Article 6 — Sheriff's Batterer's Treatment Program

There is hereby established a Sheriffs Batterer's Treatment Program (Program) pursuant to the standards set forth at Penal Code Section 1203.097(c)(1) and (2). Such Program shall receive the Siskiyou County Probation Department's approval following the standards and process set forth at Penal Code Section 1203.097(c)(1), (c)(2), (c)(3), and (c)(5).

(Ord. No. 17-05, § I, 4-4-2017)

Penal Code Section 1203.097(c)(1)(P) and (c)(5)(B) authorizes a local government entity to develop a batterer's treatment program following the requirements set forth at Penal Code Section 1203.097(c) and seek approval of such program from the Siskiyou County Probation Department. Specifically, Penal Code Section 1203.097(c)(1)(P) authorizes and requires that a batterer's program develop a sliding scale fee schedule based on the defendant's ability to pay. The batterer's program shall develop and utilize a sliding scale fee schedule that recognizes both the defendant's ability to pay and the necessity of program to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant

has the present ability to pay the fee. The fee shall be paid during the term of probation unless the approved program sets other conditions.

(Ord. No. 17-05, § I, 4-4-2017)

Pursuant to Penal Code Section 1203.097(c)(1)(P) the Siskiyou County Sheriff may charge a fee of Twenty and no/100ths ($20.00) Dollars per defendant participant for each Sheriff's Batterer's Treatment Program class. The fee may be adjusted based on the defendant's ability to pay as authorized under the sliding scale fee schedule required under Penal Code Section 1203.097(c)(1)(P).

(Ord. No. 17-05, § I, 4-4-2017)