Report 2021-113 Recommendation 35 Responses

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

Recommendation #35 To: Judicial Council of California

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.

Annual Follow-Up Agency Response From September 2023

To raise immediate branch-wide awareness of the State Auditor's findings and conclusions, the Judicial Council disseminated copies of the audit report to all presiding judges and court executive officers of the superior courts.

As the auditor's report noted, judges have the discretion to determine when it is appropriate to impose escalating consequences on offenders for repeated probation violations. The audit report also acknowledged that judges ultimately sentenced to jail or prison more than half of the offenders who did not comply with their probation conditions.

The Judicial Council redesigned curriculum for some judicial officer courses to include additional content on domestic violence probation supervision. For example, the Criminal Law Primary Assignment Orientation course, which is required for all new judges in a criminal assignment, now includes additional information about probation compliance. Similarly, the curriculum for the Judicial Council's next Domestic Violence Institute in May 2024 is being redesigned to include enhanced Batterer Intervention Program (BIP) content and ensuring probation compliance.

Additionally, the Judicial Council has developed and delivered new judicial education programs and products related to domestic violence and domestic violence probation supervision. Specifically, in April 2023, the Judicial Council offered two live webinars focused on promoting compliance in domestic violence cases. Those webinars were recorded and are posted for viewing at any time on the council's internal site for judicial education. The Judicial Council also created a BIP bench card that is available online and included in course materials for judicial officers sitting in a criminal law assignment. Lastly, future webinars are planned to address BIP data, research, and best practices for achieving positive outcomes and reducing recidivism.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

6-Month Agency Response

To raise immediate branch wide awareness of the State Auditor's findings and conclusions, the Judicial Council disseminated copies of the audit report and accompanying fact sheet to all presiding judges and court executive officers of the superior courts. Further, the Judicial Council's Advisory Committee on Audits and Financial Accountability for the Judicial Branch reviewed the report's findings and conclusions during its public meeting on November 8th.

As noted in the auditor's report, judges have the discretion to determine when it is appropriate to impose escalating consequences on offenders for repeated probation violations. The audit report also acknowledged that judges ultimately sentenced to jail or prison more than half of the offenders who did not comply with their probation conditions. Judicial officers consider a myriad of case-specific factors when adjudicating matters involving domestic violence and may consult the Judicial Council's Domestic Violence Benchbook—as referenced in the audit report—when responding to probation violations.

Starting in January 2023, attorneys working in the Center for Judicial Education and Research will review opportunities to add the audit report's content to the council's domestic violence training programs. The Domestic Violence Institute referenced in the report will not convene again until the Spring of 2024; nevertheless, council staff are currently discussing how best to incorporate the audit's findings into the planning and agenda for this event. We anticipate having more information to share during our subsequent updates.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

To raise immediate branch wide awareness of the State Auditor's findings and conclusions, the Judicial Council disseminated copies of the audit report and accompanying fact sheet to all presiding judges and court executive officers of the superior courts. Further, the Judicial Council's Advisory Committee on Audits and Financial Accountability for the Judicial Branch reviewed the report's findings and conclusions during its public meeting on November 8th.

As noted in the auditor's report, judges have the discretion to determine when it is appropriate to impose escalating consequences on offenders for repeated probation violations. The audit report also acknowledged that judges ultimately sentenced to jail or prison more than half of the offenders who did not comply with their probation conditions. Judicial officers consider a myriad of case-specific factors when adjudicating matters involving domestic violence and may consult the Judicial Council's Domestic Violence Benchbook—as referenced in the audit report—when responding to probation violations.

Starting in January 2023, attorneys working in the Center for Judicial Education and Research will review opportunities to add the audit report's content to the council's domestic violence training programs. The Domestic Violence Institute referenced in the report will not convene again until the Spring of 2024; nevertheless, council staff are currently discussing how best to incorporate the audit's findings into the planning and agenda for this event. We anticipate having more information to share during our subsequent updates.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2021-113

Agency responses received are posted verbatim.