BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1165|
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THIRD READING
Bill No: AB 1165
Author: Achadjian (R)
Amended: 1/5/12 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/12/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
ASSEMBLY FLOOR : 64-0 (Consent), 1/13/12 - See last page
for vote
SUBJECT : Domestic violence: probation: terms
SOURCE : Chief Probation Officers of California
DIGEST : This bill provides that an act or omission
relating to the approval of a batterer's treatment
programs, as specified, is a discretionary act for the
purposes of the above provision.
ANALYSIS : Existing law provides that "domestic violence"
is abuse perpetrated against any of the specified persons,
including among others:
a spouse or former spouse;
a person with whom the respondent is having or has had
a dating or engagement relationship; and
CONTINUED
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a child of a party or a child who is the subject of an
action under the Uniform Parentage Act, where the
presumption applies that the male parent is the father
of the child to be protected. (Family Code Section
6211)
Existing law requires that a person granted probation for a
crime of domestic violence, as defined above, be subject to
special conditions upon probation, including, among other
things, that the person successfully complete a batterer's
program, or another appropriate counseling program
designated by the court if none is available, for a period
of not less than one year, as specified. (Penal Code (PEN)
Section 1203.097(a)(6))
Existing law mandates that the court or the probation
department refer defendants only to batterer's programs
that follow specified standards. Existing law requires
that the probation department design and implement an
approval and renewal process for batterer's programs and
solicit input from criminal justice agencies and domestic
violence victim advocacy programs. (PEN Section
1203.097(c))
Existing law provides that the probation department shall
have the sole authority to approve a batterer's program for
probation and that the program shall be required to obtain
only one approval, but shall renew that approval annually.
(PEN Section 1203.097(c)(5))
Existing law prescribes certain procedures for the approval
of a new or existing program. (PEN Section
1203.097(c)(5)(A))
Existing law provides that the probation department has the
sole authority to approve the issuance, denial, suspension,
or revocation of approval and to cease new enrollments or
referrals to a batterer's program. Existing law requires
the probation department to review information relative to
a program's performance or failure to adhere to standards,
or both. Existing law permits the probation department to
suspend or revoke any approval, or deny an application to
renew an approval, or to modify the terms and conditions of
approval, as specified. (PEN Section 1203.097(c)(5)(C))
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Existing law, the Government Tort Claims Act, provides that
a public employee is not liable for an injury resulting
from the employee's act or omission where it was a result
of the exercise of the discretion vested in the employee,
whether or not such discretion was abused, except as
otherwise provided by statute. (Goverment Code (GOV)
Section 820.2)
Existing law provides that a public entity is not liable
for an injury resulting from an act or omission of an
employee of the public entity where the employee is immune
from liability. (GOV Section 815.2(b))
This bill provides that an act or omission relating to the
approval of a batterer's treatment programs under PEN
Section 1203.097(c)(5) is a discretionary act pursuant to
the above provision.
This bill makes other technical and non-substantive
changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/13/12)
Chief Probation Officers of California (source)
AFSCME, AFL-CIO
Association for Los Angeles Deputy Sheriffs
California Probation Parole and Correctional Association
Los Angeles County Probation Officers Union
Riverside Sheriffs' Association
State Coalition of Probation Organizations
ARGUMENTS IN SUPPORT : According to the author:
County probation departments are not clearly provided
immunity from civil liability in existing statute for
the Ýcertification] of domestic violence batterers
programs, resulting in litigation filed against
probation departments. Two cases have been brought
against a county probation department for failing to
approve or renew applications by a provider seeking
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batterer's Treatment Certification. As a result of
those cases, the concern has been raised to seek to
clarify that the decision to approve or disapprove a
program is discretionary.
Assembly Bill 1165 would provide county probation
departments responsible for the certification of
domestic violence batterers programs with immunity from
civil liability, similar to immunity that is provided to
public entities in the Government Code. This bill would
clarify that decisions to approve or disapprove a
batterer's treatment program shall be deemed a
"discretionary" act.
The sponsor of this bill, the Chief Probation Officers of
California writes, "Ýs]ince 2003, a person who is on
probation for committing a crime of domestic violence is
subject to special conditions on probation, including
completion of an approved batterer's treatment program. As
part of this requirement, probation departments are given
'sole authority' to approve, renew, or revoke a batterer's
program. . . . It is critical that probation departments
have the authority to certify programs that meet all of the
requirements of the statute and show compliance with the
requirements of the law without being held civilly liable
for carrying out these requirements."
ASSEMBLY FLOOR : 64-0, 1/13/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Cedillo, Chesbro,
Conway, Cook, Dickinson, Donnelly, Eng, Feuer, Fletcher,
Fong, Fuentes, Beth Gaines, Galgiani, Gatto, Gordon,
Hagman, Halderman, Harkey, Hayashi, Roger Hernández,
Hill, Huber, Hueso, Jeffries, Knight, Lara, Logue, Bonnie
Lowenthal, Mansoor, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Solorio, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Bill Berryhill, Block, Carter, Davis,
Furutani, Garrick, Gorell, Grove, Hall, Huffman, Jones,
Ma, Mendoza, Norby, Smyth, Swanson
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RJG:k 6/14/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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