New Laws Hard to Swallow for Probation

Chief Probation Officer Chuck Henson addresses the board

LOYALTON — During an agenda item at Tuesday’s Board of Supervisors meeting, Chief Probation Officer Chuck Henson summarized many new California laws affecting his department. The laws are heavily influenced by Governor Newsom’s platform, which takes a critical view of law enforcement. Still, some provide protection and resources for crime victims, a sentiment probation supports. Henson separated the laws into adult and juvenile categories.

Adult

• AB 443 — Peace Officer Bias Conduct Investigations: Law enforcement agencies must investigate potential hires and employees after a complaint for “biases” and “bias conduct,” including through social media posts. This law will go into effect on January 1, 2026.
• AB 449 — Hate Crime Policy: All state and local law enforcement agencies must develop a hate crime policy by July 1, 2024. The state attorney general must review local policies and updates to them, which are required every four years.
• AB 60 — Restorative Justice, Victim Notification: Requires law enforcement officers and probation to educate victims on available community-based restorative justice programs and how they can be accessed.
• AB 732 — Firearm Relinquishment: Firearm-prohibited persons must now relinquish firearms within 48 hours of being released from custody or within 14 days if in custody. This law also prohibits law enforcement agencies from selling relinquished firearms, which now must be destroyed.
• AB 360 — Excited Delirium: The term “excited delirium” is now prohibited from being listed as the cause of death in law enforcement reports.
• AB 709 — Criminal History Information: This bill allows prosecutors to disclose the names and case numbers of any law enforcement officer involved in a criminal case to a public defender’s office or other licensed attorney.
• AB 994 — Social Media Booking Photos: Law enforcement must remove booking photos on department social media within 14 days, with exceptions for fugitives or those causing an imminent threat to the public. This law also specifies that the pronouns used for an individual must be as reported by that individual. Officer Henson noted that this would affect “Be on the Lookout” notices, making fugitives harder to identify.
• AB 567 — Criminal Record Relief: The Department of Justice will now automatically apply relief of record to misdemeanants whose sentence has been completed, even after unsuccessful termination of probation. Record relief allows arrest and conviction records to be sealed, making them inaccessible to employers and housing providers.
• SB 86 — Crime Victim Resource Centers: The state must create a web page for resources, restitution information, protections, and more for crime victims.
• AB 56 — Victim Restitution: Expands financial restitution compensation to victims of emotional injury, including in the case of murder, attempted murder, sexual assault, kidnapping, and stalking.
• SB 376 — Victim’s Rights, Human Trafficking: Allows a victim of human trafficking or certain abuse-related offenses to have an advocate or other support present during law enforcement, district attorney, or defense counsel interviews.
• AB 600 — Criminal Procedure, Re-sentencing: This bill allows a court to re-sentence a defendant committed to state prison or county jail for committing a felony. A judge can reduce a term or vacate a conviction on its own motion if the sentencing laws at the time of the original sentencing have changed. The requirement that the district attorney agree to the modification has been eliminated.

Juvenile

• AB 1643 — Restitution: The threshold for placing a juvenile on informal probation is raised from $1,000 in restitution to $5,000.
• AB 505 — JJCC/OYCR Authority and Judicial Facility Inspections — Camps, ranches, and Secure Youth Treatment Facilities must now be inspected annually by a youth court judge. The state’s Office of Youth Community Restoration (OYCR) now has the authority to inspect files. Additionally, a co-chair is allowed on the Juvenile Justice Coordinating Council (JJCC) Juvenile Justice Realignment Block Grant subcommittee, and the Probation Chief is no longer the statutory chair. In summary, the state’s OYCR is given much greater control over local juvenile programs. Sierra County Probation must issue yearly progress reports and plans while potentially losing state funding and control over the county’s juvenile probation program.
• SB 10, SB 671 — School Opioid Overdose and Violence Response Plans: Requires school districts to develop safety plans for opioid overdose and violence. Sierra County Probation will likely be included in those plans.
• SB 274 — School Suspensions and Expulsions: This law prohibits suspensions and expulsions for “willful defiance” only. Schools must implement documented restorative justice principles prior to such discipline. Officer Henson noted that this law may strengthen the partnership between school and probation and that the department has been working with schools on restorative justice practices for years.
• SB 883 — Juvenile Electronic Monitoring: Judges must review court orders of probation’s decision to place a juvenile on electronic monitoring.
• AB 391 — Suspect Child Abuse Reports: The party receiving a suspect child abuse report (Law Enforcement, Probation, Child Protective Services) must obtain additional information about the reporting party, including name, phone number, contact information, the specific source of suspected abuse, and the reason for refusing to give any information. Reports could previously be made entirely anonymously.
• AB 60 — Minor’s Petition for Gender Change: Requires a minor’s petition for change of gender to be kept confidential while under the age of 18, including from parents.
• AB 1373 — Sex With a Minor Offenders and Community Service: Prohibits persons convicted of sex with a minor from doing community service where minors may congregate. Officer Henson noted that this law is common sense.
• SB 578 — Juvenile Dependency: Requires a social worker to document and a court to place on record the potential harms of removing a child at the initial petition hearing.
• SB 407 — Resource Families: Criteria for family approval for now include that the family is willing and able to meet the prospective foster child’s sexual orientation or gender identity needs.
• AB 268 — Board of State Community Corrections In Custody Care: Adds two new governor-appointed members to the mental health board and will establish new minimum standards for mental health care during custody on July 1, 2024.
• AB 120 — Gives a monthly stipend to youth living in a Supervised Individual Living Placement, paid through county child welfare.
• AB 134 — Budget Sight and Sound: Removes the requirement that those over the age of 18 detained in a youth facility must be separated by all “sight and sound” from those 18 and under.

In other board news…

Behavioral Health Coordinator Laurie Marsh Retires

Laurie Marsh with Resolution of Appreciation

The board recognized long-time Sierra County Behavioral Health Coordinator Laurie Marsh with a Resolution of Appreciation. Laurie began her career with the county in 2008 as the Tobacco Use Reduction Program Coordinator. She was promoted to Behavioral Health Coordinator of the Department of Health and Human Services in 2014. Marsh retired on December 24, 2023. Marsh was applauded by many friends and colleagues in attendance.