Amended in Assembly May 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2645

Introduced by Assembly Member Dababneh

February 21, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2645, as amended, Dababneh. Probation: mandatory supervision: transfer of case.

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.

If victim restitution was ordered as a condition of probation or mandatory supervision, this bill would require the transferring court to 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 bill would require the transferring court to complete the determination as soon as practicable.

begin delete

The bill would make these provisions and the above provisions of existing law inapplicable to misdemeanor cases, except as specified.

end delete

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 begin delete (3) and
subdivision (e), end delete begin insert (3), end insert 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). 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, 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.

(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, with the like power to again request transfer of the
case whenever it seems proper.

(d) 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 delete

(e) This section does not apply to a misdemeanor case unless
both of the following requirements are met:

end delete begin delete

(1) The defendant was placed on probation for one or more of
the following misdemeanor offenses:

end delete begin delete

(A) A sex offense requiring registration pursuant to Section
290.

end delete begin delete

(B) An offense involving violence.

end delete begin delete

(C)  An offense in which the defendant used a firearm as a
means of offense or defense.

end delete begin delete

(D) A third or subsequent conviction of driving under the
influence of alcohol or any drug.

end delete begin delete

(2) The court determines that supervision of the probationer in
the county of residence is in the best interest of the public or victim
of the crime.

end delete