California Senate Bill SB431 Amended / Bill

 BILL NUMBER: SB 431AMENDED BILL TEXT AMENDED IN SENATE APRIL 22, 2009 AMENDED IN SENATE APRIL 20, 2009 AMENDED IN SENATE APRIL 2, 2009 INTRODUCED BY  Senator   Benoit   Senators   Benoit   and Leno  FEBRUARY 26, 2009 An act to amend Section 1203.9 of the Penal Code, relating to probation. LEGISLATIVE COUNSEL'S DIGEST SB 431, as amended, Benoit. Probation: transfers. Existing law provides that 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, 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. Existing law provides that 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. This bill would provide that the transfers would be mandatory, unless, in certain cases,  the receiving court makes   there is  a determination on the record that the transfer would be inappropriate, as specified. 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) Whenever any person is released upon probation, the case shall be transferred to any court of the same rank in any other county in which the person resides permanently, meaning  with  the stated intention to remain for the duration of probation  , unless there is a determination on the record that the transfer would be inappropriate  ; 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, the court 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) If the court of the receiving county finds that the person does permanently reside in or has permanently moved to the county, the court shall accept the entire jurisdiction over the case. (c) Whenever a person is granted probation under Section 1210.1, the sentencing court shall transfer jurisdiction of the entire case, upon a finding by the receiving court of the person's permanent residency in the receiving county, unless there is a determination on the record that the transfer would be inappropriate. (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. (e) 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.