Bill Text: CA AB36 | 2013-2014 | Regular Session | Amended
Bill Title: Probation officer: appointments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB36 Detail]
Download: California-2013-AB36-Amended.html
BILL NUMBER: AB 36 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY FEBRUARY 26, 2013
INTRODUCED BY Assembly Member Dahle
DECEMBER 3, 2012
An act to amend Section 1203.6 of the Penal Code, and to amend
Section 270 of the Welfare and Institutions Code, relating to
probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 36, as amended, Dahle. Probation officer: appointments.
Existing law establishes the office of the adult probation
officer, and provides for the appointment and removal of the adult
probation officer in each county by the court, except if otherwise
provided for in a charter county.
This bill would require the board of supervisors , in
conjunction with the presiding judge, to appoint and would
authorize the board to remove, for good cause, the adult
probation officer. The bill would permit the courts to have
input during the appointment process. The bill would
require, in a county where the superior court has more than 2 judges,
that the board of supervisors, in conjunction with a majority of the
judges, make the appointment and be authorized to effect the removal
of the adult probation officer.
Existing law authorizes the office of probation officer to
be appointed by the juvenile court, upon nomination by the
juvenile justice commission or the regional justice commission,
unless otherwise provided in charter counties. This probation officer
and his or her appointees are ex officio adult probation officers,
unless the county charter provides for a separate office of adult
probation officer.
This bill would require the board of supervisors to appoint the
probation officer, upon nomination by the juvenile justice commission
or the regional justice commission, in a manner determined by
ordinance, with input by the juvenile court during the appointment
process.
This bill would require the board of supervisors to, by ordinance,
direct the manner in which a probation officer in any county is
nominated by the juvenile justice commission or the regional justice
commission, and would require the board of supervisors, in
conjunction with the judge of the juvenile court, to appoint the
probation officer.
Existing law authorizes the probation officer to appoint deputies
or assistant probation officers, subject to approval by a majority
vote of the juvenile justice commission and the judge of the juvenile
court, and in order for the probation officer, in his or her
discretion, to terminate or revoke the appointment of the deputies or
assistants, the probation officer would need the written approval of
a majority of the members of the juvenile justice commission and of
the judge of the juvenile court. Existing law authorizes the judge of
the juvenile court to remove the probation officer for good cause
shown, and but the removal may take
place at any time, in the judge's discretion, with the written
approval of a majority of the juvenile justice commission.
This bill would delete the requirement that the judge of the
juvenile court approve the probation officer's appointments and
instead require the county board of supervisors to do so. The bill
would delete the probation officer's discretion to terminate or
revoke the appointment of deputies or assistant probation officers.
The bill would also delete the judge of the juvenile court and the
juvenile justice commission's authority in the removal of the
probation officer, and only allow the probation officer to be removed
by the county board of supervisors for good cause shown.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.6 of the Penal Code is amended to read:
1203.6. (a) The county board of supervisors , in conjunction
with the presiding judge, shall appoint and may remove for
good cause the adult probation officer. In a county with two
superior court judges, the presiding judge shall have input during
the appointment process of the adult probation officer. In
a county where the superior court has more than two judges, the
county board of supervisor s , in
conjunction with a majority of the judges , shall
have input during the appointment process
make the appointment and may effect removal of the adult probation
officer .
(b) The salary of the probation officer shall be established by
the board of supervisors.
(c) The adult probation officer shall appoint and may remove all
assistants, deputies, and other persons employed in the officer's
department, and their compensation shall be established, according to
the merit system or civil service system provisions of the county.
If no merit system or civil service system exists in the county, the
board of supervisors shall provide for appointment, removal, and
compensation of those personnel.
(d) This section is applicable in a charter county whose charter
establishes the office of adult probation officer and provides that
the officer shall be appointed in accordance with general law subject
to the merit system provisions of the charter.
SEC. 2. Section 270 of the Welfare and Institutions Code is
amended to read:
270. (a) Except as provided in Section 69906.5 of the Government
Code, there shall be in each county the offices of probation officer,
assistant probation officer, and deputy probation officer. A
probation officer shall be appointed in every county.
(b) The board of supervisors shall, by ordinance, direct the
manner in which a probation officer in any county is nominated by the
juvenile justice commission or regional justice commission of the
county. The board of supervisors , in conjunction with the judge
of the juvenile court, shall appoint the probation
officer with the input of the judge of the juvenile court during the
appointment process. officer.
(c) The probation officer may appoint as many deputies or
assistant probation officers as the probation officer desires; but
the deputies or assistant probation officers shall not have authority
to act until their appointments have been approved by a majority
vote of the members of the juvenile justice commission, and by the
board of supervisors. The term of office of each deputy or assistant
probation officer shall expire with the term of the probation officer
who appointed the deputy or assistant probation officer.
(d) Probation officers may at any time be removed by the board of
supervisors for good cause shown.
