BILL NUMBER: SB 431	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Benoit

                        FEBRUARY 26, 2009

   An act to amend Section 1203.9 of the Penal Code, relating to
probation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 431, as amended, Benoit. Probation: transfers.
   Existing law provides that whenever any person is released upon
probation, the case may be transferred to any court of the same rank
in any other county in which the person resides permanently, provided
that the court of the receiving county shall first be given an
opportunity to determine whether the person does reside in and has
stated the intention to remain in that county for the duration of
probation. Existing law provides that if the court finds that the
person does not reside in or has not stated an intention to remain in
that county for the duration of probation, it may refuse to accept
the transfer. 
   This bill would make a technical, nonsubstantive change to these
provisions.  
   This bill would provide that the transfers would be mandatory,
unless the receiving court makes a determination on the record that
the transfer would be inappropriate. 
   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 1203.9 of the Penal Code is amended to read:
   1203.9.  (a) Whenever any person is released upon probation, the
case  may   shall  be transferred to any
court of the same rank in any other county in which the person
resides permanently, meaning the stated intention to remain for the
duration of probation; provided that the court of the receiving
county shall first be given an opportunity to determine whether the
person does reside in and has stated the intention to remain in that
county for the duration of probation. If the court finds that the
person does not reside in or has not stated an intention to remain in
that county for the duration of probation, the court may refuse to
accept the transfer. The court and the probation department shall
give the matter of investigating those transfers precedence over all
actions or proceedings therein, except actions or proceedings to
which special precedence is given by law, to the end that all those
transfers shall be completed expeditiously.
   (b)  Except as provided in subdivision (c), if 
 If  the court of the receiving county finds that the person
does permanently reside in or has permanently moved to the county,
 it may, in its discretion, either   the court
shall  accept the entire jurisdiction over the case,  or
assume supervision of the probationer on a courtesy basis 
 unless there is a determination on the record that the transfer
would be inappropriate  .
   (c) Whenever a person is granted probation under Section 1210.1,
the sentencing court  may, in its discretion,  
shall  transfer jurisdiction of the entire case, upon a finding
by the receiving court of the person's permanent residency in the
receiving county  , unless there is a determination on the record
that the  transfer would be inappropriate  .
   (d) The order of transfer shall contain an order committing the
probationer to the care and custody of the probation officer of the
receiving county and an order for reimbursement of reasonable costs
for processing the transfer to be paid to the sending county in
accordance with Section 1203.1b. A copy of the orders and probation
reports shall be transmitted to the court and probation officer of
the receiving county within two weeks of the finding by that county
that the person does permanently reside in or has permanently moved
to that county, and thereafter the receiving court shall have entire
jurisdiction over the case, with the like power to again request
transfer of the case whenever it seems proper.