Section 247. Direct probation services to counties in certain cases  


Latest version.
  • 1. In
      any case where the number of probation officers required for service  to
      all  courts  within  a  county  is  not  in  excess of five officers, as
      determined pursuant to standards for probation administration formulated
      by the director, the chief executive officer of  the  county,  with  the
      approval of the governing board of such county, may request the division
      of  probation  and  correctional  alternatives  to perform all probation
      services in such county. The director may agree to perform such services
      if sufficient personnel of the division are available  to  perform  such
      services  as well as the other services and duties of the division or if
      additional personnel can be employed for such  services  within  amounts
      appropriated  therefor. In the event the director is of the opinion that
      the  division  should  perform  such  services  but  cannot  supply  the
      personnel  therefor,  the  director  may  agree to perform such services
      contingent upon an appropriation being made for such purpose. After  the
      division  has commenced performance of probation services in the county,
      the division shall be deemed and held to be the probation department  of
      the   county   and  the  officers  of  the  division  of  probation  and
      correctional alternatives designated to  render  probation  services  in
      that  county  shall have all the duties and powers of probation officers
      of that county. Such officers  shall  work  under  the  supervision  and
      direction of the director of probation and correctional alternatives and
      in  cooperation  with  the court or courts that are served. The division
      may discontinue such service at any time but shall not  be  required  to
      discontinue  such  service  solely  by virtue of the fact that more than
      five probation officers are needed for performance of the work at a time
      that is subsequent to the time performance of such services commenced.
        2. Where the director finds that a county or combination  of  counties
      within  the  state is not supplying sufficient probation services to its
      courts, he may, after consultation with the state probation  commission,
      direct the performance of such services in that county or combination of
      counties by the division of probation and correctional alternatives.
        Personnel of the division assigned to perform direct probation service
      pursuant  to  this  subdivision  shall  have  the  duties  and powers of
      probation officers. They shall work under the supervision and  direction
      of  the  director  of  probation  and  correctional  alternatives and in
      cooperation with the court or courts to which they are assigned.
        The  director  of  probation  and  correctional   alternatives   shall
      determine the extent of direct probation services to be furnished to any
      county  or  combination of counties pursuant to this subdivision and the
      duration of such services, except that in  no  case  shall  such  direct
      probation   services  be  furnished  to  any  county  pursuant  to  this
      subdivision for a total period exceeding two years.
        3. No charge shall be made to  any  county  or  other  unit  of  local
      government  for  services  performed  by  the  division pursuant to this
      section.