Report 2021-113 Recommendations

When an audit is completed and a report is issued, auditees must provide the State Auditor with information regarding their progress in implementing recommendations from our reports at three intervals from the release of the report: 60 days, six months, and one year. Additionally, Senate Bill 1452 (Chapter 452, Statutes of 2006), requires auditees who have not implemented recommendations after one year, to report to us and to the Legislature why they have not implemented them or to state when they intend to implement them. Below, is a listing of each recommendation the State Auditor made in the report referenced and a link to the most recent response from the auditee addressing their progress in implementing the recommendation and the State Auditor's assessment of auditee's response based on our review of the supporting documentation.

Recommendations in Report 2021-113: Batterer Intervention Programs: State Guidance and Oversight Are Needed to Effectively Reduce Domestic Violence (Release Date: October 2022)

Recommendations to Alameda County Probation Department
Number	Recommendation	Status
12	To ensure that offenders are held accountable for complying with the conditions of their probation, Alameda Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.
13	To ensure program compliance with state law, Alameda Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.
14	To ensure that program providers comply with probation departments' standards and state law, Alameda Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.
15	To comply with state law, Alameda Probation should immediately implement record retention policies to maintain documentation on all offenders for five years after the offenders complete or are terminated from probation.
16	To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, Alameda Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.

Recommendations to Contra Costa County Probation Department
Number	Recommendation	Status
17	To ensure that offenders are held accountable for complying with the conditions of their probation, Contra Costa Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.	Pending
18	To ensure program compliance with state law, Contra Costa Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.	Pending
19	To ensure that program providers comply with the probation department's standards and state law, Contra Costa Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.	Pending
20	To comply with state law, Contra Costa Probation should immediately implement record retention policies to maintain documentation on all offenders for five years after the offenders complete or are terminated from probation.	Pending
21	To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, Contra Costa Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.	Pending

Recommendations to Del Norte County Probation Department
Number	Recommendation	Status
22	To ensure that offenders are held accountable for complying with the conditions of their probation, Del Norte Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.
23	To ensure program compliance with state law, Del Norte Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.
24	To ensure that program providers comply with the probation department's standards and state law, Del Norte Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.
25	To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, Del Norte Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.

Recommendations to Judicial Council of California
Number	Recommendation	Status
35	To ensure that the courts consistently apply consequences to offenders for probation violations, the Judicial Council should establish guidance and provide training to judges regarding the application of the batterer intervention law by April 2023.	Pending

Recommendations to Legislature
Number	Recommendation	Status
1	To ensure that courts have vital information when sentencing offender, the Legislature should require probation departments to assess all domestic violence offenders, rather than just those who are placed on formal probation, and to do so before the court sentences the offenders. In addition to the current requirements in state law, the initial assessments should determine an offender's sexual orientation, gender identity, and financial means to facilitate providing the offender with appropriate rehabilitative programs and services.	No Action Taken
2	To ensure that all program providers and probation departments require offenders to attend programs consistently, the Legislature should define unexcused absences and provide direction as to whether unexcused absences are allowed and whether offenders must make up missed classes.	No Action Taken
3	To ensure that all courts and program providers use a consistent approach to fee waivers and fee scales, the Legislature should define indigence and ability to pay as they pertain to California Penal Code section 1203.097. It should also expressly prohibit probation departments and program providers from authorizing fee waivers.	No Action Taken
4	To ensure that offenders have sufficient information when choosing a program provider, the Legislature should require program providers to publicly post a comprehensive description of their sliding fee scales, and it should require the courts to provide each offender with a selection of available program providers, including their standard fees and sliding fee scales, before the offender agrees to the conditions of probation. Further, the Legislature should require the courts to inform offenders of the availability of fee waivers for those who may not have the ability to pay for the program.	No Action Taken
5	To ensure that probation departments and providers provide to the courts timely notification about offenders' program and probation violations, the Legislature should require immediate reporting of all program and probation violations. Further, the Legislature should define immediate as within a specified number of business days, such as two business days, after an entity learns of a violation.	No Action Taken
6	To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including approving, monitoring, and renewing all program providers.	No Action Taken
7	To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including conducting periodic audits of probation departments and program providers.	No Action Taken
8	To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including establishing statewide comprehensive standards through regulations, with facilitators' educational requirements and a 52-week curriculum.	No Action Taken
9	To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including identifying or developing a comprehensive offender assessment tool.	No Action Taken
10	To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including collaborating with the Judicial Council and relevant stakeholders, such as law enforcement representatives, mental health professionals, rehabilitative experts, victims' advocates, and district attorneys, to set standards for programs.	No Action Taken
11	To ensure that probation departments, courts, and program providers comply with state law, the Legislature should designate Justice as responsible for the oversight of the batterer intervention system, including tracking relevant offender and program data to analyze program effectiveness.	No Action Taken

Recommendations to Los Angeles County Probation Department
Number	Recommendation	Status
26	To ensure that offenders are held accountable for complying with the conditions of their probation, Los Angeles Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.
27	To ensure program compliance with state law, Los Angeles Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.
28	To ensure that program providers comply with the probation department's standards and state law, Los Angeles Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.
29	To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, Los Angeles Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.

Recommendations to San Joaquin County Probation Department
Number	Recommendation	Status
30	To ensure that offenders are held accountable for complying with the conditions of their probation, San Joaquin Probation should, by April 2023, formalize and implement comprehensive policies and procedures for domestic violence case management that clearly describe the department's expectations for probation staff's compliance with state law.	Pending
31	To ensure program compliance with state law, San Joaquin Probation should, by April 2023, formalize comprehensive program standards for program providers that present clear guidance on the department's expectations and the documentation it will review to verify compliance with state law. The probation department should distribute these standards to program providers during their initial application and approval process and again annually during the renewal process.	Pending
32	To ensure that program providers comply with the probation department's standards and state law, San Joaquin Probation should develop and follow formalized policies and procedures for approving, renewing, and conducting comprehensive ongoing monitoring of program providers by April 2023. These policies should specify the frequency of monitoring, the documentation the department will require of program providers to demonstrate compliance, and the specific actions the department will take when a provider is noncompliant.	Pending
33	To comply with state law, San Joaquin Probation should immediately follow its record retention policies to maintain documentation on all offenders for five years after the offenders complete or are terminated from probation.	Partially Implemented
34	To ensure that the courts can provide an offender with a selection of available program providers and their costs before the offender agrees to attend a program as a condition of probation, San Joaquin Probation should maintain standard program fee information and sliding fee scales for each of the providers it oversees, and make this information available to the courts by April 2023.	Pending

Print all recommendations and responses.

Report 2021-113 Recommendations

Recommendations in Report 2021-113: Batterer Intervention Programs: State Guidance and Oversight Are Needed to Effectively Reduce Domestic Violence (Release Date: October 2022)

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