California 2013-2014 Regular Session Status: In Committee

AB 36 — Probation officer: appointments.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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, in conjunction with the presiding judge, to appoint and would authorize the board to remove, for good cause, the adult probation officer. The bill would require, in a county where the superior court has more than 2 judges, that the board of supervisors, in conjunction with a majority of the judges, make the appointment and be authorized to effect the removal of the adult probation officer. Existing law authorizes the office of probation officer to 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, by ordinance, direct the manner in which a probation officer in any county is nominated by the juvenile justice commission or the regional justice commission, and would require the board of supervisors, in conjunction with the judge of the juvenile court, to appoint the probation officer. 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, but 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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. Re-referred to Com. on PUB. S.

  6. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  7. Referred to Com. on PUB. S.

  8. From printer. May be heard in committee January 3.

  9. Read first time. To print.

Sponsors

  • Dahle · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Dahle

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does AB 36 do?
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, in conjunction with the presiding judge, to appoint and would authorize the board to remove, for good cause, the adult probation officer. The bill would require, in a county where the superior court has more than 2 judges, that the board of supervisors, in conjunction with a majority of the judges, make the appointment and be authorized to effect the removal of the adult probation officer. Existing law authorizes the office of probation officer to 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, by ordinance, direct the manner in which a probation officer in any county is nominated by the juvenile justice commission or the regional justice commission, and would require the board of supervisors, in conjunction with the judge of the juvenile court, to appoint the probation officer. 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, but 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.
Who sponsors AB 36?
AB 36 is sponsored by Dahle.
What is the current status of AB 36?
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 36?
Track AB 36 free on One Click Politics — get push/email alerts when it moves.

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