BILL NUMBER: SB 858	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Gaines

                        FEBRUARY 18, 2011

   An act to amend Section 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: 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.  Existing law
also authorizes the office of a probation officer appointed by the
juvenile court, except as otherwise provided in charter counties, and
specifies that this probation officer, and his or her appointees,
are ex officio adult probation officers, unless the county charter
provides for the separate office of adult probation officer. 
   This bill would provide that the Chief Probation Officer of Nevada
County  over adult and   juvenile probation  be
appointed  and removed  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.
   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  over
adult and juvenile probation  shall be appointed  and
removed  by the Board of Supervisors of Nevada County.
  SEC. 2.  Section 1203.6 of the Penal Code is amended to read:
   1203.6.  (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.
   (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 such 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. 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.
   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.