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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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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 Services allows for the assessment and monitoring of individuals pending trial and resolution of their criminal case. Pretrial Assessment Officers conduct assessments of individuals using a validated risk assessment tool, the VPRAI-R, and bail reviews to provide recommendations to the Court regarding the individual’s risk of failing to appear for court dates or committing a new offense in the community through the trial process. Pretrial Monitoring Officers provide supervision of individuals consistent with the court-ordered terms of their release to the Pretrial Program.
SB 36 requires each pretrial services agency that uses a pretrial risk assessment tool to validate the risk assessment tool used by the agency by July 1, 2021, and on a regular basis thereafter, and to make specified information regarding the tool, including validation studies, publicly available. AB 74 provided funding to the Judicial Council “for costs associated with implementing and evaluating the Pretrial Pilot Program, including, but not limited to “….(e) Assisting the pilot courts in validating their risk assessment tools.” This report, in accordance with AB 74 and SB 36, provides information on the validation of the VPRAI-R pretrial risk assessment tool used by Alameda County. Additional information on the Pretrial Pilot is available HERE and additional information on the VPRAI-R tool is HERE.
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 Adult Services classification system. 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 is a lifetime requirement.
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: