BILL NUMBER: AB 673	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Santiago

                        FEBRUARY 25, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1203.9 of the Penal Code is amended to read:
   1203.9.  (a) (1) Except as provided in paragraph (3), 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.
   (2) 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  (d)   (f)  . 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.
   (3) If victim restitution was ordered as a condition of probation
or mandatory supervision, the transferring court shall determine the
amount of restitution before the transfer unless the court finds that
the determination cannot be made within a reasonable time from when
the motion for transfer is made. If a case is transferred without a
determination of the amount of restitution, the transferring court
shall complete the determination as soon as practicable. In all other
aspects,  except as provided in subdivisions (d) and (e), 
the court of the receiving county shall have full jurisdiction over
the matter upon transfer as provided in subdivision (b).
   (b) The court of the receiving county shall accept the entire
jurisdiction over the case  effective the date that the
transferring court orders the transfer  .
   (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,  except as provided in subdivisions
(d) and (e),  with the like power to again request transfer of
the case whenever it seems proper. 
   (d) (1) Notwithstanding subdivision (b) and except as provided in
subdivision (e), if the transferring court has ordered the defendant
to pay fines, fees, or restitution, the transfer order shall require
that those and any other collections ordered by the transferring
court be paid by the defendant to the collection agency for the
transferring court for proper distribution and accounting.  

   (2) The receiving court and receiving county probation department
may amend financial orders and add additional local fees as
authorized, and shall notify the responsible collection agency of
those changes.  
   (3) Any local fees imposed pursuant to paragraph (2) shall be
collected by the collection agency for the receiving court for
deposit and accounting, and shall not be sent to the collection
agency for the transferring court.  
   (e) (1) A receiving court may elect to collect court-ordered
payments from a defendant, provided however, that the collection
agency for the receiving court transmits the funds collected to the
collection agency for the transferring court for deposit and
accounting. A collection agency for the receiving court shall not
charge administrative fees for collections completed for the
collection agency for the transferring court without an agreement
with the other agency.  
   (2) A collection agency for a receiving court collecting funds for
a collection agency for a transferring court pursuant to paragraph
(1) shall not report funds owed or collected on behalf of the
collection agency for the transferring court as part of those
collections required to be reported by the court to the
Administrative Office of the Courts.  
   (d) 
    (f)  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.