BILL NUMBER: SB 431	CHAPTERED
	BILL TEXT

	CHAPTER  588
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 17, 2009
	PASSED THE ASSEMBLY  JULY 9, 2009
	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, 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 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.



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 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 the transferring court determines that the transfer
would be inappropriate 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) The court of the receiving county shall accept the entire
jurisdiction over the case.
   (c) 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 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.