ADULT:
-SB 852 Search and Seizure Probation Officers and LEO Only
(I am concerned there may be fringe issues regarding non-sworn non-probation officer staff such as probation assistants, specialists, aids, etc. doing testing or office searches.) Applies to those released on probation, mandatory supervision (community prison terms), electronic monitoring, and other supervised releases.
-AB 443 Peace Officer Bias Conduct Investigations
Requires LE agencies to investigate potential hires and employees after complaint or incident for “biases” and “bias conduct” through social media posts and other sources. Also requires State Peace Officer Standards and Training (POST) to later define terms and develop guidance. January 1, 2026
-AB449 Hate Crime Policy
Requires all state and local LE to develop hate crime policy by July 1, 2024, using POST model. Requires state attorney general to review local policies and updates every four years.
The following is a select summary of new laws that were enacted by the California
Legislature for 2024 and have relevancy to the probation field. They are separated by
adult probation and juvenile provisions.
This law modifies current Penal Code Sections 1203, 1170, 1203.016-1203.018,
and 1203.25. It was aimed at Federal ICE agents and sought to restrict their
peace officer powers in conducting a “probation search ruse”.
-AB1080 AB109 Funding, Data, Reports
Requires State Legislative Analysis Office to prepare and publish a report on 2011 AB109 Realignment by June 30, 2030. Requires new data points at local level on allocation spending, sentencing practices, jail population, PRCS practices, outcome measures, and others.
-AB60 Restorative Justice, Victim Notifications
Requires LEO’s and Probation to notify victims of the availability and how to access Community Based Restorative Justice Programs along with other previously required victim rights notices.
-AB890 Fentanyl and Other Synthetic Opiates and Opioids Education Program
Requires the court to refer sentenced persons to a local fentanyl or synthetic opiate education program (if available). Also applies to opioid convictions. No cost to defendant and failure to complete can be used as a circumstance aggravating sentence in future crimes.
-SB46 Drug Treatment
Tied to AB890, mandates drug education and treatment for drug offenders for all sentenced offenders both on probation, in custody and/or other form of supervised release. Programs to be developed by county SUD, probation and court.
-AB732 Firearm Relinquishment
Modifies law to require firearm prohibited person to relinquish firearm within 48 hours of being released from custody and within 14 days if in custody. Probation to continue to conduct firearm record investigations and Department of Justice (DOJ) relinquishment forms and reporting to court. LE or other lead agency to report to DOJ quarterly regarding steps taken to verify possession and relinquishment. Rescinds the authority of law enforcement agencies to sell relinquished firearms. Requires DOJ to maintain a list of individuals who have not submitted proof of firearms relinquishment and makes this list available to law enforcement agencies via an electronic portal.
-AB360 Excited Delerium
Prohibits the term from LE reports and as the cause of death.
-709 Criminal History Information
Allows prosecutors to disclose the names and case numbers of any LE involved in any criminal case to any PD office or other licensed attorney to facilitate the disclosure of exculpatory evidence of impeachment of evidence in LE testimony.
-AB994 LE Social Media Booking Photos
Requires LE to remove booking photos on department social media withing 14 days. Exceptions- Fugitives or other imminent threat to public. Pronouns for individual must be as reported by individual.
-AB567 Criminal Record Relief
Extends DOJ to automatically apply relief of record to misdemeanants whose sentence has been completed after unsuccessful termination of probation. July 1, 2024
-SB86 Crime Victim Resource Centers
Requires state to create a web page for resources, restitution information, protections, etc. for crime victims.
-AB56 Victim Restitution
Expands financial restitution compensation to victims for emotional injuries and expand services. Select violent/serious offenses such as, but not limited to murder, attempted murder, sexual assault, kidnapping, and stalking.
-SB376 Victim’s Rights, Human Trafficking
Allows a victim of human trafficking or certain abuse related offenses to have an advocate/support during interview with LE, DA, and/or defense counsel.
-AB600 Criminal Procedure, Resentencing
Modifies existing law allowing the court to resentence a defendant committed to the state prison or to a county jail for the commission of a felony, to recall the sentence and either reduce the term or vacate the conviction on its own motion, at any time if the applicable sentencing laws at the time of original sentencing are changed. Also eliminates the requirement that the district attorney agrees.
JUVENILE: -AB1643 Restitution
Amends WIC 653.5 raising the threshold on the limitation of presumptive eligibility to informal probation from $1,000 in restitution to $5,000.
-AB505 JJCC/OYCR Authority/Judicial Facility Inspections
Adds camps, ranches, and Secure Youth treatment Facilities (SYTF) to list of facilities youth court judge must inspect annually.
Expands authority of state Office of Youth Community Restoration (OYCR) to inspect files per WIC 827.
Modifies WIC 1995 to allow a cochair Juvenile Justice Coordinating Council (JJCC) Juvenile Justice Realignment Block Grant (JJRBG) subcommittee (SB823 Realignment) as selected by subcommittee. *Probation Chief no longer statutory chair. Adds that annual plan must be developed with review and participation of subcommittee and approved by majority of that body.
Adds new element of the annual plan, to include description of progress made and objectives and outcomes from prior year plan.
Subcommittee must meet no less than twice a year and update plan annually. Still due May 1.
Expands authority of OYCR to review plans for elements and planning process
and return plans for revisions. Funding NOT contingent of OYCR approval of elements and planning process.
OYCR ombudsman may access juvenile facility records, communicate privately with youth, personnel and volunteers. Ombudsman must inspect all juvenile facilities (including contracted) once a year at minimum.
Ombudsman may recommend changes to improve services or systemic issues. Required to advise all complainants that retaliation is not permitted and constitutes basis for new complaint.
-SB10/SB671 School Opioid Overdose Plans/School Violence Response Plans (mention)
Requires school districts to develop safety plans for opioid overdose and violence. County office of education to coordinate with local LE agency. (probation to possibly be involved, TBD)
-SB274 School Suspensions and Expulsions
Prohibits suspensions and expulsions of students (implementation dates to vary on grade level) for “willful defiance” only. Requires schools to implement restorative justice principles prior to such discipline and to document efforts. Tied to Edu. Code 48900. (This may strengthen partnership of schools and probation. Probation has worked with schools for past three plus years in restorative justice practices with support of the JJCC. Anticipated more referrals for school behaviors.)
-SB883 Juvenile EM
In existing statutes but clarifies that judges must review court order of probation decision place juveniles on EM.
-AB391 Suspect Child Abuse Reports (SCAR)
Receiving party such as probation, CWS, or LE must obtain additional information including reporting party’s name, phone number, other contact information, specific source of suspected abuse, information as to why reporting party refuses such information, and an advisement of confidentiality of information.
-AB60 Restorative Justice
Amends WIC 742, requiring probation to give victim ongoing victim notifications and information regarding ca
se. Adds WIC 679.02 Requiring LE and probation to inform victims of local community victim resources, processes and how to access.
-SB545 Transfers to Adult Court
Court must consider juvenile defendant’s status as a victim of human trafficking and/or sexual abuse prior to transfer.
-AB223 Minor’s Petition For Gender Change
Requires a minor’s petition for change of gender to be kept confidential while under the age of 18. (Probation under civil duties)
-AB1371 Sex With a Minor Offenders and Community Service
Prohibits PC 261.5 convictions from doing community service where minors may congregate.
-SB448 Juvenile Detention Hearings
Amends WIC 635 and 636 to prohibit custody decisions being made solely off of county of residence and mandates equal consideration in home detention regardless of residency.
-SB578 Juvenile Dependency
Requires social worker to document and court to place on record at initial petition hearing, the potential harms of removing a child.
-SB407 Resource Families
Requires new criteria for family approval to include that the family is willing and able with a demonstration that they are able to meet the prospective child’s sexual orientation needs.
-SB326/AB531 Mental Health Service Act (Watch-March 5 ballot)
Would allow MHSA funds to be used for substance abuse disorders (SUD). Would change local planning processes, oversight, and accountability in reporting. Funding would be eligible to justice involved persons.
$6.380 billion in general obligation bonds for substance abuse involved population to address homelessness and severe behavioral health issues. Could support justice involved populations.
-AB268 Board of State Community Corrections (BSCC) In custody Care
Adds two new members as appointed by Governor to mental health board.
July 1, 2024, BSCC to establish new minimum standards for mental health care for in custody.
-AB120 Housing Supplement Foster Youth
Adds a monthly stipend to youth living in a Supervised Individual Living Placement (SILP). Paid through county child welfare.
-AB134 Budget Sight and Sound
Removes requirement of separation by all “sight and sound” between those over 18 and under while in youth custody as long as those 18 and over originated in juvenile court or otherwise under the jurisdiction of the juvenile court. Also applies to SYTF related to JJRBG SB 823 Realignment.
Youth status hearings must include an evaluation and finding that youth is in the least restrictive program (LRP) and base term.
Adds requirement for probation to report data on offense(s) WIC 707(b) status, transfers to LRP, and base terms.
Funding included.
