prop. 36

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Adult Services


Adult Investigation Services
The Adult Investigation Services Division provides direct criminal investigation services to the Superior Court in reports written by deputy probation officers. Reports are provided in the case of defendants who are awaiting a judgment of guilt or innocence (Pre-Plea reports) or who have been found guilty and are awaiting the Court's disposition of their case (Pre-Sentence Investigation reports).  These reports include factual summaries of the offense, the social and criminal history of the offender, the defendant's statement, the statement of the victim or other interested parties, restitution information and an evaluation of the offense and the offender.  Both Pre-Plea and Pre-Sentence reports include a discussion of the defendant's eligibility for probation (the law prohibits probation in some cases) and a recommendation as to whether or not probation should, in the department's opinion, be granted.  If probation supervision is recommended, appropriate Terms and Conditions are also suggested.  If a defendant has been sentenced to prison and a report has not previously been ordered, a Post-Sentence report is prepared to provide prison officials with the offense summary and criminal/social history of the offender they are receiving. 

Adult offenders are placed on probation by the Superior Court, typically for a three year period. Probation can range from one year (misdemeanors) to five years (most serious). The level of supervision each person receives is based upon an evaluation of the probationer's risk to the community and services needed.  Probationers who present the highest risk to the community are given the most intensive supervision.

Adults released on probation in the community may have spent some time in the County Jail as a condition of probation and may be required to participate in drug and alcohol programs, treatment programs, counseling, vocational training and/or job placement programs.  A probationer may be contacted by the supervising deputy probation officer at home, on the job or in the community. In addition, the probationer may be required to submit to drug/alcohol testing and to permit search of his or her personal property for contraband.  The payment of restitution to victims and/or fines and fees is also an important part of supervision caseloads.


Substance Abuse Crime Prevention Act (Prop 36)

Proposition 36, also known as the Substance Abuse Crime Prevention Act (SACPA), was passed by voters in November 2000, and intends to “divert from incarceration into community based substance abuse treatment programs nonviolent defendants, probationers and parolees charged with simple drug possession offenses”.  Those drug users charged with certain narcotic offenses are mandated to probation supervision and drug treatment.  Eligible offenders must participate in and complete a drug treatment program not exceeding 9 months with up to 3 additional months of aftercare treatment services.

Probation Officers initiate court action when terms of probation are violated, however, the primary emphasis of the Proposition 36 Officer is directed toward helping the probationer achieve sobriety and obtain employment, thereby becoming a productive member of the community.

Criminal Justice Realignment Act

In 2011, the Legislature passed and the Governor signed the Criminal Justice Realignment Act (CJRA). Under Penal Code section 1170(h), low-level felons are sentenced to county jail and/or supervision by the county probation department instead of state prison. CJRA has caused some confusion about voting rights among people who have criminal convictions. Pleae review the State website on who is eligible and who is not eligible to register to vote in California.