BILL NUMBER: SB 858 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator Gaines
FEBRUARY 18, 2011
An act to amend Section 1202.7 of the Penal Code
1203.6 of, and to add Section 1203.55 to, the Penal
Code, and to amend Section 270 of the Welfare and Institutions Code
, relating to probation.
LEGISLATIVE COUNSEL'S DIGEST
SB 858, as amended, Gaines. Probation: considerations.
Chief Probation Officer of Nevada County.
Existing law establishes the office of adult probation officer,
and provides for the appointment of a probation officer in each
county. Existing law provides that the probation officer be appointed
by the court, except in charter counties, where the probation
officer is appointed by the board of supervisors.
This bill would provide that the Chief Probation Officer of Nevada
County be appointed by the Nevada County Board of Supervisors.
This bill would make legislative findings and declarations as to
the necessity of a special statute for as to the necessity of a
special statute for Nevada County.
The bill would make additional conforming changes.
Existing law expresses the finding and declaration of the
Legislature that the provision of probation services is an essential
element in the administration of criminal justice. Existing law
specifies that the safety of the public, the nature of the offense,
the interests of justice, the loss to the victim, and the needs of
the defendant shall be the primary considerations in the granting of
probation.
This bill would make technical, nonsubstantive changes to these
provisions.
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 1203.55 is added to the
Penal Code , to read:
1203.55. The Chief Probation Officer of Nevada County shall be
appointed by the board of supervisors of Nevada County.
SEC. 2. Section 1203.6 of the Penal
Code is amended to read:
1203.6. The (a)
Except as provided in Section 1203.55, 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.
The
(b) The salary of the probation
officer shall be established by the board of supervisors.
The
(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 such personnel.
This
(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. 3. Section 270 of the Welfare and
Institutions Code is amended to read:
270. 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.
Probation
Except as provided in Section 1203.55 of the Penal Code,
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.
The probation officer appointed pursuant to this section
may appoint as many deputies or assistant probation officers as
the probation officer desires; but such 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 judge of the juvenile
court. The term of office of each such deputy or assistant probation
officer shall expire with the term of the probation officer who
appointed the deputy or assistant probation officer, but the
probation officer, with the written approval of the majority of the
members of the juvenile justice commission and of the judge of the
juvenile court, may, in the probation officer's discretion, revoke
and terminate any such appointment at any time.
Probation officers appointed pursuant to this section
may at any time be removed by the judge of the juvenile court for
good cause shown; and the judge of the juvenile court may in the
judge's discretion at any time remove any such probation officer with
the written approval of a majority of the members of the juvenile
justice commission.
SEC. 4. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique needs requiring direct
county administration over adult probation services in Nevada County.
SECTION 1. Section 1202.7 of the Penal Code is
amended to read:
1202.7. The Legislature finds and declares that the provision of
probation services is an essential element in the administration of
criminal justice. The safety of the public, which shall be a primary
goal through the enforcement of court-ordered conditions of
probation; the nature of the offense; the interests of justice,
including punishment, reintegration of the offender into the
community, and enforcement of conditions of probation; the loss to
the victim; and the needs of the defendant shall be the primary
considerations in granting probation. It is the intent of the
Legislature that efforts be made with respect to persons who are
subject to Section 290.011 who are on probation to engage them in
treatment.