Los Angeles County Municipal Code Ch. 3.80 Probation Oversight Commission

The Los Angeles County Probation Commission, as required by and established under Welfare and Institutions Code sections 240 through 243, shall be reconstituted and renamed the Los Angeles Probation Oversight Commission, hereinafter in this chapter referred to as the "Commission."

(Ord. 2020-0005 § 13, 2020.)

The purpose of the Commission is to advise the Board of Supervisors and the Chief Probation Officer and oversee and monitor the Probation Department ("Probation Department" or "Department") to address matters that affect the well-being of youth and adults under the Department's supervision and Department staff. The purpose of the Commission is to also advise the Board of Supervisors and the Sheriff relating to law enforcement services provided for a school within Los Angeles County ("County"). The Commission will evaluate and support key reform efforts, promote transparency and accountability, and maintain public trust in the Department by advising on policies and operations, conducting inspections and investigations, and establishing meaningful opportunities for community engagement. Commission staff may also act as the liaison between the Los Angeles County Sheriff's Department ("LASD") and the community for the purpose of receiving and

referring complaints relating to law enforcement services provided by LASD, including, but not limited to, services provided by School Resource Deputies ("SRDs") and any other LASD personnel performing law enforcement functions for a school within the County. When acting as the liaison between LASD and the community, the Commission shall not obstruct the investigative function of the Sheriff.

(Ord. 2024-0055 § 1, 2024; Ord. 2020-0005 § 13, 2020.)

As used in this section, the following definitions apply:

A.

Audit: A formal process following professional guidelines to answer specific questions regarding specific operations.

B.

Complaint: Any statement of concern about the Probation Department, an employee of the Probation Department, any law enforcement service for a school provided by LASD, including, but not limited to, services by SRDs and any other LASD personnel performing law enforcement functions for a school within the County, or any other entity or service provider regarding the subject matter of this ordinance by members of the public, probationers (including those received from juvenile halls or camps currently referred to as 'grievances'), probationers' families, Department and LASD staff. As used in this section, a complaint does not include or satisfy the requirements of a California Tort Claims Act (Gov. Code, sections 810- 996.6) complaint, complaints filed with the Los Angeles County Equity Oversight Panel, formal labor complaints or grievances filed on behalf of or by represented employees, or any other complaint that is governed by law.

C.

Grievance: As used herein, Grievance shall have the same meaning as Complaint.

D.

Investigation: A gathering of information conducted on behalf of the Commission through the Office of Inspector General ("OIG") and targeted at producing actionable information regarding the Probation Department or LASD, an employee of the Probation Department or LASD, or any other entity or service provider regarding the subject matter of this ordinance. Investigations shall be conducted in compliance with County Code Section 6.44.190.

E.

Monitoring: A gathering of information regarding facilities and operations, including by direct observation, discussions with staff and the public, and review of records, in order to identify problem areas or to ensure compliance with existing laws, policies, and other obligations.

F.

Probationer: A youth or adult who is subject to Probation Department supervision including, but not limited to, those who are held in custody pending trial or adjudication, are under informal supervision by agreement or otherwise, are on post-release community supervision, or are on formal supervision with conditions imposed by a criminal or juvenile court.

(Ord. 2024-0055 § 2, 2024; Ord. 2020-0005 § 13, 2020.)

Pursuant to Welfare and Institutions Code section 240, and in compliance with all laws and confidentiality protections, the Commission shall serve in an advisory capacity to the Board of Supervisors and the Chief Probation Officer. In addition, the Commission shall serve in an advisory capacity to the Board of Supervisors and the Sheriff relating to law enforcement services provided for a school within the County. The Commission shall support the Board of Supervisors, the Chief Probation Officer, and the Sheriff, but will not direct the activities of County employees or impose discipline. A majority vote

of the Commission is required to take any action under this ordinance. The Commission has the authority, on its own or at the request of the Board of Supervisors, the Chief Probation Officer, or the Sheriff, with respect to school law enforcement services only, to:

A.

Advise.

Advise the Board of Supervisors and the Chief Probation Officer regarding the Probation Department's operations, policies, and the expenditure of funds allocated to the Department; the Department's progress in implementing Board of Supervisors priorities; and other issues deemed material by a majority of the Commission. This includes the authority to review and analyze all necessary information, as permitted by law, solicit appropriate input, and make recommendations to the Board of Supervisors and the Chief Probation Officer on the Probation Department's operational policies, procedures, and practices that affect adult and juvenile probationers and, when appropriate, request a response from the Probation Department on such matters.

Advise the Board of Supervisors and the Sheriff regarding law enforcement services provided for schools within the County.

B.

Inspect. As permitted by law, and subject to contractual limitations, conduct unannounced inspections of any facility, and its non-confidential records, where any juvenile probationer can be held or where probationers receive services.

Facilities subject to inspection include the following:

(a)

Juvenile halls, camps, and juvenile courthouse lockups;

(b)

Community placements;

(c)

Any County field office or Reporting Center where probationers are required to report and/or receive services;

(d)

Any third-party service provider contracted by the County where probationers receive services, and/or are housed for any period of time; and

(e)

Any third-party service provider where a Los Angeles County Superior or juvenile court has ordered a probationer to be housed to receive services as a condition of probation.

Detention facilities, including jails, operated by or within the jurisdiction of the County, that house adult probationers shall be referred to the Sheriff's Civilian Oversight Commission.

C.

Address Complaints. Staff of the Commission may develop procedures and guidelines for an independent process for receiving and referring complaints to the Probation Department, LASD, and school districts, as appropriate:

Complaints concerning Probation employees and any matters affecting the well-being of youth and adults under the Department's supervision; and

Complaints relating to school law enforcement services provided by LASD, including, but not limited to, services provided by SRDs and any other LASD personnel performing any law enforcement functions for a school or school district that contracts with LASD for law enforcement services.

D.

Investigate. Conduct investigations through the OIG, analyze, solicit input, and make recommendations to the Board of Supervisors and the Chief Probation Officer on Probation-related issues or complaints and to the Sheriff on LASD-related issues or complaints. The Commission will direct and, consistent with County Code Section 6.44.190, evaluate any OIG investigation initiated by the Commission.

E.

Access Information. Access Probation Department information, documents and testimony necessary to the Commission's oversight function as set forth in this ordinance. The Commission, in compliance with all laws and confidentiality protections, may compel production of such information by directing the OIG to issue a subpoena on the Commission's behalf when deemed necessary by a majority of the Commission. The requirements and procedures for access to, and review and redaction of, confidential information received by the OIG are set forth in subsection J of County Code Section 6.44.190.

F.

Engage with the Community. Establish a community engagement process in compliance with all laws and confidentiality protections.

(Ord. 2024-0055 § 3, 2024; Ord. 2020-0005 § 13, 2020.)

In its advisory capacity to the Board of Supervisors, the Chief Probation Officer, and the Sheriff, and in compliance with all laws and confidentiality protections, the Commission shall prepare the following reports:

A.

Inspection Reports. The Commission will prepare reports on its inspection findings. The Commission shall make such reports public after providing the Probation Department an opportunity to review and comment on such reports.

B.

Reform Efforts Reports. The Commission will prepare periodic reports regarding the status of Probation Department reform efforts. The Commission shall make such reports public after providing the Probation Department an opportunity to review and comment on such reports.

C.

Annual Report. The Commission shall prepare and submit to the Board of Supervisors and make available to the public an annual report of the previous fiscal year. The annual report will be prepared and submitted no later than August 1 of each year. The annual report shall contain background information about the Commission, identify the Commission members and senior staff members, detail the activities of the Commission during the previous year and provide contact information. The

annual report will also detail Probation Department policies, procedures or practices, if any, that were eliminated, modified or created due to the Commission's work. Budget requests for each fiscal year must be made within the normal budget cycle followed by all County departments.

D.

Complaint and Grievance Reports. The Commission shall prepare periodic reports regarding concerns and trends related to complaints received and referred under this ordinance. The Commission shall make such reports public after providing the Probation Department, or LASD in the case of reports relating to LASD school law enforcement services, an opportunity to review and comment on such reports, as applicable.

(Ord. 2024-0055 § 4, 2024; Ord. 2020-0005 § 13, 2020.)

The Commission shall have the authority to convene regular public meetings. The Commission shall meet once a month, or as needed, at a time and location to be established by the Commission. The format and protocols of the meetings shall be designed to entertain public comment on probation-related activities as deemed material by the Commission. The Commission shall hold an annual organizational meeting during the month of January to elect officers and conduct other administrative business. The Commission meetings will follow Robert's Rules of Order and must comply with the Ralph M. Brown Act.

(Ord. 2020-0005 § 13, 2020.)

The Chief Probation Officer, or a senior ranking member of the Probation Department selected by the Chief Probation Officer, shall attend and participate in all meetings of the Commission, but shall not have voting rights.

(Ord. 2020-0005 § 13, 2020.)

A.

The Commission shall consist of nine members, with at least one member who is formerly justice-system involved, at least one member who is a family member of someone who is currently or formerly justice-involved, and at least one member who is a member of the State Bar of California with juvenile or criminal justice expertise. The members shall be selected as follows:

Five Supervisorial-Appointee Members. The Board of Supervisors shall appoint five members, one nominated by each Supervisorial District.

Four "At Large" Members. The five Supervisorial-Appointee members shall recommend six candidates to the Board of Supervisors, who will appoint four "at large" members from among these candidates.

B.

The following individuals cannot serve as members of the Commission:

Non-residents of the County of Los Angeles;

Current employees of the County of Los Angeles;

Current employees of any law enforcement agency, including a police or prosecutorial agency for a government entity, or any individual who has been an employee of such an agency within the previous year;

Current employees of contractors of the County of Los Angeles who are involved in the creation of contracts for or the delivery of contracted goods or services for the Probation Department.

C.

The following factors shall be considered in selecting members:

Community involvement, including active participation in a community organization working on adult or juvenile justice issues;

Background as a mental health professional, youth development expert, or experienced re-entry practitioner;

The diversity of the Commission, including its racial, ethnic, age, geographic, gender, gender identity, religious, sexual orientation, occupational, immigration status, disability, and national origin composition.

D.

Commission members serve at the pleasure of the Board of Supervisors and may be removed, by a majority vote of the Board, with or without cause. The application and selection process can be changed at any time by the Board of Supervisors.

(Ord. 2020-0005 § 13, 2020.)

A.

Subject to subsection B of this section, and in compliance with Welfare and Institutions Code section 242, each member shall serve for a four-year term. No member may serve on the Commission for more than two full consecutive terms unless such limitation is waived by the Board of Supervisors. The term for all members shall begin on July 1st and end on June 30th. However, the first term of all members who are the initial appointees to the Commission, shall be deemed to commence on the date their appointment is approved by the Board of Supervisors and will end on June 30th of a succeeding year as set forth in subsection B of this section.

B.

As part of the original creation of the Commission only, one member shall hold office for one year, four for two years, two for three years, and two for four years. The respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. For initial members serving less than a four-year term, the initial one, two, and three-year term shall not be considered towards the restriction of two full year terms as described in Section 3.80.070 (A).

(Ord. 2020-0005 § 13, 2020.)

Each Commissioner must successfully complete a comprehensive training and orientation program within six months of appointment. Failure to complete the training may result in disqualification. The initial training program and on-going training shall be robust and cover such topics as adverse childhood experience (ACE), trauma-informed practices, use of force, custody issues, mental health issues, and juvenile justice best practices. Each Commission member shall complete the initial training program and actively participate in on-going training programs.

(Ord. 2020-0005 § 13, 2020.)

The Board of Supervisors will appoint members to fill vacancies on the Commission created by events other than the normal end of a member's term in accordance with process set forth in Section 3.80.060 and in accordance with Welfare and Institutions Code section 242. Vacancies shall be filled within 30 days. Appointments to fill a vacancy shall not constitute an appointment for a full term but solely to fill the balance of the unexpired term.

(Ord. 2020-0005 § 13, 2020.)

The Commission shall, with the advice of County Counsel, prepare and adopt necessary rules and regulations for the conduct of its business. A copy of the rules and regulations shall be filed with the Executive Officer/Clerk of the Board of Supervisors. The Commission shall conduct itself in accordance with the Commission's Handbook as established by the Executive Officer in consultation with the Executive Director.

(Ord. 2020-0005 § 13, 2020.)

At each annual meeting, the Commission shall elect a chairperson, a vice chairperson, and a secretary and such other officers as it deems appropriate. The Commission shall determine the procedures and methods by which the officers are elected and the term they are to serve. A chairperson, however, may serve for only two full consecutive one-year terms.

(Ord. 2020-0005 § 13, 2020.)

Any personnel records, complaints against Probation Department personnel, and information obtained from these records, which come into the possession of the Commission or its staff, shall be treated as confidential and shall not be disclosed to any member of the public, except in accordance with applicable laws. Copies of complaints not already in the Probation Department's possession may be made available to the Probation Department upon completion of the Commission's investigation, unless confidentiality mandates otherwise.

Because the Commission is a Brown Act body that is not authorized to conduct closed session, the Commission may not receive records protected by any law protecting the confidentiality of records, including Welfare and Institutions Code section 827 (juvenile records), Penal Code sections 11077 and 13300 et al, or any other law protecting the confidentiality of probationer records. As permitted by law, and consistent with subsection J of County Code Section 6.44.190, material received by the OIG in response to a subpoena issued at the direction of the Commission shall be shared with the Commission by the OIG.

(Ord. 2020-0005 § 13, 2020.)

The Commission must use the staff of the OIG to undertake investigations and other Commission activities that require access to confidential records. The Commission shall direct, supervise, and evaluate all work performed by the Inspector General that is initiated by the Commission.

(Ord. 2020-0005 § 13, 2020.)

The Executive Director and other officers and employees of the Commission shall be designated in the current salary ordinance of the County of Los Angeles.

(Ord. 2020-0005 § 13, 2020.)

The Commission will also have authority to use outside consultants for any matters deemed necessary and appropriate by the Commission and the Commission's Executive Director and in accordance with applicable laws and policies. Outside consultants may be retained by the Executive Office/Clerk of the Board and/or by the Chief Executive Office pursuant to a delegated authority agreement.

(Ord. 2020-0005 § 13, 2020.)

Members of the Commission shall be eligible to receive reasonable monetary allowance to be set from time to time by the Board of Supervisors for each regular and special meeting of the Commission up to a maximum per member of $5,000 per fiscal year and shall be reimbursed for reasonable expenses incurred in performing duties in accordance with County policies regulating reimbursement to County of Los Angeles officers and employees (including parking and transportation in attending meetings of the Commission).

(Ord. 2020-0005 § 13, 2020.)

A.

At the end of the third year of the Commission's creation and every three years thereafter, the Commission shall undertake a detailed self-evaluation. This detailed self-evaluation shall include a candid assessment about the strengths, weaknesses, successes and failures of the Commission. It shall also contain recommendations as to whether the Commission should continue in existence and if so, any recommended revisions to its responsibilities and/or authority and whether an independent management audit should be conducted.

B.

The self-evaluation should also contain recommendations on improvements regarding the Commission's operations.

C.

The self-evaluation shall be submitted to the Board of Supervisors and made available to the public, subject to applicable privileges and protections.

D.

The Chief Executive Office shall, within 90 days following the Commission's self-evaluation being transmitted to the Board, review the Commission's self-evaluation and determine whether an independent management audit should be conducted.

E.

Within one year following the issuance of the self-evaluation, the Commission shall provide a written report to the Board of Supervisors regarding the status of the implementation of the recommendations identified in the self-evaluation. This written report shall be made available to the public, subject to applicable privileges and protections.

(Ord. 2020-0005 § 13, 2020.)

In the discharge of its duties, the Board of Supervisors directs all officers and employees of the County of Los Angeles to cooperate with the Commission and, to the extent permitted by law, promptly supply copies of requested documents and records, so that other public officers and the Commission can fully and properly perform their respective duties.

(Ord. 2020-0005 § 13, 2020.)

The Commission shall comply with all applicable California and federal laws, including, but not limited to the Ralph M. Brown Act, the Peace Officers Procedural Bill of Rights, and confidentiality laws pertaining to juvenile case files and criminal offender record information.

(Ord. 2020-0005 § 13, 2020.)