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Section 1203 of the Penal Code defines and authorizes Probation as a sentencing option when persons are convicted of a law violation.
Probation is defined as, "The suspension of the imposition or execution of a sentence, and the order of conditional and revocable release in the community under the supervision of a Probation Officer."
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The Public Safety Realignment Act of 2011 (AB109) transferred the responsibility for incarceration and supervision of many inmates and parolees convicted of non-violent and non-serious offenses from the California Department of Corrections and Rehabilitation (CDCR) to the county level. AB 109 went into effect October 1, 2011. Inmates currently in state prison for non-violent and non-serious offenses as well as those not deemed as high-risk sex offenders are released to local supervision (Probation), as opposed to state parole. In addition, parole violators on parole for a non-violent and non-serious offense are released to local supervision. The population is referred to in AB 109 as “Post Release Community Supervision” (PRCS). The maximum term of PRCS is three years; however, clients without custodial sanctions may be considered for discharged after six months, and those who remain violation free for a period of twelve months must be discharged.
Realignment legislation also created a sentencing structure under Penal Code section 1170(h)(5)(B), that has been characterized as “split” or “blended” sentences because they have both custodial and non-custodial elements. Clients who have been sentenced under the section are supervised by the probation department on “Mandatory Supervision”.
Probation Officers investigate and evaluate offenders referred by the Courts. Investigators provide reports that assist the Courts in making appropriate sentencing dispositions. The reports address public safety, the nature of the offense, victim loss, and the defendant's social and criminal history.
Pretrial Monitoring allows for supervision of individuals in the community following a release decision and referral by the Court. Once granted a pretrial release, Pretrial Monitoring Officers provide supervision of individuals consistent with the court-ordered terms of their release to the Pretrial Program. Pretrial clients are also reminded regularly of upcoming court dates and referrals to community resources are provided through the term of monitoring.
Court officers appear in court, as scheduled, to represent the Department on probation matters. Court Officers screen and calendar petitions; present probation reports and recommendations; provide input to the courts for clarification; record court orders, instructions and/or comments from the court; and act as liaisons between the Department and the courts.
The level of offender services provided is determined by the validated risk and needs assessment. To provide an opportunity for rehabilitation while ensuring public safety, traditional supervision services are offered in conjunction with specialized programs.
On April 4, 2011, the Public Safety Realignment Act (AB 109) was signed into law by Governor Jerry Brown. The policy changes in the Act focus on alleviating overcrowding in the California State prisons and reducing the state corrections budget. This is achieved largely through transferring responsibility for incarceration and supervision of many low level inmates and parolees from the California Department of Corrections and Rehabilitation (CDCR) to the county level. AB 109 went into effect October 1, 2011.
The Alameda County Probation Department supports legislation intended to allow our clientele to get their records expunged. A defendant can apply to be Released from Penalties, pursuant to Penal Code 1203.4. The California Penal Code allows some defendants that meet certain requirements to file a petition for dismissal/expungement.
Expungement could include getting a qualified felony reduced to a misdemeanor, pursuant to Penal Code 17b. The court, upon application, may reduce certain felony convictions to a misdemeanor.
There is no cost to apply for Reduction to a Misdemeanor, Penal Code 17b and Released from Penalties, Penal Code 1203.4. Information on how to get started is listed below.
Clean Slate services for Alameda County can be found at:
Alameda County Public Defender (510) 268-7400; cleanslate@acgov.org
East Bay Community Law Center (510) 548-4040; info@ebclc.org
Joint Alameda County Clean State Clinic with Public Defender & EBCLC:
North County – Oakland Public Defender’s Office (Thursdays 9am – 11am)
545 4th Street, Oakland, CA
510-268-7400
East County – Dublin Public Defender’s Office (Wednesdays 9am – 11am)5149 Gleason Dr., #C155, Dublin, CA 94568
925-551-6863
Domestic Violence
Deputies work with the Courts, police, victim advocates and other community resources to provide services to domestic violence cases and to comply with the California Penal Code Section 1203.097.
Our goal is to reduce incidents of domestic violence by providing a variety of special services.
To meet our goals of batterer accountability, victim safety and compliance with legal mandates, the Department:
Sex Offender
Sex offenders are required to register annually within 5 days of his/her birthday, or more frequently if transient or homeless. Pursuant to provisions of Section 290 of the Penal Code, the duty to register ranges from 10 years to lifetime. Minimum registration periods are determined by the California Department of Justice.
Whenever a registrant moves, they must notify both the jurisdiction into which they move and the jurisdiction in which they last registered.
In an effort to improve service delivery to Sex Offender clients and for the protection of the community, the Probation Department provides intensive supervision and utilizes community resources to reduce illegal behaviors of sexual offenders.
All persons on probation for sex offenses receive the highest level of supervision.
Pre-convicted young adults who are charged with possession of small amounts of illegal drugs for sale without violence or weapons being involved, and who have lived essentially crime-free lives, have an opportunity to be offered an alternative to felony prosecution. Since 1991, eligible pre-convicted felons are provided special programming and supervision which includes having volunteer mentors assigned to them.
Collaboration with other law enforcement agencies includes: