership with the Legislature, we enacted a budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $ l l billion would be ongoing.
With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure.
COMMENTS
As passed by the Assembly, this bill:
- Required the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the council.
- Required the training programs to include a domestic violence session in any orientation session conducted for newly-appointed or elected judges, an annual training session in domestic violence, and periodic updates.
- Required the training programs to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
- Required the court to inform a defendant who is required to attend a batterer's intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
- Clarified that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
- Required the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant's probation violations pertaining to a domestic violence offense.
- Required a court to provide a defendant with a selection of available program providers, including the program providers' standard fees and sliding fee scales, upon the defendant's request.
- Required program providers to post publicly, including on an internet website, a comprehensive description of their sliding fee scale.
- Transferred the responsibility for approving batterer's intervention programs from probation departments to the DOJ.
- Required DOJ, beginning on April 1, 2024, to oversee the probation departments and program providers to ensure compliance with state law.
- Required DOJ to be responsible for all of the following:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of probation departments and program providers;
- Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
- Required Judicial Council, by April 1, 2024, to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
- Defined "program provider" as a provider of a batterer's program, as specified, or if none is available, another appropriate counseling program.
- Provided that program providers do not include alcohol or drug counseling or alcohol and drug programs, as specified.
- Included legislative findings and declarations.
According to the Author
"Despite its efforts over the last three decades, the California Legislature and other state agencies have struggled to implement effective domestic violence diversion tactics. An investigation by the California State Auditor of our batterer intervention programs has revealed a disparity in oversight on the part of probation departments and courts.[1] This, coupled with the insufficient training for those involved in handling domestic violence incidents, has very real implications for domestic violence survivors. This widespread issue affects more people than we realize. Between 2012 and 2021 approximately 1.6 million calls for domestic-violence related assistance were made in California.[2] We already have the infrastructure to help, but are falling short in its oversight and implementation. It is pertinent we revise our batterer intervention system to make it more effective in protecting domestic violence survivors and rehabilitating domestic violence offenders."
Arguments in Support
According to the Little Hoover Commission, "In its 2021 report, Beyond the Crisis: A Long-Term Approach to Reduce, Prevent, and Recover from Intimate Partner Violence, the Commission found that California's batterer intervention programs were "structured in such a way that it's nearly down to chance – except the odds are stacked against participants who are not financially secure – whether the program will work for a participant or leave them indebted in the county lockup." Among other concerns, the Commission found the programs were not always available in the geographic region or language offenders needed, affordable for lower-income Californians, nor formatted in in a manner that addressed the spectrum of genders and sexualities found among Californians.
"The Commission recommended that the state review its requirements for batterer intervention programs to determine if they facilitate rehabilitation; begin a process to determine how to tailor rehabilitative services to an individual's needs; and, ensure that rehabilitation is not contingent on an individual's ability to pay.
"We believe AB 304 would help implement these recommendations; consequently we support this legislation."
Arguments in Opposition
According to Chief Probation Officers of California, "We share your desire to see domestic violence programs serve to reduce recidivism and address interpersonal violence. CPOC agrees with you and our opposition is not reflective of the notion that changes are not needed. It is for these reasons that in 2018 CPOC co-sponsored AB 372 (Stone), Chapter 290, Statutes of 2018, which established pilot programs in the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to update domestic violence programs by applying evidence-based approaches to curriculum that reduce recidivism and address criminogenic needs.
"There are many complexities involved in addressing interpersonal violence and it's important that programming curriculum reflect the varying needs and risks presented. This pilot program uses evidence-based curriculum to enhance client engagement and meet the treatment, risk and criminogenic needs of the individual. We believe that these programs represent an important model that meets the myriad of goals pertaining to these programs.
"There are important discussions around provisions in the bill pertaining to how best to strengthen processes on ensuring program accountability and completion. However, we are opposed unless amended to the provisions that would remove county probation from certifying and approving these programs due to the potential negative impacts resulting from separating the local delivery of service from the ability to certify the programs and the potential loss of providers that we may see as a result.
"Probation and counties work closely and earnestly to help providers identify or use local meeting spaces and additional supports that streamlines and coordinates local services and capacity. Transferring certification away from where the services are delivered impedes the county's ability to be locally responsive to the needs and capacity pertaining to these programs.
"We believe there are shared values and programmatic changes that can address the goals underlying this bill, but we see the transferring of program certification as further bifurcating the conversations and efforts around how to ensure these programs are most reflective of evidence-based and risk-based approaches to interpersonal violence and recidivism."
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- The DOJ reports costs of approximately $28.9 million in 2023-24, $34.6 million annually thereafter to design and implement an approval and renewal process for batterer's programs and counseling programs with input from criminal justice agencies and domestic violence victim advocacy programs, and to oversee the approval, renewal, revocation and suspension of such programs (General Fund).
- The JCC reports ongoing annual costs of approximately $1 million for additional staff to create the new training programs in six specified areas of instruction and provide them specified judicial officers during orientation, annual training, and with periodic updates (General Fund).
- Costs in the low to mid hundreds of thousands to the California Department of Public Health (CDPH) for additional staffing to consult with DOJ to develop comprehensive standards through regulations, including, but not limited to, program provider curricula and training to various professions involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes (General Fund).
- Unknown, potentially reimbursable costs to local probation departments as a result of additional reporting requirements imposed by AB 304 (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate as determined by the Commission on State Mandates. The bill may simultaneously result in significant savings to local probation departments as a result of transferring responsibility for the BIP to the DOJ.
VOTES
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
ASSEMBLY FLOOR: 72-0-8
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Chen, Davies, Stephanie Nguyen, Ramos, Rodriguez, Blanca Rubio, Sanchez, Ta
SENATE FLOOR: 34-0-6
YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Alvarado-Gil, Caballero, Grove, Newman, Niello, Seyarto
ASSEMBLY FLOOR: 76-0-4
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Davies, Rodriguez, Sanchez, Ta
UPDATED
VERSION: September 18, 2023
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0002558
California State Auditor. (2022). Batterer Intervention Programs. Report 2021-113, 3-7. ↑
State of California Department of Justice. 2023. Domestic Violence-Related Calls for Assistance Counties: All. Years: 2012 - 2021. Retrieved Jan. 3, 2023, from https://openjustice.doj.ca.gov/exploration/crime-statistics/domestic-violence-related-calls-assistance. ↑
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 304
Author:(Holden)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Requires the Judicial Council to establish judicial training programs on all aspects of domestic violence, and transfers responsibility for approving batterer's intervention programs from probation departments to the Department of Justice (DOJ).
Senate Amendments
- Eliminate DOJ's responsibility to oversee probation departments to ensure compliance with state law.
- Specify that the individuals for whom Judicial Council establishes the judicial training program also include guardians ad litem, custody evaluators, and child custody recommending counselors, if those individuals are employed by the court.
- Provide that the training program shall be an ongoing training and education program designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in family victims, particularly children, and to make appropriate custody decisions that prioritize child safety and well-being and are culturally sensitive and appropriate for diverse communities.
- Require the periodic updates to training programs established by Judicial Council to also include training and education on child sexual abuse, physical abuse, emotional abuse, long- and short-term impacts of domestic violence and child abuse on children.
COMMENTS
As passed by the Assembly, this bill:
- Required the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the council.
- Required the training programs to include a domestic violence session in any orientation session conducted for newly-appointed or elected judges, an annual training session in domestic violence, and periodic updates.
- Required the training programs to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
- Required the court to inform a defendant who is required to attend a batterer's intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
- Clarified that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
- Required the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant's probation violations pertaining to a domestic violence offense.
- Required a court to provide a defendant with a selection of available program providers, including the program providers' standard fees and sliding fee scales, upon the defendant's request.
- Required program providers to post publicly, including on an internet website, a comprehensive description of their sliding fee scale.
- Transferred the responsibility for approving batterer's intervention programs from probation departments to the DOJ.
- Required DOJ, beginning on April 1, 2024, to oversee the probation departments and program providers to ensure compliance with state law.
- Required DOJ to be responsible for all of the following:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of probation departments and program providers;
- Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
- Required Judicial Council, by April 1, 2024, to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
- Defined "program provider" as a provider of a batterer's program, as specified, or if none is available, another appropriate counseling program.
- Provided that program providers do not include alcohol or drug counseling or alcohol and drug programs, as specified.
- Included legislative findings and declarations.
According to the Author
"Despite its efforts over the last three decades, the California Legislature and other state agencies have struggled to implement effective domestic violence diversion tactics. An investigation by the California State Auditor of our batterer intervention programs has revealed a disparity in oversight on the part of probation departments and courts.[1] This, coupled with the insufficient training for those involved in handling domestic violence incidents, has very real implications for domestic violence survivors. This widespread issue affects more people than we realize. Between 2012 and 2021 approximately 1.6 million calls for domestic-violence related assistance were made in California.[2] We already have the infrastructure to help, but are falling short in its oversight and implementation. It is pertinent we revise our batterer intervention system to make it more effective in protecting domestic violence survivors and rehabilitating domestic violence offenders."
Arguments in Support
According to the Little Hoover Commission, "In its 2021 report, Beyond the Crisis: A Long-Term Approach to Reduce, Prevent, and Recover from Intimate Partner Violence, the Commission found that California's batterer intervention programs were "structured in such a way that it's nearly down to chance – except the odds are stacked against participants who are not financially secure – whether the program will work for a participant or leave them indebted in the county lockup." Among other concerns, the Commission found the programs were not always available in the geographic region or language offenders needed, affordable for lower-income Californians, nor formatted in in a manner that addressed the spectrum of genders and sexualities found among Californians.
"The Commission recommended that the state review its requirements for batterer intervention programs to determine if they facilitate rehabilitation; begin a process to determine how to tailor rehabilitative services to an individual's needs; and, ensure that rehabilitation is not contingent on an individual's ability to pay.
"We believe AB 304 would help implement these recommendations; consequently we support this legislation."
Arguments in Opposition
According to Chief Probation Officers of California, "We share your desire to see domestic violence programs serve to reduce recidivism and address interpersonal violence. CPOC agrees with you and our opposition is not reflective of the notion that changes are not needed. It is for these reasons that in 2018 CPOC co-sponsored AB 372 (Stone), Chapter 290, Statutes of 2018, which established pilot programs in the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to update domestic violence programs by applying evidence-based approaches to curriculum that reduce recidivism and address criminogenic needs.
"There are many complexities involved in addressing interpersonal violence and it's important that programming curriculum reflect the varying needs and risks presented. This pilot program uses evidence-based curriculum to enhance client engagement and meet the treatment, risk and criminogenic needs of the individual. We believe that these programs represent an important model that meets the myriad of goals pertaining to these programs.
"There are important discussions around provisions in the bill pertaining to how best to strengthen processes on ensuring program accountability and completion. However, we are opposed unless amended to the provisions that would remove county probation from certifying and approving these programs due to the potential negative impacts resulting from separating the local delivery of service from the ability to certify the programs and the potential loss of providers that we may see as a result.
"Probation and counties work closely and earnestly to help providers identify or use local meeting spaces and additional supports that streamlines and coordinates local services and capacity. Transferring certification away from where the services are delivered impedes the county's ability to be locally responsive to the needs and capacity pertaining to these programs.
"We believe there are shared values and programmatic changes that can address the goals underlying this bill, but we see the transferring of program certification as further bifurcating the conversations and efforts around how to ensure these programs are most reflective of evidence-based and risk-based approaches to interpersonal violence and recidivism."
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- The DOJ reports costs of approximately $28.9 million in 2023-24, $34.6 million annually thereafter to design and implement an approval and renewal process for batterer's programs and counseling programs with input from criminal justice agencies and domestic violence victim advocacy programs, and to oversee the approval, renewal, revocation and suspension of such programs (General Fund).
- The JCC reports ongoing annual costs of approximately $1 million for additional staff to create the new training programs in six specified areas of instruction and provide them specified judicial officers during orientation, annual training, and with periodic updates (General Fund).
- Costs in the low to mid hundreds of thousands to the California Department of Public Health (CDPH) for additional staffing to consult with DOJ to develop comprehensive standards through regulations, including, but not limited to, program provider curricula and training to various professions involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes (General Fund).
- Unknown, potentially reimbursable costs to local probation departments as a result of additional reporting requirements imposed by AB 304 (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate as determined by the Commission on State Mandates. The bill may simultaneously result in significant savings to local probation departments as a result of transferring responsibility for the BIP to the DOJ.
VOTES:
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
ASSEMBLY FLOOR: 72-0-8
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Chen, Davies, Stephanie Nguyen, Ramos, Rodriguez, Blanca Rubio, Sanchez, Ta
UPDATED
VERSION: September 8, 2023
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0002316
California State Auditor. (2022). Batterer Intervention Programs. Report 2021-113, 3-7. ↑
State of California Department of Justice. 2023. Domestic Violence-Related Calls for Assistance Counties: All. Years: 2012 - 2021. Retrieved Jan. 3, 2023, from https://openjustice.doj.ca.gov/exploration/crime-statistics/domestic-violence-related-calls-assistance. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 304 |
THIRD READING
Bill No: AB 304
Author: Holden (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 7/11/23
AYES: Bradford, Ochoa Bogh, Skinner, Wiener
NO VOTE RECORDED: Wahab
SENATE APPROPRIATIONS COMMITTEE: 6-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Seyarto
ASSEMBLY FLOOR: 72-0, 5/31/23 - See last page for vote
SUBJECT: Domestic violence: probation
SOURCE: Author
DIGEST:
This bill transfers responsibility for approving batterer’s intervention programs from county probation departments to the Department of Justice (DOJ); requires DOJ to oversee the batterer’s intervention programs; and requires the Judicial Council to makes changes to judicial training programs on domestic violence.
Senate Floor Amendments of 9/8/23 incorporate amendments from SB 331 (Rubio) to include judicial training programs for individuals who perform duties in child custody matters and include additional training components such as child sexual abuse, physical abuse, and emotional abuse.
ANALYSIS:
Existing law:
- Requires a person granted probation for domestic violence to serve a minimum period of probation of 36 months, which may include a period of summary probation as appropriate. (Pen. Code, § 1203.097 subd. (a)(1).)
- Requires the term of probation for domestic violence to include a criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. (Pen. Code, § 1203.097, subd. (a)(2).)
- Requires the term of probation for domestic violence to include notice to the victim of the disposition of the case. (Pen. Code, § 1203.097, subd. (a)(3).)
- Requires the term of probation for domestic violence to include booking the defendant within one week of sentencing if the defendant has not already been booked. (Pen. Code, § 1203.097, subd. (a)(4).)
- Requires a person granted probation for domestic violence to successfully complete a batterer’s program, as specified, or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. (Pen. Code, § 1203.097, subd. (a)(6).)
- Requires a person granted probation for domestic violence to attend consecutive weekly sessions of a batterer’s program, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program. (Pen. Code, § 1203.097, subd. (a)(6).)
- Requires completion of the batterer’s program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months. (Pen. Code, § 1203.097, subd. (a)(6).)
- Requires the court to order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. (Pen. Code, § 1203.097, subd. (a)(7).)
- Requires the batterer’s program, if it finds that the defendant is unsuitable, to immediately contact the probation department or the court. Requires the probation department or the court, if notified that the batterer’s program has found that the defendant is unsuitable, to either recalendar the case for hearing or refer the defendant to an appropriate alternative batterer’s program. (Pen. Code, § 1203.097, subd. (a)(9).)
- Requires a court, upon recommendation of the batterer’s program, to order defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. (Pen. Code, §1203.097, subd. (a)(10)(A).)
- Requires the batterer’s program to immediately report a violation of the terms of the protective order, including any new acts, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation is ordered, to the probation department. (Pen. Code, 1203.097, subd. (a)(10)(B).)
- Requires when a person is granted formal probation for domestic violence, all of the following in addition to the terms specified above:
- Requires the probation department to make an investigation and take into consideration the defendant’s age, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterer’s program would be appropriate for the defendant.
- Requires the court to advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendant’s mistake or excusable neglect.
(Pen. Code, § 1203.097, subd. (b).)
- Requires the court or the probation department to refer defendants only to batterer’s programs that follow specified standards, which may include, but are not limited to, lectures, classes, group discussions, and counseling. Requires the probation department to design and implement an approval and renewal process for batterer’s programs and to solicit input from criminal justice agencies and domestic violence victim advocacy programs. (Pen. Code, § 1203.097, subd. (c).)
- Requires the court to only refer persons to batterer’s programs that have been approved by the probation department. (Pen. Code, § 1203.097, subd. (c)(2).)
- Requires the probation department to have the sole authority to approve a batterer’s program for probation. Requires approval to be renewed annually. (Pen. Code, § 1203.097, subd. (c)(5).)
- Requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council. Requires the training programs to include a domestic violence session in any orientation session conducted for newly appointed or elected judges and an annual training session in domestic violence. Requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence and that domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse. (Gov. Code, § 68555.)
This bill:
- Requires the judicial training programs for individuals who perform duties in domestic violence matters to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
- Requires the court to inform a defendant who is required to attend a batterer’s intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
- Provides that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
- Requires the investigation that probation must make to take into consideration the defendant’s sexual orientation, gender identity, financial means, language-access needs, and cultural identity.
- Requires the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant’s probation violations pertaining to a domestic violence offense.
- Requires the court to provide a defendant with a selection of available program providers, including the program providers’ standard fees and sliding fee scales, upon the defendant’s request.
- Requires program providers to post publicly, including on a website, a comprehensive description of their sliding fee scale.
- Transfers the responsibility for approving batterer’s intervention programs from probation departments to the DOJ.
- Requires DOJ, beginning on April 1, 2024, to be responsible for all of the following to ensure compliance with state law:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of program providers;
- Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
- Requires Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations by April 1, 2024.
- Defines “program provider” as a provider of a batterer’s program, as specified, or if none is available, another appropriate counseling program.
- Provides that program providers do not include alcohol or drug counseling or alcohol and drug programs, as specified.
- Makes other technical and conforming changes.
- Includes uncodified legislative findings and declarations.
Background
State Auditor’s Report
In October 2022, the California State Auditor published its report on the state’s batterer interventions programs. The Auditor examined the administration and oversight of a sample of the state’s batterer intervention programs in five counties—Alameda, Contra Costa, Del Norte, Los Angeles, and San Joaquin. The Auditor found that individuals convicted of domestic violence and who completed the required batterer’s intervention program were “far less likely to reoffend” than those who did not complete the program. However, nearly half of the offenders reviewed did not complete the full program, and the majority of those individuals subsequently reoffended. (State Auditor, Batterer Intervention Programs: State Guidance and Oversight Are Needed to Effectively Reduce Domestic Violence, Report 2021-113, p. 1 <https://www.auditor.ca.gov/pdfs/reports/2021-113.pdf .)
The State Auditor found “probation departments did not consistently assess all offenders for underlying issues, such as mental health or substance abuse concerns, that might interfere with an offender’s ability to complete a program.” (Id. at p. 2.) Additionally, probation departments, program providers, and courts generally did not hold many of the offenders accountable for probation and program violations. (Ibid.) Finally, “even when notified about offenders’ violations, the courts, in some instances, referred the offenders back to a program without imposing additional consequences.” (Ibid.) The report opined that “decisions not to impose escalating penalties on offenders who violate their probation likely weakens the impact of programs.” (Ibid.)
The State Auditor found that many of the deficiencies identified with the administration and oversight of the batterer intervention system were due in part to the fact that “none of the five probation departments had established sufficient standards, policies, and procedures for overseeing program providers and ensuring program compliance.” (Ibid.) Lack of adequate oversight led some program providers to fail to supervise offenders appropriately or to report required information to the courts and probation departments. (Ibid.) In addition, the probation departments often failed to conduct required annual on-site visits of programs leading to program providers’ noncompliance going unnoticed which resulted in the approval or renewal of providers not in full compliance with state law. (Ibid.)
The State Auditor concluded that the efficacy of batterer’s intervention programs would benefit from transferring oversight authority from county probation departments and courts to the state:
[A] statewide oversight agency in California could provide comprehensive guidance to program providers, rather than the inconsistent and inadequate guidance providers currently receive from county probation departments. The oversight agency could also standardize program curriculum and instructor qualification requirements; track and analyze offender and program data; and collaborate with relevant stakeholders to recommend quality improvements to ensure that programs achieve the desired outcomes. Finally, the oversight agency could work with the Judicial Council of California (Judicial Council) to ensure that the courts and judges have sufficient guidance on holding offenders accountable when they violate the conditions of their probation. Without this additional oversight, it will be difficult for policymakers to make informed decisions about how to improve California’s approach to reducing domestic violence.(Id. at p. 3.)
Based on its findings, the Auditor recommended that the Legislature designate the DOJ to be responsible for oversight of the state’s batterer intervention system with the following duties:
- Approving, monitoring, and renewing all program providers.
- Conducting periodic audits of probation departments and program providers.
- Establishing statewide comprehensive standards through regulations, including but not limited to, facilitators’ educational requirements and a 52-week curriculum.
- Identifying or developing a comprehensive offender assessment tool.
- 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.
- Tracking relevant offender and program data to analyze program effectiveness. (Id. at p. 6.)
This bill adopts several of the above recommendations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- The DOJ reports costs of approximately $28.9 million in 2023-24, $34.6 million annually thereafter to design and implement an approval and renewal process for batterer’s programs and counseling programs with input from criminal justice agencies and domestic violence victim advocacy programs, and to oversee the approval, renewal, revocation and suspension of such programs (General Fund).
- The Judicial Council reports ongoing annual costs of approximately $1 million for additional staff to create the new training programs in six specified areas of instruction and provide them specified judicial officers during orientation, annual training, and with periodic updates (General Fund).
- Costs in the low to mid hundreds of thousands to the California Department of Public Health (CDPH) for additional staffing to consult with DOJ to develop comprehensive standards through regulations, including, but not limited to, program provider curricula and training to various professions involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes (General Fund).
- Unknown, potentially reimbursable costs to local probation departments as a result of additional reporting requirements imposed by AB 304 (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate as determined by the Commission on State Mandates. Theis bill may simultaneously result in significant savings to local probation departments as a result of transferring responsibility for the BIP to the DOJ.
SUPPORT: (Verified 9/8/23)
California Attorneys for Criminal Justice
California Public Defenders Association
Little Hoover Commission
Los Angeles County District Attorney’s Office
OPPOSITION: (Verified 9/8/23)
Association of Orange County Deputy Sheriffs
California Fraternal Order of Police
Chief Probation Officers’ of California
Judicial Council of California
Sacramento County Probation Association
San Diego County Probation Officers Association
San Joaquin County Probation Officers Association
State Coalition of Probation Organizations
ASSEMBLY FLOOR: 72-0, 5/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Chen, Davies, Stephanie Nguyen, Ramos, Rodriguez, Blanca Rubio, Sanchez, Ta
Prepared by: Stephanie Jordan / PUB. S. /
9/11/23 12:54:19
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 304 |
THIRD READING
Bill No: AB 304
Author: Holden (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 7/11/23
AYES: Bradford, Ochoa Bogh, Skinner, Wiener
NO VOTE RECORDED: Wahab
SENATE APPROPRIATIONS COMMITTEE: 6-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Seyarto
ASSEMBLY FLOOR: 72-0, 5/31/23 - See last page for vote
SUBJECT: Domestic violence: probation
SOURCE: Author
DIGEST:
This bill transfers responsibility for approving batterer’s intervention programs from county probation departments to the Department of Justice (DOJ); requires DOJ to oversee the batterer’s intervention programs; and requires the Judicial Council to makes changes to judicial training programs on domestic violence.
ANALYSIS:
Existing law:
- Requires a person granted probation for domestic violence to serve a minimum period of probation of 36 months, which may include a period of summary probation as appropriate. (Pen. Code, § 1203.097 subd. (a)(1).)
- Requires the term of probation for domestic violence to include a criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. (Pen. Code, § 1203.097, subd. (a)(2).)
- Requires the term of probation for domestic violence to include notice to the victim of the disposition of the case. (Pen. Code, § 1203.097, subd. (a)(3).)
- Requires the term of probation for domestic violence to include booking the defendant within one week of sentencing if the defendant has not already been booked. (Pen. Code, § 1203.097, subd. (a)(4).)
- Requires a person granted probation for domestic violence to successfully complete a batterer’s program, as specified, or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. (Pen. Code, § 1203.097, subd. (a)(6).)
- Requires a person granted probation for domestic violence to attend consecutive weekly sessions of a batterer’s program, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program. (Pen. Code, § 1203.097, subd. (a)(6).)
- Requires completion of the batterer’s program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months. (Pen. Code, § 1203.097, subd. (a)(6).)
- Requires the court to order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. (Pen. Code, § 1203.097, subd. (a)(7).)
- Requires the batterer’s program, if it finds that the defendant is unsuitable, to immediately contact the probation department or the court. Requires the probation department or the court, if notified that the batterer’s program has found that the defendant is unsuitable, to either recalendar the case for hearing or refer the defendant to an appropriate alternative batterer’s program. (Pen. Code, § 1203.097, subd. (a)(9).)
- Requires a court, upon recommendation of the batterer’s program, to order defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. (Pen. Code, §1203.097, subd. (a)(10)(A).)
- Requires the batterer’s program to immediately report a violation of the terms of the protective order, including any new acts, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation is ordered, to the probation department. (Pen. Code, 1203.097, subd. (a)(10)(B).)
- Requires when a person is granted formal probation for domestic violence, all of the following in addition to the terms specified above:
- Requires the probation department to make an investigation and take into consideration the defendant’s age, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterer’s program would be appropriate for the defendant.
- Requires the court to advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendant’s mistake or excusable neglect.
(Pen. Code, § 1203.097, subd. (b).)
- Requires the court or the probation department to refer defendants only to batterer’s programs that follow specified standards, which may include, but are not limited to, lectures, classes, group discussions, and counseling. Requires the probation department to design and implement an approval and renewal process for batterer’s programs and to solicit input from criminal justice agencies and domestic violence victim advocacy programs. (Pen. Code, § 1203.097, subd. (c).)
- Requires the court to only refer persons to batterer’s programs that have been approved by the probation department. (Pen. Code, § 1203.097, subd. (c)(2).)
- Requires the probation department to have the sole authority to approve a batterer’s program for probation. Requires approval to be renewed annually. (Pen. Code, § 1203.097, subd. (c)(5).)
- Requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council. Requires the training programs to include a domestic violence session in any orientation session conducted for newly appointed or elected judges and an annual training session in domestic violence. Requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence and that domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse. (Gov. Code, § 68555.)
This bill:
- Requires the judicial training programs for individuals who perform duties in domestic violence matters to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
- Requires the court to inform a defendant who is required to attend a batterer’s intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
- Provides that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
- Requires the investigation that probation must make to take into consideration the defendant’s sexual orientation, gender identity, financial means, language-access needs, cultural identity.
- Requires the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant’s probation violations pertaining to a domestic violence offense.
- Requires the court to provide a defendant with a selection of available program providers, including the program providers’ standard fees and sliding fee scales, upon the defendant’s request.
- Requires program providers to post publicly, including on a website, a comprehensive description of their sliding fee scale.
- Transfers the responsibility for approving batterer’s intervention programs from probation departments to the DOJ.
- Requires DOJ, beginning on April 1, 2024, to be responsible for all of the following to ensure compliance with state law:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of program providers;
- Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
- Requires Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations by April 1, 2024.
- Defines “program provider” as a provider of a batterer’s program, as specified, or if none is available, another appropriate counseling program.
- Provides that program providers do not include alcohol or drug counseling or alcohol and drug programs, as specified.
- Makes other technical and conforming changes.
- Includes uncodified legislative findings and declarations.
Background
State Auditor’s Report
In October 2022, the California State Auditor published its report on the state’s batterer interventions programs. The Auditor examined the administration and oversight of a sample of the state’s batterer intervention programs in five counties—Alameda, Contra Costa, Del Norte, Los Angeles, and San Joaquin. The Auditor found that individuals convicted of domestic violence and who completed the required batterer’s intervention program were “far less likely to reoffend” than those who did not complete the program. However, nearly half of the offenders reviewed did not complete the full program, and the majority of those individuals subsequently reoffended. (State Auditor, Batterer Intervention Programs: State Guidance and Oversight Are Needed to Effectively Reduce Domestic Violence, Report 2021-113, p. 1 <https://www.auditor.ca.gov/pdfs/reports/2021-113.pdf .)
The State Auditor found “probation departments did not consistently assess all offenders for underlying issues, such as mental health or substance abuse concerns, that might interfere with an offender’s ability to complete a program.” (Id. at p. 2.) Additionally, probation departments, program providers, and courts generally did not hold many of the offenders accountable for probation and program violations. (Ibid.) Finally, “even when notified about offenders’ violations, the courts, in some instances, referred the offenders back to a program without imposing additional consequences.” (Ibid.) The report opined that “decisions not to impose escalating penalties on offenders who violate their probation likely weakens the impact of programs.” (Ibid.)
The State Auditor found that many of the deficiencies identified with the administration and oversight of the batterer intervention system were due in part to the fact that “none of the five probation departments had established sufficient standards, policies, and procedures for overseeing program providers and ensuring program compliance.” (Ibid.) Lack of adequate oversight led some program providers to fail to supervise offenders appropriately or to report required information to the courts and probation departments. (Ibid.) In addition, the probation departments often failed to conduct required annual on-site visits of programs leading to program providers’ noncompliance going unnoticed which resulted in the approval or renewal of providers not in full compliance with state law. (Ibid.)
The State Auditor concluded that the efficacy of batterer’s intervention programs would benefit from transferring oversight authority from county probation departments and courts to the state:
[A] statewide oversight agency in California could provide comprehensive guidance to program providers, rather than the inconsistent and inadequate guidance providers currently receive from county probation departments. The oversight agency could also standardize program curriculum and instructor qualification requirements; track and analyze offender and program data; and collaborate with relevant stakeholders to recommend quality improvements to ensure that programs achieve the desired outcomes. Finally, the oversight agency could work with the Judicial Council of California (Judicial Council) to ensure that the courts and judges have sufficient guidance on holding offenders accountable when they violate the conditions of their probation. Without this additional oversight, it will be difficult for policymakers to make informed decisions about how to improve California’s approach to reducing domestic violence.(Id. at p. 3.)
Based on its findings, the Auditor recommended that the Legislature designate the Department of Justice to be responsible for oversight of the state’s batterer intervention system with the following duties:
- Approving, monitoring, and renewing all program providers.
- Conducting periodic audits of probation departments and program providers.
- Establishing statewide comprehensive standards through regulations, including but not limited to, facilitators’ educational requirements and a 52-week curriculum.
- Identifying or developing a comprehensive offender assessment tool.
- 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.
- Tracking relevant offender and program data to analyze program effectiveness. (Id. at p. 6.)
This bill adopts several of the above recommendations.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- The DOJ reports costs of approximately $28.9 million in 2023-24, $34.6 million annually thereafter to design and implement an approval and renewal process for batterer’s programs and counseling programs with input from criminal justice agencies and domestic violence victim advocacy programs, and to oversee the approval, renewal, revocation and suspension of such programs (General Fund).
- The JCC reports ongoing annual costs of approximately $1 million for additional staff to create the new training programs in six specified areas of instruction and provide them specified judicial officers during orientation, annual training, and with periodic updates (General Fund).
- Costs in the low to mid hundreds of thousands to the California Department of Public Health (CDPH) for additional staffing to consult with DOJ to develop comprehensive standards through regulations, including, but not limited to, program provider curricula and training to various professions involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes (General Fund).
- Unknown, potentially reimbursable costs to local probation departments as a result of additional reporting requirements imposed by AB 304 (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate as determined by the Commission on State Mandates. The bill may simultaneously result in significant savings to local probation departments as a result of transferring responsibility for the BIP to the DOJ.
SUPPORT: (Verified 9/1/23)
California Attorneys for Criminal Justice
California Public Defenders Association
Little Hoover Commission
Los Angeles County District Attorney’s Office
OPPOSITION: (Verified 9/1/23)
Association of Orange County Deputy Sheriffs
California Fraternal Order of Police
Chief Probation Officers’ of California
Judicial Council of California
Sacramento County Probation Association
San Diego County Probation Officers Association
San Joaquin County Probation Officers Association
State Coalition of Probation Organizations
ASSEMBLY FLOOR: 72-0, 5/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Megan Dahle, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Reyes, Luz Rivas, Robert Rivas, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Chen, Davies, Stephanie Nguyen, Ramos, Rodriguez, Blanca Rubio, Sanchez, Ta
Prepared by: Stephanie Jordan / PUB. S. /
9/5/23 10:01:17
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 304 (Holden) - Domestic violence: probation
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 304 would transfer responsibility for approval and oversight of batterer’s intervention programs (BIP) from county probation departments to the Department of Justice (DOJ), and require the Judicial Council (JCC) to makes changes to judicial training programs on domestic violence.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
- The DOJ reports costs of approximately $28.9 million in 2023-24, $34.6 million annually thereafter to design and implement an approval and renewal process for batterer’s programs and counseling programs with input from criminal justice agencies and domestic violence victim advocacy programs, and to oversee the approval, renewal, revocation and suspension of such programs (General Fund).
- The JCC reports ongoing annual costs of approximately $1 million for additional staff to create the new training programs in six specified areas of instruction and provide them specified judicial officers during orientation, annual training, and with periodic updates (General Fund).
- Costs in the low to mid hundreds of thousands to the California Department of Public Health (CDPH) for additional staffing to consult with DOJ to develop comprehensive standards through regulations, including, but not limited to, program provider curricula and training to various professions involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes (General Fund).
- Unknown, potentially reimbursable costs to local probation departments as a result of additional reporting requirements imposed by AB 304 (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate as determined by the Commission on State Mandates. The bill may simultaneously result in significant savings to local probation departments as a result of transferring responsibility for the BIP to the DOJ.
Author Amendments:
Eliminate DOJ oversight over county probation departments.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 304 (Holden) - Domestic violence: probation
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 304 would transfer responsibility for approval and oversight of batterer’s intervention programs (BIP) from county probation departments to the Department of Justice (DOJ), and require the Judicial Council (JCC) to makes changes to judicial training programs on domestic violence.
Fiscal Impact:
- The DOJ reports costs of approximately $28.9 million in 2023-24, $34.6 million annually thereafter to design and implement an approval and renewal process for batterer’s programs and counseling programs with input from criminal justice agencies and domestic violence victim advocacy programs, and to oversee the approval, renewal, revocation and suspension of such programs (General Fund). See Staff Comments for additional detail.
- The JCC reports ongoing annual costs of approximately $1 million for additional staff to create the new training programs in six specified areas of instruction and provide them specified judicial officers during orientation, annual training, and with periodic updates (General Fund).
- Costs in the low to mid hundreds of thousands to the California Department of Public Health (CDPH) for additional staffing to consult with DOJ to develop comprehensive standards through regulations, including, but not limited to, program provider curricula and training to various professions involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes (General Fund).
- Unknown, potentially reimbursable costs to local probation departments as a result of additional reporting requirements imposed by AB 304 (local funds, General Fund). General Fund costs will depend on whether this bill imposes a reimbursable state mandate as determined by the Commission on State Mandates. The bill may simultaneously result in significant savings to local probation departments as a result of transferring responsibility for the BIP to the DOJ.
Background:
The network of government programs that attempt to prevent people convicted of domestic violence offenses from recidivating is known as the batterer’s intervention system. The system is comprised of (a) courts, which sentence offenders and oversee informal probation; (b) county probation departments, which oversee formal probation and certify program providers; and (c) program providers, which administer certified batterer’s intervention programs. If a court places a defendant on probation for a domestic violence crime, existing law requires the defendant to complete a batterer’s intervention program that lasts at least one year, commonly referred to as a 52-week program. These are structured rehabilitative programs that typically include education, group discussion, and accountability strategies to address the defendant’s use of violence in a relationship. The goal of a batterer’s intervention system is to reduce the likelihood of further relationship violence by the defendant.
In 2022, the State Auditor released the results of its audit of batterer’s intervention systems in five counties across the state. The State Auditor concluded that the batterer’s intervention systems it reviewed had limited impact in reducing domestic violence. Specifically, the report concluded that inadequate offender supervision undermined the effectiveness of batterers’ programs in addressing domestic violence, probation departments did not fully perform their oversight responsibilities over batterers’ programs, and state oversight was needed to improve the current system.
Proposed Law:
- Transfers the responsibility for approving batterer’s intervention programs from probation departments to the DOJ.
- Requires DOJ, beginning on April 1, 2024, to oversee the probation departments and program providers to ensure compliance with state law.
- Requires DOJ to be responsible for all of the following:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of probation departments and program providers;
- Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
- Requires Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations by April 1, 2024.
- Requires the judicial training programs for individuals who perform duties in domestic violence matters to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
- Requires the court to inform a defendant who is required to attend a batterer’s intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
- Provides that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
- Requires the investigation that probation must make to take into consideration the defendant’s sexual orientation, gender identity, financial means, language-access needs, cultural identity.
- Requires the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant’s probation violations pertaining to a domestic violence offense.
- Requires the court to provide a defendant with a selection of available program providers, including the program providers’ standard fees and sliding fee scales, upon the defendant’s request.
- Requires program providers to post publicly, including on a website, a comprehensive description of their sliding fee scale.
Related Legislation:
SB 616 (S. Rubio), of the 2021-2022 Legislative Session, would have expanded domestic violence educational requirements for judges, referees, commissioners, mediators, child custody recommending counselors, and evaluators involved in domestic violence proceedings. SB 616 was held on the Senate inactive file.
Staff Comments:
This bill would be significant change in how the BIP is administered in California by placing responsibility for the program with the DOJ, rather than local probation departments. If implemented, AB 304 would require the DOJ to oversee local probation departments and program providers and be responsible for various aspects of oversight, including collaboration with the Judicial Council and relevant stakeholders to set program provider standards, approve, monitor, and renew approvals of program providers, conduct periodic audits of probation departments and program providers, and develop, in consultation with the Injury and Violence Prevention Branch of CDPH, comprehensive statewide standards through regulations. To implement AB 304, the DOJ anticipates needing 133.0 permanent positions of varying classifications, but including 71.0 positions at the classification of Deputy Attorney General I or higher. The new positions would placed within the Criminal Law Division, the Office of General Counsel, and the Victim Services Unit.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 304 Hearing Date: July 11, 2023
Author: | Holden | ||
Version: | May 18, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Domestic violence: probation
HISTORY
Source: Author
Prior Legislation: SB 616 (Rubio), died on the Senate Inactive File in 2022
AB 372 (Stone), Ch. 290, Stats. 2018
AB 1886 (Lowenthal), Ch. 544, Stats. 2000
SB 218 (Solis), Chapter 662, Stats. 1999
AB 93X (Burton), Ch. 28, Stats. 1994
Support: California Attorneys for Criminal Justice; California Public Defenders Association; Little Hoover Commission; Los Angeles County District Attorney’s Office
Opposition: Association of Orange County Deputy Sheriffs; California Fraternal Order of Police; Sacramento County Probation Association; San Diego County Probation Officers Association; San Joaquin County Probation Officers Association; State Coalition of Probation Organizations; Chief Probation Officers’ of California (unless amended); Judicial Council of California (unless amended)
Assembly Floor Vote: 72 - 0
PURPOSE
The purpose of this bill is to transfer responsibility for approving batterer’s intervention programs from county probation departments to the Department of Justice (DOJ); require DOJ to oversee the batterer’s intervention programs; and require the Judicial Council to makes changes to judicial training programs on domestic violence.
Existing law requires a person granted probation for domestic violence to serve a minimum period of probation of 36 months, which may include a period of summary probation as appropriate. (Pen. Code, § 1203.097 subd. (a)(1).)
Existing law requires the term of probation for domestic violence to include a criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. (Pen. Code, § 1203.097, subd. (a)(2).)
Existing law requires the term of probation for domestic violence to include notice to the victim of the disposition of the case. (Pen. Code, § 1203.097, subd. (a)(3).)
Existing law requires the term of probation for domestic violence to include booking the defendant within one week of sentencing if the defendant has not already been booked. (Pen. Code, § 1203.097, subd. (a)(4).)
Existing law requires a person granted probation for domestic violence to successfully complete a batterer’s program, as specified, or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. (Pen. Code, § 1203.097, subd. (a)(6).)
Existing law requires a person granted probation for domestic violence to attend consecutive weekly sessions of a batterer’s program, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program. (Pen. Code, § 1203.097, subd. (a)(6).)
Existing law requires completion of the batterer’s program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months. (Pen. Code, § 1203.097, subd. (a)(6).)
Existing law requires the court to order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay. (Pen. Code, § 1203.097, subd. (a)(7).)
Existing law requires the batterer’s program, if it finds that the defendant is unsuitable, to immediately contact the probation department or the court. Requires the probation department or the court, if notified that the batterer’s program has found that the defendant is unsuitable, to either recalendar the case for hearing or refer the defendant to an appropriate alternative batterer’s program. (Pen. Code, § 1203.097, subd. (a)(9).)
Existing law requires a court, upon recommendation of the batterer’s program, to order defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. (Pen. Code, §1203.097, subd. (a)(10)(A).)
Existing law requires the batterer’s program to immediately report a violation of the terms of the protective order, including any new acts, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation is ordered, to the probation department. (Pen. Code, 1203.097, subd. (a)(10)(B).)
Existing law requires when a person is granted formal probation for domestic violence, all of the following in addition to the terms specified above:
- Requires the probation department to make an investigation and take into consideration the defendant’s age, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterer’s program would be appropriate for the defendant.
- Requires the court to advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendant’s mistake or excusable neglect.
(Pen. Code, § 1203.097, subd. (b).)
Existing law requires the court or the probation department to refer defendants only to batterer’s programs that follow specified standards, which may include, but are not limited to, lectures, classes, group discussions, and counseling. Requires the probation department to design and implement an approval and renewal process for batterer’s programs and to solicit input from criminal justice agencies and domestic violence victim advocacy programs. (Pen. Code, § 1203.097, subd. (c).)
Existing law requires the court to only refer persons to batterer’s programs that have been approved by the probation department. (Pen. Code, § 1203.097, subd. (c)(2).)
Existing law requires the probation department to have the sole authority to approve a batterer’s program for probation. Requires approval to be renewed annually. (Pen. Code, § 1203.097, subd. (c)(5).)
Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council. Requires the training programs to include a domestic violence session in any orientation session conducted for newly appointed or elected judges and an annual training session in domestic violence. Requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence and that domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse. (Gov. Code, § 68555.)
This bill requires the judicial training programs for individuals who perform duties in domestic violence matters to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
This bill requires the court to inform a defendant who is required to attend a batterer’s intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
This bill provides that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
This bill requires the investigation that probation must make to take into consideration the defendant’s sexual orientation, gender identity, financial means, language-access needs, cultural identity.
This bill requires the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant’s probation violations pertaining to a domestic violence offense.
This bill requires the court to provide a defendant with a selection of available program providers, including the program providers’ standard fees and sliding fee scales, upon the defendant’s request.
This bill requires program providers to post publicly, including on a website, a comprehensive description of their sliding fee scale.
This bill transfers the responsibility for approving batterer’s intervention programs from probation departments to the DOJ.
This bill requires DOJ, beginning on April 1, 2024, to oversee the probation departments and program providers to ensure compliance with state law.
This bill requires DOJ to be responsible for all of the following:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of probation departments and program providers;
- Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
This bill requires Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations by April 1, 2024.
This bill defines “program provider” as a provider of a batterer’s program, as specified, or if none is available, another appropriate counseling program.
This bill provides that program providers do not include alcohol or drug counseling or alcohol and drug programs, as specified.
This bill makes other technical and conforming changes.
This bill includes uncodified legislative findings and declarations.
COMMENTS
- Need For This Bill
According to the author:
Despite its efforts over the last three decades, the California Legislature and other state agencies have struggled to implement effective domestic violence diversion tactics. An investigation by the California State Auditor of our batterer intervention programs has revealed a disparity in oversight on the part of probation departments and courts. This, coupled with the insufficient training for those involved in handling domestic violence incidents, has very real implications for domestic violence survivors. This widespread issue affects more people than we realize. Between 2012 and 2021 approximately 1.6 million calls for domestic-violence related assistance were made in California. We already have the infrastructure to help, but are falling short in its oversight and implementation. It is pertinent we revise our batterer intervention system to make it more effective in protecting domestic violence survivors and rehabilitating domestic violence offenders.
- State Auditor’s Report
In October 2022, the California State Auditor published its report on the state’s batterer interventions programs. The Auditor examined the administration and oversight of a sample of the state’s batterer intervention programs in five counties—Alameda, Contra Costa, Del Norte, Los Angeles, and San Joaquin. The Auditor found that individuals convicted of domestic violence and who completed the required batterer’s intervention program were “far less likely to reoffend” than those who did not complete the program. However, nearly half of the offenders reviewed did not complete the full program, and the majority of those individuals subsequently reoffended. (State Auditor, Batterer Intervention Programs: State Guidance and Oversight Are Needed to Effectively Reduce Domestic Violence, Report 2021-113, p. 1 <https://www.auditor.ca.gov/pdfs/reports/2021-113.pdf>.)
The State Auditor found “probation departments did not consistently assess all offenders for underlying issues, such as mental health or substance abuse concerns, that might interfere with an offender’s ability to complete a program.” (Id. at p. 2.) Additionally, probation departments, program providers, and courts generally did not hold many of the offenders accountable for probation and program violations. (Ibid.) Finally, “even when notified about offenders’ violations, the courts, in some instances, referred the offenders back to a program without imposing additional consequences.” (Ibid.) The report opined that “decisions not to impose escalating penalties on offenders who violate their probation likely weakens the impact of programs.” (Ibid.)
The State Auditor found that many of the deficiencies identified with the administration and oversight of the batterer intervention system were due in part to the fact that “none of the five probation departments had established sufficient standards, policies, and procedures for overseeing program providers and ensuring program compliance.” (Ibid.) Lack of adequate oversight led some program providers to fail to supervise offenders appropriately or to report required information to the courts and probation departments. (Ibid.) In addition, the probation departments often failed to conduct required annual on-site visits of programs leading to program providers’ noncompliance going unnoticed which resulted in the approval or renewal of providers not in full compliance with state law. (Ibid.)
The State Auditor concluded that the efficacy of batterer’s intervention programs would benefit from transferring oversight authority from county probation departments and courts to the state:
[A] statewide oversight agency in California could provide comprehensive guidance to program providers, rather than the inconsistent and inadequate guidance providers currently receive from county probation departments. The oversight agency could also standardize program curriculum and instructor qualification requirements; track and analyze offender and program data; and collaborate with relevant stakeholders to recommend quality improvements to ensure that programs achieve the desired outcomes. Finally, the oversight agency could work with the Judicial Council of California (Judicial Council) to ensure that the courts and judges have sufficient guidance on holding offenders accountable when they violate the conditions of their probation. Without this additional oversight, it will be difficult for policymakers to make informed decisions about how to improve California’s approach to reducing domestic violence.
(Id. at p. 3.)
Based on its findings, the Auditor recommended that the Legislature designate the Department of Justice to be responsible for oversight of the state’s batterer intervention system with the following duties:
- Approving, monitoring, and renewing all program providers.
- Conducting periodic audits of probation departments and program providers.
- Establishing statewide comprehensive standards through regulations, including but not limited to, facilitators’ educational requirements and a 52-week curriculum.
- Identifying or developing a comprehensive offender assessment tool.
- 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.
- Tracking relevant offender and program data to analyze program effectiveness.
(Id. at p. 6.)
This bill adopts most of the above recommendations.
- AB 372 Pilot Program
AB 372 (Stone) authorized the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to offer an alternative program for individuals convicted of domestic violence that does not comply with the requirement of the batterer’s program under Penal Code section 1203.097. AB 372 was introduced to permit counties to offer batterer intervention programs that were more tailored to an individual offender’ needs and to update the curriculum of those programs to incorporate evidence-based practices.
Penal Code section 1203.099 requires participating counties to collect specified information regarding program participants, including “the offender’s outcome at the time of program completion, and six months after completion, including subsequent restraining order violations, arrests and convictions, and feedback provided by the victim if the victim desires to participate.” (Pen. Code, § 1203.099, subd. (a)(7)(E).) Preliminary data on the alternative programs being offered by participating counties is promising. However, the most recent report on the pilot program notes that a “more nuanced” approach to examining local recidivism data is necessary to determining the success of the alternative programs in reducing domestic violence. (California State Association of Counties, AB 372 Legislative Report: Year 3, p. 16 <https://www.counties.org/sites/main/files/file-attachments/ab372_year_3_legislative_report.pdf>.) This conclusion was reached in part due to the fact that Penal Code section 1203.099 does not require new arrests or convictions to be related to domestic violence. The Year Three report found that for individuals who entered the program in fiscal year 2021, the second year of its existence, “nearly half (45%) had shown a positive completion of the program.” (Id. at p. 14.) Positive completion is defined as completing the program, and for some counties, paying all program fees.
Authorization for the pilot program is set to expire July 1, 2023. AB 479 (Rubio) would extend the sunset date for the pilot program to July 1, 2026. The extension of the pilot program will allow the participating counties to continue to gather and report data that may inform future conversations regarding program standards and curricula. The bill is currently awaiting Governor Newsom’s signature.
- Comment
Although it has not taken a formal position supporting or opposing this bill, the California Partnership to End Domestic Violence submitted a joint letter with the Alliance for Boys and Men of Color letter voicing a number of concerns. The organizations write:
[T]here are components to the current bill language that spark concern and we’ve compiled some feedback that we believe will minimize unintended consequences…:
Oversight Entity: While we agree that probation is not fit to oversee and manage batterer intervention programs, we do not think that the Department of Justice (DOJ) is the right place for these responsibilities to be located. … Instead, we recommend that oversight of BIPs be moved to a government agency that has expertise in behavioral health and public health approaches to addressing violence.
…
Inclusion of Relevant Stakeholders and Continuous Improvement of Programs: AB 304 mentions “collaborating with the Judicial Council and relevant stakeholders to set program provider standards” and “developing, in consultation with the … State Department of Public Health, comprehensive standards through regulations.” While this language is a step in the right direction, it does not go far enough to provide inclusion of the necessary experts and stakeholders. …
…
Judicial Training: We believe that Judicial training is important and support that focus. We are however cautious about a proscriptive list of topics. …
Addressing Absences: Our organization would like to continue exploring changes to the absences policy that will support participants in successfully completing the program.
…
Addressing the sustainability of batterer intervention programs: This bill does not address the financial challenges for batterer intervention programs operating under the current funding structure. … We believe that a more sustainable funding structure is essential to support these programs in providing high-quality content and continuing to innovate and adapt their work to meet the needs of the individuals they work with.
- Arguments in Support
The Little Hoover Commission writes:
In its 2021 report, Beyond the Crisis: A Long-Term Approach to Reduce, Prevent, and Recover from Intimate Partner Violence, the Commission found that California’s batterer intervention programs were “structured in such a way that it’s nearly down to chance – except the odds are stacked against participants who are not financially secure – whether the program will work for a participant or leave them indebted in the county lockup.” Among other concerns, the Commission found the programs were not always available in the geographic region or language offenders needed, affordable for lower-income Californians, nor formatted in in a manner that addressed the spectrum of genders and sexualities found among Californians.
The Commission recommended that the state review its requirements for batterer intervention programs to determine if they facilitate rehabilitation; begin a process to determine how to tailor rehabilitative services to an individual’s needs; and, ensure that rehabilitation is not contingent on an individual’s ability to pay.
According to the California Public Defenders Association:
We believe these changes to the law will result in our clients being more likely to successfully complete probation by ensuring that they are better informed of the costs of batterer programs before agreeing to these programs as conditions of probation and that these programs are better tailored for our client’s needs…
In addition, AB 304’s requirement[s]…will ensure that our client’s domestic violence cases across counties and courtrooms are adjudicated fairly and consistently.
- Arguments in Opposition
According to Chief Probation Officers of California:
We share the desire to see domestic violence programs serve to reduce recidivism and address interpersonal violence … It is for these reasons that in 2018 CPOC co-sponsored AB 372 (Stone, Chapter 290, Statutes of 2018), which established pilot programs in the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to update domestic violence programs by applying evidence-based approaches to curriculum that reduce recidivism and address criminogenic needs.
… We believe that these programs represent an important model that meets the myriad of goals pertaining to these programs.
There are important discussions around provisions in the bill pertaining to how best to strengthen processes on ensuring program accountability and completion. However, we are opposed unless amended to the provisions that would remove county probation from certifying and approving these programs due to the potential negative impacts resulting from separating the local delivery of service from the ability to certify the programs and the potential loss of providers that we may see as a result.
… Transferring certification away from where the services are delivered impedes the county’s ability to be locally responsive to the needs and capacity pertaining to these programs.
…
We are concerned that the changes proposed in this bill would predate the comprehensive look on what changes are needed and encourage the continuation of the pilot program to have the corresponding data and evaluation to guide any changes to the current domestic violence programs.
The Judicial Council writes:
Government Code section 68555 currently requires that the council establish training programs for judges and other court personnel whose work involves domestic violence to provide them with information about the specific issues that arise when domestic violence is involved in a case before the court. … AB 304 would repeal that section and replace it with a more proscriptive set of requirements that require that the council provide training on an extensive list of specific topics. This expansion of the Legislature’s efforts to regulate judicial training represents an unnecessary intrusion into the operations of the judicial branch, especially as it has long demonstrated a commitment to robust training in these areas.
…
The council also objects to proposed new subdivision (f) of Penal Code section 1203.097…The council objects to the notion that it would implement guidelines and training for consistent adjudication of probation violations, as the courts must look to each case individually and apply the law within the parameters set by statute. …
The council is taking no position on the proposed shift of oversight of BIPs from probation departments to DOJ…but is concerned… Because probation is an arm of the court when it provides neutral recommendations and oversees the supervision of defendants on probation, the council is concern that statutory language suggesting that DOJ is overseeing probation or auditing its work would violate separation of powers. …
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 304
Author:(Holden)
As Amended Ver:May 18, 2023
Majority vote
SUMMARY
Requires the Judicial Council to establish judicial training programs on all aspects of domestic violence, and transfers responsibility for approving batterer's intervention programs from probation departments to the Department of Justice (DOJ).
Major Provisions
- Requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the council.
- Requires the training programs to include a domestic violence session in any orientation session conducted for newly-appointed or elected judges, an annual training session in domestic violence, and periodic updates.
- Requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
- Requires the court to inform a defendant who is required to attend a batterer's intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
- Clarifies that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
- Requires the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant's probation violations pertaining to a domestic violence offense.
- Requires a court to provide a defendant with a selection of available program providers, including the program providers' standard fees and sliding fee scales, upon the defendant's request.
- Requires program providers to post publicly, including on an internet website, a comprehensive description of their sliding fee scale.
- Transfers the responsibility for approving batterer's intervention programs from probation departments to the DOJ.
- Requires DOJ, beginning on April 1, 2024, to oversee the probation departments and program providers to ensure compliance with state law.
- Requires DOJ to be responsible for all of the following:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of probation departments and program providers;
- Developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to parties involved in domestic violence cases;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
- Requires Judicial Council, by April 1, 2024, to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
- Defines "program provider" as a provider of a batterer's program, as specified, or if none is available, another appropriate counseling program.
- Provides that program providers do not include alcohol or drug counseling or alcohol and drug programs, as specified.
- Includes legislative findings and declarations.
COMMENTS
According to the Author
"Despite its efforts over the last three decades, the California Legislature and other state agencies have struggled to implement effective domestic violence diversion tactics. An investigation by the California State Auditor of our batterer intervention programs has revealed a disparity in oversight on the part of probation departments and courts.[1] This, coupled with the insufficient training for those involved in handling domestic violence incidents, has very real implications for domestic violence survivors. This widespread issue affects more people than we realize. Between 2012 and 2021 approximately 1.6 million calls for domestic-violence related assistance were made in California.[2] We already have the infrastructure to help, but are falling short in its oversight and implementation. It is pertinent we revise our batterer intervention system to make it more effective in protecting domestic violence survivors and rehabilitating domestic violence offenders."
Arguments in Support
According to the Little Hoover Commission, "In its 2021 report, Beyond the Crisis: A Long-Term Approach to Reduce, Prevent, and Recover from Intimate Partner Violence, the Commission found that California's batterer intervention programs were "structured in such a way that it's nearly down to chance – except the odds are stacked against participants who are not financially secure – whether the program will work for a participant or leave them indebted in the county lockup." Among other concerns, the Commission found the programs were not always available in the geographic region or language offenders needed, affordable for lower-income Californians, nor formatted in in a manner that addressed the spectrum of genders and sexualities found among Californians.
"The Commission recommended that the state review its requirements for batterer intervention programs to determine if they facilitate rehabilitation; begin a process to determine how to tailor rehabilitative services to an individual’s needs; and, ensure that rehabilitation is not contingent on an individual’s ability to pay.
"We believe AB 304 would help implement these recommendations; consequently we support this legislation."
Arguments in Opposition
According to Chief Probation Officers of California, "We share your desire to see domestic violence programs serve to reduce recidivism and address interpersonal violence. CPOC agrees with you and our opposition is not reflective of the notion that changes are not needed. It is for these reasons that in 2018 CPOC co-sponsored AB 372 (Stone), Chapter 290, Statutes of 2018, which established pilot programs in the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to update domestic violence programs by applying evidence-based approaches to curriculum that reduce recidivism and address criminogenic needs.
"There are many complexities involved in addressing interpersonal violence and it's important that programming curriculum reflect the varying needs and risks presented. This pilot program uses evidence-based curriculum to enhance client engagement and meet the treatment, risk and criminogenic needs of the individual. We believe that these programs represent an important model that meets the myriad of goals pertaining to these programs.
"There are important discussions around provisions in the bill pertaining to how best to strengthen processes on ensuring program accountability and completion. However, we are opposed unless amended to the provisions that would remove county probation from certifying and approving these programs due to the potential negative impacts resulting from separating the local delivery of service from the ability to certify the programs and the potential loss of providers that we may see as a result.
"Probation and counties work closely and earnestly to help providers identify or use local meeting spaces and additional supports that streamlines and coordinates local services and capacity. Transferring certification away from where the services are delivered impedes the county's ability to be locally responsive to the needs and capacity pertaining to these programs.
"We believe there are shared values and programmatic changes that can address the goals underlying this bill, but we see the transferring of program certification as further bifurcating the conversations and efforts around how to ensure these programs are most reflective of evidence-based and risk-based approaches to interpersonal violence and recidivism."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Costs in the low millions annually (Trial Court Trust Fund, General Fund) to the Judicial Council to develop and administer the judicial domestic violence training required by this bill. Judicial Council estimates $5.6 million in costs for the first year of implementation and $3.3 million in annual, ongoing costs to create and implement the orientation and annual training, including funds for curriculum development and salaries for assigned judges. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. If funding is not provided for the new workload created by this bill, it may result in delays and prioritization of court cases.
- Costs in the tens of millions annually (General Fund) to the DOJ to oversee batterer's programs as required by this bill. DOJ estimates costs of approximately $17.3 million in FY 2023-24 and approximately $30.3 million in annual ongoing costs. DOJ anticipates adding a new section to its Criminal Division requiring 126 new full-time supervisor, attorney, analyst, and secretary positions. The new section would design and implement an approval and renewal process for batterer's programs and counseling programs, conduct audits of probation departments and program providers, develop assessment tools, and use data to analyze the effectiveness of programs. Additionally, DOJ anticipates adding three positions within its Research Center and five managers within its Victim Services Unit to complete the workload created by this bill.
- Costs of an uncertain but potentially significant amount (local costs, General Fund) to county probation departments. The bill requires probation departments to make additional notifications about defendants' participation in programs and probation violations. Probation departments may also incur additional costs in submitting their programs for approval by DOJ, updating their programs to meet standards established by DOJ, complying with DOJ audits, and providing data to DOJ for program evaluation. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates. Counties may experience some savings to the extent that their existing batterers' program supervision responsibilities are transferred to DOJ by this bill.
- Costs of an unknown, but potentially significant, amount to the California Department of Public Health (DPH) to collaborate with DOJ on statewide standards for batterer's programs. This bill requires DOJ to develop regulations in consultation with DPH's Injury and Violence Prevention Branch for statewide standards on program provider curricula and training. DPH will likely incur staffing costs to consult with DOJ on these regulations.
VOTES
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
UPDATED
VERSION: May 18, 2023
CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0000839
California State Auditor. (2022). Batterer Intervention Programs. Report 2021-113, 3-7. ↑
State of California Department of Justice. 2023. Domestic Violence-Related Calls for Assistance Counties: All. Years: 2012 - 2021. Retrieved Jan. 3, 2023, from https://openjustice.doj.ca.gov/exploration/crime-statistics/domestic-violence-related-calls-assistance. ↑
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 304
Author:(Holden) – As Introduced Ver:January 26, 2023
Policy Committee: | Public Safety | Vote: | 8 - 0 |
|
| ||
|
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires the Judicial Council to establish judicial domestic violence training programs for court personnel and transfers responsibility for overseeing court-ordered batterer’s intervention programs from county probation departments to the Department of Justice (DOJ).
Specifically, this bill:
- Requires the Judicial Council to establish judicial domestic violence training programs for judges, referees, commissioners, mediators, and others who perform duties on domestic violence matters.
- Specifies topics the training programs must cover and a minimum number of hours of training that must be completed.
- Requires the court to provide a defendant with certain information about the programs and fees associated with batterer’s programs before the defendant agrees to the conditions of probation. The bill also requires the court to provide a defendant who must attend a batterer’s intervention program with specified information about program fee waivers.
- Requires the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant’s probation violations pertaining to a domestic violence offense.
- Transfers the responsibility for approving batterer’s intervention programs from probation departments to the DOJ.
- Requires DOJ, beginning on April 1, 2024, to oversee the probation departments and program providers to ensure compliance with state law.
- Requires DOJ to set program provider standards; approve, monitor, and renew approvals of program providers; conduct audits of probation departments and program providers; develop regulations that set statewide standards for program curricula and training; develop an assessment tool to determine whether a defendant has satisfactorily completed the requirements of the program; and analyze the effectiveness of programs using offender and program data.
- Requires Judicial Council, by April 1, 2024, to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
FISCAL EFFECT:
- Costs in the low millions annually (Trial Court Trust Fund, General Fund) to the Judicial Council to develop and administer the judicial domestic violence training required by this bill. Judicial Council estimates $5.6 million in costs for the first year of implementation and $3.3 million in annual, ongoing costs to create and implement the orientation and annual training, including funds for curriculum development and salaries for assigned judges. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. If funding is not provided for the new workload created by this bill, it may result in delays and prioritization of court cases.
- Costs in the tens of millions annually (General Fund) to the DOJ to oversee batterer’s programs as required by this bill. DOJ estimates costs of approximately $17.3 million in FY 2023-24 and approximately $30.3 million in annual ongoing costs. DOJ anticipates adding a new section to its Criminal Division requiring 126 new full-time supervisor, attorney, analyst, and secretary positions. The new section would design and implement an approval and renewal process for batterer’s programs and counseling programs, conduct audits of probation departments and program providers, develop assessment tools, and use data to analyze the effectiveness of programs. Additionally, DOJ anticipates adding three positions within its Research Center and five managers within its Victim Services Unit to complete the workload created by this bill.
- Costs of an uncertain but potentially significant amount (local costs, General Fund) to county probation departments. The bill requires probation departments to make additional notifications about defendants’ participation in programs and probation violations. Probation departments may also incur additional costs in submitting their programs for approval by DOJ, updating their programs to meet standards established by DOJ, complying with DOJ audits, and providing data to DOJ for program evaluation. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates. Counties may experience some savings to the extent that their existing batterers’ program supervision responsibilities are transferred to DOJ by this bill.
COMMENTS:
- Author’s Statement. According to the author,
Despite its efforts over the last three decades, the California Legislature and other state agencies have struggled to implement effective domestic violence diversion tactics. An investigation by the California State Auditor of our batterer intervention programs has revealed a disparity in oversight on the part of probation departments and courts. This, coupled with the insufficient training for those involved in handling domestic violence incidents, has very real implications for domestic violence survivors. This widespread issue affects more people than we realize. Between 2012 and 2021 approximately 1.6 million calls for domestic-violence related assistance were made in California. We already have the infrastructure to help, but are falling short in its oversight and implementation. It is pertinent we revise our batterer intervention system to make it more effective in protecting domestic violence survivors and rehabilitating domestic violence offenders. [footnotes omitted]
- Background. Batterer’s Intervention System. The network of government programs that attempt to prevent people convicted of domestic violence offenses from recidivating is known as the batterer’s intervention system. The system is comprised of (a) courts, which sentence offenders and oversee informal probation; (b) county probation departments, which oversee formal probation and certify program providers; and (c) program providers, which administer certified batterer’s intervention programs. If a court places a defendant on probation for a domestic violence crime, existing law requires the defendant to complete a batterer’s intervention program that lasts at least one year, commonly referred to as a 52-week program. These are structured rehabilitative programs that typically include education, group discussion, and accountability strategies to address the defendant’s use of violence in a relationship. The goal of a batterer’s intervention system is to reduce the likelihood of further relationship violence by the defendant.
State Auditor’s Report on Batterer’s Intervention Programs. In 2022, the State Auditor released the results of its audit of batterer’s intervention systems in five counties across the state. The results of the audit were dismal. The State Auditor concluded that the batterer’s intervention systems it reviewed had limited impact in reducing domestic violence. Specifically, the report concluded that inadequate offender supervision undermined the effectiveness of batterers’ programs in addressing domestic violence, probation departments did not fully perform their oversight responsibilities over batterers’ programs, and state oversight was needed to improve the current system.
This bill would codify several recommendations made in the State Auditor’s report. First, the bill requires courts and program providers better inform defendants about fee waivers, available batterer’s intervention program providers, and sliding fee scales. Second, the bill requires prompt notification to program providers of defendants’ probation violations. Third, the bill transfers oversight of the batterer’s intervention system to DOJ, and provides DOJ with authority to actively monitor, audit, and evaluate program providers and the content of batterer’s intervention programs. Finally, the bill requires Judicial Council to develop domestic violence training programs for court personnel and establish guidelines that encourage more consistent treatment of probation violations.
- Related Legislation. AB 419 (Bauer-Kahan) requires Judicial Council to create and administer domestic violence training programs for court officers. AB 419 is currently pending hearing in this committee.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: March 14, 2023
Counsel: Andrew Ironside
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Requires the Judicial Council to establish judicial training programs on all aspects of domestic violence, and transfers responsibility for approving batterer’s intervention programs from probation departments to the Department of Justice (DOJ). Specifically, this bill:
- Requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the council.
- Requires the training programs to include a domestic violence session in any orientation session conducted for newly-appointed or elected judges, an annual training session in domestic violence, and periodic updates.
- Requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to victims and perpetrators of domestic violence;
- Trauma;
- Coercive control;
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence;
- The detriment to children residing with a person who perpetrates domestic violence; and,
- That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
- Implicit and explicit bias related to victims and perpetrators of domestic violence;
- Requires a minimum of 25 hours to be required for the orientation session, and a minimum of 20 hours to be required every three years thereafter.
- Requires the court to inform a defendant who is required to attend a batterer’s intervention program as a requirement of probation, of the availability of a program fee waiver if the defendant does not have the ability to pay the fee.
- Clarifies that a program provider must report a violation of the terms of a protective order by the defendant within seven business days.
- Requires the probation department to promptly notify each program in which the defendant is required to participate as a part of probation of all of the court-mandated programs in which the defendant is required to participate and all of the defendant’s probation violations pertaining to a domestic violence offense.
- Requires a court to provide a defendant with a selection of available program providers, including the program providers’ standard fees and sliding fee scales, before the defendant agrees to the conditions of probation.
- Requires program providers to post publicly, including on an internet website, a comprehensive description of their sliding fee scale.
- Transfers the responsibility for approving batterer’s intervention programs from probation departments to the DOJ.
- Requires DOJ, beginning on April 1, 2024, to oversee the probation departments and program providers to ensure compliance with state law.
- Requires DOJ to be responsible for all of the following:
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Approving, monitoring, and renewing approvals of program providers;
- Conducting periodic audits of probation departments and program providers;
- Developing comprehensive, statewide standards through regulations, including, but not limited to:
- Program provider curricula; and,
- Training for social workers, counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
- Implicit and explicit bias related to victims and perpetrators of domestic violence;
- Trauma and emotional abuse;
- Coercive control; and,
- Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
- Implicit and explicit bias related to victims and perpetrators of domestic violence;
- Program provider curricula; and,
- Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of the program.
- Analyzing the effectiveness of programs, including, but not limited to, through the tracking of relevant offender and program data.
- Collaborating with Judicial Council and relevant stakeholders to set program provider standards;
- Requires Judicial Council, by April 1, 2024, to establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
- Defines “program provider” as a provider of a batterer’s program, as specified, or if none is available, another appropriate counseling program.
- Provides that program providers do not include alcohol or drug counseling or alcohol and drug programs, as specified.
- Includes legislative findings and declarations.
EXISTING LAW:
- Requires a person granted probation for domestic violence to serve a minimum period of probation of 36 months, which may include a period of summary probation as appropriate. (Pen. Code, 1203.097 subd. (a)(1).)
- Requires the term of probation for domestic violence to include a criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. (Pen. Code, 1203.097, subd. (a)(2).)
- Requires the term of probation for domestic violence to include notice to the victim of the disposition of the case. (Pen. Code, 1203.097, subd. (a)(3).)
- Requires the term of probation for domestic violence to include booking the defendant within one week of sentencing if the defendant has not already been booked. (Pen. Code, 1203.097, subd. (a)(4).)
- Requires a person granted probation for domestic violence to successfully complete a batterer’s program, as specified, or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. (Pen. Code, 1203.097, subd. (a)(6).)
- Requires a person granted probation for domestic violence to attend consecutive weekly sessions of a batterer’s program, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program. (Pen. Code, 1203.097, subd. (a)(6).)
- Requires completion of the batterer’s program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months. (Pen. Code, 1203.097, subd. (a)(6).)
- Requires the batterer’s program, if it finds that the defendant is unsuitable, to immediately contact the probation department or the court. (Pen. Code, 1203.097, subd. (a)(9).)
- Requires the probation department or the court, if notified that the batterer’s program has found that the defendant is unsuitable, to either recalendar the case for hearing or refer the defendant to an appropriate alternative batterer’s program. (Pen. Code, 1203.097, subd. (a)(9).)
- Requires a court, upon recommendation of the batterer’s program, to order defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. (Pen. Code 1203.097, subd. (a)(10)(A).)
- Requires the batterer’s program to immediately report a violation of the terms of the protective order, including any new acts, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation is ordered, to the probation department. (Pen. Code, 1203.097, subd. (a)(10)(B).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Despite its efforts over the last three decades, the California Legislature and other state agencies have struggled to implement effective domestic violence diversion tactics. An investigation by the California State Auditor of our batterer intervention programs has revealed a disparity in oversight on the part of probation departments and courts.[1] This, coupled with the insufficient training for those involved in handling domestic violence incidents, has very real implications for domestic violence survivors. This widespread issue affects more people than we realize. Between 2012 and 2021 approximately 1.6 million calls for domestic-violence related assistance were made in California.[2] We already have the infrastructure to help, but are falling short in its oversight and implementation. It is pertinent we revise our batterer intervention system to make it more effective in protecting domestic violence survivors and rehabilitating domestic violence offenders.”
- State Auditor’s Report on Batterer Intervention Programs: In October 2022, the California State Auditor issued its audit of the state’s batterer interventions programs. The auditor examined the administration and oversight by the probation departments and courts in five counties—Alameda, Contra Costa, Del Norte, Los Angeles, and San Joaquin. The Auditor found that persons convicted of domestic violence were “far less likely to reoffend” if they completed a batterer’s intervention program. However, nearly 50 percent of program participants reviewed by the Auditor did not complete the program, and most of those participants later reoffended. (Cal. State Auditor, Batterer Intervention Programs: State Guidance and Oversight Are Needed to Effectively Reduce Domestic Violence, p. 1 <https://www.auditor.ca.gov/pdfs/reports/2021-113.pdf> [last visited Mar. 9, 2023].)
The State Auditor found “probation departments did not consistently assess all offenders for underlying issues, such as mental health or substance abuse concerns, that might interfere with an offender’s ability to complete a program.” (Id. at 2.) It also reported that “probation departments, program providers, and courts generally did not hold many of the offenders we reviewed accountable for probation and program violations.” (Ibid.) Moreover, “even when notified about offenders’ violations, the courts, in some instances, referred the offenders back to a program without imposing additional consequences,” which according to the Auditor “likely weakens the impact of programs.” (Ibid.)
Specifically, the Auditor noted that “none of the five probation departments had established sufficient standards, policies, and procedures for overseeing program providers and ensuring program compliance.” (Ibid.) As a result, “program providers did not supervise offenders appropriately or report required information.” (Ibid.) The probation departments generally failed to address deficiencies in compliance with law by batterer’s program providers. (Ibid.)
Based on these findings, the Auditor recommended, among other things, “designating a statewide agency” to provide oversight and guidance to program providers. It also recommended requiring the Judicial Council to establish judicial training programs on all aspects of domestic violence; requiring batterer’s intervention programs to “publicly post a comprehensive description of their sliding fee scales; and, requiring “courts to provide each offender with a selection of available program providers” and of “the availability of fee waivers for those who may not have the ability to pay for a program.” (Ibid.)
This bill would codify these recommendations by the State Auditor.
- DOJ Oversight of Batterer’s Intervention Programs: The State Auditor concluded that the efficacy of batterer’s intervention programs would benefit from transferring oversight authority from county probation departments and courts to the state. According to the State Auditor, county probation departments had not “adequately approved, monitored, or reviewed program providers.” (Id. at p. 48.) “Centralizing such oversight would create consistency and allow the State to select only the most qualified and effective providers.” (Ibid.) It added:
[A] statewide oversight agency in California could provide comprehensive guidance to program providers, rather than the inconsistent and inadequate guidance providers currently receive from county probation departments. The oversight agency could also standardize program curriculum and instructor qualification requirements; track and analyze offender and program data; and collaborate with relevant stakeholders to recommend quality improvements to ensure that programs achieve the desired outcomes. Finally, the oversight agency could work with the Judicial Council of California (Judicial Council) to ensure that the courts and judges have sufficient guidance on holding offenders accountable when they violate the conditions of their probation. Without this additional oversight, it will be difficult for policymakers to make informed decisions about how to improve California’s approach to reducing domestic violence.
(Id. at 3.)
The State Auditor considered four agencies for as candidates for assuming this authority—the Board of State and Community Correction (BSCC), the California Department of Public Health (CDPH), the California Department of Social Services, and the DOJ. None of the agencies currently have significant involvement with the batterer intervention system, nor did they express a “strong opinions regarding the most appropriate state oversight agency.” (Id. at 49.) Ultimately, the State Auditor concluded that DOJ was “best positioned to oversee programs statewide.” (Id. at pp. 49-50.) According to the State Auditor:
In 2003 the Attorney General convened a 26‑member task force to learn how local criminal justice systems have carried out their responsibilities to, among other things, hold offenders accountable for domestic violence crimes. In 2005 the task force reported that it found problematic practices related to program standards and program provider performance. Further, Justice has a research center that is dedicated to applying a scientific approach to legal review, policy and data analysis, and empirical studies leading to data‑driven decisions through collaboration. Because the Attorney General is the chief law enforcement officer of the State and because Justice is already responsible for tracking criminal data, such as domestic violence crimes, we believe that Justice is well positioned to lead statewide efforts to reduce domestic violence.
(Id. at p. 50.)
Despite expressing agreement that the state should assume responsibility for oversight of batterer’s intervention programs, there appears to be some disagreement that DOJ is well positioned to assume that role. The California Initiative for Health Equity & Action (Cal-IHEA), for example, recommended placing oversight in hands of the CDPH. In a recent report, Cal-IHEA wrote:
Several programs and initiatives focused on reducing violence exist at the state level but are overseen by separate agencies. Consolidating these programs in a centralized violence prevention and intervention agency within CDPH will streamline efforts to coordinate IPV services and funding while prioritizing a public health approach. The agency would accredit intervention programs and ensure standardization of program evaluation metrics. Additionally, the proximity of an agency within CDPH to other public health services should strengthen referral pathways across associated agencies, thereby promoting early intervention and care coordination.
This agency would collaborate with existing coalitions in California…to ensure that the standards for intervention program are informed by survivors and advocates. To initiate the transition towards a statewide agency, California should establish a public/private sector workgroup consisting of survivors, people who have successfully completed a BIP, stakeholders for advocacy groups, CDPH, BIP providers, and probation officers who currently oversee county BIPs.
(Pattabhiraman et. al, State Innovation to Prevent the Recurrence of Intimate Partner Violence, Health Policy Report, California Initiative for Health Equity & Action (Sept. 2021) p. 9 <https://abmoc.org/wp-content/uploads/2022/11/preventingipv.pdf> [last visited Mar. 9, 2023].)
Indeed, DOJ expressed concern to the State Auditor that it might not be the appropriate agency to oversee batterer’s intervention programs. According to the Auditor’s report, DOJ claimed “the work involved would not fit clearly into any of its existing sections and…it believes that another state agency might be able to more appropriately perform the required responsibilities.” (Auditor’s Report, supra, p. 50.)
This bill would implement the State Auditor’s recommendation to transfer oversight authority of batterer’s intervention programs to DOJ.
- Alternatives Batterer’s Intervention Program Pilot Program: This bill would transfer responsibility for oversight of batterer’s intervention programs from probation departments to the DOJ. This responsibility would include approving, monitoring, and renewing approvals of program providers, and developing comprehensive statewide standards for batterer’s intervention programs.
It should be noted that Penal Code section 1203.99 authorizes six counties—Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo—to provide programming to domestic violence offenders under specified circumstances that do not comply with current batterer’s intervention program requirements. Authorization for the pilot programs is set to expire July 1, 2023. AB 479 (B. Rubio) would extend the sunset date to July 1, 2026.
This bill likely will not limit the authority of the designated counties to continue offering alternative programming to domestic violence offenders. - Argument in Support: According to the Little Hoover Commission, “In its 2021 report, Beyond the Crisis: A Long-Term Approach to Reduce, Prevent, and Recover from Intimate Partner Violence, the Commission found that California’s batterer intervention programs were “structured in such a way that it’s nearly down to chance – except the odds are stacked against participants who are not financially secure – whether the program will work for a participant or leave them indebted in the county lockup.” Among other concerns, the Commission found the programs were not always available in the geographic region or language offenders needed, affordable for lower-income Californians, nor formatted in in a manner that addressed the spectrum of genders and sexualities found among Californians.
“The Commission recommended that the state review its requirements for batterer intervention programs to determine if they facilitate rehabilitation; begin a process to determine how to tailor rehabilitative services to an individual’s needs; and, ensure that rehabilitation is not contingent on an individual’s ability to pay.
“We believe AB 304 would help implement these recommendations; consequently we support this legislation.”
Argument in Opposition: According to Chief Probation Officers of California, “We share your desire to see domestic violence programs serve to reduce recidivism and address interpersonal violence. CPOC agrees with you and our opposition is not reflective of the notion that changes are not needed. It is for these reasons that in 2018 CPOC co-sponsored AB 372 (Stone, Chapter 290, Statutes of 2018), which established pilot programs in the Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo to update domestic violence programs by applying evidence-based approaches to curriculum that reduce recidivism and address criminogenic needs.
“There are many complexities involved in addressing interpersonal violence and it’s important that programming curriculum reflect the varying needs and risks presented. This pilot program uses evidence-based curriculum to enhance client engagement and meet the treatment, risk and criminogenic needs of the individual. We believe that these programs represent an important model that meets the myriad of goals pertaining to these programs.
“There are important discussions around provisions in the bill pertaining to how best to strengthen processes on ensuring program accountability and completion. However, we are opposed unless amended to the provisions that would remove county probation from certifying and approving these programs due to the potential negative impacts resulting from separating the local delivery of service from the ability to certify the programs and the potential loss of providers that we may see as a result.
“Probation and counties work closely and earnestly to help providers identify or use local meeting spaces and additional supports that streamlines and coordinates local services and capacity. Transferring certification away from where the services are delivered impedes the county’s ability to be locally responsive to the needs and capacity pertaining to these programs.
“We believe there are shared values and programmatic changes that can address the goals underlying this bill, but we see the transferring of program certification as further bifurcating the conversations and efforts around how to ensure these programs are most reflective of evidence-based and risk-based approaches to interpersonal violence and recidivism.” - Related Legislation:
- AB 467 (Gabriel) would clarify that the sentencing court in the county in which a domestic violence restraining order was issued may modify the order if the court is convinced beyond a reasonable doubt that the modification is in the best interest of the victim. AB 467 will be heard in this committee today.
- AB 479 (B. Rubio) would eliminate the sunset provision on the law allowing the Counties of Napa, San Luis Obispo, Santa Clara, Santa Cruz, and Yolo to offer programs that do not comply with the requirements of the batterer’s program so long as the programs comply with specified conditions. AB 479 will be heard in this committee today.
- AB 467 (Gabriel) would clarify that the sentencing court in the county in which a domestic violence restraining order was issued may modify the order if the court is convinced beyond a reasonable doubt that the modification is in the best interest of the victim. AB 467 will be heard in this committee today.
- Prior Legislation:
- SB 616 (S. Rubio), of the 2021-2022 Legislative Session, would have expanded domestic violence educational requirements for judges, referees, commissioners, mediators, child custody recommending counselors, and evaluators involved in domestic violence proceedings. SB 616 was held on the Senate inactive file.
- AB 372 (Stone), Chapter 290, Statutes of 2018, authorized six counties, effective July 1, 2019, to offer an alternative program, as specified, than the one required under current law for individuals convicted of domestic violence.
- SB 218 (Solis), Chapter 662, Statutes of 1999, provided, among other things, authorization for the court to order a restrained person to participate in a batterer intervention program that has been approved by the probation department as meeting specified standards.
- SB 616 (S. Rubio), of the 2021-2022 Legislative Session, would have expanded domestic violence educational requirements for judges, referees, commissioners, mediators, child custody recommending counselors, and evaluators involved in domestic violence proceedings. SB 616 was held on the Senate inactive file.
REGISTERED SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice
California Public Defenders Association (CPDA)
Little Hoover Commission
Opposition
Chief Probation Officers of California
Analysis Prepared by:
California State Auditor. (2022). Batterer Intervention Programs. Report 2021-113, 3-7. ↑
State of California Department of Justice. 2023. Domestic Violence-Related Calls for Assistance Counties: All. Years: 2012 - 2021. Retrieved Jan. 3, 2023, from https://openjustice.doj.ca.gov/exploration/crime-statistics/domestic-violence-related-calls-assistance. ↑
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
7MIN
Senate Standing Committee on Public Safety
1MIN
Assembly Floor
15MIN
Assembly Standing Committee on Public Safety
Bill Author
