BILL NUMBER: SB 431	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2009
	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 provide that the transfers would be mandatory,
unless  , in certain cases,  the receiving court makes a
determination on the record that the transfer would be inappropriate
 ,   as specified  .
   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 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) If the court of the receiving county finds that the person
does permanently reside in or has permanently moved to the county,
the court shall accept the entire jurisdiction over the case 
, 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 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. 
   (e) The Judicial Council shall adopt rules providing factors for
the court's consideration when determining the appropriateness of a
transfer, including, but not limited to, the following:  
   (1) Permanency of residence of the offender.  
   (2) Local programs available for the offender.  
   (3) Restitution orders and victim issues.