BILL NUMBER: AB 36	INTRODUCED
	BILL TEXT


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:

   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. 
    1203.6.    (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.  
   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   those  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. 2.  Section 270 of the Welfare and Institutions Code is
amended to read:
   270.   (a)   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 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.
 
   (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.  
   The 
    (c)     The  probation officer may
appoint as many deputies or assistant probation officers as the
probation officer desires; but  such   the 
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   board of
supervisors  . 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 
    (d)     Probation  officers may at any
time be removed by the  judge of the juvenile court
  board of supervisors  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  .