Regulations and Oversight

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In addition to the various statutes contained in the California Government Code, Welfare and Institutions Code, and Penal Code, there are also various regulations the Probation Department must follow in the operation of juvenile and adult probation services. Additionally, there are numerous agencies that provide direct oversight to Probation Departments to ensure they are abiding by various statutes, rules, and regulations.

Regulations

Probation Departments must follow the following regulations:

Division 31 of the Child Welfare Services Manual:

  • For youth in out-of-home placement, probation staff must follow the California Department of Social Services (CDSS), Division 31 of the Child Welfare Services Manual.

Title 15 of the California Code of Regulations:

  • Any Probation Department that operates a juvenile hall, camp, or ranch, must follow Title 15 Minimum Standards for Juvenile Facilities of the California Code of Regulations.

Title 24 of the California Building Standards Code:

  • Any Probation Department that is planning and designing a juvenile facility must follow Title 24 Minimum Standards for Juvenile Facilities in the California Building Standards Code.

Oversight

There are a variety of entities that provide oversight regarding the operations of a Probation Department. These various entities include county, state, and federal agencies, boards, and commissions, as well as public and private grantors. Probation Departments work closely with each of these oversight entities to ensure compliance with all relevant statutes, rules, and regulations.

County Agencies: Regardless of whether a Chief Probation Officer is appointed by the Superior Court or the county Board of Supervisors, the county is responsible for approving the budget and providing general fund dollars for the operations of the Probation Department. As such, the Chief Probation Officer is accountable to the County Administrator as well as the Board of Supervisors. All budgetary matters as well as various reports must be presented to, and receive approval from, the Board of Supervisors at regularly scheduled board meetings. The Chief Probation Officer works with the County Administrator regarding operations as well as upcoming legislation and possible impacts to the Probation Department.

In addition, various county departments provide oversight and guidance to Probation Departments. These departments and divisions may vary by county:

Additionally, the county building inspector or person designated by the Board of Supervisors to approve building safety is responsible for completing an annual inspection of all county juvenile halls, camps, and ranches. This inspection is included as part of the biennial inspection by the Board of State and Community Corrections.

Superior Court: Regardless of whether a Chief Probation Officer is appointed by the Superior Court or the county Board of Supervisors, the Probation Department functions as an arm of the court. Therefore, the Presiding Judge of the Superior Court as well as the Presiding Judge of the Juvenile Court have some oversight responsibility over the Probation Department. There are also times when the bench will make requests that have budgetary implications within a Probation Department. In some instances, when there are significant budgetary implications, the Chief Probation Officer may have to work with the County Administrator about the request to see if additional funding can be granted or funds can be moved between line items or across department budgets. Throughout the State of California, the level of reporting by Probation to the court can vary depending on various factors. The Presiding Judge of the Juvenile Court is responsible for completing an annual inspection of all county juvenile halls, camps, and ranches. This inspection is included as part of the biennial inspection by the Board of State and Community Corrections.

Per Rule 10.952 of the California Rules of Court, the supervising judge or, if none, the presiding judge must designate judges of the court to attend regular meetings to be held with the District Attorney; Public Defender; representatives of the local bar; Probation Department; State Parole, Sheriff’s Office, police departments, and Forensic Conditional Release Program (CONREP); county mental health director or his or her designee; county alcohol and drug program director or his or her designee; court personnel; and other interested persons to identify and eliminate problems of mutual concern. This oversight committee holds agencies accountable to all stakeholders regarding court matters. These meetings might be held monthly or quarterly.

Board of State and Community Corrections

The Board of State and Community Corrections (BSCC) was established in statute effective July 1, 2012 to serve as an independent body providing leadership and technical assistance to the adult and juvenile criminal justice systems. A central part of its mission is to oversee prison and public safety realignment.

The BSCC’s history dates to 1944 when the Board of Corrections (BOC) was established as part of a system-wide reorganization to improve prison conditions and centralized management. In 2004, the Corrections Standards Authority (CSA) replaced the BOC within the California Department of Corrections and Rehabilitation (CDCR).

The independent BSCC is vested with the rights, powers, authorities and duties to set standards for the training of county corrections and probation officers. It also has a mission to improve public safety through cost-effective promising practices and evidence-based strategies and programs that manage and rehabilitate the statewide criminal and juvenile justice populations. Statutes relating to authority, programs and mandates are in the California Penal and Welfare and Institutions Codes, with operating regulations in Title 15 of the California Code of Regulations and physical plant regulations in Title 24 California Building Standards Code.

Penal Code Section 6031.2 requires the Board of State and Community Corrections to submit, by the end of even-numbered years, a report to the legislature showing results of its community corrections facility inspections and monitoring of compliance with training standards. The BSCC conducts annual audits to ensure all training mandates are met for probation officers and juvenile detention officers. The BSCC also conducts a biennial inspection on all juvenile halls, camps, and ranches.

In Section 1313 of the Title 15 regulations, verified as part of the biennial inspection of all juvenile halls, camps, and ranches by the BSCC, the following inspections and evaluations are required on an annual basis, or as otherwise required by law:

  • County building inspector or person designated by the Board of Supervisors to approve building safety;
  • fire authority having jurisdiction, including a fire clearance as required by Health and Safety Code Section 13146.1(a) and (b);
  • local health officer, inspection in accordance with Health and Safety Code Section 101045;
  • county superintendent of schools on the adequacy of educational services and facilities as required in Section 1370;
  • juvenile court as required by Section 209 of the Welfare and Institutions Code; and,
  • the Juvenile Justice Commission as required by Section 229 of the Welfare and Institutions Code or Probation Commission as required by Section 240 of the Welfare and Institutions Code.

Juvenile Justice Commission/Probation Commission

Per Section 229 of the Welfare and Institutions Code, it shall be the duty of a Juvenile Justice Commission to inquire into the administration of the juvenile court law in the county or region in which the commission serves. For this purpose the commission shall have access to all publicly administered institutions authorized or whose use is authorized by this chapter situated in the county or region, shall inspect such institutions no less frequently than once a year, and may hold hearings. A judge of the juvenile court shall have the power to issue subpoenas requiring attendance and testimony of witnesses and production of papers at hearings of the commission.

A Juvenile Justice Commission shall annually inspect any jail or lockup within the county which in the preceding calendar year was used for confinement for more than 24 hours of any youth. It shall report the results of such inspection together with its recommendations based thereon, in writing, to the juvenile court and to the Board of State and Community Corrections.

Per Section 240 of the Welfare and Institutions Code, in counties having a population in excess of 6,000,000, in lieu of a county Juvenile Justice Commission, there shall be a Probation Commission consisting of not less than seven members who shall be appointed by the same authority as that authorized to appoint the Chief Probation Officer in that county.

Delinquency Prevention Commission

Per Section 233 of the Welfare and Institutions Code, the Board of Supervisors may by ordinance provide for the establishment, support, and maintenance of a Delinquency Prevention Commission, composed of not fewer than seven citizens, to coordinate on a countywide basis the work of those governmental and non-governmental organizations engaged in activities designed to prevent juvenile delinquency. If the board so elects, it may designate the Juvenile Justice Commission, or any other committee or council pursuant to Section WIC 232 or WIC 235 to serve in such capacity. In most counties, the Juvenile Justice Commission and the Delinquency Prevention Commission are combined to form the Juvenile Justice Delinquency Prevention Commission (JJDPC).

Civil Grand Jury: The duty of a Civil Grand Jury is to address citizens’ concerns regarding the operation of local government entities. Depending on the jurisdiction, there is a specified number of citizens who serve for a prescribed term (typically one to two years). Grand jurors examine and investigate local governmental activities occurring within a county. The responsibilities of the Civil Grand Jury encompass the examination of all aspects of county government, including school and special assessment districts, to ensure that the duty is being governed lawfully, efficiently, and that public monies are being handled appropriately. The Civil Grand Jury may conduct investigations of public agencies and the administration and affairs of any city within the county.

In most counties, the Civil Grand Jury will meet with the Probation Department on an annual basis to gain an understanding of the services provided by the department. They will also inquire into and investigate any other matters of interest that arise involving the Probation Department.

Section 919 of the Penal Code states: the Civil Grand Jury shall inquire into the condition and management of the public prisons within the county. Although, not explicitly stated in code, the Civil Grand Jury will also conduct an annual inspection into juvenile halls, camps, and ranches.

When the Civil Grand Jury submits the final annual report with its findings and Grand Jury recommendations to the Presiding Judge of the Superior Court, the Probation Department and the county Board of Supervisors also receive a copy.

Section 933 of the Penal Code mandates specific requirements for responding to Civil Grand Jury reports. Respondents must specify one of three options: 1) respondent agrees with finding; 2) respondent disagrees wholly with finding; or, 3) respondent disagrees partially with finding. If option 2 or 3 is used, the response must specify the portion of the disputed finding along with a clear explanation.

In response to the recommendations, the respondent must specify one of four options: 1) recommendation has been implemented; 2) recommendation has not been implemented but will be implemented, noting a timeframe; 3) recommendation requires further analysis or study noting a timeframe not to exceed six months from the date the grand jury report was issued; or 4) recommendation will not be implemented because it is not warranted or reasonable, with an explanation.

The governing body of any public agency (Board of Supervisors) must respond within ninety days from the release of the report to the public. All elected officers or heads of agencies/departments (Chief Probation Officer) are required to respond within sixty days of the release of the report to the public.

California Department of Social Services: County Probation Departments are a federally recognized Title IV-E agency and as such are able to claim federal reimbursements for specified administrative work as it relates to serving candidates for foster care and foster youth (including youth in extended foster care). The California Department of Social Services (DSS) monitors Probation Departments’ Title IV-E compliance with federal regulations and has the oversight responsibility for Title IV-E. Additionally, DSS is responsible for Probation Departments’ compliance with all the Division 31 requirements of the Child Welfare Services Manual. As part of its compliance and oversight, DSS will review case files and claiming practices.

The Office of Youth and Community Restoration: Senate Bill 823 established the Office of Youth and Community Restoration (OYCR) in the California Health and Human Services Agency on July 1, 2021. To be eligible for funding, county Probation Departments shall create a subcommittee of the multiagency Juvenile Justice Coordinating Council, as described by Section 749.22 WIC, to develop a plan describing the facilities, programs, placements, services, supervision, and strategies that are needed to provide appropriate rehabilitation and supervision service for the population described in subdivision (b) of Section 1990. This plan must be filed with the OYCR on an annual basis. The OYCR shall review the plan to ensure the plan contains all the elements required and may return the plan to the county for revision as necessary prior to final acceptance of the plan. The OYCR shall prepare and make available to the public on its internet website a summary and a copy of the annual county plans.

Other examples of the responsibilities and authority of the OYCR:

  • Once data becomes available as a result of the plan developed to Section 13015 of the Penal Code, develop a report on youth outcomes in the juvenile justice system.
  • Identify policy recommendations for improved outcomes and integrated programs and services to best support delinquent youth.
  • Identify and disseminate best practices to help inform rehabilitative and restorative youth practices, including education, diversion, re-entry, religious and victims’ services.
  • Provide technical assistance as requested to develop and expand local youth diversion opportunities to meet the varied needs of the delinquent youth population, including but not limited to sex offender, substance abuse, and mental health treatment.
  • Report annually on the work of the Office of Youth and Community Restoration.
  • The office shall have an ombudsman that has the authority to investigate complaints, refer complaints to another body for investigation, resolve complaints, and publish and provide regular reports to the Legislature.
  • The Office of Youth and Community Restoration shall evaluate the efficacy of local programs being utilized for realigned youth. No later than July 1, 2025, the office shall report its findings to the Governor and the legislature.
  • Juvenile grants shall not be awarded by the Board of State and Community Corrections without the concurrence of the office. All juvenile justice grant administration functions in the Board of State and Community Corrections shall be moved to the office no later than January 1, 2025.

Public and Private Grants

Probation Departments receive a significant amount of funding through outside revenue sources, including grants from government agencies as well as private foundations. Regardless of the funding stream, each grantor has various grant requirements that must be adhered to in order to receive continued funding. These grant requirements include budget expenditures, outcome measures, program narratives, challenges, and successes and are contained in quarterly and/or annual progress reports. Grantors will perform regular audits to ensure funding is being appropriately used in the manner in which it was intended.

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