California Senate Bill SB858 Latest Draft

 BILL NUMBER: SB 858AMENDED 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 F 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: F 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 Fto 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 Fcommission. 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.