BILL NUMBER: AB 492	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 20, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1203.9 of the Penal Code is amended to read:
   1203.9.  (a) Whenever a person is released on probation or
mandatory supervision, 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 or mandatory supervision, 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)  (d)  . 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) 
    (c)  The order of transfer shall contain an order
committing the probationer or supervised person to the care and
custody of the probation officer of the receiving county and, if
applicable, 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 any
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) 
    (d)  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.