Bill Text: CA AB1090 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: County officers: sheriffs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1090 Detail]

Download: California-2023-AB1090-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1090

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Introduced by Assembly Member Jones-Sawyer

February 15, 2023

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An act to add Section 25303.8 to the Government Code, and to amend Sections 852, 854, 855, 862, 870, and 871 of the Welfare and Institutions Code, relating to county officers.

LEGISLATIVE COUNSEL'S DIGEST

AB 1090, as introduced, Jones-Sawyer. County officers: sheriff: juvenile hall.

Existing law requires the Legislature to provide for an elected county sheriff and provides for the duties of the sheriff. Existing law requires the board of supervisors to supervise all county officers, except as provided.

Existing law provides for the removal of public officers for willful or corrupt misconduct in office. Existing law provides that an accusation in writing against any officer of a district, county, or city for willful or corrupt misconduct in office may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed. Existing law requires that the court pronounce judgment that the officer be removed from office upon a conviction and at the time appointed by the court.

This bill would authorize the board of supervisors to remove a sheriff from office for cause, by a ⁴/₅ vote, after the sheriff is served with a written statement of the alleged grounds for removal and the sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding. The bill would authorize the board of supervisors to establish procedures for a removal proceeding. The bill would require that these provisions not be applied in a manner that interferes with the constitutional functions of a sheriff.

Existing law places juvenile hall under the management and control of the county probation officer. Existing law authorizes the county probation officer to appoint the superintendent and other employees of the juvenile hall, as specified, and requires the probation officer to keep a classified list of the expenses for the operation of juvenile hall.

This bill would authorize a board of supervisors of any county, by resolution, to appoint an executive officer to manage and control juvenile hall. The bill would also make conforming changes to make specific reference to this executive officer, and would make other technical, nonsubstantive changes.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 25303.8 is added to the Government Code, to read:

25303.8.

 (a) The board of supervisors may remove a sheriff from office for cause, by a four-fifths vote, after both of the following have occurred:

(1) The sheriff is served with a written statement of the alleged grounds for removal.

(2) The sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding.

(b) The board of supervisors may establish procedures for a removal proceeding held pursuant to this section.

(c) This section shall not be applied in a manner that interferes with the constitutional functions of a sheriff.

SEC. 2.

 Section 852 of the Welfare and Institutions Code is amended to read:

852.

 The juvenile hall shall be under the management and control of the probation officer. officer, unless the board of supervisors of any county, by resolution, appoints an executive officer to manage and control the juvenile hall.

SEC. 3.

 Section 854 of the Welfare and Institutions Code is amended to read:

854.

 The superintendent and other employees of the juvenile hall shall be appointed by the probation officer, officer or executive officer, pursuant to a civil service or merit system, and may be removed, for cause, pursuant to such system.

SEC. 4.

 Section 855 of the Welfare and Institutions Code is amended to read:

855.

 The probation officer or executive officer shall keep a classified list of expenses for the operation of the juvenile hall and shall file a duplicate copy with the county board of supervisors.

SEC. 5.

 Section 862 of the Welfare and Institutions Code is amended to read:

862.

 In addition to those juveniles specified in Section 850, the probation officer or executive officer may receive and detain in the county juvenile hall any juvenile committed thereto by process or order issued under the authority of the United States until such juvenile is discharged according to law as if he they had been committed under process issued under the authority of this state, provided, that, in the absence of a valid detention order issued by a federal court, such detention shall not exceed three judicial days. Juveniles detained pursuant to this section shall have all the rights, powers, privileges, and duties, and shall receive the same treatment, afforded juveniles detained pursuant to the laws of this state. The board of supervisors of a county may contract with the United States for reimbursement of the county’s cost incurred in the support of such juvenile.

SEC. 6.

 Section 870 of the Welfare and Institutions Code is amended to read:

870.

 Two or more counties may, pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, establish and operate a joint juvenile hall. A joint juvenile hall shall be under the management and control of the probation officers or executive officers of the participating counties, acting jointly, or of one of such probation officers, officers or executive officers, as provided by the agreement among the counties, and shall be in the charge of a superintendent selected pursuant to a civil service or merit system. A joint juvenile hall shall be operated in the manner prescribed by this chapter for juvenile halls.

A county participating in the maintenance of a joint juvenile hall pursuant to this section need not maintain a separate juvenile hall.

SEC. 7.

 Section 871 of the Welfare and Institutions Code is amended to read:

871.

 (a) Any person under the custody of a probation officer officer, executive officer, or any peace officer in a county juvenile hall, or committed to a county juvenile ranch, camp, forestry camp, or regional facility, who escapes or attempts to escape from the institution or facility in which he or she is they are confined, who escapes or attempts to escape while being conveyed to or from such an institution or facility, or who escapes or attempts to escape while outside or away from such an institution or facility while under the custody of a probation officer officer, executive officer, or any peace officer, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year.

(b) Any person who commits any of the acts described in subdivision (a) by use of force or violence shall be punished by imprisonment in a county jail for not more than one year or by imprisonment in the state prison.

(c) The willful failure of a person under the custody of a probation officer officer, executive officer, or any peace officer in a county juvenile hall, or committed to a county juvenile ranch, camp, or forestry camp, to return to the county juvenile hall, ranch, camp, or forestry camp at the prescribed time while outside or away from the county facility on furlough or temporary release constitutes an escape punishable as provided in subdivision (a). However, a willful failure to return at the prescribed time shall not be considered an escape if the failure to return was reasonable under the circumstances.

(d) A minor who, while under the supervision of a probation officer, officer or executive officer, removes his or her their electronic monitor without authority and who, for more than 48 hours, violates the terms and conditions of his or her their probation relating to the proper use of the electronic monitor shall be guilty of a misdemeanor. If an electronic monitor is damaged or discarded while in the possession of the minor, restitution for the cost of replacing the unit may be ordered as part of the punishment.

(e) The liability established by this section shall be limited by the financial ability of the person or persons ordered to pay restitution under this section, who shall be entitled to an evaluation and determination of ability to pay under Section 903.45.

(f) For purposes of this section, “regional facility” means any facility used by one or more public entities for the confinement of juveniles for more than 24 hours.