Reforming Adult Felony Probation to Ease Prison Overcrowding: An Overview of California S.B. 678

Jessica K. Feinstein, Stanford University

Abstract

This article provides a holistic examination of California’s groundbreaking Community Corrections Performance Incentives Act, S.B. 678, passed in 2009 in response to California’s prison crisis. S.B. 678 seeks to create stable funding for county probation departments to implement evidence-based practices by shifting resources from the state prison budget to county probation. Probation is the most frequently imposed form of criminal sentence in California—nor is it limited to the least serious offenders. Estimates of the state’s adult probation population range from roughly 325,000 to 350,000.

The article illuminates the goals and mechanisms of S.B. 678 and the challenges facing its implementation. It is based on interviews with probation officers, those involved in drafting the bill, and comprehensive but underutilized reports. Section II discusses the current state of California’s dysfunctional adult probation system; Section III explicates previous attempts to reform probation in California and legislative efforts in other states; Section IV details the careful maneuvering and unusual political environment which lead to the drafting and passage of the bill and explains the mechanics of the bill; and Section V explores the potential pitfalls and challenges facing successful implementation.