BILL NUMBER: AB 2645	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2014

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. 
   The bill would make these provisions and the above provisions of
existing law inapplicable to misdemeanor cases, except 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) (1) Except as provided in paragraph  (3) and
subdivision (e),   (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 (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. 
   (e) This section does not apply to a misdemeanor case unless both
of the following requirements are met:  
   (1) The defendant was placed on probation for one or more of the
following misdemeanor offenses:  
   (A) A sex offense requiring registration pursuant to Section 290.
 
   (B) An offense involving violence.  
   (C)  An offense in which the defendant used a firearm as a means
of offense or defense.  
   (D) A third or subsequent conviction of driving under the
influence of alcohol or any drug.  
   (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.