CHAPTER 3. California Community Corrections Performance Incentives [1228. - 1233.6.]

Cal. Penal Code - PEN 3.
in effect

Cal. Penal Code - PEN § 1228. Section 1228.

The Legislature finds and declares all of the following: (a) In 2007, nearly 270,000 felony offenders were subject to probation supervision in California’s communities. (b) In 2007, out of 46,987 new admissions to state prison, nearly 20,000 were felony offenders who were committed to state prison after failing probation supervision. (c) Probation is a judicially imposed suspension of sentence that attempts to supervise, treat, and rehabilitate offenders while they remain in the community under the supervision of the probation department. Probation is a linchpin of the criminal justice system, closely aligned with the courts, and plays a central role in promoting public safety in California’s communities. (d) Providing sustainable funding for improved, evidence-based probation supervision practices and capacities will improve public safety outcomes among adult felons who are on probation. Improving felony probation performance, measured by a reduction in felony probationers who are sent to prison because they were revoked on probation or convicted of another crime while on probation, will reduce the number of new admissions to state prison, saving taxpayer dollars and allowing a portion of those state savings to be redirected to probation for investing in community corrections programs.

Cal. Penal Code - PEN § 1229. Section 1229.

As used in this chapter, the following definitions apply: (a) “Community corrections” means the placement of persons convicted of a felony offense under probation supervision, mandatory supervision, or postrelease community supervision for a specified period. (b) “Chief probation officer” or “CPO” means the chief probation officer for the county or city and county in which an adult offender is subject to probation for the conviction of a felony offense. (c) “Community corrections program” means a program established pursuant to this act consisting of a system of services for felony offenders under local supervision dedicated to all of the following goals: (1) Enhancing public safety through the management and reduction of offender risk while under local supervision and upon reentry from jail or prison into the community. (2) Providing a range of supervision tools, sanctions, and services applied to felony offenders subject to local supervision based on a risk and needs assessment for the purpose of reducing criminal conduct and promoting behavioral change that results in reducing recidivism and promoting the successful reintegration of offenders into the community. (3) Maximizing offender restitution, reconciliation, and restorative services to victims of crime. (4) Holding offenders accountable for their criminal behaviors and for successful compliance with applicable court orders and conditions of supervision. (5) Improving public safety outcomes for persons subject to local supervision for a felony offense, as measured by their successful completion of the period of local supervision and the commensurate reduction in the rate of offenders sent to prison as a result of a revocation of supervision or conviction of a new crime. (d) “Evidence-based practices” refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under local supervision. (e) “Local supervision” means the supervision of an adult felony offender on probation, mandatory supervision, or postrelease community supervision.

Cal. Penal Code - PEN § 1230. Section 1230.

(a) Each county is hereby authorized to establish in each county treasury a Community Corrections Performance Incentives Fund (CCPIF), to receive all amounts allocated to that county for purposes of implementing this chapter. (b) Notwithstanding any other law, in any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the moneys, including any interest, shall be made available to the CPO of that county, within 30 days of the deposit of those moneys into the fund, for the implementation of the community corrections program authorized by this chapter. (1) The community corrections program shall be developed and implemented by probation and advised by a local Community Corrections Partnership. (2) The local Community Corrections Partnership shall be chaired by the CPO and comprised of the following membership: (A) The presiding judge of the superior court, or his or her designee. (B) A county supervisor or the chief administrative officer for the county or a designee of the board of supervisors. (C) The district attorney. (D) The public defender. (E) The sheriff. (F) A chief of police. (G) The head of the county department of social services. (H) The head of the county department of mental health. (I) The head of the county department of employment. (J) The head of the county alcohol and substance abuse programs. (K) The head of the county office of education. (L) A representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense. (M) An individual who represents the interests of victims. (3) Funds allocated to probation pursuant to this act shall be used to provide supervision and rehabilitative services for adult felony offenders subject to local supervision, and shall be spent on evidence-based community corrections practices and programs, as defined in subdivision (d) of Section 1229, which may include, but are not limited to, the following: (A) Implementing and expanding evidence-based risk and needs assessments. (B) Implementing and expanding intermediate sanctions that include, but are not limited to, electronic monitoring, mandatory community service, home detention, day reporting, restorative justice programs, work furlough programs, and incarceration in county jail for up to 90 days. (C) Providing more intensive local supervision. (D) Expanding the availability of evidence-based rehabilitation programs including, but not limited to, drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs, and job training and employment services. (E) Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity. (4) Notwithstanding any other law, the CPO shall have discretion to spend funds on any of the above practices and programs consistent with this act but, at a minimum, shall devote at least 5 percent of all funding received to evaluate the effectiveness of those programs and practices implemented with the funds provided pursuant to this chapter. A CPO may petition the Judicial Council to have this restriction waived, and the Judicial Council shall have the authority to grant such a petition, if the CPO can demonstrate that the department is already devoting sufficient funds to the evaluation of these programs and practices. (5) Each probation department receiving funds under this chapter shall maintain a complete and accurate accounting of all funds received pursuant to this chapter.

Cal. Penal Code - PEN § 1230.1. Section 1230.1.

(a) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. (b) The plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the District Attorney, the Public Defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. (c) The plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan goes back to the Community Corrections Partnership for further consideration. (d) Consistent with local needs and resources, the plan may include recommendations to maximize the effective investment of criminal justice resources in evidence-based correctional sanctions and programs, including, but not limited to, day reporting centers, drug courts, residential multiservice centers, mental health treatment programs, electronic and GPS monitoring programs, victim restitution programs, counseling programs, community service programs, educational programs, and work training programs.

Cal. Penal Code - PEN § 1231. Section 1231.

(a) Community corrections programs funded pursuant to this chapter shall identify and track specific outcome-based measures consistent with the goals of this act. (b) The Judicial Council, in consultation with the Chief Probation Officers of California, shall specify and define minimum required outcome-based measures, which shall include, but not be limited to, all of the following: (1) The percentage and number of persons subject to local supervision who are being supervised in accordance with evidence-based practices. (2) The percentage and amount of state moneys expended for programs and practices that are evidence based, by program and practice, and a descriptive list of all programs and practices that are evidence based. (3) Specification of supervision policies, procedures, programs, and practices that were eliminated or added to increase the use of evidence-based practices. (4) The percentage of persons subject to local supervision who successfully complete the period of supervision. (5) The total amount expended from the allocation by fiscal year. (6) To the extent that funds were not expended, the reason the funds were not spent on evidence-based practices, and a descriptive list of planned expenditures for these funds. (c) Each CPO receiving funding pursuant to Sections 1233 to 1233.6, inclusive, shall provide an annual written report to the Judicial Council, evaluating the effectiveness of the community corrections program, including, but not limited to, the data described in subdivision (b). Each submission will include a statement that affirms the accuracy of the CPO responses and intention to use funding pursuant to paragraph (3) of subdivision (b) of Section 1230. (d) The Judicial Council, shall, in consultation with the CPO of each county and the Department of Corrections and Rehabilitation, provide a quarterly statistical report to the Department of Finance including, but not limited to, the following statistical information for each county: (1) The number of felony filings. (2) The number of felony convictions. (3) The number of felony convictions in which the defendant was sentenced to the state prison. (4) The number of felony convictions in which the defendant was granted probation. (5) The adult felon probation population. (6) The number of adult felony probationers who had their probation terminated and revoked and were sent to state prison for that revocation. (7) The number of adult felony probationers sent to state prison for a conviction of a new felony offense, including when probation was revoked or terminated. (8) The number of adult felony probationers who had their probation revoked and were sent to county jail for that revocation. (9) The number of adult felony probationers sent to county jail for a conviction of a new felony offense, including when probation was revoked or terminated. (10) The number of felons placed on postrelease community supervision, commencing January 1, 2012. (11) The number of felons placed on mandatory supervision, commencing January 1, 2012. (12) The mandatory supervision population, commencing January 1, 2012. (13) The postrelease community supervision population, commencing January 1, 2012. (14) The number of felons on postrelease community supervision sentenced to state prison for a conviction of a new felony offense, commencing January 1, 2012. (15) The number of felons on mandatory supervision sentenced to state prison for a conviction of a new felony offense, commencing January 1, 2012. (16) The number of felons who had their postrelease community supervision revoked and were sent to county jail for that revocation, commencing January 1, 2012. This number shall not include felons on postrelease community supervision who are subject to flash incarceration pursuant to Section 3453. (17) The number of felons on postrelease community supervision sentenced to county jail for a conviction of a new felony offense, including when postrelease community supervision was revoked or terminated, commencing January 1, 2012. (18) The number of felons who had their mandatory supervision revoked and were sentenced to county jail for that revocation, commencing January 1, 2012. (19) The number of felons on mandatory supervision sentenced to county jail for a conviction of a new felony offense, including when mandatory supervision was revoked or terminated, commencing January 1, 2012.

Cal. Penal Code - PEN § 1232. Section 1232.

Commencing no later than 18 months following the initial receipt of funding pursuant to this chapter and annually thereafter, the Judicial Council, in consultation with the Department of Corrections and Rehabilitation, the Department of Finance, and the Chief Probation Officers of California, shall submit to the Governor and the Legislature a comprehensive report on the implementation of this chapter. The report shall include, but not be limited to, all of the following information: (a) The effectiveness of the community corrections program based on the reports of performance-based outcome measures required in Section 1231. (b) The percentage of offenders subject to local supervision whose supervision was revoked and who were sent to prison for the year on which the report is being made. (c) The percentage of offenders subject to local supervision who were convicted of crimes during their term of supervision for the year on which the report is being made. (d) The impact of the moneys appropriated pursuant to this chapter to enhance public safety by reducing the percentage and number of offenders subject to local supervision whose supervision was revoked for the year being reported on for violations or new convictions, and to reduce the number of offenders subject to local supervision who are sentenced to prison for a new conviction for the year on which the report is being made. (e) Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal, or local entities for improvements to this chapter.

Cal. Penal Code - PEN § 1233.1. Section 1233.1.

After the conclusion of each calendar year, the Department of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall calculate the following: (a) The per capita cost to the state to incarcerate in a state prison and supervise on parole an offender who fails local supervision and is sent to prison. (1) The per capita cost in this subdivision shall be calculated as the sum of both of the following: (A) The marginal cost to incarcerate an offender in prison multiplied by the average length of stay in prison. (B) The marginal cost to supervise an offender on parole multiplied by the average length of stay on parole multiplied by the percentage of offenders admitted to prison who are subsequently released to parole supervision. (2) The marginal cost to incarcerate an offender in prison specified in paragraph (1) shall be calculated by dividing the portion of the budget of the Department of Corrections and Rehabilitation that is annually adjusted based on changes in the prison population, including, but not limited to, pharmaceutical costs, by the average daily prison population. (3) The marginal cost to supervise an offender on parole specified in paragraph (1) shall be calculated by dividing the portion of the budget of the Department of Corrections and Rehabilitation that is annually adjusted based on changes in the parole population by the average daily parole population. (4) In carrying out the calculations pursuant to this subdivision, the Department of Finance, in consultation with the Department of Corrections and Rehabilitation, shall use data from the most recently completed fiscal year. (b) The probation failure rate, calculated as the total number of adult felony probationers, individuals on mandatory supervision, and individuals on postrelease community supervision, sent to state prison as a percentage of the average adult felony probation, mandatory supervision, and postrelease community supervision population for that year. (c) A felony probation baseline admission to prison rate for each county, calculated as an average of the annual felony probation admission to prison rate for calendar years 2022 and 2023. (d) A mandatory supervision baseline admission to prison rate for each county, calculated as an average of the annual mandatory supervision admission to prison rate for calendar years 2022 and 2023. (e) A postrelease community supervision baseline admission to prison rate for each county, calculated as an average of the annual postrelease community supervision admission to prison rate for calendar years 2022 and 2023. (f) The probation failure rate for each county shall be calculated as the total number of adult felony probationers, individuals on mandatory supervision, and individuals on postrelease community supervision, sent to state prison from that county, as a percentage of the county’s average adult felony probation, mandatory supervision, and postrelease community supervision population for that year. (g) An estimate of the number of adult felony probationers each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated as the actual number of individuals from felony probation admitted to state prison from each county in the previous calendar year subtracted from each county’s felony probation baseline admission to prison rate, calculated pursuant to subdivision (c), multiplied by the average daily population of felony probation for each county in the previous calendar year. (h) In calculating probation failure to prison rates for the state and individual counties, the number of adult felony probationers sent to state prison shall include those adult felony probationers sent to state prison for a revocation of probation, as well as adult felony probationers sent to state prison for a conviction of a new felony offense. The calculation shall also include adult felony probationers who are sent to state prison for a conviction of a new crime and who simultaneously have their probation terms terminated. (i) A mandatory supervision failure to prison rate for each county. Each county’s mandatory supervision failure to prison rate shall be calculated as the number of offenders supervised under mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 sent to prison from that county in the previous calendar year as a percentage of the county’s average mandatory supervision population for that year. (j) An estimate of the number of felons on mandatory supervision each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated as the actual number of individuals from mandatory supervision admitted to state prison from each county in the previous calendar year subtracted from each county’s mandatory supervision baseline admission to prison rate, calculated pursuant to subdivision (d), multiplied by the average daily population of mandatory supervision for each county in the previous calendar year. (k) A postrelease community supervision failure to prison rate for each county. Each county’s postrelease community supervision failure to prison rate shall be calculated as the number of offenders supervised under postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 sent to prison from that county in the previous calendar year as a percentage of the county’s average postrelease community supervision population for that year. (l) An estimate of the number of felons on postrelease community supervision each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated as the actual number of individuals from postrelease community supervision admitted to state prison from each county in the previous calendar year subtracted from each county’s postrelease community supervision baseline admission to prison rate, calculated pursuant to subdivision (e), multiplied by the average daily population of postrelease community supervision for each county from the previous calendar year. (m) The county return to prison rate. The combined individual county return to prison rate shall be calculated as the total number of offenders supervised by a county probation department as felony probationers, or subject to mandatory supervision pursuant to subdivision (h) of Section 1170, or subject to postrelease community supervision, who were sent to prison, as a percentage of the average adult felony probation, mandatory supervision, and postrelease community supervision population for that county. (n) A baseline return to prison rate for each county, calculated as an average of the county return to prison rate defined in subdivision (m) for calendar years 2022 and 2023. (o) It is the intent of the Legislature to modify the calendar years upon which the baseline admission to prison rates specified in subdivisions (c), (d), (e), and (n) are based on, as necessary, to minimize the extent to which factors unrelated to performance affect county performance incentive payments calculated pursuant to Section 1233.3.

Cal. Penal Code - PEN § 1233.2. Section 1233.2.

(a) Beginning with the 2025–26 fiscal year, the amount of one hundred three million six hundred sixty-eight thousand ten dollars ($103,668,010) is hereby annually appropriated from the General Fund to the State Community Corrections Performance Incentives Fund, established pursuant to Section 1233.5, for the community corrections program as a statewide performance maintenance payment. Funds allocated pursuant to this section shall be used as specified in paragraph (3) of subdivision (b) of Section 1230. Funds shall be allocated by the Controller to counties according to the requirements of the program and pursuant to the following schedule: Alameda $ 2,330,216 Alpine $ 168,800 Amador $ 197,308 Butte $ 351,445 Calaveras $ 432,151 Colusa $ 225,980 Contra Costa $ 5,606,841 Del Norte $ 168,800 El Dorado $ 294,130 Fresno $ 2,664,300 Glenn $ 188,356 Humboldt $ 890,805 Imperial $ 171,540 Inyo $ 187,451 Kern $ 1,282,194 Kings $ 933,353 Lake $ 392,522 Lassen $ 213,563 Los Angeles $ 31,577,019 Madera $ 1,044,486 Marin $ 833,952 Mariposa $ 168,800 Mendocino $ 500,078 Merced $ 871,819 Modoc $ 171,311 Mono $ 217,301 Monterey $ 253,591 Napa $ 278,323 Nevada $ 564,871 Orange $ 4,197,668 Placer $ 460,696 Plumas $ 373,623 Riverside $ 5,869,455 Sacramento $ 10,405,873 San Benito $ 238,189 San Bernardino $ 7,053,381 San Diego $ 2,473,762 San Francisco $ 2,583,106 San Joaquin $ 1,879,816 San Luis Obispo $ 1,116,156 San Mateo $ 992,398 Santa Barbara $ 1,195,901 Santa Clara $ 1,475,130 Santa Cruz $ 1,474,167 Shasta $ 432,159 Sierra $ 181,873 Siskiyou $ 239,996 Solano $ 681,311 Sonoma $ 901,241 Stanislaus $ 1,086,126 Sutter $ 622,956 Tehama $ 386,626 Trinity $ 168,800 Tulare $ 1,573,585 Tuolumne $ 322,723 Ventura $ 661,077 Yolo $ 1,270,110 Yuba $ 168,800 (b) (1) In order for a county to receive the full amount allocated in subdivision (a), the return to prison rate for that county, as defined in subdivision (m) of Section 1233.1, shall not exceed a threshold of 0.5 percentage points greater than the county baseline return to prison rate, as defined in subdivision (n) of Section 1233.1. (2) For each percentage point the county return to prison rate exceeds the threshold described in paragraph (1), the county allocation identified in subdivision (a) shall be reduced by a factor of 10 percent. (c) If county allocations are reduced pursuant to subdivision (b), the amount appropriated from the General Fund to the State Community Corrections Performance Incentives Fund in subdivision (a) shall be reduced by a corresponding amount.

Cal. Penal Code - PEN § 1233.3. Section 1233.3.

The Department of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall, for the most recently completed calendar year, annually calculate a county performance incentive payment for each eligible county. A county shall be eligible for compensation for each of the following: (a) The estimated number of felons on probation that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (g) of Section 1233.1, multiplied by 25 percent of the average of the state’s per capita costs to incarcerate a prison felony offender in a state prison and supervise an individual on parole, as defined in subdivision (a) of Section 1233.1. (b) The estimated number of felons on mandatory supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (j) of Section 1233.1, multiplied by 25 percent of the average of the state’s per capita costs to incarcerate a prison felony offender in a state prison and supervise an individual on parole, as defined in subdivision (a) of Section 1233.1. (c) The estimated number of felons on postrelease community supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (l) of Section 1233.1, multiplied by 25 percent of the average of the state’s per capita costs to incarcerate a prison felony offender in a state prison and supervise an individual on parole, as defined in subdivision (a) of Section 1233.1. (d) County performance incentive payments awarded based on the calculation pursuant to this section shall be used as specified in paragraph (3) of subdivision (b) of Section 1230.

Cal. Penal Code - PEN § 1233.4. Section 1233.4.

If data of sufficient quality and of the types required for the implementation of this chapter are not available to the Department of Finance, the Department of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, and Judicial Council, shall use the best available data to estimate each county’s Community Corrections Performance Incentives Fund grant allocation utilizing a methodology that is as consistent with that described in this chapter as is reasonably possible.

Cal. Penal Code - PEN § 1233.5. Section 1233.5.

(a) A statewide performance maintenance payment calculated pursuant to Section 1233.2 and a county performance incentive payment calculated pursuant to Section 1233.3 for any calendar year shall be provided to a county in the following fiscal year. The total annual payment to a county shall be divided into four equal quarterly payments. (b) The Department of Finance shall include an estimate of the total performance maintenance payments and county performance incentive payments to be provided to counties in the coming fiscal year as part of the Governor’s proposed budget released no later than January 10 of each year. This estimate shall be adjusted by the Department of Finance, as necessary, to reflect the actual calculations of probation failure reduction incentive payments in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council. This adjustment shall occur as part of standard budget revision processes completed by the Department of Finance in May of each year. (c) There is hereby established, in the State Treasury, the State Community Corrections Performance Incentives Fund, which is continuously appropriated. Moneys appropriated for purposes of statewide performance maintenance payments and county performance incentive payments authorized in Sections 1230 to 1233.6, inclusive, shall be transferred into this fund from the General Fund. Any moneys transferred into this fund from the General Fund shall be administered by the Judicial Council and the share calculated for each county probation department shall be transferred to its Community Corrections Performance Incentives Fund authorized in Section 1230. (d) For each fiscal year, the Department of Finance shall determine the total amount of the State Community Corrections Performance Incentives Fund and the amount to be allocated to each county, pursuant to Sections 1230 to 1233.6, inclusive, and shall report those amounts to the Controller. The Controller shall make an allocation from the State Community Corrections Performance Incentives Fund authorized in subdivision (c) to each county in accordance with the amounts provided. (e) Notwithstanding Section 13340 of the Government Code, each fiscal year, the amount of one million dollars ($1,000,000) is hereby continuously appropriated from the State Community Corrections Performance Incentives Fund to the Judicial Council for the costs of implementing and administering this program, pursuant to subdivision (c), and the 2011 realignment legislation addressing public safety. (f) A county that fails to provide the information required in Section 1231 to the Judicial Council shall not be eligible for the statewide performance maintenance payment pursuant to Section 1233.2 or the county performance incentive payment pursuant to Section 1233.3.

Cal. Penal Code - PEN § 1233.6. Section 1233.6.

(a) The Department of Finance shall increase to no more than two hundred thousand dollars ($200,000) the award amount for any county whose statewide performance maintenance payment and county performance incentive payment, as calculated pursuant to Sections 1233.2 and 1233.3, totals less than two hundred thousand dollars ($200,000). Funds allocated pursuant to this section shall be used as specified in paragraph (3) of subdivision (b) of Section 1230. (b) A county that fails to provide the information specified in Section 1231 to the Judicial Council shall not be eligible for payment pursuant to this section. (c) The moneys appropriated pursuant to this chapter shall be used to supplement, not supplant, any other state or county appropriation for a CPO or a probation department.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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