BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1165| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1165 Author: Achadjian (R) Amended: 8/8/12 in Senate 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. Senate Floor Amendments of 8/8/12 provide double-jointing language in the event that both this bill and AB 2094 (Butler) are enacted. ANALYSIS : Existing law provides that "domestic violence" is abuse perpetrated against any of the specified persons, including among others: a spouse or former spouse; CONTINUED AB 1165 Page 2 a person with whom the respondent is having or has had a dating or engagement relationship; and 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, CONTINUED AB 1165 Page 3 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)) 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. (Government 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 is double-jointed with AB 2094 (Butler). This bill makes other technical and non-substantive changes. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/9/12) 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 CONTINUED AB 1165 Page 4 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 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, CONTINUED AB 1165 Page 5 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 RJG:k 8/9/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED