Domestic violence: probation: terms.

Existing law requires that for a person granted probation for a conviction of domestic violence, the terms of the probation are required to include, among other things, a minimum period of probation of 36 months, notice to the victim of the disposition of the case, and successful completion of a batterer's program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year. Existing law requires, for a person granted formal probation for a conviction of domestic violence, that the probation department make an investigation and take into consideration specified factors in determining which batterer's program would be appropriate for the defendant. Existing law also requires the probation department to determine which community programs would benefit the defendant and which programs would accept the defendant. After the court orders the defendant to a batterer's program, existing law requires the probation department to conduct an initial assessment of the defendant, as provided. Existing law requires the court and the probation department to refer defendants only to batterer's programs that follow certain standards, as specified. Existing law requires the probation department to attempt to notify the victim regarding the defendant's participation in the batterer's program and available victim resources. Under existing law, except as otherwise provided, a public employee is not liable for an injury caused by his or her act or omission where the act or omission was the result of the exercise of discretion vested in the public employee. This bill would make an act or omission relating to the approval of the batterer's treatment programs a discretionary act, as specified. This bill would incorporate additional changes in Section 1203.097 of the Penal Code, proposed by AB 2094, to be operative only if AB 2094 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.