CA AB 304

Title: Domestic violence: probation.
Author: Christopher R. Holden

Summary
AB 304, Holden. Domestic violence: probation. 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 batterer’s 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 batterer’s program to develop and utilize a sliding fee schedule based on a defendant’s 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 batterer’s program for a defendant, to take into account, among other factors, the defendant’s 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 defendant’s sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendant’s 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 batterer’s 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 batterer’s 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 batterer’s program, would specifically indicate another appropriate counseling program if a batterer’s 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 tra

Status
Consideration of Governor's veto pending.

Bill Documents
CA AB 304 - 09/18/23 - Enrolled
09/18/23 - CA AB 304 (09/18/23 - Enrolled)