BILL NUMBER: SB 431	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 4, 2009
	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 20, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senators Benoit and Leno

                        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,  there is a determination
on the record that the transfer would be inappropriate, as
specified.  The bill would require a noticed motion for the
transfer for certain cases, as specified, and would require the
Judicial Council to promulgate rules of court pertaining to the
motion procedures, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . 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   a person is released on probation, the court,
upon noticed motion, shall transfer the case to the superior court
 in any other county in which the person resides permanently,
meaning with the stated intention to remain for the duration of
probation, unless  there is a determination on the record
  the transferring court determines  that the
transfer would be inappropriate  ; 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   and states
its reasons on the record. Upon notice of the motion for transfer,
the court of the proposed receiving county may provide comments for
the record regarding the proposed transfer, following procedures set
forth in rules of court developed by the Judicial Council for this
purpose, pursuant to subdivision (e)  . 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   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.
   (c)  Whenever   Notwithstanding subdivision
(a), 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 promulgate rules of court for
procedures by which the proposed receiving county shall receive 
 notice of the motion for transfer and by which responsive
comments may be transmitted to the court of the transferring county.
 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.