California Legislature—2013–14 Regular Session

Assembly Bill No. 36

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 introduced, 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 to appoint and 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.

Existing law authorizes the office of probation officer 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.

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 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:

begin delete

1203.6.  

The adult probation officer shall be appointed and may
be removed for good cause in a county with two superior court
judges, by the presiding judge. In the case of a superior court of
more than two judges, a majority of the judges shall make the
appointment, and may effect removal.

end delete

begin insert

begin insert 1203.6. end insert   

end insert begin insert

(a) The county board of supervisors 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, a
majority of the judges shall have input during the appointment
process.

end insert begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert salary of the probation officer shall be established by
the board of supervisors.

begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert adult probation officer shall appoint and may remove
all assistants, deputies begin insert , end insert 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 begin delete such end delete begin insert those end insert personnel.

begin delete

This

end delete

begin insert (d) end insert begin insert   end insert begin insert This end insert 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.  

begin insert (a) end insert begin insert   end insert 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.

begin delete

Probation officers in any county shall be nominated by the
juvenile justice commission or regional juvenile justice commission
of such county in such manner as the judge of the juvenile court
in that county shall direct, and shall then be appointed by such
judge.

end delete begin insert

(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 shall appoint the probation
officer with the input of the judge of the juvenile court during the
appointment process.

end insert begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert probation officer may appoint as many deputies or
assistant probation officers as the probation officer desires; but
begin delete such end delete begin insert the end insert 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 begin delete judge of the juvenile court end delete begin insert board of supervisors end insert . The
term of office of each begin delete such end delete deputy or assistant probation officer
shall expire with the term of the probation officer who appointed
the deputy or assistant probation officer begin delete , but the probation officer, end delete
begin delete with the written approval of the majority of the members of the end delete
begin delete juvenile justice commission and of the judge of the juvenile court, end delete
begin delete may, in the probation officer’s discretion, revoke and terminate end delete
begin delete any such appointment at any time end delete .

begin delete

Probation

end delete

begin insert (d) end insert begin insert   end insert begin insert Probation end insert officers may at any time be removed by the begin delete judge end delete
begin delete of the juvenile court end delete begin insert board of supervisors end insert for good cause shown begin delete ; end delete
begin delete and the judge of the juvenile court may in the judge’s discretion end delete
begin delete at any time remove any such probation officer with the written end delete
begin delete approval of a majority of the members of the juvenile justice end delete
begin delete commission end delete .