AB 492, as introduced, Quirk. Probation: nonviolent drug offenses.
Existing law requires the sentencing court, whenever a person is granted probation for a nonviolent drug possession offense, to 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.
This bill would delete those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1203.9 of the Penal Code is amended to
(a) Whenever a person is released on probation or
4mandatory supervision, the court, upon noticed motion, shall
5transfer the case to the superior court in any other county in which
6the person resides permanently, meaning with the stated intention
7to remain for the duration of probation or mandatory supervision,
8unless the transferring court determines that the transfer would be
9inappropriate and states its reasons on the record. Upon notice of
P2 1the motion for transfer, the court of the proposed receiving county
2may provide comments for the record regarding the proposed
3transfer, following procedures set forth in rules of court developed
4by the Judicial Council for this purpose, pursuant to subdivision
begin delete (e)end delete. The court and the probation department shall give the matter
6of investigating those transfers precedence over all actions or
7proceedings therein, except actions or proceedings to which special
8precedence is given by law, to the end that all those transfers shall
9be completed expeditiously.
10(b) The court of the receiving county shall accept the entire
11jurisdiction over the case.
12(c) Notwithstanding subdivision (a), whenever a person is
13granted probation under Section 1210.1, the sentencing court shall
14transfer jurisdiction of the entire case, upon a finding by the
15receiving court of the person’s permanent residency in the receiving
16county, unless there is a determination on the record that the
17transfer would be inappropriate.
19 The order of transfer shall contain an order committing the
20probationer or supervised person to the care and custody of the
21probation officer of the receiving county and, if applicable, an
22order for reimbursement of reasonable costs for processing the
23transfer to be paid to the sending county in accordance with Section
241203.1b. A copy of the orders and any probation reports shall be
25transmitted to the court and probation officer of the receiving
26county within two weeks of the finding that the person does
27permanently reside in or has permanently moved to that county,
28and thereafter the receiving court shall have entire jurisdiction
29over the case, with the like power to again request transfer of the
30case whenever it seems proper.
32 The Judicial Council shall promulgate rules of court for
33procedures by which the proposed receiving county shall receive
34notice of the motion for transfer and by which responsive
35comments may be transmitted to the court of the transferring
36county. The Judicial Council shall adopt rules providing factors
37for the court’s consideration when determining the appropriateness
38of a transfer, including, but not limited to, the following:
39(1) Permanency of residence of the offender.
40(2) Local programs available for the offender.
P3 1(3) Restitution orders and victim issues.