AB 673, as introduced, Santiago. Probation and mandatory supervision: jurisdiction.
Existing law requires a court to transfer the case of a person released on probation or mandatory supervision to the superior court in any other county in which the person resides permanently, unless the transferring court determines the transfer would be inappropriate and states its reasons on the record. Existing law requires the court of the receiving county to accept the entire jurisdiction over the case.
This bill would require the receiving court to accept the entire jurisdiction over the case effective the date the transferring court orders the transfer. The bill would provide that when fines or restitution has been ordered by the transferring court and have not been fully paid, those payments shall be made to the transferring court for distribution and accounting. The bill would authorize the receiving court and probation department to amend financial orders, and would authorize the collection agency for the receiving court to collect court-ordered payments from the defendant, as specified.
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
2read:
(a) (1) Except as provided in paragraph (3), whenever
4a person is released on probation or mandatory supervision, the
5court, upon noticed motion, shall transfer the case to the superior
6court in any other county in which the person resides permanently,
7meaning with the stated intention to remain for the duration of
8probation or mandatory supervision, unless the transferring court
9determines that the transfer would be inappropriate and states its
10reasons on the record.
11(2) Upon notice of the motion for transfer, the court of the
12proposed receiving county may provide comments for the record
13regarding the proposed transfer, following procedures set forth in
14rules of court developed by the Judicial Council for this purpose,
15pursuant to subdivisionbegin delete (d)end deletebegin insert
(f)end insert. The court and the probation
16department shall give the matter of investigating those transfers
17precedence over all actions or proceedings therein, except actions
18or proceedings to which special precedence is given by law, to the
19end that all those transfers shall be completed expeditiously.
20(3) If victim restitution was ordered as a condition of probation
21or mandatory supervision, the transferring court shall determine
22the amount of restitution before the transfer unless the court finds
23that the determination cannot be made within a reasonable time
24from when the motion for transfer is made. If a case is transferred
25without a determination of the amount of restitution, the
26transferring court shall complete the determination as soon as
27practicable. In all other aspects,begin insert except as provided in subdivisions
28(d) and (e),end insert
the court of the receiving county shall have full
29jurisdiction over the matter upon transfer as provided in subdivision
30(b).
31(b) The court of the receiving county shall accept the entire
32jurisdiction over the casebegin insert effective the date that the transferring
33court orders the transferend insert.
34(c) The order of transfer shall contain an order committing the
35probationer or supervised person to the care and custody of the
36probation officer of the receiving county and, if applicable, an
37order for reimbursement of reasonable costs for processing the
38transfer to be paid to the sending county in accordance with Section
P3 11203.1b. A copy of the orders and any probation reports shall be
2transmitted to the court and probation officer of the receiving
3county within two weeks of the
finding that the person does
4permanently reside in or has permanently moved to that county,
5andbegin delete thereafterend delete the receiving court shall have entire jurisdiction
6over the case,begin insert except as provided in subdivisions (d) and (e),end insert with
7the like power to again request transfer of the case whenever it
8seems proper.
9(d) (1) Notwithstanding subdivision (b) and except as provided
10in subdivision (e), if the transferring court has ordered the
11defendant to pay fines, fees, or restitution, the transfer order shall
12require that those and any other collections ordered by the
13transferring court be paid by the defendant to the collection agency
14for the transferring court for
proper distribution and accounting.
15(2) The receiving court and receiving county probation
16department may amend financial orders and add additional local
17fees as authorized, and shall notify the responsible collection
18agency of those changes.
19(3) Any local fees imposed pursuant to paragraph (2) shall be
20collected by the collection agency for the receiving court for
21deposit and accounting, and shall not be sent to the collection
22agency for the transferring court.
23(e) (1) A receiving court may elect to collect court-ordered
24payments from a defendant, provided however, that the collection
25agency for the receiving court transmits the funds collected to the
26collection agency for the
transferring court for deposit and
27accounting. A collection agency for the receiving court shall not
28charge administrative fees for collections completed for the
29collection agency for the transferring court without an agreement
30with the other agency.
31(2) A collection agency for a receiving court collecting funds
32for a collection agency for a transferring court pursuant to
33paragraph (1) shall not report funds owed or collected on behalf
34of the collection agency for the transferring court as part of those
35collections required to be reported by the court to the
36Administrative Office of the Courts.
37(d)
end delete
38begin insert(f)end insert The Judicial Council shall promulgate rules of court for
39procedures by which the proposed receiving county shall receive
40notice of the motion for transfer and by which responsive
P4 1comments may be transmitted to the court of the transferring
2county. The Judicial Council shall adopt rules providing factors
3for the court’s consideration when determining the appropriateness
4of a transfer, including, but not limited to, the following:
5(1) Permanency of residence of the offender.
6(2) Local programs available for the offender.
7(3) Restitution orders and victim issues.
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