Amended in Senate May 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 673

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 amended, 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 begin delete fines end delete begin insert fines, forfeitures, penalties, assessments, end insert or restitution begin delete has end delete begin insert have end insert been ordered by the transferring court and have not been fully paid, those payments begin delete shall end delete begin insert would end insert be made to the begin insert collecting program for the end insert transferring court for distribution and accounting. The bill would authorize the receiving court and probation department to begin delete amend financial orders, end delete begin insert impose additional local fees and costs, as specified, end insert and would authorize the collection begin delete agency end delete begin insert program end insert for the receiving court to collect court-ordered payments from the defendant begin insert for transmittal to the collection program for the transferring court end insert , as specified. begin insert The bill would require the Judicial Council to consider adoption of rules of court as it deems appropriate to implement the collection, accounting, and disbursement requirements of the bill. end insert

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 (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 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, begin insert forfeitures, penalties, assessments, end insert or
restitution, the transfer order shall require that those and any other
begin delete collections end delete begin insert amounts end insert ordered by the transferring court begin insert that are still
unpaid at the time of transfer end insert be paid by the defendant to the
collection begin delete agency end delete begin insert program end insert for the transferring court for proper
distribution and accounting begin insert once collected end insert .

(2) The receiving court and receiving county probation
department may begin delete amend financial orders and add end delete begin insert impose end insert additional
local fees begin insert and costs end insert as authorized, and shall notify the responsible
collection begin delete agency end delete begin insert program for the transferring court end insert of those
changes.

(3) Any local fees imposed pursuant to paragraph (2) shall be
begin delete collected by the collection agency end delete begin insert paid by the defendant to the
collection program end insert for the begin delete receiving end delete begin insert transferring end insert court begin insert which shall
remit the additional fees and costs to the receiving court end insert for begin delete deposit
and accounting, and shall not be sent to the collection agency for
the transferring court. end delete begin insert proper distribution. end insert

(e) (1)  begin delete A end delete begin insert Upon approval of a transferring court, a end insert receiving
court may elect to collect court-ordered payments from a defendant,
begin delete provided end delete begin insert provided, end insert however, that the collection begin delete agency end delete begin insert program end insert
for the receiving court transmits the begin delete funds end delete begin insert revenue end insert collected to the
collection begin delete agency end delete begin insert program end insert for the transferring court for begin delete deposit
and accounting end delete begin insert deposit, accounting, and distribution end insert . A collection
begin delete agency end delete begin insert program end insert for the receiving court shall not charge
administrative fees for collections begin delete completed end delete begin insert performed end insert for the
collection begin delete agency end delete begin insert program end insert for the transferring court without begin delete an end delete begin insert a
written end insert agreement with the other begin delete agency end delete begin insert program end insert .

(2) A collection begin delete agency end delete begin insert program end insert for a receiving court collecting
funds for a collection begin delete agency end delete begin insert program end insert for a transferring court
pursuant to paragraph (1) shall not report begin delete funds end delete begin insert revenue end insert owed or
collected on behalf of the collection begin delete agency end delete begin insert program end insert for the
transferring court as part of those collections required to be reported
begin insert annually end insert by the court to the begin delete Administrative Office of the Courts end delete
begin insert Judicial Council end insert .

(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.

begin insert

(g) The Judicial Council shall consider adoption of rules of
court as it deems appropriate to implement the collection,
accounting, and disbursement requirements of subdivisions (d)
and (e).

end insert