Probation officers applaud governor’s speech on criminal law changes

SACRAMENTO — A room full of burly probation officers might not seem like the best audience for Gov. Gavin Newsom. But California’s liberal governor received a standing ovation after a speech on Wednesday when he told them they were a key partner in his efforts to remake the state’s criminal justice system.

As part of his annual budget proposal in January, Newsom introduced a plan that would reduce the amount of time many released prisoners would spend on probation. He also called for front-loading rehabilitation and support programs toward the initial months after a convict leaves prison, when such programs have been shown to do the most good. This followed another significant change, Newsom’s 2019 decision to move the juvenile justice system out of the Department of Corrections and Rehabilitation.

Speaking at the day-long conference held by the Chief Probation Officers of California, Newsom also thanked the officers for coping with a long list of criminal justice changes in recent years.

“We’re here to talk about the last decade and quite a remarkable journey you have all been on. This criminal justice journey has really been an alphabet soup of letters and numbers, not just SB 678 but SB 10, AB 109, Prop. 47, 57,” Newsom said, “an alphabet soup of stress and anxiety.”

The event was titled the “Evolution of California’s Justice System Through SB 678.” This is a 2009 law authored by another San Francisco liberal who addressed the crowd earlier, former state Sen. Mark Leno. Passed with near-unanimous bipartisan support near the height of California’s prison overcrowding crisis, SB 678 created a performance-based funding system for probation departments to explore “evidence-based practices” to reduce recidivism.

Newsom told the officers the bill has become a success because of what they’ve done with it.

“Success leaves clues,” Newsom said. “You’ve proven we can significantly reduce the population.”

A pair of criminal justice professors who spoke just before Newsom detailed some of the success of the bill they found in their research. Mia Bird, a visiting assistant professor at UC Berkeley’s Goldman School of Public Policy, said because of the bill, California moved more aggressively than most other states in using probation as a means of reducing recidivism.

“Probation seemed like a remarkable option in terms of thinking about how to have intervention that is more cost effective,” Bird said.

While the law was “very forward looking,” she added, one of the best things SB 678 did was provide “a stable source of funding.” This consistency not only kept programs in place at the county level but facilitated ongoing collaboration and information sharing between probation departments in different counties. It also “focused resources on evidence-based practices” and allowed the state to monitor different approaches over time.

Ryken Garrett, a sociology professor at UC Davis who focuses on criminal justice, presented survey data he said showed the law appeared to help change attitudes among probation officers themselves. Between 2002 and 2019, for instance, officers became far less focused on punitive approaches like drug testing and far more focused on providing education, counseling and support, Garrett said. While some of this change was generational due to retirements, much of it came from veteran officers still on the job.

Some of this change in attitude might be seen in the reaction different law enforcement groups had to Newsom’s $210 million, four-year probation proposal. The president of the California Police Chiefs Association oppose the idea while Brian Richart, the president Chief Probation Officers of California, has spoken out in favor of it.

This is despite the fact some of the changes Newsom has proposed are significant. For instance, it would set a two-year maximum on probation, down from five years for felons and three for those found guilty of misdemeanors.

In his remarks, Newsom also noted prior criminal justice changes have not come without problems and said he saw probation officers as a key part of addressing these issues. For one thing, he said, prison releases forced their departments to oversee a number of more serious offenders.

He also cited an increase in shoplifting and car break-ins. In a 2018 report, the Public Policy Institute of California linked this rise to Proposition 47, a 2014 voter initiative that reduced many such crimes from felonies to misdemeanors.

The governor also noted other issues, like the looming presence of SB 10, a law that will phase out cash bail if it survives a fall referendum, noting $75 million in his budget proposal for pilot projects on pretrial assessment. Newsom also sought to reassure the group over the ongoing reduction in fines and fees revenue collected by courts has been hitting probation office budgets.

“I’m grateful to all of you for your help and your support,” Newsom said. “I want you to know I will help you.”