Additional Resources and Information
SB-978
Effective January 1, 2020, SB978 requires the Commission on Peace Officer Standards and Training and each local law enforcement agency to conspicuously post on their Internet Web sites all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the California Public Records Act.
Below are the available documents that encompass the Imperial County Probation Department’s standards, policies, operating procedures, practices, and training materials:
This section will be updated soon. Thank you for your patience.
Marsy’s Law – Victim Services & Restitution
On November 4, 2008, the People of the State of California approved Proposition 9, the Victims’ Bill of Rights Act of 2008:
California Constitution, Article I, Section 28(b)
(b) In order to preserve and protect a victim’s rights to justice and due process, a victim shall be entitled to the following rights:
- To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
- To be reasonably protected from the defendant and persons acting on behalf of the defendant.
- To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
- To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
- To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
- To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
- To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
- To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
- To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
- To provide information to a probation department official conducting a presentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
- To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
- To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
- To restitution.
- It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
- Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
- All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
- To the prompt return of property when no longer needed as evidence.
- To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
- To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
- To be informed of the rights enumerated in paragraphs (1) through (16).
Restitution Information - How does a victim get restitution ordered?
Probation Officer’s Presentence Report
In determining the amount of restitution, the sentencing court will often delegate to the County Probation Department the responsibility to investigate the circumstances surrounding the crime and the criminal history and record of the offender, and to prepare a probation report for the court. When a victim has sustained losses, the report also contains a recommendation as to the appropriate amount of restitution to be awarded to the victim.
Restitution ordered by a judge
The responsibility to order restitution is that of a judge. Although the judge may delegate to the probation officer or others the function of arriving at the stipulated level of restitution, it is the sole responsibility of the judge to order the amount in court.
Plea Bargains
Plea bargaining is a practice in which a defendant in a criminal case is permitted to plead guilty to a lesser charge, thereby receiving a lighter sentence than if found guilty on the more serious charge and saving the state the effort and expense of a trial. However, the court may order restitution on dismissed counts when the negotiated disposition includes a Harvey Waiver. The waiver may also encompass unfiled charges. When it does, the court may base a restitution order on the defendant’s uncharged offenses.
Additional Information
Imperial County Agencies
Below are links to additional services provided by other Imperial County agencies:
Prison Rape Elimination Act of 2003 (PREA)
The Prison Rape Elimination Act (PREA) was passed by Congress in 2003 and is the first Federal Law dealing with sexual abuse and sexual harassment in detention facilities (Public Law 108-79 and 42 USC 15601). PREA establishes a zero-tolerance standard against sexual assaults and rapes of incarcerated persons of any age. This makes the prevention of sexual assault in Imperial County Probation Department's facility a top priority.
PREA sets a standard that protects the Eighth Amendment right (constitutional right prohibiting cruel or unusual punishment) of federal, state, and local youth offenders. It also increases collection of nationwide data on sexual misconduct and sexual assaults on confined persons. It increases accountability for administrators who fail to prevent, reduce, and punish sexual misconduct and sexual assaults.
PREA requires all Probation employees, vendors, contractors, volunteers and service providers who may have contact with youth detained in its facilities to be trained of their responsibilities under PREA requirements i.e., how to prevent, detect, and respond to any knowledge, suspicion, or reported incidents of sexual abuse and/or sexual harassment. PREA also requires that all Youth are provided training as to their right to be free from sexual abuse or sexual harassment, how to report any knowledge or suspicion of sexual abuse and/or sexual harassment in Probation's juvenile facilities.
The Imperial County Probation Department is committed to maintaining an environment free from sexual abuse and sexual harassment of youth within their facilities by maintaining a zero tolerance for anyone engaged in any form of sexual abuse or sexual harassment of youth. In order to maintain a zero tolerance environment the Probation Department and Sure Helpline Crisis Center collaborate to eliminate sexual abuse and sexual harassment by:
- Promoting a zero tolerance policy for sexual abuse and sexual harassment.
- Encouraging victims of sexual/harassment abuse to report these incidents without the fear of retaliation.
- Educating youth in the prevention, reporting of incidents and the department's zero tolerance for sexual abuse.
- Educating all probation staff in the prevention, detection, response and reporting of sexual abuse and sexual harassment and the department's zero tolerance.
- Supporting those who have been victims of sexual/harassment abuse by empowering them to not only survive but thrive.
Additional PREA Resources:
Voting Rights - Persons with Criminal History
Eligibility Requirements:
You can register to vote AND vote if you are:
- A United States citizen and a resident of California,
- 18 years old or older on Election Day,
- Not currently in state or federal prison or on parole for the conviction of a felony, and
- Not currently found mentally incompetent to vote by a court.
Persons with a criminal history who can register to vote:
- In county jail:
- Serving a misdemeanor sentence (a misdemeanor never affects your right to vote)
- Because jail time is a condition of probation (misdemeanor or felony)
- Serving a felony jail sentence
- Awaiting trial
- On parole
- On probation
- On mandatory supervision
- On post-release community supervision
- On federal supervised release
- A person with a juvenile wardship adjudication
Persons with a criminal history who cannot register and vote if they are:
- Currently serving a state or federal prison term for the conviction of a felony in:
- State Prison
- Federal Prison
- County Jail or other correctional facility
Note: Once have finished serving your term, your right to vote is restored, but you must re-register online at RegisterToVote.ca.gov or by filling out a paper voter registration card.
Additional details about the above information can be found in the link below:
Voting Rights: Persons Subject to Conservatorship
California recently amended its laws regarding the limitation of a person’s right to vote based on his or her mental incompetence and conservatorship status. Specifically, Senate Bill (SB) 589 (Block, Chapter 736 of the Statutes of 2015) amended several sections of the Elections Code and the Probate Code related to the voting rights of persons subject to a conservatorship (conservatees). For additional information please click below:
Other Links
Chief Probation Officers of California (CPOC)
Board of State and Community Corrections (BSCC)
Citizen Complaint Form
To comply with the law and to be responsive to the community and other agencies, all complaints regarding an officer’s use of force or conduct will receive prompt attention and response according to departmental procedures.
Citizens may also request a printed Citizen Complaint Form from the front desk at the Probation Department’s Administration Building located at:
324 Applestill Road, El Centro, CA 92243
Citizen Complain Forms regarding the use of force by officers can be submitted in person or through mail, and should be addressed to the current Assistant Chief Probation Officer. Information to contact is below:
Elizabeth V. Sais
324 Applestill Road, El Centro, CA 92243
Website Feedback
The Imperial County Probation Department welcomes your feedback regarding the updated Probation Website. Any feedback regarding the information displayed on the website can be sent to Chief Probation Officer Dan Prince (442) 265 - 2401