Of Judgment and ExecutionThe Execution
Section § 1213
This law specifies the procedure for handling probationary orders and judgments in criminal cases, except those involving the death penalty. When someone is sentenced to jail as part of probation or to state prison, the court clerk must provide certified documents, like a minute order or abstract of judgment, to the officer responsible for carrying out the sentence. No additional warrant is needed to enforce it. If someone is resentenced and has less than 30 days left in custody, this information must be delivered within 24 hours, possibly electronically.
If a minute order is used to record the decision, it must match the format of an abstract of judgment as determined by the Judicial Council, with additional content added as needed.
Section § 1213.5
The Judicial Council is responsible for determining the format and details of the abstract of judgment mentioned in Section 1213.
Section § 1214
This law outlines how fines, restitution fines, and restitution orders are enforced. If a judgment includes a fine or restitution, it can be collected like a normal money judgment, even after the defendant has completed probation or a similar program. The law allows the California Victim Compensation Board to step in to help collect unpaid restitution. Victims can enforce restitution orders as if they were civil judgments. They can use various methods like wage garnishment or accessing the defendant's financial records. The court provides necessary documents to victims and other entities for enforcement. Even after jail time, defendants are still obligated to pay restitution. Restitution orders in minor cases, ordinance violations, or guilty plea cases can be enforced like regular money judgments. Certain civil code procedures don’t apply to these restitution-related judgments.
Section § 1214.1
This law allows courts to charge a civil fee of up to $100 if someone doesn't show up for a court date or fails to pay a court-ordered fine or bail installment, starting from July 1, 2022.
Before this fee is charged, the court must send a warning notice to the person's last known address at least 20 days in advance. If the person shows up later and has a good reason for their absence or non-payment, the fee can be canceled. No payment is needed to cancel this fee or schedule a hearing. Importantly, no arrest warrant will be issued just because this fee is charged, and any current warrants for the same reasons should be canceled before this fee is imposed again.
Also, this fee follows certain due process rules that apply to civil money judgments. The existing system for collecting these fees stays in place unless there's an agreement to change it. If there's a dispute over collection plans, a third party can help mediate.
Section § 1214.2
If someone is on probation and ordered to pay a fine, this order can be enforced during their probation period as though it were a money judgment. If they deliberately don't pay, it can be treated like a probation violation. If there's still money owed when probation ends, it can be enforced similarly to a civil court judgement.
However, if the payment of the fine is paused (stayed), the court cannot take further action to collect until that pause is lifted.
Section § 1215
This law explains what happens after a judgment involving imprisonment or a fine is made against a defendant. If sentenced to prison, or to jail until a fine is paid, the defendant goes directly into custody. However, if the court decides to suspend the sentence or put the defendant on probation, the person will be supervised by a probation officer. They must follow probation terms until they complete this period. If the probation is ended and the suspension is revoked, the defendant will then be sent to custody.
Section § 1216
When someone is sentenced to prison in California, the county sheriff must take the person to the state prison. The sheriff needs to bring certain documents, including a certified summary of the judgment and a medical form to ensure the person is fit to be moved. The sheriff then gets a receipt from the prison warden for the transfer of the person.
Section § 1217
This law section outlines what happens after someone is sentenced to death. It says that a formal document must be signed by the judge and certified by the court clerk. This document tells the sheriff to take the person to the designated State prison within 10 days so they can await their appeal.
Section § 1218
After a death penalty is declared, the judge must quickly send a digital report summarizing the conviction and sentence to the Governor in a format that has been agreed upon by both parties.
Section § 1219
This section allows the Governor to ask the Justices of the Supreme Court and the Attorney General for their opinions on certain statements or issues presented to them.
Section § 1227
This law states that if a death sentence has not been carried out for reasons other than an appeal, the court must set a new execution date. The district attorney can ask the court to do this, or the court can decide on its own. The execution must happen within a specific 10-day period that starts at least 30 days and no more than 60 days after the court's order. If the person sentenced to death is not in custody, they must be caught and brought before the court so the prison warden can execute the sentence. This decision cannot be appealed.
Section § 1227.5
This law states that if a death sentence is paused because the Governor has issued a temporary delay (either a stay or a reprieve), the execution of the death sentence should take place the day after that delay ends, without needing to go through any additional court processes.