Bill Text: CA AB673 | 2015-2016 | Regular Session | Chaptered
Bill Title: Probation and mandatory supervision: jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-09-03 - Chaptered by Secretary of State - Chapter 251, Statutes of 2015. [AB673 Detail]
Download: California-2015-AB673-Chaptered.html
BILL NUMBER: AB 673 CHAPTERED
BILL TEXT
CHAPTER 251
FILED WITH SECRETARY OF STATE SEPTEMBER 3, 2015
APPROVED BY GOVERNOR SEPTEMBER 3, 2015
PASSED THE SENATE JULY 16, 2015
PASSED THE ASSEMBLY AUGUST 20, 2015
AMENDED IN SENATE JULY 1, 2015
AMENDED IN SENATE MAY 26, 2015
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, 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.
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 accounting and distribution.
(e) (1) Upon approval of a transferring court, a receiving court
may elect to collect all of the court-ordered payments from a
defendant attributable to the case under which the defendant is being
supervised, 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).
