Key California Statutes Affecting Probation

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Statutes

California Probation Departments are required to follow numerous rules codified in statute in the operation and delivery of services of each Probation Department. The appointment of the Chief Probation Officer for adult is contained in the Government Code, while the appointment for the Chief Probation Officer for juvenile is contained in the Welfare and Institutions Code. All fifty-eight counties in California, with the exception of San Francisco, have one Chief Probation Officer that oversees both adult and juvenile. San Francisco County has two separate Chief Probation Officers; one for adult services and one for juvenile services. The Government Code also outlines the duties and authority of the Chief Probation Officer. The rules for the operation and delivery of juvenile probation services are contained in the Welfare and Institutions Code. The rules for the operation and delivery of adult probation services are contained in the Penal Code.

Chief Probation Officer Statutes

The rules for the appointment of the adult Chief Probation Officer are contained in the Government Code; the rules for the appointment of the juvenile Chief Probation Officer are contained in the Welfare and Institutions Code. The rules for the duties and authority of the Chief Probation Officer are contained in the Government Code.

Juvenile Statutes

The rules for the operation and delivery of juvenile probation services are contained in the Welfare and Institutions Code.

  • WIC 202.5: duties of probation officer with respect to minors under WIC 300 shall be deemed to be social service and subject to the administration, supervision and regulation of the State Department of Social Services
  • WIC 203: shall not be deemed a conviction of a crime or deemed a criminal proceeding
  • WIC 207: a youth under WIC 601, if detained in juvenile hall, shall not be permitted to come or remain in contact with any person described in Section WIC 602
  • WIC 208.5: probation department may petition the court to house a person who is 19 years of age or older in an adult facility
  • WIC 210.6: use of mechanical restraints
  • WIC 215: definition of probation officer or social worker
  • WIC 220: no condition or restriction upon the obtaining of an abortion by a female shall be imposed
  • WIC 221: females shall continue to use materials necessary for personal hygiene with regard to menstrual cycle and reproductive system; birth control measures; family planning services
  • WIC 222: females in custody right to summon and receive services of a physician and surgeon of her choice to determine if pregnant and during pregnancy; limitations on restraints
  • WIC 223: notification of serious injury or serious offense
  • WIC 223.1: notification of suicide attempt
  • WIC 224.2: inquire whether a child under WIC 300, WIC 601 or WIC 602 may be an Indian child
  • WIC 224.3: notice when an Indian child is involved
  • WIC 241: dual status youth WIC 300, WIC 601 or WIC 602
  • WIC 241.1: dual status report
  • WIC 270: chief probation officer appointed and compensated
  • WIC 271: appointments of superintendent, matron, and other employees of juvenile hall
  • WIC 272: board of supervisors shall delegate to county welfare department duties concerning dependent children under WIC 300
  • WIC 273: probation officer may employ experts to determine appropriate treatment of youth
  • WIC 274: furnishing a bond
  • WIC 275: books and accounts
  • WIC 276: probation officer authorized to receive money, deposit, or invest such money
  • WIC 277: sale of articles of handiwork made by wards
  • WIC 278: board of supervisors may delegate to the auditor or other county officer any of the functions of the probation officer under WIC 276
  • WIC 280: preparation of a social study including a recommendation for the disposition of the case
  • WIC 281: probation officer file written reports and recommendations
  • WIC 281.5: if probation officer recommends minor removed from physical custody of parent or guardian, primary consideration shall be given to the minor being placed with a relative
  • WIC 282: require probation officer to examine into a report to the court upon the qualifications and management of any institution other than a state institution which applies for or receives custody of any ward or dependent child of the court
  • WIC 283: peace officer powers
  • WIC 284: reports to Youth Authority
  • WIC 285: reports to attorney general
  • WIC 300: dependent child of the court
  • WIC 303: non-minor dependent
  • WIC 305: dependent children - temporary custody and detention
  • WIC 307: temporary custody under WIC 305
  • WIC 307.4: notifications and advisements when temporary custody under WIC 305 or WIC 307
  • WIC 307.5: may take to community service program for abused or neglected children
  • WIC 308: notifications to parent/guardian, responsible relative; right to two telephone calls
  • WIC 309: investigate the circumstances of the child and the facts surrounding the child
  • WIC 310: written promise to appear
  • WIC 311: probation officer file a petition
  • WIC 313: timeframe for release or appear before court
  • WIC 315: detention hearing
  • WIC 324: out of county temporary custody
  • WIC 361.21: out of state residential facility
  • WIC 361.22: short term residential therapeutic program
  • WIC 361.31: Indian child removed from physical custody
  • WIC 361.4: emergency placement
  • WIC 361.45: change in placement due to sudden unavailability of a foster caregiver
  • WIC 361.6: family reunification services for non-minor dependent
  • WIC 361.7: involuntary foster care placement or termination of parental rights over an Indian child
  • WIC 362: adjudged a dependent under WIC 300
  • WIC 362.1: visitation with parent or guardian
  • WIC 362.2: placement be as near the child’s home as possible
  • WIC 326.4: protective order upon termination of jurisdiction
  • WIC 362.8: visitation with parent at CDCR
  • WIC 362.7: non-relative extended family member evaluation of home
  • WIC 363: notice to social services to reduce public assistance
  • WIC 364: timeframe for continuances
  • WIC 365: court may order periodic reports concerning child
  • WIC 366: status reports
  • WIC 366.1: supplemental reports
  • WIC 366.21: hearings
  • WIC 366.22: permanency review hearing
  • WIC 366.25: subsequent permanency review hearing
  • WIC 366.27: planned permanent living arrangement with a relative
  • WIC 366.32: non-minor dependent with permanent plan of long-term foster care
  • WIC 366.5: dual status child
  • WIC 367: dependent child detained
  • WIC 369: medical, surgical, dental, or other remedial care
  • WIC 369.5: psychotropic medications
  • WIC 370: payment for services of psychiatrists, psychologists, or other clinical experts
  • WIC 371: requirements provided by the probation officer when dependent child placed for adoption
  • WIC 375: transfer of dependent cases between counties
  • WIC 396: foster care
  • WIC 397: report to State Department of Social Services
  • WIC 450: minor or non-minor within transition jurisdiction of juvenile court
  • WIC 452: actions for hearing for termination of transition jurisdiction
  • WIC 601: at-risk youth
  • WIC 601.5: At-Risk Youth Early Intervention Program
  • WIC 602: wards
  • WIC 602.1: least restrictive alternatives
  • WIC 602.5: court report complete criminal history to Department of Justice
  • WIC 607: age of jurisdiction
  • WIC 607.2: terminating jurisdiction for foster care placement
  • WIC 607.5: probation department responsibility once jurisdiction is terminated
  • WIC 625: violations of probation
  • WIC 625.3: firearm used in WIC 707(b) offense shall not be released
  • WIC 625.6: consultation with legal counsel prior to interrogation
  • WIC 627: right to two telephone calls after booking
  • WIC 627.5: advising of youth’s constitutional rights
  • WIC 628: guidelines for releasing at juvenile detention
  • WIC 628.1: conditions for release
  • WIC 629: promise to appear
  • WIC 629.1: detention until court for WIC 626.6
  • WIC 630: filing of a petition
  • WIC 631: timelines for releasing youth or taking before the court
  • WIC 632: detention hearings
  • WIC 636: order that youth be detained in juvenile hall
  • WIC 636.1: case plan
  • WIC 636.2: nonsecure detention facilities
  • WIC 641: temporary custody in other county
  • WIC 652: investigation to determine whether proceedings in juvenile court should be commenced
  • WIC 652.5: time period for initiating a service program
  • WIC 653.1: affidavit to prosecuting attorney
  • WIC 653.5: referral to services or filing an affidavit
  • WIC 654: diversion
  • WIC 654.2: informal probation
  • WIC 654.3: reasons why WIC 654 or WIC 654.2 cannot be granted
  • WIC 654.4: specific code sections where an alcohol or drug education program must be completed if under WIC 654 or WIC 654.2
  • WIC 654.6: lists constructive assignments when on WIC 654 or WIC 654.2
  • WIC 655: process when probation officer does not file an affidavit
  • WIC 656.2: victim impact statement
  • WIC 704: commitment to Division of Juvenile Justice
  • WIC 706: completion of social study report and SARATSO
  • WIC 706.5: requirements for placement in foster care including case plan
  • WIC 706.6: child and family team; case plan; placement options
  • WIC 707: transfer to court of criminal jurisdiction
  • WIC 707.01: when youth is found unfit for juvenile court
  • WIC 707.1: transfer hearing
  • WIC 707.5: probation department to prepare social study if returned to juvenile court
  • WIC 709: juvenile competency
  • WIC 725: non-wardship. and wardship probation
  • WIC 727.05: emergency placement of a youth
  • WIC 727.1: foster care placement
  • WIC 727.12: responsibilities after October 1, 2021 for youth placed in a short term residential therapeutic program
  • WIC 727.2: reunification services
  • WIC 727.25: reunification services for non-minor dependents
  • WIC 727.3: alternative permanent plan
  • WIC 727.31: permanently terminating parental rights to free a minor up for adoption
  • WIC 727.32: terminating/not terminating parental rights
  • WIC 727.4: notice of hearing; file a social study report
  • WIC 729.7: mediating a service contract between the victim and the youth
  • WIC 730: transporting youth to Pine Grove Conservation Camp
  • WIC 739: authorizing medical or dental treatment or care
  • WIC 740: youth placed in community care facility out of county
  • WIC 741: obtain services of psychiatrists, psychologists, physicians and surgeons, dentist, optometrists, audiologists, or other clinical experts
  • WIC 742: upon request of victim, inform final disposition of case
  • WIC 777: modification of probation
  • WIC 781.5: sealing juvenile records no petition filed
  • WIC 786: sealing juvenile records after informal/formal probation
  • WIC 786.5: sealing arrest and other records for a diversion or supervision program
  • WIC 790: deferred entry of judgment
  • WIC 795: serve as the program administrator for juveniles granted deferred entry of judgment
  • WIC 826: destroying records and papers
  • WIC 840: each county probation department shall have a program of home supervision
  • WIC 841: duties of home supervision officer
  • WIC 842: probation aides, community workers, and volunteers
  • WIC 850: county shall maintain a juvenile hall
  • WIC 851.1: youth provided access to computer technology and the internet for purposes of education
  • WIC 852: juvenile hall under management and control of the probation officer
  • WIC 853: board of supervisors provide for a superintendent and other employees and general funds for salaries
  • WIC 854: superintendent and other employees appointed by probation officer and may be removed for cause
  • WIC 855: probation officer shall keep a classified list of expenses for the operation of juvenile hall
  • WIC 857: juvenile hall facility may inform the State Department of Social Services
  • WIC 858: youth have access to post secondary academic and career technical education program
  • WIC 862: may receive and detain juveniles under the authority of the United States
  • WIC 872: if no juvenile hall, juvenile court may with the recommendations of probation officers of the sending and receiving counties, designate any county in the state for the detention of a minor for a period ot to exceed 60 days
  • WIC 873: chief probation officer may establish and operate a store in connection with juvenile hall; ward welfare fund
  • WIC 875: secure youth treatment facility
  • WIC 881: operation and authority for juvenile reaches, camps, or forestry camps
  • WIC 883: wards may be required to labor on the building and grounds or perform other work
  • WIC 885: custodian of each juvenile ranch, camp, or forestry camp make reports to Board of State and Community Corrections
  • WIC 889.1: youth in juvenile ranch, camp, or forestry camp access to computer technology and the internet for the purposes of education
  • WIC 889.2: youth in juvenile ranch, camp, or forestry camp access to post secondary academic and career technical education programs
  • WIC 925: juvenile work furlough administrator
  • WIC 940: may operate a 24-hour school or a nonresidential boot camp school program
  • WIC 941: 24-hour school or nonresidential boot camp school program under the management and control of the probation officer
  • WIC 942: board of supervisors provide superintendent and other employees and provide payment for salaries
  • WIC 943: superintendent and other employees of the 24-hour school shall be appointed by the probation officer and may be removed for cause
  • WIC 944: shall keep a classified list of expenses for the operation of the 24-hour school
  • WIC 1990: Juvenile Justice Realignment Block Grant
  • WIC 1995: Juvenile Justice Realignment Plan

Adult Statutes

The rules for the operation and delivery of adult probation services are contained in the Penal Code.

  • PC 830.5: peace officer status for probation officers
  • PC 1203: probation may be given after a conviction as a conditional and revocable release in the community. Cases may be referred to the Probation Department for a pre-sentence report prior to sentencing
  • PC 1203.016: those offenders in custody may request a work furlough program or may be in home detention. In some counties, probation officers supervise offenders in these programs
  • PC 1203.017: misdemeanor offenders in custody may be placed in home detention due to jail crowding; probation officers may supervise these offenders in some counties
  • PC 1203.03: felony offenders may be housed in the Department of Corrections for a 90 day evaluation when the Court deems necessary for diagnostic and treatment services; probation will receive a copy of the report
  • PC 1203.45: probation will not be granted in cases of theft over $100,000 unless in the interest of justice the court determines this is an appropriate disposition
  • PC 1203.46: probation will not be granted in cases of using a minor to commit a felony except in the unusual circumstance where it is in the interest of justice
  • PC 1203.47: anyone convicted of PC 502 paragraph (1), (3) or (5) or felony violation of paragraphs (3), (6), (7) or (8) or a violation of subdivision (b) of PC 502.7 may be granted probation of not less than three years unless it is in the interest of justice to have a shorter term
  • PC 1203.48: unless in the unusual circumstance in the interest of justice, no person convicted of PC 502 or PC 502.7, taking or damaging property over $100,000 will be granted probation
  • PC 1203.049: probation shall not be granted to those convicted of subdivision (f) or (g) of Welfare and Institutions (WIC) Code 10980 when there has been electronic transfer of CalFresh benefits over $100,000
  • PC 1203.05: limits the copying and viewing of any probation officer report filed with the Court
  • PC 1203.06: lists the crimes which are excluded from probation
  • PC 1203.065: limits probation in certain sex offenses
  • PC 1203.066: further limits probation for certain violent and sex offenses
  • PC 1203.067: orders specific treatment for sex offenders who are eligible for probation
  • PC 1203.07: denies probation in certain drug sales offenses
  • PC 1203.073: describes cases where probation may be ordered in certain drug offenses when it is in the interest of justice
  • PC 1203.075: lists offenses which are ineligible for probation when there has been great bodily injury
  • PC 1203.07: lists cases where if probation if granted in certain drug cases, a 180 jail sentence will be ordered
  • PC 1203.08: probation shall be denied in certain felony cases when there have been two or more convictions in the past 10 years
  • PC 1203.09: lists cases that are ineligible for probation when the victim is over 60 years of age or have a listed disability
  • PC 1203.095: lists offenses that require a jail sentence prior to the term of probation
  • PC 1203.097: lists the requirements of probation for cases where the victim is defined in Section 6211 of the Family Code
  • PC 1203.098: lists the requirements for training for those conducting batterer intervention programs
  • PC 1203.099: lists the pilot counties for batterer intervention programs that may have different requirements than those listed in PC 1203.098
  • PC 1203.1: describes terms of probation for certain offenses
  • PC 1203.1ab: describes cases where drug testing may be ordered as a term of probation
  • PC 1203.1bb: describes cases where ignition interlock device may be ordered and places financial responsibility on the offender
  • PC 1203.1d: discusses restitution and how it may be paid
  • PC 1203.1g: discusses restitution requirements when the conviction is for a sexual assault of a minor
  • PC 1203.1h: further information on restitution when the conviction is for a sexual assault of a minor
  • PC 1203.1j: discusses restitution when the victim is over 65 years of age
  • PC 1203.1k: states the court will determine the amount paid to the restitution fund not the probation officer
  • PC 1203.2: describes situations when an offender may be arrested without a warrant by the probation officer when the person is on probation, post release community supervision or mandatory supervision for a violation
  • PC 1203.3: states the court may modify, revoke or terminate probation of mandatory supervision and gives information on this process
  • PC 1203.35: describes how flash incarceration can be implemented for mandatory supervision cases
  • PC 1203.4: describes expungement
  • PC 1203.41: describes expungement for those convicted under PC 1170
  • PC 1203.49: describes relief in cases where offender is a victim of human trafficking
  • PC 1203.5: the appointment of chief probation officer
  • PC 1203.7: case documentation
  • PC 1203.7: probation officers may assign duties to deputy probation officers and they shall be peace officers
  • PC 1203.72: timelines for submission of court reports
  • PC 1203.73: expenses paid by the county for necessary expenditures by probation officer
  • PC 1203.74: the chief probation officer shall report to the court if there are insufficient funds to complete the tasks of the probation department
  • PC 1203.9: transfer of jurisdiction of a probationer’s case based on offenders county of residence
  • PC 1203.1: pre-sentence report
  • PC 1203.12: probation officer is to assure offender has terms and conditions in writing
  • PC 1203.14: probation may engage in activities to prevent adult delinquency; Probation may work with any adults in the community not just those on probation
  • PC 1203c: details what needs to be included in report probation send to the department of corrections when the offender is going to prison
  • PC 1203d: information regarding court report timelines and expectations regarding offender and victim seeing report
  • PC 1203e: information regarding facts of offense sheet in sex offender cases and timelines for probation to complete the form
  • PC 1203f: sex offenders who score high risk on sex offender risk assessment are expected to be on active supervision on a intensive supervision and specialized caseload
  • PC 1170: sentencing
  • PC 1170(h): new sentencing options as of 2011; some charges are no longer prison offenses and time is served locally and supervision will be by probation
  • PC 1170(h)(5): split sentences
  • PC 1170(5)(Bi): violations of mandatory supervision

Notes

Although the Welfare and Institutions Code uses the term ”minor” throughout its many code sections, California Probation Departments often use the term “youth”. Additionally, in Section 300 of the Welfare and Institutions Code, the term “child” is used and primarily refers to work being completed by the Social Service Agency and/or social worker. However, it is important to note that Probation Departments and probation officers also provide services under WIC 300.

In some sections of the Welfare and Institutions Code and Penal Code the relevant agency is not listed by its correct name. For instance, in WIC 284, it is listed as the (California) Youth Authority, which should reference the Division of Juvenile Justice. Additionally, in Sections PC 1203.03 and PC 1203c, it is listed as the Department of Corrections, when it is really referencing the California Department of Corrections and Rehabilitation.

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