Amended in Senate July 1, 2015

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 fines, forfeitures, penalties, assessments, or restitution have been ordered by the transferring court and have not been fully paid, those payments would be made to the collecting program for the transferring court for distribution and accounting. The bill would authorize the receiving court and probation department to impose additional local fees and costs, as specified, and would authorize the collection program for the receiving court to collect court-ordered payments from the defendant for transmittal to the collection program for the transferring court, as specified. 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.

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

(2) The receiving court and receiving county probation
department may impose additional local fees and costs as
authorized, and shall notify the responsible collection program for
the transferring court of those changes.

(3) Any local fees imposed pursuant to paragraph (2) shall be
paid by the defendant to the collection program for the transferring
court which shall remit the additional fees and costs to the receiving
court for proper begin insert accounting and end insert distribution.

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

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

(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.

(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).