BILL NUMBER: AB 1306	CHAPTERED
	BILL TEXT

	CHAPTER  30
	FILED WITH SECRETARY OF STATE  APRIL 13, 2004
	APPROVED BY GOVERNOR  APRIL 12, 2004
	PASSED THE ASSEMBLY  MARCH 30, 2004
	PASSED THE SENATE  MARCH 25, 2004
	AMENDED IN SENATE  MARCH 15, 2004
	AMENDED IN SENATE  AUGUST 26, 2003

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 21, 2003

   An act to amend Section 1203.9 of the Penal Code, relating to
probation, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1306, Leno.  Probation:  transfer of cases.
   Existing law sets forth procedures under which a person released
upon probation may be transferred to the care and custody of the
probation officer of another county.
   This bill would provide special probation transfer procedures for
people on probation under the initiative provisions relating to
controlled substance possession and similar charges.  Once
transferred, the probationer would be under the jurisdiction of the
court in the new county for all purposes, including probation
supervision and treatment.
   By requiring a county to accept a transfer of probation in certain
circumstances, thereby obligating that county to provide supervision
and treatment, and to address violations of probation with
prosecution and other resources, this bill would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   The bill would declare that it is to take effect immediately as an
urgency statute.


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) Whenever any person is released upon probation, the
case may be transferred to any court of the same rank in any other
county in which the person resides permanently, meaning the stated
intention to remain for the duration of probation; provided that the
court of the receiving county shall first be given an opportunity to
determine whether the person does reside in and has stated the
intention to remain in that county for the duration of probation.  If
the court finds that the person does not reside in or has not stated
an intention to remain in that county for the duration of probation,
it may refuse to accept the transfer.  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.
   (b) Except as provided in subdivision (c), if the court of the
receiving county finds that the person does permanently reside in or
has permanently moved to the county, it may, in its discretion,
either accept the entire jurisdiction over the case, or assume
supervision of the probationer on a courtesy basis.
   (c) Whenever a person is granted probation under Section 1210.1,
the sentencing court may, in its discretion, transfer jurisdiction of
the entire case, upon a finding by the receiving court of the person'
s permanent residency in the receiving county.
   (d) The order of transfer shall contain 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 to be paid to the sending county in
accordance with Section 1203.1b.  A copy of the orders and probation
reports shall be transmitted to the court and probation officer of
the receiving county within two weeks of the finding by that county
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, with the like power to again request
transfer of the case whenever it seems proper.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to assure effective administration of special probation
transfer procedures as soon as possible, it is necessary that this
act take effect immediately.