(ii) For any order to pay a fine, to make payments to a domestic violence shelter-based program, or to pay restitution as a condition of probation under
this subdivision, the court shall make a determination of the defendant’s ability to pay. Determination of a defendant’s ability to pay may include their future earning capacity. A defendant shall bear the burden of demonstrating lack of their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. When the injury to a married person is caused, in whole or in part, by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, as required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse, until all separate
property of the offending spouse is exhausted.
(12) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, is not benefiting from counseling, or has engaged in criminal conduct, upon request of the probation officer, the prosecuting attorney, or on its own motion, the court, as a priority calendar item, shall hold a hearing to determine whether further sentencing should proceed. The court may consider factors, including, but not limited to, any violence by the defendant against the former or a new victim while on probation and noncompliance with any other specific condition of probation. If the court finds that the defendant is not performing satisfactorily in the assigned program, is not benefiting from the program, has not complied with a condition of probation, or has engaged in criminal conduct, the court shall terminate the defendant’s
participation in the program and shall proceed with further sentencing.
(b) If a person is granted formal probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, in addition to the terms specified in subdivision (a), all of the following shall apply:
(1) (A) The probation department shall make an investigation and take into consideration the defendant’s age,
sexual orientation, gender identity, financial means, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterer’s program program or, if none is available, another appropriate counseling program, would be appropriate for the defendant. This information shall be provided to the batterer’s program if it is requested. The probation department shall also determine which community programs the defendant would benefit from and which of those programs would accept the defendant. The probation department shall
report its findings and recommendations to the court.
(B) The probation department shall promptly notify each program in which the defendant is required to participate as part of probation of both of the following:
(i) All of the other court-mandated programs in which the defendant is required to participate.
(ii) All of the defendant’s probation violations pertaining to a domestic violence offense.
(2) (A) The court shall advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendant’s mistake or excusable neglect. Application for this relief shall be filed within 20 court days of the missed deadline. This time limitation may not be extended. A copy of any application for relief shall be served on the office of the prosecuting attorney.
(B) The court shall provide each defendant with a selection of available program providers, including the program providers’ standard
fees and sliding fee scales, before the defendant agrees to the conditions of probation.
(3) After the court orders the defendant to a batterer’s program, program or, if none is available, another appropriate counseling program, the probation department shall conduct an initial assessment of the defendant, including, but not limited to, all of the following:
(A) Social, economic, and family background.
(B) Education.
(C) Vocational achievements.
(D) Criminal history.
(E) Medical history.
(F) Substance abuse history.
(G) Consultation with the probation officer.
(H) Verbal consultation with the victim, only if the victim desires to participate.
(I) Assessment of the future probability of the defendant committing murder.
(4) The probation department shall attempt to notify the victim regarding the requirements for the defendant’s participation in the batterer’s program, program or, if none is available, another appropriate
counseling program, as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(c) The court or the probation department shall refer defendants only to batterer’s programs
programs or, if none are available, other appropriate counseling programs, that follow standards outlined in paragraph (1), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department
The Department of Justice shall design and implement an approval and renewal process for batterer’s programs and counseling programs and shall solicit input from criminal justice agencies and domestic violence victim advocacy programs.
(1) The goal of a batterer’s program or other appropriate counseling program under this section shall be to stop domestic violence. A batterer’s
program shall consist of the following components:
(A) Strategies to hold the defendant accountable for the violence in a relationship, including, but not limited to, providing the defendant with a written statement that the defendant shall be held accountable for acts or threats of domestic violence.
(B) A requirement that the defendant participate in ongoing same-gender group sessions.
(C) An initial intake that provides written definitions to the defendant of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.
(D) Procedures to inform the victim regarding the requirements for the defendant’s participation in the intervention program as well as regarding available victim
resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(E) A requirement that the defendant attend group sessions free of chemical influence.
(F) Educational programming that examines, at a minimum, gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
(G) A requirement that excludes any couple counseling or family counseling, or both.
(H) Procedures that give the program the right to assess whether or not the defendant would benefit from the program and to refuse to enroll the defendant if it is determined that the defendant would not benefit from the program, so long as the refusal is not
because of the defendant’s inability to pay. If possible, the program shall suggest an appropriate alternative program.
(I) Program staff who, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law, and procedures of the legal system.
(J) Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers.
(K) A requirement that the defendant enter into a written agreement with the program, which shall include an outline of the contents of the program, the attendance requirements, the requirement to attend group sessions free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the
defendant is not benefiting from the program or is disruptive to the program.
(L) A requirement that the defendant sign a confidentiality statement prohibiting disclosure of any information obtained through participating in the program or during group sessions regarding other participants in the program.
(M) Program content that provides cultural and ethnic sensitivity.
(N) A requirement of a written referral from the court or probation department prior to permitting the defendant to enroll in the program. The written referral shall state the number of minimum sessions required by the court.
(O) Procedures for submitting to the probation department all of the following uniform written responses:
(i) Proof of enrollment, to be submitted to the court and the probation department and to include the fee determined to be charged to the defendant, based upon the ability to pay, for each session.
(ii) Periodic progress reports that include attendance, fee payment history, and program compliance.
(iii) Final evaluation that includes the program’s evaluation of the defendant’s progress, using the criteria set forth in subparagraph (A) of paragraph (10) of subdivision (a), and recommendation for either successful or unsuccessful termination or continuation in the program.
(P) (i) A sliding fee schedule based on the defendant’s ability to pay. The batterer’s program
program or counseling program shall develop and utilize a sliding fee scale that recognizes both the defendant’s ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant has the present ability to pay the fee. The fee shall be paid during the term of probation unless the program sets other conditions. The acceptance policies shall be in accordance with the scaled fee system.
(ii) Program providers shall post
publically, including on an internet website, a comprehensive description of their sliding fee scale.
(2) The court shall refer persons only to batterer’s programs
programs, or if none are available, other appropriate counseling programs, that have been approved by the probation department
Department of Justice pursuant to paragraph (5). The probation department
Department of Justice shall do both of the following:
(A) Provide for the issuance of a provisional approval, provided that the applicant is in substantial compliance with applicable laws and regulations and an urgent need for approval exists. A provisional approval shall be considered an authorization to provide services and shall not be considered a vested right.
(B) If the probation department Department of Justice determines that a program is not in compliance with standards set by the department, the department shall provide written notice of the noncompliant areas to the program.
program provider. The program provider shall submit a written plan of corrections within 14 days from the date of the written notice on noncompliance. A plan of correction shall include, but not be limited to, a description of each corrective action and timeframe for implementation. The department shall review and approve all or any part of the plan of correction and notify the program provider of approval or disapproval in writing. If the program provider fails to submit a plan of correction or fails to implement the approved plan of correction, the department shall consider whether to revoke or suspend approval and, upon revoking or suspending
approval, shall have the option to cease referrals of defendants under this section.
(3) No A program, regardless of its source of funding, shall
not be approved unless it meets all of the following standards:
(A) The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions.
(B) Supervision of the defendant for the purpose of evaluating the person’s progress in the program.
(C) Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program or for the successful completion of the program as ordered. The program provider shall notify the court and the probation
department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program provider determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.
(D) No A victim shall not be compelled to participate in a program or counseling, and no
a program may shall not condition a defendant’s enrollment on participation by the victim.
(4) In making referrals of indigent defendants to approved batterer’s programs, or if none are available, other appropriate counseling programs, the probation department shall apportion these referrals evenly among the approved programs.
(5) The probation department
Department of Justice shall have the sole authority to approve a batterer’s program or counseling program for probation. The program shall be required to obtain only one approval but shall renew that approval annually.
(A) The procedure for the approval of a new or existing program shall include all of the following:
(i) The completion of a written application containing necessary and pertinent information describing the applicant program.
(ii) The demonstration by the program
provider that it possesses adequate administrative and operational capability to operate a batterer’s treatment program or counseling program. The program provider shall provide documentation to prove that the program has conducted batterer’s programs or counseling programs for at least one year prior to application. This requirement may be waived under subparagraph (A) of paragraph (2) if there is no existing batterer’s program in the city, county, or city and county.
(iii) The onsite review of the program,
program provider, including monitoring of a session to determine that the program adheres to applicable statutes and regulations.
(iv) The payment of the approval fee.
(B) The probation department
Department of Justice shall fix a fee for approval not to exceed two hundred fifty dollars ($250) and for approval renewal not to exceed two hundred fifty dollars ($250) every year in an amount sufficient to cover its costs in administering the approval process under this section. No A fee shall not be charged for the approval of local governmental entities.
(C) The probation department Department of Justice has the sole
authority to approve the issuance, denial, suspension, or revocation of approval and to cease new enrollments or referrals to a batterer’s program or counseling program under this section. The probation department
Department of Justice shall review information relative to a program’s performance or failure to adhere to standards, or both. The probation department Department of Justice may suspend or revoke an approval issued under this subdivision or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by probation, the department, including, but not limited to, either of the following:
(i) Violation of this section by any person holding approval or by a program employee
in a program under this section.
(ii) Misrepresentation of any material fact in obtaining the approval.
(6) For defendants who are chronic users or serious abusers of drugs or alcohol, standard components in the program shall include concurrent counseling for substance abuse and violent behavior, and in appropriate cases, detoxification and abstinence from the abused substance.
(7) The program provider shall conduct an exit conference that assesses the defendant’s progress during the defendant’s participation in the batterer’s program or counseling program.
(d) An act or omission relating to the approval of a batterer’s treatment programs
or counseling programs under paragraph (5) of subdivision (c) is a discretionary act pursuant to Section 820.2 of the Government Code.
(e) The Department of Justice, beginning on April 1, 2024, shall oversee the probation departments and program providers to ensure compliance with state law. The department shall be responsible for all of the following:
(1) Collaborating with the Judicial Council and relevant stakeholders to set program provider standards.
(2) Approving, monitoring, and
renewing approvals of program providers.
(3) Conducting periodic audits of probation departments and program providers to ensure compliance with this section.
(4) Developing comprehensive, statewide standards through regulations, including, but not limited to:
(A) Program provider curricula.
(B) Training for social workers,
counselors, probation departments, peace officers, and others involved in the enforcement of domestic violence crimes or the monitoring or rehabilitation of individuals convicted of domestic violence crimes in all aspects of domestic violence, including, but not limited to:
(i) Implicit and explicit bias related to victims and perpetrators of domestic violence.
(ii) Trauma and emotional abuse.
(iii) Coercive control.
(iv) Victim and perpetrator behavior patterns and relationship dynamics within the cycle of violence.
Identifying
(5) Identifying and developing a comprehensive final assessment tool to assess whether a defendant has satisfactorily completed the requirements of a program.
Analyzing
(6) Analyzing the effectiveness of programs, including, but not limited to, thorough the tracking of relevant offender and program data.
By
(f) By April 1, 2024, the Judicial Council shall establish guidelines and training for judges to ensure the consistent adjudication of probation violations.
(1)For
(g) (1) For purposes of this section, “program provider” means a provider of a batterer’s program, as defined in subdivision (c), or if none is available, another appropriate counseling program.
Program
(2) Program provider does not include alcohol or drug counseling or alcohol and drug programs identified in subparagraph (C) of paragraph (10) of subdivision (a).