(a) The courts shall establish pretrial assessment services. The services may be performed by court employees or the court may contract for those services with a qualified local public agency with relevant experience.

(b) Before the court decides to not enter into a contract with a qualified local public agency, the court shall find that agency will not agree to perform this function with the resources available or does not have the capacity to perform the function.

(c) If no qualified local agency will agree to perform this pretrial assessment function for a superior court, and the court elects not to perform this function, the court may contract with a new local pretrial assessment services agency established to specifically perform this role.

(d) For the purpose of the provision of pretrial assessment services, the court may not contract with a qualified local public agency that has primary responsibility for making arrests and detentions within the jurisdiction.

(e) Pretrial assessment services shall be performed by public employees.

(f) Notwithstanding subdivision (i), the Superior Court of the County of Santa Clara may contract with the Office of Pretrial Services of the County of Santa Clara to provide pretrial assessment services within the County of Santa Clara and that office shall be eligible for funding allocations pursuant to subdivision (c) of Section 1320.27 and Section 1320.28.

(g) Notwithstanding subdivision (e), until January 1, 2023, a qualified local public agency in the City and County of San Francisco may contract with the existing not-for-profit entity that is performing pretrial services in the city and county for pretrial assessment services to provide continuity and sufficient time to transition the entity’s employees into public employment.

(h) On or before February 1, 2019, the presiding judge of the superior court and the chief probation officer of each county, or the director of the County of Santa Clara’s Office of Pretrial Services for that county, shall submit to the Judicial Council a letter confirming their intent to contract for pretrial assessment services pursuant to this section.

(i) For the purposes of this section:

(1) “Pretrial Assessment Services” does not include supervision of persons released under this chapter.

(2) A “qualified local public agency” is one with experience in all of the following:

(A) Relevant expertise in making risk-based determinations.

(B) Making recommendations to the courts pursuant to Section 1203.

(C) Supervising offenders in the community.

(D) Employing peace officers.

(Amended (as added by Stats. 2018, Ch. 244) by Stats. 2018, Ch. 980, Sec. 2. (SB 1054) Effective January 1, 2019. Pursuant to Sec. 3 of Stats. 2018, Ch. 980, this amendment is operative only if and when the addition of this section by Stats. 2018, Ch. 244, becomes effective.)