Organizational Structure, Staffing, and Funding

Counties can vary in how they structure their Probation Department but there are key similarities. Of the fifty-eight counties in California, all Probation Departments but one is led by a Chief Probation Officer who has oversight over adult probation, juvenile probation, juvenile detention facility, camps and ranches, and other juvenile commitment facilities. One county, San Francisco, has a separate Chief Probation Officer for adult probation and juvenile probation. Probation Departments are staffed by numerous classifications that perform various functions throughout the Department. All Probation Departments have multilayered hiring processes and training requirements. Funding for Probation Departments comes from a variety of sources, which vary in their requirements to publicly report how that money is spent.

Staff Roles in a Probation Department

Chief Probation Officer

The Chief Probation Officer is a probation officer who has been appointed to direct and supervise the operations of the county’s probation department. The Chief Probation Officer has oversight responsibility of all aspects of the Probation Department. Historically, most Chief Probation Officers were appointed by the superior court. However, now many are appointed by the board of supervisors while others are dually appointed by a combination of the superior court and the board of supervisors.

The Chief Probation Officer is responsible for caseload distribution, level of supervision, and staff assignments based on their approved budget. Most Probation Chiefs rely on a management team that assists in the daily functioning of the department.

Managers

The number of managers varies with the size of the county. Generally, there are managers over the adult and juvenile divisions of the department. Many counties also have an Assistant Chief Probation Officer who is able to step in during the absence of the Chief Probation Officer. An Assistant Chief may have supervision authority over other managers or supervisors.

Division managers have oversight over either the juvenile or adult divisions. Small counties may have a single manager over both divisions. These managers are responsible for the daily functioning of the division and will oversee the supervisors of that division. Any county that operates a juvenile detention facility is required to have a Juvenile Hall Superintendent. California law states that each board of supervisors have a suitable place for detention for youth who the court deems in need of that level of care. For counties that have a juvenile detention facility, the facility is under the supervision of the Chief Probation Officer but it is the Superintendent who oversees the day-to-day operations and ensures that staffing, training, safety, and security are maintained. Larger juvenile detention facilities may also have an assistant superintendent to assist with all these duties.

At the management level, many counties have an administrative manager who is responsible for personnel hiring, clerical staff, facility and office space, maintenance, and other resources that assist officers in completing their assignments. There may also be a fiscal manager, who is responsible for the fiscal operations of the Probation Department.

Supervisors

Supervisors in the Probation Department are responsible for a specific unit within one of the divisions. A supervisor’s duties include ensuring all staff in their unit receive initial and ongoing training, assist staff to understand their specific role in the unit, and complete personnel evaluations for each employee. This structure is designed to assist each Probation Department in carrying out their mission.

Probation Officers

The role of the probation officer is to investigate and supervise individuals who are placed on community supervision and oversee their rehabilitation. They are the fact finder for the court. They assess risk and needs of justice-involved individuals and provide interventions and programs designed to rehabilitate the individual. They assist victims through victim restitution and enforcement of court orders.

Having a probation officer in the courtroom gives the court immediate access to information and recommendations to the court. Counties have different ways of assigning these officers. Some counties have Court Probation Officers. Other counties have a court officer assigned from the court investigation unit.

In Juvenile Probation, there is a probation officer assigned to be in Juvenile Court when court is in session. They will be in court for Initial Hearings, Arraignments, Detention Hearings, Jurisdictional Hearings, Contested Jurisdictional Hearing, Dispositional Hearings, Review Hearings, and Violation of Probation Hearings. These officers are often the probation officer who does the court investigation and writes these reports. If there are further hearings needed that pertain to supervision, such as a Review Hearing or Violation of Probation Hearing, the supervision probation officer may take these cases to court and be the court officer for the cases on their caseload.

If a youth has been transferred to adult Criminal Court, some counties do not have a juvenile probation officer in the court. Since the case is in adult court, if there is a request for a Pre-Sentence Investigation Report, it is often investigated and written by an adult probation officer.

In Adult Probation, counties vary in which court proceedings the court officer will attend. They will attend the Violation of Probation hearing and may or may not attend Arraignments or Sentencing Hearings. Similar to Juvenile Probation, there may be a dedicated court officer to represent the Probation Department or various supervision officers will attend the hearing for the individuals on their caseload.

Probation officers who supervise individuals may start at the pretrial phase or may be assigned their case once the sentencing of the individual is complete. Supervision officers will monitor for completion of supervision terms and conditions and any rehabilitative programs ordered by the court. They will meet with the individual in their office but may also meet with them in their home or elsewhere in the community. Supervision officers may be authorized to carry a firearm. They may have a specialized caseload such as sex offenders, domestic violence, transitional age youth, or gangs. Most counties assign cases by risk level and need.

Juvenile Detention Officers

The juvenile detention officers who are assigned to juvenile detention facilities have the task of monitoring the safety and security of the youth and the facility. They are with the youth 24-hours a day. The officers will monitor movement in and between units. They may supervise the youth while they attend school. They will supervise the youth while they are on the units and monitor youth while they are in their rooms. Juvenile detention officers assist and supervise visitation, meal times, and recreational times. Some officers may provide programs while others oversee the youth while they attend programs. Officers complete bookings and releases. Some counties use probation officers to provide services to the youth in the juvenile detention facilities.

Probation Assistants

Some counties use probation assistants to complete tasks that do not require peace officer status. Some of these tasks may be clerical in nature such as phone calls to remind the individual of an appointment or court hearing. Another task may be to provide transportation. Some probation assistants are assigned to work directly with a probation officer on a specific caseload. Some may provide delinquency prevention services.

Fiscal Services

Depending on the size of the Probation Department, fiscal services may be performed ranging from one person to a unit to a completely separate division. However, despite the size, similar functions are required for the operations of a Probation Department. Staff are required to manage all fiscal operations including: developing contracts; processing payroll; tracking revenues; paying and tracking expenditures; procuring equipment; data collection; required reporting; fiscal oversight; composing Board Letters; monitoring contracts for fiscal and programmatic compliance; preparing budgets estimates and projections; and, grant reporting. These fiscal services functions are complex and multifaceted due to the variety of funding streams which include County general fund dollars, State and Federal funds, and a variety of grants. These funds all have special requirements and must be tracked and reported on separately.

Clerical Support

Depending on the size of the Probation Department, clerical support services may be performed ranging from one person to a unit to a division. However, despite the size, similar functions are required for the operations of a Probation Department. Staff are required to establish and maintain case files (either hard copy or electronically) for individuals on probation, process violations of probation, bench warrants, supplemental reports, and modifications to the court, scanning numerous documents into the case management system, processing reports for the court, and providing receptionist duties. Clerical support also compiles and submits mandated statistical reports to required agencies, such as the California Department of Justice or the Board of State and Community Corrections.

Analysts

Some Probation Departments have a variety of analysts (i.e., business analysts or management analysts) to perform analytics-based data studies in order to inform and support department planning and process improvement efforts. Analysts gather information and data necessary for the study of policies, procedures, and operations; assist in tabulating and charting data; and, assist in analyzing data gathered by statistical and other techniques. Using various electronic data analysis tools, analysts identify key performance indicators, design and conduct data queries, perform statistical and quantitative analyses, and utilize explanatory and predictive modeling to provide decision support for departmental programs and activities. Analysts also research and analyze laws, policies, and other regulatory requirements and changes and prepare reports of studies and recommendations as part of the department’s research and evaluation efforts.

Hiring Process

Because probation officers are peace officers, the hiring process is more complex than for most other county positions. Even non-sworn staff in a Probation Department will have to undergo a more intensive hiring process.

For juvenile detention staff and probation officers, the first step is passing a state test. This test is given by the county human resources department. In order to be eligible for interviewing for a probation officer or juvenile detention officer]] positions, the candidate must pass this test. Most counties then move to an interview process to create a county list for the position. Next steps are a background investigation and a psychological evaluation. Lastly, a physical is required. Some counties also require physically testing prior to hiring. Some counties will send all candidates to a background investigation while other counties only send the top candidates. Some counties conduct polygraph or voice stress tests as well.

Background Investigations: Probation officers and juvenile detention officers are peace officers under California Government Code 1031 and California Penal Code Section 830.5. Part of the hiring process for peace officers is the required background investigation. In some counties, non-sworn staff are also required to complete a background investigation although it may not be as thorough as one for a peace officer.

Counties may use a variety of staff, consultants, retired law enforcement officers, or contractors to conduct the background investigation. Each candidate for hire will complete a personal history statement. This is a very thorough report of the candidate.

• Personal information: This includes all names used by the candidate, date of birth, location of birth, addresses the candidate has lived, and physical description of the candidate.

• Family information: This includes information on the candidate’s parents, siblings, spouse, and children. During the interview portion of the investigation, the investigator will interview family members.

• Education: This includes high school graduation information including copies of a diploma, college information including transcripts, copies of diplomas, as well as post graduate transcripts and diplomas, if achieved.

• Employment and Experience: Most agencies will be looking at paid employment as well as volunteer experience. Included in the information are jobs held, dates of employment, and any employment issues, such as discipline or terminations. Also included is information about reasons for changes in employment.

• Financial: This includes information on monthly living expenses, current and past salaries, savings accounts, and any loan information. Candidates are required to disclose any foreclosures or filings of bankruptcy.

• Arrests and Convictions: In this section, the candidate must disclose any previous contact with law enforcement, any arrests, and convictions. This also includes any information about time in jail, placement on probation, and any expungements that may have been issued. In this legal section, there may also be questions about any other law enforcement contact, such as a witness to a crime or being the victim of a crime.

• Motor Vehicle information: This includes driver’s license information, liability insurance held, any accidents that occurred regardless of whether it was the fault of the candidate, and any tickets received by the candidate. If there were any suspensions of the candidate’s driver’s license, this will also need to be disclosed.

Following receipt of the personal history statement, the investigator will verify the information given and will conduct interviews to gain further insight into the candidate’s history and character. This process can take up to eight weeks to complete. The results of the background are given to the Chief Probation Officer or their designee.

Psychological Evaluation

Another element of the hiring process is the completion of a psychological evaluation. This part of the process is only given once a conditional job offer is made. Each Probation Department contracts with a licensed psychologist to conduct this evaluation. If the agency arms officers, there is an additional component of the psychological evaluation. The purpose of this evaluation is to ensure that any staff hired are mentally fit to hold a peace officer position. The candidate will meet with the psychologist and will be given a variety of psychological tests. Once the psychologist has a chance to review the test findings, they conduct an interview with the candidate. This is only part of the hiring process, however, if a candidate fails this portion, it is unlikely they will be considered for the position. Confidentiality of the results of the evaluation have been waived by the candidate and those results are given to the Chief Probation Officer or their designee.

Medical Exam

Each candidate must see a doctor arranged by the county to determine if the candidate meets the physical requirements of the job. Some counties will also conduct their own physical agility test to ensure the candidate can meet the needs of those under their care and to keep themselves and others safe. It is generally the final step of the hiring process.

Training

Probation Departments train staff based on requirements set by the Board of State and Community Corrections [1] (BSCC). Counties may request reimbursement for some training costs through BSCC’s Standard and Training for Corrections (STC). The BSCC updates training standards to stay current with new laws, evidence-based practices, and new job requirements.

Core Training

Probation Departments hire sworn staff in juvenile probation, adult probation, and juvenile detention, camps, ranches, and other commitment facilities. Each staff is required to complete core training within one year of hire. Probation Core takes 189 hours to complete. Juvenile Corrections Core is 168 hours of training time. Additionally, staff is required to complete 40 hours of peace officer training to qualify for peace officer status.

Probation Core includes the following sections: California criminal justice system, professionalism and ethics, communication, officer health and safety, maintaining security, booking, receiving and releasing, gangs, medical, supervision, cultural awareness, report writing and record keeping, transportation, testifying in court, case planning, evidence-based programs, behavioral health, and restraint techniques and defensive tactics.

Juvenile Corrections Core includes the following sections: California criminal justice system, professionalism and ethics, gangs, communication, maintaining security, booking, receiving and releasing, supervision of juveniles, medical, classification of juveniles, cultural awareness, report writing and record keeping, emergency procedures, visitation, screening and distribution of supplies and mail, transportation, testifying in court, evidence-based programs, assault and abuse, behavioral health, and defensive tactics and restraint techniques.

Both the Probation Core and Juvenile Corrections Core include tests that must be passed in order to complete the training. There are physical tests that also much be completed to ensure the officer is able to complete the physical aspects of these jobs.

If a probation officer or juvenile corrections staff is promoted to a supervisor position, an additional supervisor core must be completed. This is an 80 hour training. Those promoted into a management position will also complete an 80 hour manager training course.

Probation officers who are assigned to supervise youth who are in out-of-home placement are required to attend Juvenile Placement Core. Juvenile Placement Core trains probation officers on the aspects of the placement process once a youth is ordered into foster care placement by the court through case closure, including information about extended foster care. Juvenile Placement Core is 39.5 hours over six days.

Supervisor Placement Core training is designed for newly assigned placement unit supervisors and others in a leadership role in probation. This training encompasses all aspects of the Continuum of Care Reform. Some of the important aspects would include case planning, concurrent planning, family finding, permanency, Title IV-E mandates and information required through state and federal mandates such as the Child and Family Services Review. Supervisor Placement Core training is 24 hours.

PC 832 Peace Officer Training

PC 832 Peace Officer training is divided into two components. The first component, the arrest component, is a 40 hour class. The second component, the firearms training component, is a 24 hour class. These components are broken into 14 areas of study. These include: leadership, professionalism and ethics, criminal justice system, policing in the community, introduction to criminal law, criminal arrest, search and seizure, presentation of evidence, investigative report writing, use of force, crime scenes, evidence and forensics, arrest and control, firearms and chemical agents, crimes against the justice system, and cultural diversity and discrimination. Not all officers carry a firearm. No officer shall carry a firearm without the completion of this training and the approval of the Chief Probation Officer.

Department Trainings

Core trainings are meant to be introductory training and once an officer completes core training, there are still training requirements in each Probation Department. Each department has policy and procedures that must be learned by the new officer. Additionally, new officers need to be trained on the department’s case management system, court report formats, court requirements, and county processes. New officers need to be familiar with the county’s law enforcement partners, county partners such as health and human services, and community-based organizations.

Annual Trainings

There is an annual requirement for on-going training. Probation officers are required to complete 40 hours of training each year. Each department is required to assure staff meet this requirement. They are also responsible for assigning the topics for training each year. This training may be specialized training based on caseload assignment such as sex offender treatment, gangs, mental health, substance abuse issues, trauma-informed, adolescent youth development, or gender-based trainings. Other trainings may be renewal of trainings such as First Aid and CPR. Each county prepares a staff training plan and submits that plan to the Board of State and Community Corrections (BSCC). The BSCC also provides oversight and certification of new training courses.

Juvenile Detention Officers must complete 24 hours of training each year. Juvenile detention officers, who are in a supervisory capacity, must complete 40 hours of annual training per year. These trainings are also approved by the BSCC and are designed to enhance staff’s ability to work with the youth in custody. Trainings such as evidence-based programs and cognitive behavior program facilitator trainings can assist staff to provide programs. Other trainings such as CPR and First Aid are conducted annually.

Field Training

Officers who are assigned to duties in the field will complete field training. Field training for probation officers generally occurs within the officer’s Probation Department. Senior officers who have completed a field training officer course will provide this training. The training includes working with other law enforcement agencies, field safety, searches, evidence collection, report writing, arrests, and defensive tactics. Trainings are conducted as scenarios as well as field work with a trainer.

Funding

Probation Departments receive funding from a variety of sources. These include county, state, and federal funds as well as public and private grants. The following are examples of common funding streams received by Probation Departments but is not an exhaustive list.

County General Fund

The primary source of funding for Probation Departments is the county general fund. Counties are responsible for funding basic services provided by the Probation Department. Budget instructions for each year are provide by the County Administrator’s Office. Probation Departments may submit supplemental budget requests if current funding does not meet what services are provided. These may be approved by the County Administrator outside of the budget process or may have to be approved by the Board of Supervisors during budget hearings. The final departmental budget must be approved by the Board of Supervisors each year. Some counties complete two-year budgets.

In some counties, salary increases due to step raises or negotiated contracts as well as benefit increases are included in the Probation Department’s budget for the new fiscal year. In other counties, the Probation Department has to fund those increases within the existing budget.

Juvenile Justice Crime Prevention Act

The Juvenile Justice Crime Prevention Act (JJCPA) was created by the Crime Prevention Act of 2000 (Chapter 353) to provide a stable funding source for local juvenile justice programs aimed at curbing crime and delinquency among at-risk youth and juvenile in the justice system. JJCPA funds are available to address a continuum of responses including prevention, intervention, supervision, and detention. State law requires JJCPA-funded programs be modeled on strategies that have demonstrated effectiveness in curbing juvenile delinquency. Beyond that, counties have discretion in how they use JJCPA funds to support and enhance their juvenile justice continuum. Local officials and stakeholders determine where to direct resources through an interagency planning process, referred to as the Juvenile Justice Coordinating Council. The State Controller’s Office distributes the appropriated JJCPA funds to counties based on population. Local agencies and community-based organizations deliver programs and services.

Youthful Offender Block Grant

The Youthful Offender Block Grant Program was established in 2007 by Senate Bill 81 and was amended in 2009 by SBX4 13. In 2016, further amendments were made by Assembly Bill 1998. The YOBG program, sometimes known as “juvenile realignment,” realigned certain youth in California’s juvenile justice population from state to county supervision. YOBG provisions prohibit counties from sending certain lower-level youth to the California Department of Corrections and Rehabilitation [2], Division of Juvenile Justice (DJJ). As provided by statute, “allocations from the Youthful Offender Block Grant Fund shall be used to enhance the capacity of county probation, mental health, drug and alcohol, and other county departments to provide appropriate rehabilitative and supervision services to youthful offenders subject [to the provisions of SB 81].” Within these general guidelines, counties have flexibility in how they use YOBG funds and counties use these funds to tailor programs that fit local needs and priorities.

Juvenile Probation Camps Funding

The Juvenile Probation Camps Funding Program (JCPF) replaced the Comprehensive Youth Services Act, which provided federal dollars to county Probation Departments, beginning in 1997-1999, through the Temporary Assistance for Needy Families (TANF) program. Counties used these federal dollars to fund services and programs across the continuum of options, from prevention and early intervention through custody.

All funds allocated to counties through the JPCF Program are intended to support the delivery of services authorized by the enabling legislation. There are 23 categories of services eligible for expenditures per Section 18221 of the Welfare and Institutions Code. The juvenile probation portion of this program is administered by the State Controller’s Office (SCO) while the camp funding portion of this program is administered by the Board of State and Community Corrections (BSCC).

Foster Care Funding/Title IV-E

Title IV-E provides federal reimbursements to county Probation Departments for a variety of services related to serving foster youth, Some are related to administrative activities for youth identified to be at imminent risk of removal from the family home, but most funds are for youth ordered into foster care. These funds are a combination of state general fund, federal Title IV-E and local county realignment (LCF) funding. This funding covers both mandates as a result of the Families First Prevention Services Act (FFPSA)[3] federal law passed in 2018 as well as the Continuum of Care Reform, signed into law in 2017, which seeks better and more appropriate residential care options for foster youth with an emphasis on home-based family care. Funded CCR activities include Child and Family Teams, Resource Family Approval, and Second Level Reviews. FFPSA funded activities include duties related to referrals to the qualified individual, court related duties, and aftercare services.

Juvenile Reentry Grant

The Juvenile Reentry Grant (JRG) program was established to provide local supervision for youth in the justice system who are discharged from the custody of the Division of Juvenile Justice. Specifically, the JRG is intended to reimburse county Probation Departments for the costs associated with housing youth (including the costs of supervision, programming, education, and detention) following release from the Division of Juvenile Justice (DJJ).

Edward Byrne Memorial Justice Assistance Grant

The Edward Byrne Memorial Justice Assistance Grant (JAG) program is the leading source of federal justice funding to state and local jurisdictions. In honor of Police Officer Edward Byrne, a major U.S. Department of Justice initiative was funded. The Department’s Bureau of Justice Assistance[ https://bjs.ojp.gov] (BJA) administers the program, which allows for a broad range of activities to prevent and control crime and to improve the justice system. The JAG Program provides states, tribes, and local governments with critical funding necessary to support a range of program areas including law enforcement, prosecution, indigent defense, courts, crime prevention and education, corrections and community corrections, drug treatment and enforcement, planning, evaluation, technology improvement, and crime victim and witness initiatives and mental health programs, including behavioral programs and crisis intervention teams. Various Probation Departments receive Byrne JAG Program funding.

County-Based Medi-Cal Administrative Activities

County-Based Medi-Cal Administrative Activities (CMAA) became a Medi-Cal program on January 1, 1995 pursuant to Section 14132.47 of the Welfare and Institutions Code. Local Governmental Agencies (LGAs) participating in the CMAA program are eligible to receive federal reimbursement for the cost of performing administrative activities that directly support efforts to identify and enroll potential eligible individuals into Medi-Cal. Through the CMAA program, the California Department of Health Care Services [4] and individual county agencies promote access to health care for clients in the county public health system, minimize health care costs and long-term health care needs for at-risk populations, and coordinate client health care needs with other health care providers. CMAA activities include, but are not limited to, conducting Medi-Cal outreach, facilitating Medi-Cal eligibility determinations, Medi-Cal program planning, and Medi-Cal contract administration. Various Probation Departments participate in the County-Based Medi-Cal Administrative Activities (CMAA) program.

Standards and Training for Corrections

The Standards and Training for Corrections (STC) program, established in 1980, is a division of the BSCC [5]. The purpose of the STC program is to raise the level of competence of the state's local corrections and probation personnel. The program accomplishes this by developing selection and training standards, providing a course certification and delivery system, technical assistance and support, and training to local corrections agencies statewide. In addition, participating agencies are allocated subvention funding through the STC program. Counties and cities participate in the STC program voluntarily. Through their participation, agencies receive STC support and subvention funding, and agree to follow all program regulations, policies, and procedures. Local corrections agencies participating in the STC program may use this state funding to help pay course tuition costs in addition to other allowable expenses. Participating agencies use their STC allocation for four basic expenditure categories: tuition, per diem, travel, and staff replacement costs for trainees.

The California Community Corrections Performance Incentives Act of 2009

The California Community Corrections Performance Incentives Act of 2009 is also known as Senate Bill (SB) 678. SB 678 establishes a system of performance-based funding Probation Officer(s): A government employee of the county probation department who is a trained peace officer. The role of a probation officer is to provide information and written reports to the judge as well as provide monitoring and supervision of individuals as required by the juvenile court or adult criminal court that shares state General Fund savings with county probation departments that reduce their probation failure rate. At the end of each calendar year, the California Department of Finance [6] (DOF) determines each Probation Department’s SB 678 funding allocation based on each county’s performance as described above.

County Probation Departments must spend SB 678 funds on the implementation or enhancement of evidence-based practices, including, but not limited to risk and needs assessment, use of graduated sanctions, and provision of evidence-based treatment modalities such as cognitive behavioral therapy.

Public Safety Realignment Act

In an effort to address overcrowding in California’s prisons and assist in alleviating the State’s financial crisis, the Public Safety Realignment Act (Assembly Bill 109) was signed enacted in 2011. AB 109 transferred responsibility for supervising specified lower-level inmates and parolees from the California Department of Corrections and Rehabilitation to counties. As part of AB 109, each county was required to write a Public Safety Realignment Plan as outlined in Penal Code 1230.

Post Release Community Supervision Mitigation Funding

Post Release Community Supervision (PRCS) Mitigation Funding is appropriated directly to Probation Departments to mitigate the workload related to PRCS offenders as a result of Proposition 57.[7]

Community Corrections Partnership Implementation Grant

Counties are eligible to receive Community Corrections Partnership (CCP) Grants if they submit a report to the Board of State and Community Corrections annually that provides information about the implementation of the Community Corrections Partnership plan accepted by the County Board of Supervisors pursuant to Section 1230.1 of the Penal Code.