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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER II. PROBATION DEPARTMENT*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER II.
PROBATION DEPARTMENT*

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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