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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

CHAPTER I.
RESERVED

Editor's note--Section 1 of Ord. No. NS-300.347, adopted Jan. 5, 1952, amended Ch. II to read as set out in §§ A27-11--A27-23. Former Ch. II, § 1 A27-11--A27-16, dealt with adult probation and was derived from Code 1954, §§ 3.1.6-1--3.1.6-4, and Ord. No. NS-300.109, § 1, adopted Oct. 9, 1967.

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Sec. A27-11. Department recognized.

There is in the County a Probation Department, hereafter in this chapter referred to as the Department.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-12. Officer recognized.

There is in the County and in the Department the position of Probation Officer. The Probation Officer shall serve as the juvenile probation officer and adult probation officer in accordance with the provisions of general law.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-13. Appointment of officer.

The Probation Officer shall be appointed in accordance with the provisions of general law.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-14. Officer's authority over personnel.

Subject to the provisions of the Charter and this Code, the Probation Officer shall have the power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-15. Duties of the officer.

The duties of the Chief Probation Officer shall be those provided by general law and County ordinance and/or resolution.

(Ord. No. NS-300.347, § 1, 1-5-82; Ord. No. NS-500.522, § 1, 7-27-93)

Sec. A27-16. Service charges for collections.

Pursuant to Welfare and Institutions Code § 279, there is hereby established a service charge, to be collected by the Probation Officer and paid into the County general fund, of two percent of all amounts collected by said officer in any of the following instances:

(a) Money payable to spouse or child in a action for divorce, separate maintenance, or similar action, together with court costs and attorney fees, upon order of a court of competent jurisdiction.

(b) Money payable to a child, wife or indigent parent when it has been alleged or claimed that there has been a violation of either Penal Code § 270, 270a or 270c and the matter has been referred to the Probation Officer by the District Attorney.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-17. Delegation of duties to the Department of Social Services concerning dependent children at children's shelter.

Pursuant to Welfare and Institutions Code § 272 and Section A18-65 of the Santa Clara County Ordinance Code, the duties and authority of the Department of Probation to maintain a children's shelter for dependent children, and on a one-year demonstration period, both to receive delivery thereat from peace officers of the temporary custody of dependent children, and also to complete the admission process, are delegated to the Santa Clara County Department of Social Services. The Probation Department will continue to immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody. The authority to release the minor pursuant to Welfare and Institutions Code § 309(a) shall remain with the Department of Probation.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-18. Juvenile facilities established; administration.

There are in the County and in the Department three facilities established pursuant to Welfare and Institution Code §§ 881 and 882. Such facilities shall be under the supervision of the Chief Probation Officer. The Chief Probation Officer shall designate facility directors, who shall direct activities of such facilities and be responsible for the wards and property.

(Ord. No. NS-300.347, § 1, 1-5-82; Ord. No. NS-300.407, § 1, 11-4-86)

Sec. A27-19. Assignment to facilities.

Under the direction of the Juvenile Court, juveniles will be assigned to the facilities within the age limits of nine through 17 years.

(Ord. No. NS-300.347, § 1, 1-5-82; Ord. No. NS-300.407, § 2, 11-4-86)

Sec. A27-20. Programs at facilities.

(a) The facility director will administer a work program designed to develop good housekeeping habits and to promote the maintenance of the facility.

(b) The facility director will outline, install and administer an educational program to develop vocational aptitudes and academic skills at the high school level.

(c) The facility director will outline, install and administer a recreational and social program to foster the readjustment of the individual to society.

(Ord. No. NS-300.347, § 1, 15-82; Ord. No. NS-300.407, § 3, 11-4-86)

Sec. A27-21. Public school at facilities.

The Superintendent of Schools of the County is hereby directed to cause to be established and maintained at the facilities public schools of such grade or grades as may, in the judgment of the Superintendent of Schools, be necessary. Such school or schools, when established, shall be maintained subject to and in accordance with all laws relating to schools maintained by a County Superintendent of Schools pursuant to the Welfare and Institutions Code.

(Ord. No. NS-300.347, § 1, 1-5-82; Ord. No. NS-300.407 § 4, 11-4-86)

Sec. A27-22. Public school established at detention home.

There is hereby established at the detention home of the County a public school for the education of children in such detention home, and said school shall be known as the Osborne School.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-23. Maintenance of detention home school.

The school at the detention home shall be maintained by the Superintendent of Schools of the County for such grade or grades as may in his judgment be necessary and shall be conducted in accordance with the provisions of the sections of the Welfare and Institutions Code providing for the establishment and maintenance of said school as are now in effect, or acts amendatory to said sections.

(Ord. No. NS-300.347, § 1, 1-5-82)

Sec. A27-24. Enactment of Penal Code § 1203.1b.

Penal Code § 1203.1b providing for the court to require payment of probation costs as a condition of probation subject to the defendant's ability to pay is hereby made operative in Santa Clara County.

(Ord. No. NS-300.437, § 1, 6-14-88)

Sec. A27-25. Fees.

The Department of Probation is authorized to charge and collect fees for various services as established by resolution approved by the Board of Supervisors and amended from time to time.

(Ord. No. NS-300.437, § 2, 6-14-88; Ord. No. NS-300.444, § 1, 3-28-89; Ord. No. NS-300.479, § 1, 6-4-91; Ord. No. NS-300.716, 8-5-03)

Sec. A27-26. Reserved.

Editor's note--Ord. No. NS-300.662, § 2, adopted March 19, 2002, repealed § A27-26, which pertained to probation fees. See the Code Comparative Table

CHAPTER III.
JUVENILE HALL ADVISORY BOARD*

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Editor's note--Section 2 of Ord. No. NS-300.347, adopted Jan. 5, 1982, repealed Ch. III, §§ A27-27--A27-37, dealing with juvenile probation, and derived from Code 1954, §§ 3.1.21-1--3.1.21-6.1; Ord. No. NS-300.4, § 2, adopted Nov. 15, 1954; Ord. No. NS-300.28, § 1, adopted Feb. 3, 1955, and Ord. No. NS-300.271, § 2, adopted Dec. 19, 1978. Subsequently, Ord. No. NS-300.736, adopted October 5, 2004, enacted provision designated as a new Ch. III, §§ A27-27--A27-33, to read as herein set out. See also the Code Comparative Table.

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Sec. A27-27. Establishment and purpose.

(a) There is hereby adopted an ordinance, adding Chapter III (commencing with Section A27) of Title A of the Santa Clara County Ordinance Code, establishing a Juvenile Hall Advisory Board. The general purposes of the Advisory Board shall be to improve safety and conditions for minors at the Juvenile Hall and Ranches, based on independent audit recommendations, to provide policy guidance to the Board of Supervisors and Probation Department, and to establish effective working relationships between parents and community organizations concerned with juvenile probationary services in Santa Clara County.

(b) Purposes and functions of the Advisory Board shall not preempt any duty, responsibility or activity that is the mandate of any board or commission, and shall deal exclusively with the Probation Department's Juvenile Hall and Ranches, and related programs.

(Ord. No. NS-300.736, 10-5-04)

Sec. A27-28. Membership and terms.

(a) The delegation shall consist of 21 members subject to appointment by the Board of Supervisors. Membership shall be odd-numbered to prevent impasse.

(b) Members shall represent those knowledgeable about juveniles in custody at the Probation Department.

(c) Two co-chairs shall lead the Advisory Board: one co-chair from the public and one co-chair from the County of Santa Clara to be elected each year to commence service on July 1st.

(d) The Advisory Board shall be composed of the following:

(1) One Juvenile Court Judge from the Superior Court of California, County of Santa Clara;

(2) The District Attorney or his or her designee;

(3) The Public Defender or his or her designee;

(4) The Sheriff or his or her designee;

(5) Two Health Professionals designated by the Executive Director of the Santa Clara Valley Health and Hospital System with expertise in the area of child psychiatry and child development, respectively;

(6) The President or his or her designee of Local 1587, CEMA, and Local 715;

(7) Two Juvenile Hall Group Counselors, one who is currently working in a girls' unit and the other in a boys' unit, designated by the Chief Probation Officer;

(8) Two persons who were incarcerated at Juvenile Hall and completed probation successfully;

(9) Two parents of juveniles who were, or are, incarcerated at Juvenile Hall.

(10) One Social Services Professional designed by the Executive Director of the Santa Clara County Social Services Agency with an understanding of juvenile justice systems;

(11) One representative designated by the Executive Director of the County Office of Education with expertise in educational delivery systems in a juvenile institutional setting;

(12) Three representatives from a community-based organization that have developed a network or alliance of other service providers with expertise in child development and family services;

(13) One person who was a victim of a juvenile crime and can serve as an advocate for victims.

(e) Qualifications for membership include:

(1) Members must be at least 21 years of age, except for the two persons identified in subdivision (d)(8) who must be between the ages of 16 and 21 to ensure recent history in the County's juvenile detention system.

(2) Members shall be residents of the County. If any member ceases to be a resident of the county, or fails to maintain qualifications for the office, the office shall become vacant and the Board of Supervisors shall so declare in accordance with Section 506 of the County Charter.

(3) No member shall be on active probation or parole. All members shall submit to a Department of Justice background check.

(f) Any person interested in applying shall submit an application, in writing, to the Board of Supervisors. The Board of Supervisors may refer the application to the County Executive, who shall then review them and make recommendations to the Board of Supervisors for final approval.

(g) All members shall serve three-year terms, except the two members in section (d)(8) above shall serve a one year term. Six of the initial members shall serve two-year terms, and six of the initial members shall serve one-year terms to provide staggering of terms. The initial reduced terms shall be decided by the drawing of lots at the first regularly scheduled meeting of the Advisory Board. No appointed member shall be eligible to serve on such Board for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(h) The Advisory Board may recommend to the Board of Supervisors that the seat of any member missing three consecutive meetings or one-fourth of all meetings in a one-year period, be declared vacant.

(Ord. No. NS-300.736, 10-5-04; Ord. No. NS-300.761, 12-12-06)

Sec. A27-29. Organization of the advisory board.

The Advisory Board shall establish bylaws for its own conduct, which shall include the election of officers, the time and place of regular meetings, and other rules as required. The bylaws shall be consistent with Sections 500 and 506 of the County Charter.

(Ord. No. NS-300.736, 10-5-04)

Sec. A27-30. Meetings of the advisory board.

Meetings of the Advisory Board shall be held not less than monthly, and meetings shall be open to the public, except as allowed by law.

(Ord. No. NS-300.736, 10-5-04)

Sec. A27-31. Duties of the advisory board.

The Advisory Board shall have the following duties:

(a) Encourage communication among parents and juvenile rehabilitation service providers and the Advisory Board;

(b) Assist in identification of unmet and potential service needs for wards in Juvenile Hall and the Ranches;

(d) Assess Department programs at Juvenile Hall and the Ranches, and offer alternatives and modifications where appropriate;

(e) Review the impact of budgetary proposals affecting the services and grants available for juvenile detention facilities;

(f) Evaluate policies and the administration of such policies affecting the delivery of rehabilitation services in the juvenile detention institutions;

(g) Assist in the development of an annual Juvenile Hall and Ranch Plan, stating needs, goals, and objectives;

(h) Review and make recommendations on all applications submitted by public and private agencies for local, state, and federal funding of Juvenile Hall and Ranch programs;

(i) Participate in the planning and reviewing of all Title 15 activities;

(j) Form task forces or committees to assist in planning, policy, goal and priority recommendations and such functions as the advisory board deems necessary. Membership on task forces shall provide for the broadest possible community representation within the specific area of the task force's assignment, and shall include an odd number of Advisory Board members, not to exceed seven. Voting on the task force shall be limited to members of the Advisory Board only. Any task force decision must be forwarded to the Advisory Board for full review and approval.

(k) Encourage equitable delivery of juvenile rehabilitation services;

(l) Encourage the elimination of redundant or unnecessary programs and seek economical and efficient delivery of Juvenile Hall and Ranch services;

(m) Review and make recommendations on all findings and recommendations made by the Juvenile Justice Commission;

(n) Advise the Board of Supervisors, through the Public Safety and Justice Committee, of matters relating to (a) through (m) above and provide an annual work plan.

(Ord. No. NS-300.736, 10-5-04)

Sec. A27-32. Staff assistance to the advisory board.

(a) The Clerk of the Board of Supervisors shall be ex-officio secretary to the Advisory Board and shall provide clerk duties and responsibilities to the Advisory Board.

(b) The Chief of Probation or his or her representative shall attend all meetings of the Advisory Board and provide staff assistance to the Advisory Board.

(Ord. No. NS-300.736, 10-5-04)

Sec. A27-33. Review of the advisory board.

The Juvenile Hall Advisory Board shall submit a report to the Board of Supervisors every three years, except that the first report shall be submitted on or before June 30, 2005, and the second report on or before June 30, 2008. The report shall be filed pursuant with Chapter XII of Division A6 of Title A of the Santa Clara County Ordinance Code.

(Ord. No. NS-300.736, 10-5-04)