AB 304 — Domestic violence: probation.

Summary

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 training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence. This bill would instead require the Judicial Council to establish judicial training programs for individuals, including judicial officers and referees, who perform duties in domestic violence or child custody matters, including, among other topics, child sexual abuse and coercive control, as specified. The bill would make findings and declarations in support of these provisions. By requiring a higher level of service from the courts, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Enrolled 09/18/23 - Enrolled Current pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 05/18/23 - Amended Assembly pdf May 18, 2023
• Introduced 01/26/23 - Introduced pdf January 26, 2023
• AB304 View text html

Action History

1. February 01, 2024

   Consideration of Governor's veto stricken from file.

2. January 03, 2024

   Consideration of Governor's veto pending.

3. October 08, 2023

   Vetoed by Governor.

4. September 20, 2023

   Enrolled and presented to the Governor at 4 p.m.

5. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3419.).

6. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

7. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 2663.).

8. September 11, 2023

   Read second time. Ordered to third reading.

9. September 08, 2023

   Read third time and amended. Ordered to second reading.

10. September 05, 2023

    Read second time. Ordered to third reading.

11. September 01, 2023

    Read second time and amended. Ordered returned to second reading.

12. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (September 1).

13. August 14, 2023

    In committee: Referred to APPR suspense file.

14. July 12, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 11). Re-referred to Com. on APPR.

15. June 14, 2023

    Referred to Com. on PUB S.

16. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1998.)

18. May 22, 2023

    Read second time. Ordered to third reading.

19. May 18, 2023

    Read second time and amended. Ordered returned to second reading.

20. May 18, 2023

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 18).

21. May 03, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

22. April 26, 2023

    In committee: Hearing postponed by committee.

23. March 14, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 14). Re-referred to Com. on APPR.

24. March 14, 2023

    Coauthors revised.

25. February 13, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

26. February 02, 2023

    Referred to Com. on PUB. S.

27. January 27, 2023

    From printer. May be heard in committee February 26.

28. January 26, 2023

    Read first time. To print.

Sponsors

• Min · Cosponsor
• Holden · Primary
• Tom Lackey · Cosponsor

Votes

Subjects