BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2645|
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THIRD READING
Bill No: AB 2645
Author: Dababneh (D)
Amended: 5/6/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De León, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
ASSEMBLY FLOOR : 77-0, 5/15/14 - See last page for vote
SUBJECT : Restitution orders: cases transferred between
counties
SOURCE : Judicial Council
DIGEST : This bill provides that where jurisdiction of a case
in which the defendant has been placed on mandatory supervision
or probation is transferred, the court in the transferring
county shall determine the amount of restitution owed to the
victim, unless the determination cannot be made in a reasonable
amount of time.
ANALYSIS : Existing law:
1.Allows a person released on probation or mandatory supervision
to make a motion to transfer the case to the county in which
the person permanently resides.
2.Requires the court, upon receipt of a motion for inter-county
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transfer, to transfer jurisdiction of the case to the superior
court in the county in which the defendant permanently
resides, unless the transferring court determines that the
transfer would be inappropriate and states its reasons on the
record. The proposed receiving county may provide comments
for the record on the issue of transfer.
3.Provides that an inter-county transfer of a probationer must
include 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, payable to the sending county. Copies of the
probation report and the transfer orders 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.
4.Requires the Judicial Council to adopt rules providing factors
for the court's consideration when determining the
appropriateness of a transfer, including but not limited to
the following:
A. Permanency of residence of the offender;
B. Local programs available for the offender; and
C. Restitution orders and victim issues.
This bill:
1.Requires a court transferring a probation or mandatory
supervision case to another county to first determine the
amount of victim restitution, unless the court is unable to
make that determination within a reasonable time.
2.States that if the case is transferred without a determination
of restitution, the transferring court must complete the
determination as soon as practicable.
3.States that, with the exception of the restitution order, the
receiving county has full jurisdiction over the case.
Comments
According to the author, "This measure will protect victims from
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unnecessary hardship while restitution amounts are being
determined by requiring that the amount be set before a court
transfer can take place, except in special circumstances. Under
current law a victim risks losing restitution if they cannot
travel to the receiving county to pursue restitution in person.
Victims should not be forced to deal with extensive delays,
incur travel costs and spend time away from work and loved ones
in order to get the restitution due to them as a victim of
crime."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/11/14)
Judicial Council (source)
ASSEMBLY FLOOR : 77-0, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hall, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Hagman, Mansoor, Vacancy
JG:nl 6/11/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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