Report 2021-113 Recommendation Responses
Report 2021-113: Batterer Intervention Programs: State Guidance and Oversight Are Needed to Effectively Reduce Domestic Violence (Release Date: October 2022)
Recommendation for Legislative Action
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.
Description of Legislative Action
AB 304 (Holden, 2023) would require the probation department, when investigating the appropriate batterer's program for a defendant placed on formal probation, 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. However, this bill does not require assessments of all individuals upon sentencing, including those who are not placed on formal probation, and therefore would only include a partial implementation of this recommendation. As of April 14, 2023, this bill is pending in the Assembly Appropriations Committee.
- Legislative Action Current As-of: April 2023
California State Auditor's Assessment of 6-Month Status: Legislation Introduced
Description of Legislative Action
The Legislature did not take action during the 2021-2022 Legislative Session to address this specific recommendation.
- Legislative Action Current As-of: January 2023