Section § 1191

Explanation

In felony cases, this law says that after a guilty plea, finding, or verdict, the court must set a date to announce the judgment within 20 judicial days. This period can extend by up to 10 days for motions like a new trial or judgment arrest, or longer if waiting for a probation report. If the court thinks the defendant might be insane, sentencing can be delayed until an insanity evaluation is done. If the defendant is sent to a diagnostic facility, the time for sentencing can be extended based on how long the evaluation takes and the defendant's return.

In a felony case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of a former conviction or acquittal, or once in jeopardy, the court shall appoint a time for pronouncing judgment, which shall be within 20 judicial days after the verdict, finding, or plea of guilty, during which time the court shall refer the case to the probation officer for a report if eligible for probation and pursuant to Section 1203. However, the court may extend the time not more than 10 days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment, and may further extend the time until the probation officer’s report is received and until any proceedings for granting or denying probation have been disposed of. If, in the opinion of the court, there is a reasonable ground for believing a defendant insane, the court may extend the time for pronouncing sentence until the question of insanity has been heard and determined, as provided in this code. If the court orders the defendant placed in a diagnostic facility pursuant to Section 1203.03, the time otherwise allowed by this section for pronouncing judgment is extended by a period equal to (1) the number of days which elapse between the date of the order and the date on which notice is received from the Director of Corrections advising whether or not the Department of Corrections will receive the defendant in the facility, and (2) if the director notifies the court that it will receive the defendant, the time which elapses until his or her return to the court from the facility.

Section § 1191.1

Explanation

In California, crime victims, including their families if they are minors or deceased, have the right to be informed about and attend all sentencing hearings related to their case. They can express their thoughts on the crime, the criminal, and any compensation needed, either personally or through a lawyer. Judges must consider their statements when deciding if the offender should get probation, specifically if they pose a public safety risk.

Changing this law requires a two-thirds legislative vote or public approval.

The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to attend all sentencing proceedings under this chapter and shall be given adequate notice by the probation officer of all sentencing proceedings concerning the person who committed the crime.
The victim, or up to two of the victim’s parents or guardians if the victim is a minor, or the next of kin of the victim if the victim has died, have the right to appear, personally or by counsel, at the sentencing proceeding and to reasonably express his, her, or their views concerning the crime, the person responsible, and the need for restitution. The court in imposing sentence shall consider the statements of victims, parents or guardians, and next of kin made pursuant to this section and shall state on the record its conclusion concerning whether the person would pose a threat to public safety if granted probation.
The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.

Section § 1191.2

Explanation

This law requires probation officers to inform crime victims about their rights and options for recovering losses from defendants. Victims are entitled to know about their right to seek civil recovery, have a court order the defendant to provide restitution, and get a copy of the restitution order, which they can enforce like a civil judgment. Victims must also provide information about their losses to the relevant authorities. Additionally, they may be eligible for compensation from the Restitution Fund if they meet specific criteria. All this information must be given in a written format created by the Judicial Council with the California Victim Compensation Board, and sent to victims with a valid mailing address.

In providing notice to the victim pursuant to Section 1191.1, the probation officer shall also provide the victim with information concerning the victim’s right to civil recovery against the defendant, the requirement that the court order restitution for the victim, the victim’s right to receive a copy of the restitution order from the court and to enforce the restitution order as a civil judgment, the victim’s responsibility to furnish the probation department, district attorney, and court with information relevant to his or her losses, and the victim’s opportunity to be compensated from the Restitution Fund if eligible under Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. This information shall be in the form of written material prepared by the Judicial Council in consultation with the California Victim Compensation Board, shall include the relevant sections of the Penal Code, and shall be provided to each victim for whom the probation officer has a current mailing address.

Section § 1191.3

Explanation

This law explains that during sentencing, a judge must inform the defendant that they could earn credits for good behavior or work, potentially reducing their sentence by up to one-third or one-half. The sheriff or Department of Corrections calculates these credits based on where the person is imprisoned, and credits for time served before sentencing are calculated by the probation department.

The probation officer will provide an estimate of these potential credits, which must be documented in the court record. The law also clarifies who is considered a victim for the purpose of notifications: the person harmed by the crime, or their family if the victim is a minor or deceased. This statute applies to all felony convictions.

(a)CA Penal Law Code § 1191.3(a) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the court shall make an oral statement that statutory law permits the award of conduct and worktime credits up to one-third or one-half of the sentence that is imposed by the court, that the award and calculation of credits is determined by the sheriff in cases involving imprisonment in county jails and by the Department of Corrections in cases involving imprisonment in the state prison, and that credit for presentence incarceration served by the defendant is calculated by the probation department under current state law.
As used in this section, “victim” means the victim of the offense, the victim’s parent or guardian if the victim is a minor, or the victim’s next of kin.
(b)CA Penal Law Code § 1191.3(b) The probation officer shall provide a general estimate of the credits to which the defendant may be entitled for previous time served, and conduct or worktime credits authorized under Sections 2931, 2933, or 4019, and shall inform the victim pursuant to Section 1191.1. The probation officer shall file this estimate with the court and it shall become a part of the court record.
(c)CA Penal Law Code § 1191.3(c) This section applies to all felony convictions.

Section § 1191.10

Explanation

This law defines who is considered a 'victim' in certain legal situations, specifically for cases of workers' compensation fraud. It clarifies that insurers and employers who suffer from workers’ comp fraud are recognized as victims under various laws related to business, insurance, and labor violations.

The definition of the term “victim” as used in Section 1191.1 includes any insurer or employer who was the victim of workers’ compensation fraud for the crimes specified in Section 549 of this code, Sections 2314 and 6152 of the Business and Professions Code, Sections 1871.4, 11760, and 11880 of the Insurance Code, and Section 3215 of the Labor Code.

Section § 1191.15

Explanation

This law allows the victim of a crime (or their family, if applicable) to submit a written or recorded statement to the court expressing their feelings about the crime, the offender, and any restitution required. This can be done instead of or in addition to showing up in person at sentencing. The court reviews these statements before making a decision on sentencing.

If the statement is a recording (audio, video, or digital file), a written transcript must also be provided, and these become public records after sentencing. Such recordings are sealed until sentencing, but viewed by the relevant parties two days prior. No one is allowed to make copies of these recordings.

The law doesn't stop the prosecutor from conveying the victim's views to the court and doesn't require the court to supply any resources for creating the statement.

(a)CA Penal Law Code § 1191.15(a) The court may permit the victim of any crime, his or her parent or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to file with the court a written, audiotaped, or videotaped statement, or statement stored on a CD-ROM, DVD, or any other recording medium acceptable to the court, expressing his or her views concerning the crime, the person responsible, and the need for restitution, in lieu of or in addition to the person personally appearing at the time of judgment and sentence. The court shall consider the statement filed with the court prior to imposing judgment and sentence.
Whenever an audio or video statement or statement stored on a CD-ROM, DVD, or other medium is filed with the court, a written transcript of the statement shall also be provided by the person filing the statement, and shall be made available as a public record of the court after the judgment and sentence have been imposed.
(b)CA Penal Law Code § 1191.15(b) Whenever a written, audio, or video statement or statement stored on a CD-ROM, DVD, or other medium is filed with the court, it shall remain sealed until the time set for imposition of judgment and sentence except that the court, the probation officer, and counsel for the parties may view and listen to the statement not more than two court days prior to the date set for imposition of judgment and sentence.
(c)CA Penal Law Code § 1191.15(c) A person or a court shall not permit any person to duplicate, copy, or reproduce by audio or visual means a statement submitted to the court under the provisions of this section.
(d)CA Penal Law Code § 1191.15(d) Nothing in this section shall be construed to prohibit the prosecutor from representing to the court the views of the victim, his or her parent or guardian, the next of kin, or the California Victim Compensation Board.
(e)CA Penal Law Code § 1191.15(e) In the event the court permits an audio or video statement or statement stored on a CD-ROM, DVD, or other medium to be filed, the court shall not be responsible for providing any equipment or resources needed to assist the victim in preparing the statement.

Section § 1191.16

Explanation

If a crime victim, or their family in certain cases, wishes to be involved in sentencing hearings for a defendant facing an indefinite prison term, they can have their statements recorded on video. They need to inform the prosecutor ahead of time, and it depends on whether the prosecutor can arrange the recording. This video serves as a record and can be used during parole hearings.

The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, who choose to exercise their rights with respect to sentencing proceedings as described in Section 1191.1 may, in any case where the defendant is subject to an indeterminate term of imprisonment, have their statements simultaneously recorded and preserved by means of videotape, videodisc, or any other means of preserving audio and video, if they notify the prosecutor in advance of the sentencing hearing and the prosecutor reasonably is able to provide the means to record and preserve the statement. If a video and audio record is developed, that record shall be maintained and preserved by the prosecution and used in accordance with the regulations of the Board of Prison Terms at any hearing to review parole suitability or the setting of a parole date.

Section § 1191.21

Explanation

This law requires the Office of Emergency Services to create a 'notification of eligibility' card for crime victims. This card informs victims that they may be eligible to receive payments from the California State Restitution Fund for losses directly caused by a crime. It also provides contact numbers for the Victims of Crime Program and local Victim Witness Assistance Centers.

The Office of Emergency Services must provide a template of this card on its website. Law enforcement officers and district attorneys can give this notification card to victims and derivative victims in cases of crimes defined by a specific section of the Government Code.

The terms 'victim' and 'derivative victim' are defined as per the relevant Government Code section.

(a)Copy CA Penal Law Code § 1191.21(a)
(1)Copy CA Penal Law Code § 1191.21(a)(1) The Office of Emergency Services shall develop and make available a “notification of eligibility” card for victims and derivative victims of crimes as defined in subdivision (c) of Section 13960 of the Government Code that includes, but is not limited to, the following information:
“If you have been the victim of a crime that meets the required definition, you or others may be eligible to receive payment from the California State Restitution Fund for losses directly resulting from the crime. To learn about eligibility and receive an application to receive payments, call the Victims of Crime Program at (800) 777-9229 or call your local county Victim Witness Assistance Center.”
(2)CA Penal Law Code § 1191.21(a)(2) At a minimum, the Office of Emergency Services shall develop a template available for downloading on its Internet Web site the information requested in subdivision (b).
(b)CA Penal Law Code § 1191.21(b) In a case involving a crime as defined in subdivision (c) of Section 13960 of the Government Code, the law enforcement officer with primary responsibility for investigating the crime committed against the victim and the district attorney may provide the “notification of eligibility” card to the victim and derivative victim of a crime.
(c)CA Penal Law Code § 1191.21(c) The terms “victim” and “derivative victim” shall be given the same meaning given those terms in Section 13960 of the Government Code.

Section § 1191.25

Explanation

This law requires prosecutors to inform crime victims if an in-custody informant, who has been accused or committed a crime against them, is going to testify. The victim should be notified in advance about any deals made with the informant, such as sentence reductions or parole, in exchange for their testimony in another trial. This notification should happen before the trial starts but must be done before the informant testifies.

This law ensures that victims are aware of the deals being made but does not allow them to interfere with the trial. Victims can still attend the informant's sentencing. The law also respects the right to a speedy trial, ensuring no delays in legal proceedings.

The prosecution shall make a good faith attempt to notify any victim of a crime which was committed by, or is alleged to have been committed by, an in-custody informant, as defined in subdivision (a) of Section 1127a, within a reasonable time before the in-custody informant is called to testify. The notice shall include information concerning the prosecution’s intention to offer the in-custody informant a modification or reduction in sentence or dismissal of the case or early parole in exchange for the in-custody informant’s testimony in another case. The notification or attempt to notify the victim shall be made prior to the commencement of the trial in which the in-custody informant is to testify where the intention to call him or her is known at that time, but in no case shall the notice be made later than the time the in-custody informant is called to the stand.
Nothing contained in this section is intended to affect the right of the people and the defendant to an expeditious disposition of a criminal proceeding, as provided in Section 1050. The victim of any case alleged to have been committed by the in-custody informant may exercise his or her right to appear at the sentencing of the in-custody informant pursuant to Section 1191.1, but the victim shall not have a right to intervene in the trial in which the in-custody informant is called to testify.

Section § 1192

Explanation

When someone pleads guilty or is found guilty of a crime that is categorized by degrees (like first or second-degree), the court has to decide the specific degree of that crime before giving the sentence. If the court doesn't make this decision, the crime is automatically considered to be of the lesser degree.

Upon a plea of guilty, or upon conviction by the court without a jury, of a crime or attempted crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree. Upon the failure of the court to so determine, the degree of the crime or attempted crime of which the defendant is guilty, shall be deemed to be of the lesser degree.

Section § 1192.1

Explanation

This law says that if someone pleads guilty to a crime that is divided into degrees (like first-degree or second-degree), the plea can specify which degree. The prosecuting attorney has to agree in open court, and the court must approve it. Once agreed upon, the defendant can't be punished for a higher degree of the crime than what was specified in the plea.

Upon a plea of guilty to an information or indictment accusing the defendant of a crime or attempted crime divided into degrees when consented to by the prosecuting attorney in open court and approved by the court, such plea may specify the degree thereof and in such event the defendant cannot be punished for a higher degree of the crime or attempted crime than the degree specified.

Section § 1192.2

Explanation

This law means that if someone pleads guilty to a crime that has different levels of severity (like first-degree or second-degree) in front of a judge, and the prosecutor agrees in court, the plea can mention which degree of the crime the person is admitting to. Once they do that, the person can't be punished for a more severe version of that crime than what they pled to.

Upon a plea of guilty before a committing magistrate as provided in Section 859a, to a crime or attempted crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by such magistrate, such plea may specify the degree thereof and in such event, the defendant cannot be punished for a higher degree of the crime or attempted crime than the degree specified.

Section § 1192.3

Explanation

This law allows a person to plead guilty or no contest to a crime (not a serious felony) under the condition that certain charges, which could require restitution, are dropped. The plea deal may include a requirement for the defendant to pay restitution related to the dismissed charges, as long as the plea is voluntary, factually supported, and approved by the court.

If restitution relates to a dismissed charge, the court must get a waiver from the defendant.

(a)CA Penal Law Code § 1192.3(a) A plea of guilty or nolo contendere to an accusatory pleading charging a public offense, other than a felony specified in Section 1192.5 or 1192.7, which public offense did not result in damage for which restitution may be ordered, made on the condition that charges be dismissed for one or more public offenses arising from the same or related course of conduct by the defendant which did result in damage for which restitution may be ordered, may specify the payment of restitution by the defendant as a condition of the plea or any probation granted pursuant thereto, so long as the plea is freely and voluntarily made, there is factual basis for the plea, and the plea and all conditions are approved by the court.
(b)CA Penal Law Code § 1192.3(b) If restitution is imposed which is attributable to a count dismissed pursuant to a plea bargain, as described in this section, the court shall obtain a waiver pursuant to People v. Harvey (1979) 25 Cal. 3d 754 from the defendant as to the dismissed count.

Section § 1192.4

Explanation

If a defendant makes a guilty plea under certain sections and the prosecutor and court don't agree to it, the plea is considered withdrawn. The defendant can then make another plea as if the original one didn't happen. The withdrawn plea can't be used as evidence in any type of legal or administrative case.

If the defendant’s plea of guilty pursuant to Section 1192.1 or 1192.2 is not accepted by the prosecuting attorney and approved by the court, the plea shall be deemed withdrawn and the defendant may then enter such plea or pleas as would otherwise have been available. The plea so withdrawn may not be received in evidence in any criminal, civil, or special action or proceeding of any nature, including proceedings before agencies, commissions, boards, and tribunals.

Section § 1192.5

Explanation

This law describes what happens when someone pleads guilty or 'no contest' to certain felony charges in California. It allows the plea to include a specified punishment, similar to what a jury or court might decide if the defendant had denied the charges. If the prosecutor and the court agree to the plea, the defendant can't receive a harsher punishment than specified. However, the court must tell the defendant that its approval of the plea isn't binding. The court may change its mind before sentencing, and if it does, the defendant can withdraw the plea. If the plea isn't accepted, it's automatically withdrawn, and can't be used as evidence in other legal proceedings.

(a)CA Penal Law Code § 1192.5(a)  Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, other than a violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, paragraph (1) or (4) of subdivision (a) of former Section 262, Section 264.1, Section 286 or 287 or former Section 288a by force, violence, duress, menace, or threat of great bodily harm, subdivision (b) of Section 288, or subdivision (a) of Section 289, the plea may specify the punishment to the same extent as it may be specified by the jury on a plea of not guilty or fixed by the court on a plea of guilty, nolo contendere, or not guilty, and may specify the exercise by the court thereafter of other powers legally available to it.
(b)CA Penal Law Code § 1192.5(b) When the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant, except as otherwise provided in this section, cannot be sentenced on the plea to a punishment more severe than that specified in the plea and the court may not proceed as to the plea other than as specified in the plea.
(c)CA Penal Law Code § 1192.5(c)  If the court approves of the plea, it shall inform the defendant prior to the making of the plea that (1) its approval is not binding, (2) it may, at the time set for the hearing on the application for probation or pronouncement of judgment, withdraw its approval in the light of further consideration of the matter, and (3) in that case, the defendant shall be permitted to withdraw the plea if the defendant desires to do so. The court shall also cause an inquiry to be made of the defendant to satisfy itself that the plea is freely and voluntarily made, and that there is a factual basis for the plea.
(d)CA Penal Law Code § 1192.5(d)  If the plea is not accepted by the prosecuting attorney and approved by the court, the plea shall be deemed withdrawn and the defendant may then enter the plea or pleas as would otherwise have been available.
(e)CA Penal Law Code § 1192.5(e)  If the plea is withdrawn or deemed withdrawn, it may not be received in evidence in any criminal, civil, or special action or proceeding of any nature, including proceedings before agencies, commissions, boards, and tribunals.

Section § 1192.6

Explanation

This law requires that in felony cases, if charges are changed or dropped, the reason must be documented in the record. If a prosecutor wants to dismiss a charge, they must explain why in court, and it must be recorded. Additionally, if a defendant pleads guilty or no contest and the prosecutor suggests a punishment, they must explain their reasoning in court, which is then documented.

(a)CA Penal Law Code § 1192.6(a) In each felony case in which the charges contained in the original accusatory pleading are amended or dismissed, the record shall contain a statement explaining the reason for the amendment or dismissal.
(b)CA Penal Law Code § 1192.6(b) In each felony case in which the prosecuting attorney seeks a dismissal of a charge in the complaint, indictment, or information, he or she shall state the specific reasons for the dismissal in open court, on the record.
(c)CA Penal Law Code § 1192.6(c) When, upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, whether or not that plea is entered pursuant to Section 1192.5, the prosecuting attorney recommends what punishment the court should impose or how it should exercise any of the powers legally available to it, the prosecuting attorney shall state the specific reasons for the recommendation in open court, on the record. The reasons for the recommendation shall be transcribed and made part of the court file.

Section § 1192.7

Explanation

This California law section emphasizes that district attorneys should prosecute violent sex crimes under strict sentencing laws rather than negotiating plea deals. Plea bargaining is generally banned for serious felonies, gun-related felonies, and DUIs, unless there’s not enough evidence or key witnesses are unavailable. When a plea deal is allowed for violent sex crimes, the DA must explain why strict sentencing wasn’t pursued. Serious felonies include violent acts like murder, rape, and kidnapping, among others. Plea bargaining means negotiating a guilty plea in exchange for reduced charges or lighter sentences. Finally, this section also specifies what counts as bank robbery and outlines the legislative process required to amend these rules.

(a)Copy CA Penal Law Code § 1192.7(a)
(1)Copy CA Penal Law Code § 1192.7(a)(1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes” or habitual sex offender statute instead of engaging in plea bargaining over those offenses.
(2)CA Penal Law Code § 1192.7(a)(2) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence.
(3)CA Penal Law Code § 1192.7(a)(3) If the indictment or information charges the defendant with a violent sex crime, as listed in subdivision (c) of Section 667.61, that could be prosecuted under Sections 269, 288.7, subdivisions (b) through (i) of Section 667, Section 667.61, or 667.71, plea bargaining is prohibited unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. At the time of presenting the agreement to the court, the district attorney shall state on the record why a sentence under one of those sections was not sought.
(b)CA Penal Law Code § 1192.7(b) As used in this section, “plea bargaining” means any bargaining, negotiation, or discussion between a criminal defendant, or their counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant.
(c)CA Penal Law Code § 1192.7(c) As used in this section, “serious felony” means any of the following:
(1)CA Penal Law Code § 1192.7(c)(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; (42) human trafficking of a minor, in violation of subdivision (c) of Section 236.1, except, with respect to a violation of paragraph (1) of subdivision (c) of Section 236.1, where the person who committed the offense was a victim of human trafficking, as described in subdivision (b) or (c) of Section 236.1, at the time of the offense; and (43) any conspiracy to commit an offense described in this subdivision.
(d)CA Penal Law Code § 1192.7(d) As used in this section, “bank robbery” means to take or attempt to take, by force or violence, or by intimidation from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association.
As used in this subdivision, the following terms have the following meanings:
(1)CA Penal Law Code § 1192.7(1) “Bank” means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
(2)CA Penal Law Code § 1192.7(2) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
(3)CA Penal Law Code § 1192.7(3) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union administration.
(e)CA Penal Law Code § 1192.7(e) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.

Section § 1192.8

Explanation

This section clarifies what qualifies as a "serious felony" in California. It includes certain violations, like those related to vehicular offenses causing great bodily injury or involving a deadly weapon. It also reaffirms that such crimes have always been considered serious felonies according to existing laws.

The intention is to ensure these interpretations align with past court cases, specifically referencing People v. Gonzales and People v. Bow, so there is no confusion about these crimes being serious felonies.

(a)CA Penal Law Code § 1192.8(a) For purposes of subdivision (c) of Section 1192.7, “serious felony” also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon, within the meaning of paragraph (8) or (23) of subdivision (c) of Section 1192.7.
(b)CA Penal Law Code § 1192.8(b) It is the intent of the Legislature, in enacting subdivision (a), to codify the court decisions of People v. Gonzales, 29 Cal. App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and to clarify that the crimes specified in subdivision (a) have always been, and continue to be, serious felonies within the meaning of subdivision (c) of Section 1192.7.

Section § 1193

Explanation

This law explains how judgment is pronounced for people convicted of crimes. If it's a felony conviction, the defendant must be present in court, except if they request in open court or writing to be absent and have an attorney represent them. The court must approve the absence as fair. There's an exception for death penalty cases, where the sentence can be passed in the defendant's absence if it was upheld by an appellate court. In such cases, the superior court issues a warrant for execution within a specific timeframe. If the court schedules execution, it can't be appealed. A person representing themselves can request absence in non-death penalty, non-capital cases, but an attorney will be appointed for them. Misdemeanor cases allow for judgment to be pronounced without the defendant being present.

Judgment upon persons convicted of commission of crime shall be pronounced as follows:
(a)Copy CA Penal Law Code § 1193(a)
(1)Copy CA Penal Law Code § 1193(a)(1) If the conviction is for a felony, the defendant shall be personally present when judgment is pronounced against them, unless the defendant, in open court and on the record or in a notarized writing, requests that judgment be pronounced against them in their absence, and that they be represented by an attorney when judgment is pronounced, and the court approves the defendant’s absence during the pronouncement of judgment, or unless, after the exercise of reasonable diligence to procure the presence of the defendant, the court finds that it will be in the interest of justice that judgment be pronounced in the defendant’s absence.
(2)CA Penal Law Code § 1193(a)(2) Notwithstanding paragraph (1), when any judgment imposing the death penalty has been affirmed by the appellate court, sentence may be reimposed upon the defendant in their absence by the court from which the appeal was taken in the following manner:
(A)CA Penal Law Code § 1193(a)(2)(A) Upon receipt by the superior court from which the appeal is taken of the certificate of the appellate court affirming the judgment, the judge of the superior court shall make and cause to be entered an order pronouncing sentence against the defendant, and a warrant signed by the judge, and attested by the clerk under the seal of the court, shall be drawn, and it shall state the conviction and judgment and appoint a day upon which the judgment shall be executed, which shall not be less than 60 days nor more than 90 days from the time of making the order.
(B)CA Penal Law Code § 1193(a)(2)(B) Within five days thereafter, a certified copy of the order, attested by the clerk under the seal of the court, and attached to the warrant, shall, for the purpose of execution, be transmitted by registered mail to the warden of the state prison having the custody of the defendant and certified copies thereof shall be transmitted electronically, in a mutually agreed upon format, to the Governor.
(C)CA Penal Law Code § 1193(a)(2)(C) When any judgment imposing the death penalty has been affirmed and sentence has been reimposed as provided in this paragraph there shall be no appeal from the order fixing the time for, and directing the execution of, the judgment.
(3)CA Penal Law Code § 1193(a)(3) If a pro se defendant requests that judgment in a noncapital case be pronounced against them in their absence, the court shall appoint an attorney to represent the defendant in the in absentia sentencing.
(b)CA Penal Law Code § 1193(b) If the conviction be of a misdemeanor, judgment may be pronounced against the defendant in their absence.

Section § 1194

Explanation

If someone is being held in custody and is due for judgment in court, the court can order the officer in charge of that person to bring them to the courtroom. The officer is required to comply with this order.

When the defendant is in custody, the Court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so.

Section § 1195

Explanation

If someone is out on bail or has put up money or property instead of bail and doesn't show up for their court judgment when required, the court will not only take the bail or the money/property but will also issue a warrant for their arrest if the prosecutor asks for it.

If the person does show up and the court makes a judgment or gives them probation, then the bail is canceled, or the money/property is given back to whoever posted it.

If the defendant has been released on bail, or has deposited money or property instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition to the forfeiture of the undertaking of bail, or of the money or property deposited, must, on application of the prosecuting attorney, direct the issuance of a bench warrant for the arrest of the defendant.
If the defendant, who is on bail, does appear for judgment and judgment is pronounced upon him or probation is granted to him, then the bail shall be exonerated or, if money or property has been deposited instead of bail, it must be returned to the defendant or to the person or persons found by the court to have deposited said money or property on behalf of said defendant.

Section § 1196

Explanation

This law explains that a court clerk can issue a bench warrant at any time after an order, possibly across multiple counties. The clerk must ensure that warrants related to private surety-bonded felony cases are entered into the National Crime Information Center (NCIC) database. If a warrant isn't entered into this national system and this failure prevents capturing or re-capturing a fugitive, the court can cancel the bond forfeiture, relieving the bond company from any financial obligation.

(a)CA Penal Law Code § 1196(a) The clerk must, at any time after the order, issue a bench warrant into one or more counties.
(b)CA Penal Law Code § 1196(b) The clerk shall require the appropriate agency to enter each bench warrant issued on a private surety-bonded felony case into the national warrant system (National Crime Information Center (NCIC)). If the appropriate agency fails to enter the bench warrant into the national warrant system (NCIC), and the court finds that this failure prevented the surety or bond agent from surrendering the fugitive into custody, prevented the fugitive from being arrested or taken into custody, or resulted in the fugitive’s subsequent release from custody, the court having jurisdiction over the bail shall, upon petition, set aside the forfeiture of the bond and declare all liability on the bail bond to be exonerated.

Section § 1197

Explanation

This section provides a template for a bench warrant in California. A bench warrant instructs any peace officer to arrest a specific person who has been convicted of a crime. The warrant requires the officer to bring the convicted individual before the court for sentencing. The document must be signed and sealed by a court official, such as a clerk, judge, or justice.

The bench warrant must be substantially in the following form:
County of ____
The people of the State of California to any peace officer in this State: ______ (name of defendant) having been on the ____ day of ____, 19_, duly convicted in the ____ court of ____ (naming the court) of the crime of ____ (designating it generally), you are therefore commanded forthwith to arrest the above named defendant and bring him before that court for judgment.
Given under my hand with the seal of said court affixed, this ____ day of ____, 19_.
By order of said court.
 ____________________
(seal)Clerk (or Judge, or Justice)

Section § 1198

Explanation
A bench warrant in California can be executed anywhere within the state just like a regular arrest warrant.
The bench warrant may be served in any county in the same manner as a warrant of arrest.

Section § 1199

Explanation

This law requires that when a bench warrant is issued for someone, the officer must arrest that person, regardless of whether the arrest happens in the county where the warrant was issued or elsewhere. The officer then has to take the person to the court that issued the warrant or hand them over to a local officer from the issuing county, who will bring the person to the court as directed by the warrant.

Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court, or deliver him to any peace officer of the county from which the warrant issued, who must bring him before said court according to the command thereof.

Section § 1200

Explanation

When it's time for a defendant to be sentenced, the court or clerk must tell them what they've been charged with, their plea, and the verdict. Then, the defendant is asked if they have any legal reason why the sentence shouldn't be given.

When the defendant appears for judgment he must be informed by the Court, or by the Clerk, under its direction, of the nature of the charge against him and of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.

Section § 1201

Explanation

This law section provides ways a person can challenge a court judgment by showing specific causes. First, they can argue they're insane. If the court thinks there's a reasonable chance they're insane, a jury will decide. If the jury finds them sane, judgment is rendered; if insane, they go to a state hospital until they're deemed sane again, at which point they'll return to court for judgment.

Second, they can argue there's a good reason to pause judgment or have a new trial. The court can then choose to delay the judgment and decide the matter.

He or she may show, for cause against the judgment:
(a)CA Penal Law Code § 1201(a) That he or she is insane; and if, in the opinion of the court, there is reasonable ground for believing him or her insane, the question of insanity shall be tried as provided in Chapter 6 (commencing with Section 1367) of Title 10 of Part 2. If, upon the trial of that question, the jury finds that he or she is sane, judgment shall be pronounced, but if they find him or her insane, he or she shall be committed to the state hospital for the care and treatment of the insane, until he or she becomes sane; and when notice is given of that fact, as provided in Section 1372, he or she shall be brought before the court for judgment.
(b)CA Penal Law Code § 1201(b) That he or she has good cause to offer, either in arrest of judgment or for a new trial; in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial.

Section § 1201.3

Explanation

When someone is convicted of a sexual offense involving a minor, or a minor is found responsible for such an offense in juvenile court, the court can order them not to harass, intimidate, or threaten the victim or their family for up to 10 years. However, legal counsel and investigators working for the defense can continue their work, provided they don't harass the protected individuals.

The prosecutor or court must inform the defense of any intention to request such an order at the time of the conviction or juvenile court decision, allowing them time to respond. Violating this protective order is punishable under a different section of the law.

(a)CA Penal Law Code § 1201.3(a) Upon the conviction of a defendant for a sexual offense involving a minor victim or, in the case of a minor appearing in juvenile court, if a petition is admitted or sustained for a sexual offense involving a minor victim, the court is authorized to issue orders that would prohibit the defendant or juvenile, for a period up to 10 years, from harassing, intimidating, or threatening the victim or the victim’s family members or spouse.
(b)CA Penal Law Code § 1201.3(b) No order issued pursuant to this section shall be interpreted to apply to counsel acting on behalf of the defendant or juvenile, or to investigators working on behalf of counsel, in an action relating to a conviction, petition in juvenile court, or any civil action arising therefrom, provided, however, that no counsel or investigator shall harass or threaten any person protected by an order issued pursuant to subdivision (a).
(c)CA Penal Law Code § 1201.3(c) Notice of the intent to request an order pursuant to this section shall be given to counsel for the defendant or juvenile by the prosecutor or the court at the time of conviction, or disposition of the petition in juvenile court, and counsel shall have adequate time in which to respond to the request before the order is made.
(d)CA Penal Law Code § 1201.3(d) A violation of an order issued pursuant to subdivision (a) is punishable as provided in Section 166.

Section § 1201.5

Explanation

If you want to make a legal motion after a judgment, you need to give the prosecution a written notice at least three days before the hearing. You must also share any documents or affidavits you plan to use as evidence with the prosecution at least three days in advance. If you don't follow these rules, and the court makes a decision on your motion, you can't appeal that decision.

Any motions made subsequent to judgment must be made only upon written notice served upon the prosecution at least three days prior to the date of hearing thereon. No affidavit or other writing shall be presented or considered in support thereof unless a copy of the same has been duly served upon the prosecution at least three days prior to a hearing thereon. Any appeal from an order entered upon a motion made other than as herein provided, must be dismissed by the court.

Section § 1202

Explanation

This law says that if there’s no good reason presented to the court explaining why a judgment shouldn’t be given at the scheduled time, then the judgment must be made. If the judgment isn’t made within the set time or any extensions under certain conditions, the defendant can request a new trial. Also, if the court doesn’t consider a defendant’s request for a new trial or doesn’t decide on it before making a judgment or granting probation, the defendant is entitled to a new trial.

If no sufficient cause is alleged or appears to the court at the time fixed for pronouncing judgment, as provided in Section 1191, why judgment should not be pronounced, it shall thereupon be rendered; and if not rendered or pronounced within the time so fixed or to which it is continued under the provisions of Section 1191, then the defendant shall be entitled to a new trial. If the court shall refuse to hear a defendant’s motion for a new trial or when made shall neglect to determine such motion before pronouncing judgment or the making of an order granting probation, then the defendant shall be entitled to a new trial.

Section § 1202

Explanation

If someone is sentenced to prison for a felony, they are sent to a location chosen by the Director of Corrections, usually at the state prison. However, if the sentence is death, the person goes to San Quentin's warden. If no specific location is chosen, the prisoner is sent to San Quentin by default.

The Director of Corrections can change where felons are sent and has to inform judges of any changes by mail. This doesn't change any rules covered by another law, Section 3400.

If the judgment is for imprisonment in the state prison the judgment shall direct that the defendant be delivered into the custody of the Director of Corrections at the state prison or institution designated by the Director of Corrections as the place for the reception of persons convicted of felonies, except where the judgment is for death in which case the defendant shall be taken to the warden of the California State Prison at San Quentin.
Unless a different place or places are so designated by the Director of Corrections, the judgment shall direct that the defendant be delivered into the custody of the Director of Corrections at the California State Prison at San Quentin. The Director of Corrections shall designate a place or places for the reception of persons convicted of felonies by order, which order or orders shall be served by registered mail, return receipt requested, upon each judge of each superior court in the state. The Director of Corrections may change the place or places of commitment by the issuance of a new order. Nothing contained in this section affects any provision of Section 3400.

Section § 1202.1

Explanation

If someone is convicted of certain sexual offenses, they must take a test for HIV/AIDS within 180 days of conviction. The results are shared with the Department of Justice and the local health officer. If involved in specific legal proceedings, these results can be shared with lawyers.

Victims are informed of these tests, and upon request, local health officers disclose the results to them, along with professional counseling. Counseling aims to help the victim understand the risk of HIV transmission and their options for health care and support services.

The law stipulates that these tests are confirmatory to ensure accuracy. Information around test results is subject to medical confidentiality laws, but victims can share the information if necessary. Those who follow these procedures are protected from civil liability.

(a)CA Penal Law Code § 1202.1(a) Notwithstanding Sections 120975 and 120990 of the Health and Safety Code, the court shall order every person who is convicted of, or adjudged by the court to be a person described by Section 601 or 602 of the Welfare and Institutions Code as provided in Section 725 of the Welfare and Institutions Code by reason of a violation of, a sexual offense listed in subdivision (e), whether or not a sentence or fine is imposed or probation is granted, to submit to a blood or oral mucosal transudate saliva test for evidence of antibodies to the probable causative agent of acquired immunodeficiency syndrome (AIDS) within 180 days of the date of conviction. Each person tested under this section shall be informed of the results of the blood or oral mucosal transudate saliva test.
(b)CA Penal Law Code § 1202.1(b) Notwithstanding Section 120980 of the Health and Safety Code, the results of the blood or oral mucosal transudate saliva test to detect antibodies to the probable causative agent of AIDS shall be transmitted by the clerk of the court to the Department of Justice and the local health officer.
(c)CA Penal Law Code § 1202.1(c) Notwithstanding Section 120980 of the Health and Safety Code, the Department of Justice shall provide the results of a test or tests as to persons under investigation or being prosecuted under Section 12022.85, if the results are on file with the department, to the defense attorney upon request and the results also shall be available to the prosecuting attorney upon request for the purpose of either preparing counts for a sentence enhancement under Section 12022.85 or complying with subdivision (d).
(d)Copy CA Penal Law Code § 1202.1(d)
(1)Copy CA Penal Law Code § 1202.1(d)(1) When a person is convicted of a sexual offense listed in subdivision (e) or adjudged by the court to be a person described by Section 601 or 602 of the Welfare and Institutions Code as provided in Section 725 of the Welfare and Institutions Code by reason of the commission of a sexual offense listed in subdivision (e), the prosecutor or the prosecutor’s victim-witness assistance bureau shall advise the victim of the right to receive the results of the blood or oral mucosal transudate saliva test performed pursuant to subdivision (a). The prosecutor or the prosecutor’s victim-witness assistance bureau shall refer the victim to the local health officer for counseling to assist the victim in understanding the extent to which the particular circumstances of the crime may or may not have placed the victim at risk of transmission of the human immunodeficiency virus (HIV) from the accused, to ensure that the victim understands the limitations and benefits of current tests for HIV, and to assist the victim in determining whether the victim should make the request.
(2)CA Penal Law Code § 1202.1(d)(2) Notwithstanding any other law, upon the victim’s request, the local health officer shall be responsible for disclosing test results to the victim who requested the test and the person who was tested. However, as specified in subdivision (g), positive test results shall not be disclosed to the victim or the person who was tested without offering or providing professional counseling appropriate to the circumstances as follows:
(A)CA Penal Law Code § 1202.1(d)(2)(A) To help the victim understand the extent to which the particular circumstances of the crime may or may not have put the victim at risk of transmission of HIV from the perpetrator.
(B)CA Penal Law Code § 1202.1(d)(2)(B) To ensure that the victim understands both the benefits and limitations of the current tests for HIV.
(C)CA Penal Law Code § 1202.1(d)(2)(C) To obtain referrals to appropriate health care and support services.
(e)CA Penal Law Code § 1202.1(e) For purposes of this section, “sexual offense” includes any of the following:
(1)CA Penal Law Code § 1202.1(e)(1) Rape in violation of Section 261, 261.4, or former Section 262.
(2)CA Penal Law Code § 1202.1(e)(2) Unlawful intercourse with a person under 18 years of age in violation of Section 261.5 or 266c.
(3)CA Penal Law Code § 1202.1(e)(3) Sodomy in violation of Section 266c or 286.
(4)CA Penal Law Code § 1202.1(e)(4) Oral copulation in violation of Section 266c or 287, or former Section 288a.
(5)Copy CA Penal Law Code § 1202.1(e)(5)
(A)Copy CA Penal Law Code § 1202.1(e)(5)(A) Any of the following offenses if the court finds that there is probable cause to believe that blood, semen, or any other bodily fluid capable of transmitting HIV has been transferred from the defendant to the victim:
(i)CA Penal Law Code § 1202.1(e)(5)(A)(i) Sexual penetration in violation of Section 264.1, 266c, or 289.
(ii)CA Penal Law Code § 1202.1(e)(5)(A)(ii) Aggravated sexual assault of a child in violation of Section 269.
(iii)CA Penal Law Code § 1202.1(e)(5)(A)(iii) Lewd or lascivious conduct with a child in violation of Section 288.
(iv)CA Penal Law Code § 1202.1(e)(5)(A)(iv) Continuous sexual abuse of a child in violation of Section 288.5.
(v)CA Penal Law Code § 1202.1(e)(5)(A)(v) The attempt to commit any offense described in clauses (i) to (iv), inclusive.
(B)CA Penal Law Code § 1202.1(e)(5)(A)(B) For purposes of this paragraph, the court shall note its finding on the court docket and minute order if one is prepared.
(f)CA Penal Law Code § 1202.1(f) Any blood or oral mucosal transudate saliva tested pursuant to subdivision (a) shall be subjected to appropriate confirmatory tests to ensure accuracy of the first test results, and under no circumstances shall test results be transmitted to the victim or the person who is tested unless any initially reactive test result has been confirmed by appropriate confirmatory tests for positive reactors.
(g)CA Penal Law Code § 1202.1(g) The local health officer shall be responsible for disclosing test results to the victim who requested the test and the person who was tested. However, positive test results shall not be disclosed to the victim or the person who was tested without offering or providing professional counseling appropriate to the circumstances.
(h)CA Penal Law Code § 1202.1(h) The local health officer and the victim shall comply with all laws and policies relating to medical confidentiality, subject to the disclosure authorized by subdivisions (g) and (i).
(i)CA Penal Law Code § 1202.1(i) A victim who receives information from the local health officer pursuant to subdivision (g) may disclose the information as the victim deems necessary to protect the victim’s health and safety or the health and safety of the victim’s family or sexual partner.
(j)CA Penal Law Code § 1202.1(j) A person who transmits test results or discloses information pursuant to this section shall be immune from civil liability for any action taken in compliance with this section.

Section § 1202.4

Explanation

California Penal Code Section 1202.4 focuses on ensuring that crime victims receive compensation for their economic losses directly from convicted offenders. When someone is convicted, the court must impose a fine and, in many cases, order restitution to the victim. Restitution is intended to cover both tangible and intangible losses, such as property damage, medical expenses, and lost wages. For felony crimes, fines range from $300 to $10,000, and for misdemeanors, they range from $150 to $1,000. The law allows for victim participation in determining restitution and considers the defendant's ability to pay.

The statute specifies various types of losses that restitution should cover, including psychological harm, relocation expenses, and security improvements. Importantly, restitution orders are treated like civil judgments, meaning they are enforceable, and any restitution collected is credited against other judgments for the same crime. A defendant’s financial disclosures are necessary for determining restitution amounts, and failure to provide them can influence sentencing.

The section also mandates specific restitution calculations in cases involving violations of intellectual property laws and establishes payment distribution for fines imposed on corporations. Overall, the law emphasizes full victim compensation while considering the offender’s circumstances.

(a)Copy CA Penal Law Code § 1202.4(a)
(1)Copy CA Penal Law Code § 1202.4(a)(1) It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.
(2)CA Penal Law Code § 1202.4(a)(2) Upon a person being convicted of a crime in the State of California, the court shall order the defendant to pay a fine in the form of a penalty assessment in accordance with Section 1464.
(3)CA Penal Law Code § 1202.4(a)(3) The court, in addition to any other penalty provided or imposed under the law, shall order the defendant to pay both of the following:
(A)CA Penal Law Code § 1202.4(a)(3)(A) A restitution fine in accordance with subdivision (b).
(B)CA Penal Law Code § 1202.4(a)(3)(B) Restitution to the victim or victims, if any, in accordance with subdivision (f), which shall be enforceable as if the order were a civil judgment.
(b)CA Penal Law Code § 1202.4(b) In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.
(1)CA Penal Law Code § 1202.4(b)(1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than three hundred dollars ($300) and not more than ten thousand dollars ($10,000). If the person is convicted of a misdemeanor, the fine shall not be less than one hundred fifty dollars ($150) and not more than one thousand dollars ($1,000).
(2)CA Penal Law Code § 1202.4(b)(2) In setting a felony restitution fine, the court may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is ordered to serve, multiplied by the number of felony counts of which the defendant is convicted.
(c)CA Penal Law Code § 1202.4(c) The court shall impose the restitution fine unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. A defendant’s inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine. Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to paragraph (1) of subdivision (b). The court may specify that funds confiscated at the time of the defendant’s arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution fine if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(d)CA Penal Law Code § 1202.4(d) In setting the amount of the fine pursuant to subdivision (b) in excess of the minimum fine pursuant to paragraph (1) of subdivision (b), the court shall consider any relevant factors, including, but not limited to, the defendant’s inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, the extent to which any other person suffered losses as a result of the crime, and the number of victims involved in the crime. Those losses may include pecuniary losses to the victim or the victim’s dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant’s inability to pay may include the defendant’s future earning capacity. A defendant shall bear the burden of demonstrating the defendant’s inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. A separate hearing for the fine shall not be required.
(e)CA Penal Law Code § 1202.4(e) The restitution fine shall not be subject to penalty assessments authorized in Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized in Section 1465.7, and shall be deposited in the Restitution Fund in the State Treasury.
(f)CA Penal Law Code § 1202.4(f) Except as provided in subdivisions (p) and (q), in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution. The court may specify that funds confiscated at the time of the defendant’s arrest, except for funds confiscated pursuant to Chapter 8 (commencing with Section 11469) of Division 10 of the Health and Safety Code, be applied to the restitution order if the funds are not exempt for spousal or child support or subject to any other legal exemption.
(1)CA Penal Law Code § 1202.4(f)(1) The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own motion or on the motion of the district attorney, the victim or victims, or the defendant. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the proceeding held to decide the motion. A victim at a restitution hearing or modification hearing described in this paragraph may testify by live, two-way audio and video transmission, if testimony by live, two-way audio and video transmission is available at the court.
(2)CA Penal Law Code § 1202.4(f)(2) Determination of the amount of restitution ordered pursuant to this subdivision shall not be affected by the indemnification or subrogation rights of a third party. Restitution ordered pursuant to this subdivision shall be ordered to be deposited in the Restitution Fund to the extent that the victim, as defined in subdivision (k), has received assistance from the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(3)CA Penal Law Code § 1202.4(f)(3) To the extent possible, the restitution order shall be prepared by the sentencing court, shall identify each victim and each loss to which it pertains, and shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct, including, but not limited to, all of the following:
(A)CA Penal Law Code § 1202.4(f)(3)(A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.
(B)CA Penal Law Code § 1202.4(f)(3)(B) Medical expenses.
(C)CA Penal Law Code § 1202.4(f)(3)(C) Mental health counseling expenses.
(D)CA Penal Law Code § 1202.4(f)(3)(D) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(E)CA Penal Law Code § 1202.4(f)(3)(E) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include commission income as well as base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown.
(F)CA Penal Law Code § 1202.4(f)(3)(F) Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288, 288.5, or 288.7.
(G)CA Penal Law Code § 1202.4(f)(3)(G) Interest, at the rate of 10 percent per annum, that accrues as of the date of sentencing or loss, as determined by the court.
(H)CA Penal Law Code § 1202.4(f)(3)(H) Actual and reasonable attorney’s fees and other costs of collection accrued by a private entity on behalf of the victim.
(I)CA Penal Law Code § 1202.4(f)(3)(I) Expenses incurred by an adult victim in relocating away from the defendant, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items. Expenses incurred pursuant to this section shall be verified by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim.
(J)CA Penal Law Code § 1202.4(f)(3)(J) Expenses to install or increase residential security incurred related to a violation of Section 273.5, or a violent felony as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks.
(K)CA Penal Law Code § 1202.4(f)(3)(K) Expenses to retrofit a residence or vehicle, or both, to make the residence accessible to or the vehicle operational by the victim, if the victim is permanently disabled, whether the disability is partial or total, as a direct result of the crime.
(L)CA Penal Law Code § 1202.4(f)(3)(L) Expenses for a period of time reasonably necessary to make the victim whole, for the costs to monitor the credit report of, and for the costs to repair the credit of, a victim of identity theft, as defined in Section 530.5.
(4)Copy CA Penal Law Code § 1202.4(f)(4)
(A)Copy CA Penal Law Code § 1202.4(f)(4)(A) If, as a result of the defendant’s conduct, the Restitution Fund has provided assistance to or on behalf of a victim or derivative victim pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, the amount of assistance provided shall be presumed to be a direct result of the defendant’s criminal conduct and shall be included in the amount of the restitution ordered.
(B)CA Penal Law Code § 1202.4(f)(4)(A)(B) The amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation. Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.
(C)CA Penal Law Code § 1202.4(f)(4)(A)(C) If the defendant offers evidence to rebut the presumption established by this paragraph, the court may release additional information contained in the records of the board to the defendant only after reviewing that information in camera and finding that the information is necessary for the defendant to dispute the amount of the restitution order.
(5)CA Penal Law Code § 1202.4(f)(5) Except as provided in paragraph (6), in any case in which an order may be entered pursuant to this subdivision, the defendant shall prepare and file a disclosure identifying all assets, income, and liabilities in which the defendant held or controlled a present or future interest as of the date of the defendant’s arrest for the crime for which restitution may be ordered. The financial disclosure statements shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed by the defendant upon a form approved or adopted by the Judicial Council for the purpose of facilitating the disclosure. A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty.
(6)CA Penal Law Code § 1202.4(f)(6) A defendant who fails to file the financial disclosure required in paragraph (5), but who has filed a financial affidavit or financial information pursuant to subdivision (c) of Section 987, shall be deemed to have waived the confidentiality of that affidavit or financial information as to a victim in whose favor the order of restitution is entered pursuant to subdivision (f). The affidavit or information shall serve in lieu of the financial disclosure required in paragraph (5), and paragraphs (7) to (10), inclusive, shall not apply.
(7)CA Penal Law Code § 1202.4(f)(7) Except as provided in paragraph (6), the defendant shall file the disclosure with the clerk of the court no later than the date set for the defendant’s sentencing, unless otherwise directed by the court. The disclosure may be inspected or copied as provided by subdivision (b), (c), or (d) of Section 1203.05.
(8)CA Penal Law Code § 1202.4(f)(8) In its discretion, the court may relieve the defendant of the duty under paragraph (7) of filing with the clerk by requiring that the defendant’s disclosure be submitted as an attachment to, and be available to, those authorized to receive the following:
(A)CA Penal Law Code § 1202.4(f)(8)(A) A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203.
(B)CA Penal Law Code § 1202.4(f)(8)(B) A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203.
(C)CA Penal Law Code § 1202.4(f)(8)(C) A report by the probation officer, or information submitted by the defendant applying for a conditional sentence pursuant to subdivision (d) of Section 1203.
(9)CA Penal Law Code § 1202.4(f)(9) The court may consider a defendant’s unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following:
(A)CA Penal Law Code § 1202.4(f)(9)(A) A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170.
(B)CA Penal Law Code § 1202.4(f)(9)(B) A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203.
(C)CA Penal Law Code § 1202.4(f)(9)(C) A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203.
(D)CA Penal Law Code § 1202.4(f)(9)(D) A factor indicating that the interests of justice would not be served by imposing less than the maximum fine and sentence fixed by law for the case.
(10)CA Penal Law Code § 1202.4(f)(10) A defendant’s failure or refusal to make the required disclosure pursuant to paragraph (5) shall not delay entry of an order of restitution or pronouncement of sentence. In appropriate cases, the court may do any of the following:
(A)CA Penal Law Code § 1202.4(f)(10)(A) Require the defendant to be examined by the district attorney pursuant to subdivision (h).
(B)CA Penal Law Code § 1202.4(f)(10)(B) If sentencing the defendant under Section 1170, provide that the victim shall receive a copy of the portion of the probation report filed pursuant to Section 1203.10 concerning the defendant’s employment, occupation, finances, and liabilities.
(C)CA Penal Law Code § 1202.4(f)(10)(C) If sentencing the defendant under Section 1203, set a date and place for submission of the disclosure required by paragraph (5) as a condition of probation or suspended sentence.
(11)CA Penal Law Code § 1202.4(f)(11) If a defendant has any remaining unpaid balance on a restitution order or fine 120 days prior to the defendant’s scheduled release from probation or 120 days prior to the defendant’s completion of a conditional sentence, the defendant shall prepare and file a new and updated financial disclosure identifying all assets, income, and liabilities in which the defendant holds or controls or has held or controlled a present or future interest during the defendant’s period of probation or conditional sentence. The financial disclosure shall be made available to the victim and the board pursuant to Section 1214. The disclosure shall be signed and prepared by the defendant on the same form as described in paragraph (5). A defendant who willfully states as true a material matter that the defendant knows to be false on the disclosure required by this subdivision is guilty of a misdemeanor, unless this conduct is punishable as perjury or another provision of law provides for a greater penalty. The financial disclosure required by this paragraph shall be filed with the clerk of the court no later than 90 days prior to the defendant’s scheduled release from probation or completion of the defendant’s conditional sentence.
(12)CA Penal Law Code § 1202.4(f)(12) In cases where an employer is convicted of a crime against an employee, a payment to the employee or the employee’s dependent that is made by the employer’s workers’ compensation insurance carrier shall not be used to offset the amount of the restitution order unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage.
(g)CA Penal Law Code § 1202.4(g) A defendant’s inability to pay shall not be a consideration in determining the amount of a restitution order.
(h)CA Penal Law Code § 1202.4(h) The district attorney may request an order of examination pursuant to the procedures specified in Article 2 (commencing with Section 708.110) of Chapter 6 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure, in order to determine the defendant’s financial assets for purposes of collecting on the restitution order.
(i)CA Penal Law Code § 1202.4(i) A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment.
(j)CA Penal Law Code § 1202.4(j) The making of a restitution order pursuant to subdivision (f) shall not affect the right of a victim to recovery from the Restitution Fund as otherwise provided by law, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the defendant arising out of the crime for which the defendant was convicted.
(k)CA Penal Law Code § 1202.4(k) For purposes of this section, “victim” shall include all of the following:
(1)CA Penal Law Code § 1202.4(k)(1) The immediate surviving family of the actual victim.
(2)CA Penal Law Code § 1202.4(k)(2) A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime.
(3)CA Penal Law Code § 1202.4(k)(3) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions:
(A)CA Penal Law Code § 1202.4(k)(3)(A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim.
(B)CA Penal Law Code § 1202.4(k)(3)(B) At the time of the crime was living in the household of the victim.
(C)CA Penal Law Code § 1202.4(k)(3)(C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A).
(D)CA Penal Law Code § 1202.4(k)(3)(D) Is another family member of the victim, including, but not limited to, the victim’s fiancé or fiancée, and who witnessed the crime.
(E)CA Penal Law Code § 1202.4(k)(3)(E) Is the primary caretaker of a minor victim.
(4)CA Penal Law Code § 1202.4(k)(4) A person who is eligible to receive assistance from the Restitution Fund pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code.
(5)CA Penal Law Code § 1202.4(k)(5) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7.
(l)CA Penal Law Code § 1202.4(l) In every case in which the defendant is granted probation, the court shall make the payment of restitution fines and orders imposed pursuant to this section a condition of probation. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied.
(m)CA Penal Law Code § 1202.4(m) If the court finds and states on the record compelling and extraordinary reasons why a restitution fine should not be required, the court shall order, as a condition of probation, that the defendant perform specified community service, unless it finds and states on the record compelling and extraordinary reasons not to require community service in addition to the finding that a restitution fine should not be required. Upon revocation of probation, the court shall impose the restitution fine pursuant to this section.
(n)CA Penal Law Code § 1202.4(n) The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section.
(o)CA Penal Law Code § 1202.4(o) The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. Notification shall be accomplished by mailing a copy of the court order to the board, which may be done periodically by bulk mail or email.
(p)CA Penal Law Code § 1202.4(p) Upon conviction for a violation of Section 236.1, the court shall, in addition to any other penalty or restitution, order the defendant to pay restitution to the victim in a case in which a victim has suffered economic loss as a result of the defendant’s conduct. The court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or another showing to the court. In determining restitution pursuant to this section, the court shall base its order upon the greater of the following: the gross value of the victim’s labor or services based upon the comparable value of similar services in the labor market in which the offense occurred, or the value of the victim’s labor as guaranteed under California law, or the actual income derived by the defendant from the victim’s labor or services or any other appropriate means to provide reparations to the victim.
(q)Copy CA Penal Law Code § 1202.4(q)
(1)Copy CA Penal Law Code § 1202.4(q)(1) In addition to any other penalty or fine, the court shall order a person who has been convicted of a violation of Section 350, 653h, 653s, 653u, 653w, or 653aa that involves a recording or audiovisual work to make restitution to an owner or lawful producer, or trade association acting on behalf of the owner or lawful producer, of a phonograph record, disc, wire, tape, film, or other device or article from which sounds or visual images are derived that suffered economic loss resulting from the violation. The order of restitution shall be based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense, unless a higher value can be proved in the case of (A) an unreleased audio work, or (B) an audiovisual work that, at the time of unauthorized distribution, has not been made available in copies for sale to the general public in the United States on a digital versatile disc. For purposes of this subdivision, possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The order of restitution shall also include reasonable costs incurred as a result of an investigation of the violation undertaken by the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer. “Aggregate wholesale value” means the average wholesale value of lawfully manufactured and authorized sound or audiovisual recordings. Proof of the specific wholesale value of each nonconforming device or article is not required.
(2)CA Penal Law Code § 1202.4(q)(2) As used in this subdivision, “audiovisual work” and “recording” shall have the same meaning as in Section 653w.
(r)Copy CA Penal Law Code § 1202.4(r)
(1)Copy CA Penal Law Code § 1202.4(r)(1) If a corporation, as defined in Section 1398, is convicted of a misdemeanor or felony offense, the court shall impose a separate and additional restitution fine, unless it finds a compelling and extraordinary reason for not doing so and states those reasons on record.
(2)CA Penal Law Code § 1202.4(r)(2) The court may determine the amount of the restitution fine. The fine shall be commensurate with the seriousness of the offense. If the corporation is convicted of a felony, the fine shall not be more than one hundred thousand dollars ($100,000). If the corporation is convicted of a misdemeanor, the fine shall not be more than one thousand dollars ($1,000).
(3)CA Penal Law Code § 1202.4(r)(3) Any moneys collected pursuant to this subdivision shall be distributed as follows:
(A)CA Penal Law Code § 1202.4(r)(3)(A) Seventy-five percent shall be deposited into the California Crime Victims Fund established under Section 13839.
(B)CA Penal Law Code § 1202.4(r)(3)(B) Twenty-five percent shall be distributed as follows:
(i)CA Penal Law Code § 1202.4(r)(3)(B)(i) If the action was brought by the Department of Justice, the moneys shall be deposited in a special account in the General Fund, and, upon appropriation, may be expended by the Department of Justice to offset costs incurred for investigation and prosecution.
(ii)CA Penal Law Code § 1202.4(r)(3)(B)(ii) If the action was brought by a district attorney or county counsel, the moneys shall be paid to the treasurer of the county in which the judgment is entered.
(iii)CA Penal Law Code § 1202.4(r)(3)(B)(iii) If the action was brought by a city attorney or city prosecutor, one-half of the moneys shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the moneys shall be paid to the treasurer of the city and county in which the judgment is entered.

Section § 1202.05

Explanation

When someone is sentenced to state prison for certain serious crimes against children under 18, the court must stop all prison visits between the offender and the child victim. This rule is for sentences after January 1, 1993, and affects various sexual offenses like those listed under Section 261 and others. If the child's family or the child objects, they can ask for a hearing in juvenile court.

For offenses committed before January 1, 1993, the Department of Corrections can tell the court about the case, and the same no-visitation rule applies.

(a)CA Penal Law Code § 1202.05(a) Whenever a person is sentenced to the state prison on or after January 1, 1993, for violating Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5, or 289, or former Section 288a, and the victim of one or more of those offenses is a child under the age of 18 years, the court shall prohibit all visitation between the defendant and the child victim. The court’s order shall be transmitted to the Department of Corrections, to the parents, adoptive parents, or guardians, or a combination thereof, of the child victim, and to the child victim. If any parent, adoptive parent, or legal guardian of the child victim, or the child victim objects to the court’s order, he or she may request a hearing on the matter. Any request for a hearing on the matter filed with the sentencing court shall be referred to the appropriate juvenile court pursuant to Section 362.6 of the Welfare and Institutions Code.
(b)CA Penal Law Code § 1202.05(b) The Department of Corrections is authorized to notify the sentencing court of persons who were sentenced to the state prison prior to January 1, 1993, for violating Section 261, 264.1, 266c, 285, 286, 288, 288.5, or 289, or former Section 288a, when the victim of one or more of those offenses was a child under the age of 18 years.
Upon notification by the department pursuant to this subdivision, the sentencing court shall prohibit all visitation between the defendant and the child victim, according to the procedures specified in subdivision (a).

Section § 1202.5

Explanation

If someone is found guilty of certain crimes like theft or burglary, they have to pay a $10 fine on top of other penalties. Before deciding the fine amount, the court will check if the person can actually pay it, considering any other fines or restitution they owe.

All collected fines are kept safe by the county and later given to local law enforcement to fund crime prevention efforts where the crime occurred. These fines are extra funds and shouldn't replace money from other crime prevention sources.

In this context, 'law enforcement agency' covers entities like police, sheriff, and probation departments.

(a)CA Penal Law Code § 1202.5(a) In any case in which a defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470, 484, 487, subdivision (a) of Section 487a, or Section 488, or 594, the court shall order the defendant to pay a fine of ten dollars ($10) in addition to any other penalty or fine imposed. If the court determines that the defendant has the ability to pay all or part of the fine, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any other fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.
(b)Copy CA Penal Law Code § 1202.5(b)
(1)Copy CA Penal Law Code § 1202.5(b)(1) All fines collected pursuant to this section shall be held in trust by the county collecting them, until transferred to the local law enforcement agency to be used exclusively for the jurisdiction where the offense took place. All moneys collected shall implement, support, and continue local crime prevention programs.
(2)CA Penal Law Code § 1202.5(b)(2) All amounts collected pursuant to this section shall be in addition to, and shall not supplant funds received for crime prevention purposes from other sources.
(c)CA Penal Law Code § 1202.5(c) As used in this section, “law enforcement agency” includes, but is not limited to, police departments, sheriffs departments, and probation departments.

Section § 1202.6

Explanation

If someone is convicted for the first time of a specific offense related to lewd conduct, the court must consider sending them to a rehabilitation or drug treatment program instead of just punishing them. This is especially aimed at helping the person address any underlying issues like substance use.

Notwithstanding Sections 120975, 120980, and 120990 of the Health and Safety Code, upon the first conviction of a person for a violation of subdivision (b) of Section 647, the court shall refer the defendant, where appropriate, to a program under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code or to a drug diversion program, or to both.

Section § 1202.7

Explanation

This law highlights that probation services play a crucial role in the criminal justice system. The main priorities when granting probation are public safety, the type of crime, justice needs, including punishment and helping the offender rejoin the community, as well as the harm done to victims and the defendant's needs. Importantly, it emphasizes encouraging treatment for those on probation, especially those identified under Section 290.011.

The Legislature finds and declares that the provision of probation services is an essential element in the administration of criminal justice. The safety of the public, which shall be a primary goal through the enforcement of court-ordered conditions of probation; the nature of the offense; the interests of justice, including punishment, reintegration of the offender into the community, and enforcement of conditions of probation; the loss to the victim; and the needs of the defendant shall be the primary considerations in the granting of probation. It is the intent of the Legislature that efforts be made with respect to persons who are subject to Section 290.011 who are on probation to engage them in treatment.

Section § 1202.8

Explanation

If someone is put on probation in California, the county probation officer is in charge of deciding how they’ll be supervised, based on what the court ordered. From January 1, 2009, if a person on probation is assessed as a high-risk sex offender, they must be continuously electronically monitored unless the court decides it’s not needed. The technology used must be the most effective available. Within 30 days of a court ordering them to pay restitution, a separate account is set up for the payments.

Starting January 1, 2009, probation departments have to report every two years on how well this electronic monitoring works, including costs and how often monitored people reoffend. This information is gathered into a single report shared with the Legislature and Governor every two years, until 2017.

(a)CA Penal Law Code § 1202.8(a) Persons placed on probation by a court shall be under the supervision of the county probation officer who shall determine both the level and type of supervision consistent with the court-ordered conditions of probation.
(b)CA Penal Law Code § 1202.8(b) Commencing January 1, 2009, every person who has been assessed with the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) pursuant to Sections 290.04 to 290.06, inclusive, and who has a SARATSO risk level of high shall be continuously electronically monitored while on probation, unless the court determines that such monitoring is unnecessary for a particular person. The monitoring device used for these purposes shall be identified as one that employs the latest available proven effective monitoring technology. Nothing in this section prohibits probation authorities from using electronic monitoring technology pursuant to any other provision of law.
(c)CA Penal Law Code § 1202.8(c) Within 30 days of a court making an order to provide restitution to a victim or to the Restitution Fund, the probation officer shall establish an account into which any restitution payments that are not deposited into the Restitution Fund shall be deposited.
(d)CA Penal Law Code § 1202.8(d) Beginning January 1, 2009, and every two years thereafter, each probation department shall report to the Corrections Standards Authority all relevant statistics and relevant information regarding the effectiveness of continuous electronic monitoring of offenders pursuant to subdivision (b). The report shall include the costs of monitoring and the recidivism rates of those persons who have been monitored. The Corrections Standards Authority shall compile the reports and submit a single report to the Legislature and the Governor every two years through 2017.

Section § 1202.41

Explanation

This law allows for court hearings to create or change restitution orders via two-way audio and video if the defendant is in a state prison with the necessary technology. This can happen when a victim has received help from a specific state program, and the local county agrees to provide the essential equipment.

The defendant's lawyer doesn't need to be physically present at the prison but should have a way to communicate confidentially during the hearing. However, the court can still demand the defendant be present in person if needed.

If an inmate in a prison without video capabilities wants to attend a restitution hearing, the cost needs to be justified for the hearing to occur. Lastly, even if a victim hasn't received state assistance, restitution orders can still be pursued independently.

(a)Copy CA Penal Law Code § 1202.41(a)
(1)Copy CA Penal Law Code § 1202.41(a)(1) Notwithstanding Section 977 or any other law, if a defendant is currently incarcerated in a state prison with two-way audiovideo communication capability, the Department of Corrections, at the request of the California Victim Compensation Board, may collaborate with a court in any county to arrange for a hearing to impose or amend a restitution order, if the victim has received assistance pursuant to Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code, to be conducted by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the defendant’s physical presence in the courtroom, provided the county has agreed to make the necessary equipment available.
(2)CA Penal Law Code § 1202.41(a)(2) Nothing in this subdivision shall be interpreted to eliminate the authority of the court to issue an order requiring the defendant to be physically present in the courtroom in those cases where the court finds circumstances that require the physical presence of the defendant in the courtroom.
(3)CA Penal Law Code § 1202.41(a)(3) In lieu of the physical presence of the defendant’s counsel at the institution with the defendant, the court and the Department of Corrections shall establish a confidential telephone and facsimile transmission line between the court and the institution for communication between the defendant’s counsel in court and the defendant at the institution. In this case, counsel for the defendant shall not be required to be physically present at the institution during the hearing via electronic audiovideo communication. Nothing in this subdivision shall be construed to prohibit the physical presence of the defense counsel with the defendant at the state prison.
(b)CA Penal Law Code § 1202.41(b) If an inmate who is not incarcerated in a state prison with two-way audiovideo communication capability or ward does not waive his or her right to attend a restitution hearing for the amendment of a restitution order, the California Victim Compensation Board shall determine if the cost of holding the hearing is justified. If the board determines that the cost of holding the hearing is not justified, the amendment of the restitution order affecting that inmate or ward shall not be pursued at that time.
(c)CA Penal Law Code § 1202.41(c) Nothing in this section shall be construed to prohibit an individual or district attorney’s office from independently pursuing the imposition or amendment of a restitution order that may result in a hearing, regardless of whether the victim has received assistance pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code.

Section § 1202.42

Explanation

This law outlines how courts should handle income deduction orders to ensure defendants pay restitution. If a restitution order is made, a separate income deduction order may be issued, which directs a payer (like an employer) to deduct money from the defendant's income to cover restitution owed. The court first confirms the defendant can pay, considering future earnings, and the defendant must prove if they can't pay.

Income deduction orders are temporarily paused until it's determined the defendant has defaulted, and the defendant hasn’t shown a valid reason for missing payments. If a defendant fails to pay, the responsible agency can prompt the court to enforce the deduction. Defendants can request a hearing to contest this enforcement based on mistakes about the restitution amount.

Furthermore, the law details procedures for informing defendants and payers of their rights and obligations, lays out penalties for payers who don't comply, and specifies how to contest liens on property linked to unpaid restitution.

Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of subdivision (a) of Section 1202.4 of this code, or Section 1203.04 as operative on or before August 2, 1995, the following shall apply:
(a)CA Penal Law Code § 1202.42(a) The court shall enter a separate order for income deduction upon determination of the defendant’s ability to pay, regardless of the probation status, in accordance with Section 1203. Determination of a defendant’s ability to pay may include his or her future earning capacity. A defendant shall bear the burden of demonstrating lack of his or her ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required.
(b)Copy CA Penal Law Code § 1202.42(b)
(1)Copy CA Penal Law Code § 1202.42(b)(1) In any case in which the court enters a separate order for income deduction under this section, the order shall be stayed until the agency in the county responsible for collection of restitution determines that the defendant has failed to meet his or her obligation under the restitution order and the defendant has not provided the agency with good cause for the failure in accordance with paragraph (2).
(2)CA Penal Law Code § 1202.42(b)(2) If the agency responsible for collection of restitution receives information that the defendant has failed to meet his or her obligation under the restitution order, the agency shall request the defendant to provide evidence indicating that timely payments have been made or provide information establishing good cause for the failure. If the defendant fails to either provide the agency with the evidence or fails to establish good cause within five days of the request, the agency shall immediately inform the defendant of that fact, and shall inform the clerk of the court in order that an income deduction order will be served pursuant to subdivision (f) following a 15-day appeal period. The defendant may apply for a hearing to contest the lifting of the stay pursuant to subdivision (f).
(c)CA Penal Law Code § 1202.42(c) The income deduction order shall direct a payer to deduct from all income due and payable to the defendant the amount required by the court to meet the defendant’s obligation.
(d)CA Penal Law Code § 1202.42(d) The income deduction order shall be effective so long as the order for restitution upon which it is based is effective or until further order of the court.
(e)CA Penal Law Code § 1202.42(e) When the court orders the income deduction, the court shall furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state all of the following:
(1)CA Penal Law Code § 1202.42(e)(1) All fees or interest that will be imposed.
(2)CA Penal Law Code § 1202.42(e)(2) The total amount of income to be deducted for each pay period.
(3)CA Penal Law Code § 1202.42(e)(3) That the income deduction order applies to current and subsequent payers and periods of employment.
(4)CA Penal Law Code § 1202.42(e)(4) That a copy of the income deduction order will be served on the defendant’s payer or payers.
(5)CA Penal Law Code § 1202.42(e)(5) That enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of restitution owed.
(6)CA Penal Law Code § 1202.42(e)(6) That the defendant is required to notify the clerk of the court within seven days after changes in the defendant’s address, payers, and the addresses of his or her payers.
(7)CA Penal Law Code § 1202.42(e)(7) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f).
(f)Copy CA Penal Law Code § 1202.42(f)
(1)Copy CA Penal Law Code § 1202.42(f)(1) Upon receiving the notice described in paragraph (2) of subdivision (b), the clerk of the court or officer of the agency responsible for collection of restitution shall serve an income deduction order and the notice to payer on the defendant’s payer unless the defendant has applied for a hearing to contest the enforcement of the income deduction order.
(2)Copy CA Penal Law Code § 1202.42(f)(2)
(A)Copy CA Penal Law Code § 1202.42(f)(2)(A) Service by or upon any person who is a party to a proceeding under this section shall be made in the manner prescribed for service upon parties in a civil action.
(B)CA Penal Law Code § 1202.42(f)(2)(A)(B) Service upon the defendant’s payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested.
(3)CA Penal Law Code § 1202.42(f)(3) The defendant, within 15 days after being informed that the order staying the income deduction order will be lifted, may apply for a hearing to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of restitution owed or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay the service of an income deduction order on all payers of the defendant until a hearing is held and a determination is made as to whether the enforcement of the income deduction order is proper.
(4)CA Penal Law Code § 1202.42(f)(4) The notice to any payer required by this subdivision shall contain only information necessary for the payer to comply with the income deduction order. The notice shall do all of the following:
(A)CA Penal Law Code § 1202.42(f)(4)(A) Require the payer to deduct from the defendant’s income the amount specified in the income deduction order, and to pay that amount to the clerk of the court.
(B)CA Penal Law Code § 1202.42(f)(4)(B) Instruct the payer to implement the income deduction order no later than the first payment date that occurs more than 14 days after the date the income deduction order was served on the payer.
(C)CA Penal Law Code § 1202.42(f)(4)(C) Instruct the payer to forward, within two days after each payment date, to the clerk of the court the amount deducted from the defendant’s income and a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order.
(D)CA Penal Law Code § 1202.42(f)(4)(D) Specify that if a payer fails to deduct the proper amount from the defendant’s income, the payer is liable for the amount the payer should have deducted, plus costs, interest, and reasonable attorney’s fees.
(E)CA Penal Law Code § 1202.42(f)(4)(E) Provide that the payer may collect up to five dollars ($5) against the defendant’s income to reimburse the payer for administrative costs for the first income deduction and up to one dollar ($1) for each deduction thereafter.
(F)CA Penal Law Code § 1202.42(f)(4)(F) State that the income deduction order and the notice to payer are binding on the payer until further notice by the court or until the payer no longer provides income to the defendant.
(G)CA Penal Law Code § 1202.42(f)(4)(G) Instruct the payer that, when he or she no longer provides income to the defendant, he or she shall notify the clerk of the court and shall also provide the defendant’s last known address and the name and address of the defendant’s new payer, if known, and that, if the payer violates this provision, the payer is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.
(H)CA Penal Law Code § 1202.42(f)(4)(H) State that the payer shall not discharge, refuse to employ, or take disciplinary action against the defendant because of an income deduction order and shall state that a violation of this provision subjects the payer to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.
(I)CA Penal Law Code § 1202.42(f)(4)(I) Inform the payer that when he or she receives income deduction orders requiring that the income of two or more defendants be deducted and sent to the same clerk of a court, he or she may combine the amounts that are to be paid to the depository in a single payment as long as he or she identifies that portion of the payment attributable to each defendant.
(J)CA Penal Law Code § 1202.42(f)(4)(J) Inform the payer that if the payer receives more than one income deduction order against the same defendant, he or she shall contact the court for further instructions.
(5)CA Penal Law Code § 1202.42(f)(5) The clerk of the court shall enforce income deduction orders against the defendant’s successor payer who is located in this state in the same manner prescribed in this subdivision for the enforcement of an income deduction order against a payer.
(6)CA Penal Law Code § 1202.42(f)(6) A person may not discharge, refuse to employ, or take disciplinary action against an employee because of the enforcement of an income deduction order. An employer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for any subsequent violation.
(7)CA Penal Law Code § 1202.42(f)(7) When a payer no longer provides income to a defendant, he or she shall notify the clerk of the court and shall provide the defendant’s last known address and the name and address of the defendant’s new payer, if known. A payer who violates this provision is subject to a civil penalty not to exceed two hundred fifty dollars ($250) for the first violation or five hundred dollars ($500) for a subsequent violation.
(g)CA Penal Law Code § 1202.42(g) If the defendant has failed to meet his or her obligation under the restitution order and the defendant has not provided good cause for the failure in accordance with the process set forth in paragraph (2) of subdivision (b), the court may, upon the request of the prosecuting attorney, order that the prosecuting attorney be given authority to use lien procedures applicable to the defendant, including, but not limited to, a writ of attachment of property. This authority is in addition to any authority granted to the prosecuting attorney in subdivision (h).
(1)CA Penal Law Code § 1202.42(g)(1) If the court authorizes a lien or other similar encumbrance on real property pursuant to this subdivision, the court shall, within 15 days, furnish to the defendant a statement of his or her rights, remedies, and duties in regard to the order. The statement shall state all of the following:
(A)CA Penal Law Code § 1202.42(g)(1)(A) That the lien is enforceable and collectible by execution issued by order of the court, except that a lien shall not be enforced by writ of execution on a defendant’s principal place of residence.
(B)CA Penal Law Code § 1202.42(g)(1)(B) A legal description of the property to be encumbered.
(C)CA Penal Law Code § 1202.42(g)(1)(C) The total amount of restitution still owed by the defendant.
(D)CA Penal Law Code § 1202.42(g)(1)(D) That enforcement of the lien order may only be contested on the ground of mistake of fact regarding the amount of restitution owed or on the ground of mistake of fact regarding the defendant’s ownership interest of the property to be encumbered.
(E)CA Penal Law Code § 1202.42(g)(1)(E) That a hearing is available in accordance with paragraph (2).
(F)CA Penal Law Code § 1202.42(g)(1)(F) That, upon paying the restitution order in full, the defendant may petition the court for a full release of any related encumbrance in accordance with paragraph (3).
(2)CA Penal Law Code § 1202.42(g)(2) The defendant, within 15 days after being informed that a lien or other similar encumbrance on real property has been ordered, may apply for a hearing to contest the enforcement order on the ground of mistake of fact regarding the amount of restitution owed, on the ground of mistake of fact regarding the defendant’s ownership interest of the property to be encumbered, or on the ground that the defendant has established good cause for the nonpayment. The timely request for a hearing shall stay any execution on the lien until a hearing is held and a determination is made as to whether the enforcement order is proper.
(3)CA Penal Law Code § 1202.42(g)(3) Upon payment of the restitution order in full, the defendant may petition the court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the restitution order.
(4)CA Penal Law Code § 1202.42(g)(4) Neither a prosecutorial agency nor a prosecuting attorney shall be liable for an injury caused by an act or omission in exercising the authority granted by this subdivision.
(h)CA Penal Law Code § 1202.42(h) If there is no agency in the county responsible for the collection of restitution, the county probation office or the prosecuting attorney may carry out the functions and duties of such an agency as specified in subdivisions (b) and (f).
(i)CA Penal Law Code § 1202.42(i) A prosecuting attorney shall not make any collection against, or take any percentage of, the defendant’s income or assets to reimburse the prosecuting attorney for administrative costs in carrying out any action authorized by this section.
(j)CA Penal Law Code § 1202.42(j) As used in this section, “good cause” for failure to meet an obligation or “good cause” for nonpayment means, but shall not be limited to, any of the following:
(1)CA Penal Law Code § 1202.42(j)(1) That there has been a substantial change in the defendant’s economic circumstances, such as involuntary unemployment, involuntary cost-of-living increases, or costs incurred as the result of medical circumstances or a natural disaster.
(2)CA Penal Law Code § 1202.42(j)(2) That the defendant reasonably believes there has been an administrative error with regard to his or her obligation for payment.
(3)CA Penal Law Code § 1202.42(j)(3) Any other similar and justifiable reasons.

Section § 1202.43

Explanation

This law states that any restitution fine imposed on a defendant, if not paid within a certain timeframe, becomes a debt owed to the state. Specifically, if a person owes $1,000 or more on this fine 60 days after sentencing in a felony case, or during probation, the court or probation officer must report this to the state Controller. This report should include the defendant's information and any assets they might have.

The law also clarifies that restitution fines are treated as debts to the state, except for any payments already made to victims. The state, through its Controller or legal representatives, can pursue the collection of these debts. Additionally, any expenses incurred by the state while collecting the fine are added to the debt, and enforcement measures can include other legal remedies.

(a)CA Penal Law Code § 1202.43(a) The restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative on or before September 28, 1994, subparagraph (B) of paragraph (2) of subdivision (a) of Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4 shall be payable to the clerk of the court, the probation officer, or any other person responsible for the collection of criminal fines. If the defendant is unable or otherwise fails to pay that fine in a felony case and there is an amount unpaid of one thousand dollars ($1,000) or more within 60 days after the imposition of sentence, or in a case in which probation is granted, within the period of probation, the clerk of the court, probation officer, or other person to whom the fine is to be paid shall forward to the Controller the abstract of judgment along with any information which may be relevant to the present and future location of the defendant and his or her assets, if any, and any verifiable amount which the defendant may have paid to the victim as a result of the crime.
(b)CA Penal Law Code § 1202.43(b) A restitution fine shall be deemed a debt of the defendant owing to the state for the purposes of Sections 12418 and 12419.5 of the Government Code, excepting any amounts the defendant has paid to the victim as a result of the crime. Upon request by the Controller, the district attorney of a county or the Attorney General may take any necessary action to recover amounts owing on a restitution fine. The amount of the recovery shall be increased by a sum sufficient to cover any costs incurred by any state or local agency in the administration of this section. The remedies provided by this subdivision are in addition to any other remedies provided by law for the enforcement of a judgment.

Section § 1202.44

Explanation

If someone is convicted of a crime and given a sentence that includes probation, the court must impose an extra fine, called a probation revocation restitution fine. This fine is equal to the initial restitution fine and only takes effect if probation is revoked. The court can’t waive or lower this fine unless there are exceptional reasons that are recorded. The money from this fine goes into the Restitution Fund of the State Treasury.

In every case in which a person is convicted of a crime and a conditional sentence or a sentence that includes a period of probation is imposed, the court shall, at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional probation revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4. This additional probation revocation restitution fine shall become effective upon the revocation of probation or of a conditional sentence, and shall not be waived or reduced by the court, absent compelling and extraordinary reasons stated on record. Probation revocation restitution fines shall be deposited in the Restitution Fund in the State Treasury.

Section § 1202.45

Explanation

This law requires that when someone is sentenced for a crime and the sentence includes parole, the court must add a parole revocation fine that matches the restitution fine already set. Similarly, if the person receives postrelease community supervision or mandatory supervision, a matching fine is applied. These fines can be collected by a designated county agency.

However, these fines are not subject to additional financial penalties and will only be collected if the individual's parole or supervision is revoked. All collected fines go into the State Treasury's Restitution Fund.

(a)CA Penal Law Code § 1202.45(a) In every case where a person is convicted of a crime and his or her sentence includes a period of parole, the court shall, at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional parole revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4.
(b)CA Penal Law Code § 1202.45(b) In every case where a person is convicted of a crime and is subject to either postrelease community supervision under Section 3451 or mandatory supervision under subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, the court shall, at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional postrelease community supervision revocation restitution fine or mandatory supervision revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4, that may be collected by the agency designated pursuant to subdivision (b) of Section 2085.5 by the board of supervisors of the county in which the prisoner is incarcerated.
(c)CA Penal Law Code § 1202.45(c) The fines imposed pursuant to subdivisions (a) and (b) shall not be subject to penalty assessments authorized by Section 1464 or Chapter 12 (commencing with Section 76000) of Title 8 of the Government Code, or the state surcharge authorized by Section 1465.7, and shall be suspended unless the person’s parole, postrelease community supervision, or mandatory supervision is revoked. Fine moneys shall be deposited in the Restitution Fund in the State Treasury.

Section § 1202.46

Explanation

This law allows a court to keep the right to adjust or impose restitution for a crime victim if the victim's economic losses aren't known at the time of sentencing. The court can make these changes until the exact losses are figured out. Additionally, if a restitution order or fine was mistakenly left out of a sentence, the victim, district attorney, or court can request a correction at any time.

Notwithstanding Section 1170, when the economic losses of a victim cannot be ascertained at the time of sentencing pursuant to subdivision (f) of Section 1202.4, the court shall retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined. This section does not prohibit a victim, the district attorney, or a court on its own motion from requesting correction, at any time, of a sentence when the sentence is invalid due to the omission of a restitution order or fine pursuant to Section 1202.4.

Section § 1202.51

Explanation

If someone is found guilty of certain listed offenses related to illegal dumping, they must pay a fine: $100 for infractions and $200 for misdemeanors. This is in addition to other fines. If the person can pay, the court decides the amount and directs it to the city or county where the offense happened, supporting their illegal dumping enforcement. No extra charges or fees can be added to this specific fine.

In any case in which a defendant is convicted of any of the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or 374.8, the court shall order the defendant to pay a fine of one hundred dollars ($100) if the conviction is for an infraction or two hundred dollars ($200) if the conviction is for a misdemeanor, in addition to any other penalty or fine imposed. If the court determines that the defendant has the ability to pay all or part of the fine, the court shall set the amount to be paid and order the defendant to pay that sum to the city or, if not within a city, the county, where the violation occurred, to be used for the city’s or county’s illegal dumping enforcement program. Notwithstanding any other provision of law, no state or county penalty, assessment, fee, or surcharge shall be imposed on the fine ordered under this section.

Section § 1203

Explanation

This law explains what 'probation' and 'conditional sentence' mean. Probation is when a person gets released under specific conditions instead of serving a full sentence, supervised by a probation officer. A conditional sentence is similar but without supervision.

If someone's convicted of a felony and might be eligible for probation, a probation officer must investigate their history before the court decides on probation. For certain serious crimes or repeat offenders listed in the law, probation typically isn't an option.

For misdemeanors, the court may decide to seek a probation report. The probation officer’s report includes recommendations on whether or not to grant probation and other conditions, like restitution to victims.

Additional rules cover what happens if someone is on probation and moves out of state, how financial evaluations for restitution work, and the conditions under which probation cannot be granted, such as for violent or serious felonies committed by someone already on probation for another felony.

Ultimately, the law aims to determine the best course of action post-conviction, balancing the interests of justice, offender rehabilitation, and community safety.

(a)CA Penal Law Code § 1203(a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code, “conditional sentence” means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.
(b)Copy CA Penal Law Code § 1203(b)
(1)Copy CA Penal Law Code § 1203(b)(1) Except as provided in subdivision (j), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officer to investigate and report to the court, at a specified time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.
(2)Copy CA Penal Law Code § 1203(b)(2)
(A)Copy CA Penal Law Code § 1203(b)(2)(A) The probation officer shall immediately investigate and make a written report to the court containing findings and recommendations, including recommendations as to the granting or denying of probation and the conditions of probation, if granted.
(B)CA Penal Law Code § 1203(b)(2)(A)(B) Pursuant to Section 828 of the Welfare and Institutions Code, the probation officer shall include in the report any information gathered by a law enforcement agency relating to the taking of the defendant into custody as a minor, which shall be considered for purposes of determining whether adjudications of commissions of crimes as a juvenile warrant a finding that there are circumstances in aggravation pursuant to Section 1170 or to deny probation.
(C)CA Penal Law Code § 1203(b)(2)(A)(C) If the person was convicted of an offense that requires that person to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation report recommends that registration be ordered at sentencing pursuant to Section 290.006, the probation officer’s report shall include the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable.
(D)CA Penal Law Code § 1203(b)(2)(A)(D) The probation officer may also include in the report recommendations for both of the following:
(i)CA Penal Law Code § 1203(b)(2)(A)(D)(i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4.
(ii)CA Penal Law Code § 1203(b)(2)(A)(D)(ii) Whether the court shall require, as a condition of probation, restitution to the victim or to the Restitution Fund and the amount thereof.
(E)CA Penal Law Code § 1203(b)(2)(A)(E) The report shall be made available to the court and the prosecuting and defense attorneys at least five days, or upon request of the defendant or prosecuting attorney nine days, prior to the time fixed by the court for the hearing and determination of the report, and shall be filed with the clerk of the court as a record in the case at the time of the hearing. The time within which the report shall be made available and filed may be waived by written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court.
(3)CA Penal Law Code § 1203(b)(3) At a time fixed by the court, the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case. At the hearing, the court shall consider any report of the probation officer, including the results of the SARATSO, if applicable, and shall make a statement that it has considered the report, which shall be filed with the clerk of the court as a record in the case. If the court determines that there are circumstances in mitigation of the punishment prescribed by law or that the ends of justice would be served by granting probation to the person, it may place the person on probation. If probation is denied, the clerk of the court shall immediately send a copy of the report to the Department of Corrections and Rehabilitation at the prison or other institution to which the person is delivered.
(4)CA Penal Law Code § 1203(b)(4) The preparation of the report or the consideration of the report by the court may be waived only by a written stipulation of the prosecuting and defense attorneys that is filed with the court or an oral stipulation in open court that is made and entered upon the minutes of the court, except that a waiver shall not be allowed unless the court consents thereto. However, if the defendant is ultimately sentenced and committed to the state prison, a probation report shall be completed pursuant to Section 1203c.
(c)CA Penal Law Code § 1203(c) If a defendant is not represented by an attorney, the court shall order the probation officer who makes the probation report to discuss its contents with the defendant.
(d)CA Penal Law Code § 1203(d) If a person is convicted of a misdemeanor, the court may either refer the matter to the probation officer for an investigation and a report or summarily pronounce a conditional sentence. If the person was convicted of an offense that requires that person to register as a sex offender pursuant to Sections 290 to 290.023, inclusive, or if the probation officer recommends that the court, at sentencing, order the offender to register as a sex offender pursuant to Section 290.006, the court shall refer the matter to the probation officer for the purpose of obtaining a report on the results of the State-Authorized Risk Assessment Tool for Sex Offenders administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable, which the court shall consider. If the case is not referred to the probation officer, in sentencing the person, the court may consider any information concerning the person that could have been included in a probation report. The court shall inform the person of the information to be considered and permit the person to answer or controvert the information. For this purpose, upon the request of the person, the court shall grant a continuance before the judgment is pronounced.
(e)CA Penal Law Code § 1203(e) Except in unusual cases in which the interests of justice would best be served if the person is granted probation, probation shall not be granted to any of the following persons:
(1)CA Penal Law Code § 1203(e)(1) Unless the person had a lawful right to carry a deadly weapon, other than a firearm, at the time of the perpetration of the crime or the person’s arrest, any person who has been convicted of arson, robbery, carjacking, burglary, burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, kidnapping, escape from the state prison, or a conspiracy to commit one or more of those crimes and who was armed with the weapon at either of those times.
(2)CA Penal Law Code § 1203(e)(2) Any person who used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the crime of which that person has been convicted.
(3)CA Penal Law Code § 1203(e)(3) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which that person has been convicted.
(4)CA Penal Law Code § 1203(e)(4) Any person who has been previously convicted twice in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony.
(5)CA Penal Law Code § 1203(e)(5) Unless the person has never been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, any person who has been convicted of burglary with explosives, rape with force or violence, torture, aggravated mayhem, murder, attempt to commit murder, trainwrecking, extortion, kidnapping, escape from the state prison, a violation of Section 286, 287, 288, or 288.5, or of former Section 288a, or a conspiracy to commit one or more of those crimes.
(6)CA Penal Law Code § 1203(e)(6) Any person who has been previously convicted once in this state of a felony or in any other place of a public offense which, if committed in this state, would have been punishable as a felony, if that person committed any of the following acts:
(A)CA Penal Law Code § 1203(e)(6)(A) Unless the person had a lawful right to carry a deadly weapon at the time of the perpetration of the previous crime or the person’s arrest for the previous crime, the person was armed with a weapon at either of those times.
(B)CA Penal Law Code § 1203(e)(6)(B) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime.
(C)CA Penal Law Code § 1203(e)(6)(C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime.
(7)CA Penal Law Code § 1203(e)(7) Any public official or peace officer of this state or any city, county, or other political subdivision who, in the discharge of the duties of public office or employment, accepted or gave or offered to accept or give any bribe, embezzled public money, or was guilty of extortion.
(8)CA Penal Law Code § 1203(e)(8) Any person who knowingly furnishes or gives away phencyclidine.
(9)CA Penal Law Code § 1203(e)(9) Any person who intentionally inflicted great bodily injury in the commission of arson under subdivision (a) of Section 451 or who intentionally set fire to, burned, or caused the burning of, an inhabited structure or inhabited property in violation of subdivision (b) of Section 451.
(10)CA Penal Law Code § 1203(e)(10) Any person who, in the commission of a felony, inflicts great bodily injury or causes the death of a human being by the discharge of a firearm from or at an occupied motor vehicle proceeding on a public street or highway.
(11)CA Penal Law Code § 1203(e)(11) Any person who possesses a short-barreled rifle or a short-barreled shotgun under Section 33215, a machinegun under Section 32625, or a silencer under Section 33410.
(12)CA Penal Law Code § 1203(e)(12) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code.
(13)CA Penal Law Code § 1203(e)(13) Any person who is described in subdivision (b) or (c) of Section 27590.
(f)CA Penal Law Code § 1203(f) When probation is granted in a case which comes within subdivision (e), the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition.
(g)CA Penal Law Code § 1203(g) If a person is not eligible for probation, the judge shall refer the matter to the probation officer for an investigation of the facts relevant to determination of the amount of a restitution fine pursuant to subdivision (b) of Section 1202.4 in all cases in which the determination is applicable. The judge, in their discretion, may direct the probation officer to investigate all facts relevant to the sentencing of the person. Upon that referral, the probation officer shall immediately investigate the circumstances surrounding the crime and the prior record and history of the person and make a written report to the court containing findings. The findings shall include a recommendation of the amount of the restitution fine as provided in subdivision (b) of Section 1202.4.
(h)CA Penal Law Code § 1203(h) If a defendant is convicted of a felony and a probation report is prepared pursuant to subdivision (b) or (g), the probation officer may obtain and include in the report a statement of the comments of the victim concerning the offense. The court may direct the probation officer not to obtain a statement if the victim has in fact testified at any of the court proceedings concerning the offense.
(i)CA Penal Law Code § 1203(i) A probationer shall not be released to enter another state unless the case has been referred to the Administrator of the Interstate Probation and Parole Compacts, pursuant to the Uniform Act for Out-of-State Probationer or Parolee Supervision (Article 3 (commencing with Section 11175) of Chapter 2 of Title 1 of Part 4).
(j)CA Penal Law Code § 1203(j) In any court in which a county financial evaluation officer is available, in addition to referring the matter to the probation officer, the court may order the defendant to appear before the county financial evaluation officer for a financial evaluation of the defendant’s ability to pay restitution, in which case the county financial evaluation officer shall report the findings regarding restitution and other court-related costs to the probation officer on the question of the defendant’s ability to pay those costs.
Any order made pursuant to this subdivision may be enforced as a violation of the terms and conditions of probation upon willful failure to pay and at the discretion of the court, may be enforced in the same manner as a judgment in a civil action, if any balance remains unpaid at the end of the defendant’s probationary period.
(k)CA Penal Law Code § 1203(k) Probation shall not be granted to, nor shall the execution of, or imposition of sentence be suspended for, any person who is convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, and who was on probation for a felony offense at the time of the commission of the new felony offense.
(l)CA Penal Law Code § 1203(l) For any person granted probation prior to January 1, 2028, at the time the court imposes probation, the court may take a waiver from the defendant permitting flash incarceration by the probation officer, pursuant to Section 1203.35.
(m)CA Penal Law Code § 1203(m) A person who is granted probation is subject to search or seizure as part of their terms and conditions only by a probation officer or other peace officer.

Section § 1203

Explanation

This law allows courts in California to manage probation for misdemeanor cases. Judges can delay or halt sentences and set probation terms that last up to one year. However, if a specific misdemeanor offense law outlines a different probation period, that specified length applies instead.

(a)CA Penal Law Code § 1203(a) In all counties and cities and counties, the courts therein, having jurisdiction to impose punishment in misdemeanor cases, may refer cases, demand reports, and to do and require anything necessary to carry out the purposes of Section 1203, insofar as that section applies to misdemeanors. The court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed one year.
(b)CA Penal Law Code § 1203(b) The one-year probation limit in subdivision (a) shall not apply to any offense that includes specific probation lengths within its provisions.

Section § 1203

Explanation

This law allows courts to delay the imposition of a sentence or put a sentence on hold in cases of misdemeanors and infractions. Courts can give out conditional sentences, and the individuals affected don't need to be on probation. They only have to report to the court, and probation officers aren't responsible for them unless the court says otherwise.

All courts shall have power to suspend the imposition or execution of a sentence and grant a conditional sentence in misdemeanor and infraction cases without referring such cases to the probation officer. Unless otherwise ordered by the court, persons granted a conditional sentence in the community shall report only to the court and the probation officer shall not be responsible in any way for supervising or accounting for such persons.

Section § 1203

Explanation

This law requires that whenever someone is sent to a Department of Corrections institution, the probation officer from the person's county must provide a report about the crime and the individual’s record. If the person is a sex offender, this report must include a specific risk assessment. These reports accompany the commitment papers, and if probation is not an option for the defendant, then a pre-sentence report fulfills this requirement.

A probation officer is afforded 48 hours to interview the defendant for these reports while they are held in county jail before being transferred to a state facility. Additionally, if restitution to a victim has been ordered by the court, with victim consent, their contact details and restitution order can be shared for distribution purposes. The district attorney may also share this information if deemed beneficial to the victim, unless the victim objects. Victim contact information remains confidential.

(a)Copy CA Penal Law Code § 1203(a)
(1)Copy CA Penal Law Code § 1203(a)(1) Notwithstanding any other law, whenever a person is committed to an institution under the jurisdiction of the Department of Corrections and Rehabilitation, whether probation has been applied for or not, or granted and revoked, it shall be the duty of the probation officer of the county from which the person is committed to send to the Department of Corrections and Rehabilitation a report of the circumstances surrounding the offense and the prior record and history of the defendant, as may be required by the Secretary of the Department of Corrections and Rehabilitation.
(2)CA Penal Law Code § 1203(a)(2) If the person is being committed to the jurisdiction of the department for a conviction of an offense that requires him or her to register as a sex offender pursuant to Section 290, the probation officer shall include in the report the results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) administered pursuant to Sections 290.04 to 290.06, inclusive, if applicable.
(b)CA Penal Law Code § 1203(b) These reports shall accompany the commitment papers. The reports shall be prepared in the form prescribed by the administrator following consultation with the Board of State and Community Corrections, except that if the defendant is ineligible for probation, a report of the circumstances surrounding the offense and the prior record and history of the defendant, prepared by the probation officer on request of the court and filed with the court before sentence, shall be deemed to meet the requirements of paragraph (1) of subdivision (a).
(c)CA Penal Law Code § 1203(c) In order to allow the probation officer an opportunity to interview, for the purpose of preparation of these reports, the defendant shall be held in the county jail for 48 hours, excluding Saturdays, Sundays, and holidays, subsequent to imposition of sentence and prior to delivery to the custody of the Secretary of the Department of Corrections and Rehabilitation, unless the probation officer has indicated the need for a different period of time.
(d)CA Penal Law Code § 1203(d) Whenever a person is committed to an institution under the jurisdiction of the Department of Corrections and Rehabilitation or a county jail pursuant to subdivision (h) of Section 1170, or is placed on postrelease community supervision or mandatory supervision, and the court has ordered the person to pay restitution to a victim, the following shall apply:
(1)CA Penal Law Code § 1203(d)(1) If the victim consents, the probation officer of the county from which the person is committed may send the victim’s contact information and a copy of the restitution order to the department or to the county agency designated by the board of supervisors to collect and distribute restitution for the sole purpose of distributing the restitution collected on behalf of the victim.
(2)CA Penal Law Code § 1203(d)(2) Notwithstanding paragraph (1), the district attorney of the county from which the person is committed may send the victim’s contact information and a copy of the restitution order to the department or to the county agency designated by the board of supervisors to collect and distribute restitution for the sole purpose of distributing the restitution collected on behalf of the victim if the district attorney finds it is in the best interest of the victim to send that information. If the victim affirmatively objects, the district attorney shall not send the victim’s contact information. The district attorney shall not be required to inform the victim of the right to object.
(3)CA Penal Law Code § 1203(d)(3) The victim’s contact information shall remain confidential and shall not be made part of the court file or combined with any public document.

Section § 1203

Explanation

This law requires that a probation report must be available to the court, prosecutor, and the defendant or their attorney at least two days before sentencing. If the defendant requests, they can have five days to review it. If the defendant does not have an attorney, the probation officer must explain the report to them.

The report becomes part of the court record when the judge considers it. If applicable, the defendant can waive the need for the report. Additionally, the report's sentence recommendations must be shared with the crime victim or their family, and they are informed of this via a specific notice.

No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.10, unless a copy of the probation report has been made available to the court, the prosecuting attorney, and the defendant or his or her attorney, at least two days or, upon the request of the defendant, five days prior to the time fixed by the court for consideration of the report with respect to pronouncement of judgment. The report shall be filed with the clerk of the court as a record in the case at the time the court considers the report.
If the defendant is not represented by an attorney, the court, upon ordering the probation report, shall also order the probation officer who prepares the report to discuss its contents with the defendant. Any waiver of the preparation of the report or the consideration of the report by the court shall be as provided in subdivision (b) of Section 1203, with respect to cases to which that subdivision applies.
The sentence recommendations of the report shall also be made available to the victim of the crime, or the victim’s next of kin if the victim has died, through the district attorney’s office. The victim or the victim’s next of kin shall be informed of the availability of this information through the notice provided pursuant to Section 1191.1.

Section § 1203

Explanation

Starting June 1, 2010, probation departments must create a "Facts of Offense Sheet" for anyone convicted of a sex offense requiring registration. This sheet includes the offender's details, criminal history, offense circumstances, and risk assessment results. It's part of the probation officer's report.

The defendant can request corrections to this sheet via the court. The probation officer sends a copy to the Department of Justice within 30 days, where it becomes part of the sex offender's file, accessible only to law enforcement online.

If the offender is incarcerated, the Facts of Offense Sheet must be sent to the law enforcement agency where the offender will live after release. This must happen within three days of release, whether from prison, jail, or a state hospital.

(a)CA Penal Law Code § 1203(a) Commencing June 1, 2010, the probation department shall compile a Facts of Offense Sheet for every person convicted of an offense that requires him or her to register as a sex offender pursuant to Section 290 who is referred to the department pursuant to Section 1203. The Facts of Offense Sheet shall contain the following information concerning the offender: name; CII number; criminal history, including all arrests and convictions for any registerable sex offenses or any violent offense; circumstances of the offense for which registration is required, including, but not limited to, weapons used and victim pattern; and results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as set forth in Section 290.04, if required. The Facts of Offense Sheet shall be included in the probation officer’s report.
(b)CA Penal Law Code § 1203(b) The defendant may move the court to correct the Facts of Offense Sheet. Any corrections to that sheet shall be made consistent with procedures set forth in Section 1204.
(c)CA Penal Law Code § 1203(c) The probation officer shall send a copy of the Facts of Offense Sheet to the Department of Justice within 30 days of the person’s sex offense conviction, and it shall be made part of the registered sex offender’s file maintained by the Department of Justice. The Facts of Offense Sheet shall thereafter be made available to law enforcement by the Department of Justice, which shall post it with the offender’s record on the Department of Justice Internet Web site maintained pursuant to Section 290.46, and shall be accessible only to law enforcement.
(d)CA Penal Law Code § 1203(d) If the registered sex offender is sentenced to a period of incarceration, at either the state prison or a county jail, the Facts of Offense Sheet shall be sent by the Department of Corrections and Rehabilitation or the county sheriff to the registering law enforcement agency in the jurisdiction where the registered sex offender will be paroled or will live on release, within three days of the person’s release. If the registered sex offender is committed to the State Department of State Hospitals, the Facts of Offense Sheet shall be sent by the State Department of State Hospitals to the registering law enforcement agency in the jurisdiction where the person will live on release, within three days of release.

Section § 1203

Explanation

This law requires probation departments to closely monitor probationers who are at high risk of committing sex crimes. These individuals must frequently check in with their assigned probation officers and receive specialized supervision. The high-risk status is determined by a specific assessment tool. Additionally, any other sex offenders on probation can also be put under this intensive supervision and reporting regime, even if they aren't classified as high risk.

Every probation department shall ensure that all probationers under active supervision who are deemed to pose a high risk to the public of committing sex crimes, as determined by the State-Authorized Risk Assessment Tool for Sex Offenders, as set forth in Sections 290.04 to 290.06, inclusive, are placed on intensive and specialized probation supervision and are required to report frequently to designated probation officers. The probation department may place any other probationer convicted of an offense that requires him or her to register as a sex offender who is on active supervision to be placed on intensive and specialized supervision and require him or her to report frequently to designated probation officers.

Section § 1203

Explanation

This law allows California courts to give probation instead of a jail sentence for shoplifting or petty theft, but only for up to two years. If probation is longer than usually allowed, the court should consider sending the person to a rehab or special court program that addresses why the crime happened. If the person is under 25, they should be sent to a program that's healing-based and works with local groups if available. If the court decides not to use these programs, it must explain why. If the person completes the program or court successfully, they can be released from probation. However, participation in these programs can't exceed the probation period unless the person agrees.

(a)CA Penal Law Code § 1203(a) Notwithstanding Section 1203a, for a violation of shoplifting, as defined in Section 459.5, or petty theft, as described in Section 488 or 490.2, the court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed two years.
(b)CA Penal Law Code § 1203(b) If a court imposes a term of probation that exceeds the maximum period of time specified in subdivision (a) of Section 1203a, the court, as a condition of probation, shall consider referring the defendant to a collaborative court or rehabilitation program that is relevant to the underlying factor or factors that led to the commission of the offense. If the defendant who is referred to a rehabilitative program is under 25 years of age, the court shall, to the extent such a program is available, refer the defendant to a program modeled on healing-centered, restorative, trauma-informed, and positive youth development approaches and that is provided in collaboration with community-based organizations. If the court finds that referral to a collaborative court or rehabilitation program is not an appropriate condition of probation, it must state the reasons for its finding on the record.
(c)CA Penal Law Code § 1203(c) Upon successful completion of the rehabilitation program, as determined by the program provider, or successful participation in the collaborative court, as determined by the collaborative court, the court shall discharge the defendant from probation.
(d)CA Penal Law Code § 1203(d) Participation in a collaborative court or a rehabilitation program by the defendant shall not exceed the maximum period of time of probation specified in subdivision (a), except with the consent of the defendant.

Section § 1203

Explanation

When a court investigates a case where someone is convicted of a crime that involves the abuse or neglect of a minor, the court can include a psychological evaluation to assess what kind of counseling the convicted person needs for rehabilitation. This evaluation might be carried out by mental health professionals like psychiatrists, psychologists, or licensed social workers. The findings from this evaluation are added to the probation officer's report to help guide potential probation conditions.

If the court initiates an investigation pursuant to subdivision (a) or (d) of Section 1203 and the convicted person was convicted of violating any section of this code in which a minor is a victim of an act of abuse or neglect, then the investigation may include a psychological evaluation to determine the extent of counseling necessary for successful rehabilitation and which may be mandated by the court during the term of probation. Such evaluation may be performed by psychiatrists, psychologists, or licensed clinical social workers. The results of the examination shall be included in the probation officer’s report to the court.

Section § 1203.01

Explanation

After a person is sentenced, the judge and district attorney can file statements about the convicted person and the crime, along with any probation officer reports, with the court clerk. If no probation report exists, the judge and district attorney must file these statements. Additionally, the defendant's attorney and law enforcement agency can also file their views. The clerk must send these documents to the prison where the person is sent and to various parties involved, including the defendant's attorney.

For sentences involving the death penalty or indeterminate terms, the clerk must send additional documents like charging papers and sentencing transcripts to the prison within 60 days. In other cases, these documents are sent upon request, particularly for appeals or reviewing custody credits.

If the recipient agrees, the court clerk can send these documents electronically instead of by mail, as long as it is not sent to the convicted person.

(a)CA Penal Law Code § 1203.01(a) Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime committed, together with any reports the probation officer may have filed relative to the prisoner. The judge and district attorney shall cause those statements to be filed if no probation officer’s report has been filed. The attorney for the defendant and the law enforcement agency that investigated the case may likewise file with the clerk of the court statements of their views respecting the defendant and the crime of which they were convicted. Immediately after the filing of those statements and reports, the clerk of the court shall mail a copy thereof, certified by that clerk, with postage prepaid, addressed to the Department of Corrections and Rehabilitation at the prison or other institution to which the person convicted is delivered. The clerk shall also mail a copy of any statement submitted by the court, district attorney, or law enforcement agency, pursuant to this section, with postage prepaid, addressed to the attorney for the defendant, if any, and to the defendant, in care of the Department of Corrections and Rehabilitation, and a copy of any statement submitted by the attorney for the defendant, with postage prepaid, shall be mailed to the district attorney.
(b)Copy CA Penal Law Code § 1203.01(b)
(1)Copy CA Penal Law Code § 1203.01(b)(1) In all cases in which the judgment imposed includes a sentence of death or an indeterminate term with or without the possibility of parole, the clerk shall, within 60 days after judgment has been pronounced, mail with postage prepaid, to the prison or other institution to which the person convicted is delivered, a copy of the charging documents, a copy of waiver and plea forms, if any, the transcript of the proceedings at the time of the defendant’s guilty or nolo contendere plea, if the defendant pleaded guilty or nolo contendere, and the transcript of the proceedings at the time of sentencing.
(2)CA Penal Law Code § 1203.01(b)(2) In all other cases not described in paragraph (1), the clerk shall mail with postage prepaid, to the prison or other institution to which the person convicted is delivered, a copy of the charging documents, a copy of the waiver and plea forms, if any, and upon written request by the Department of Corrections and Rehabilitation or by an inmate, or by their counsel, for, among other purposes on a particular case, appeals, review of custody credits and release dates, and restitution orders, the transcript of the proceedings at the time of the defendant’s guilty or nolo contendere plea, if the defendant pleaded guilty or nolo contendere, and the transcript of the proceedings at the time of sentencing.
(c)CA Penal Law Code § 1203.01(c) With the consent of the recipient expressed in writing, or orally on the record, the clerk of the court may deliver the documents, or the data contained in the documents, described in subdivisions (a) and (b) by electronic means rather than by mail if the recipient is not the person convicted.

Section § 1203.1

Explanation

This law allows a California court to grant probation to a defendant and suspend their sentence for up to two years, with certain terms and conditions. The court may order jail time, fines, or restitution for victims. Probation conditions can include community service, work at a road camp, or payment towards victim restitution.

The court must consider restitution and allow the defendant to work to support dependents or pay fines. Special conditions apply to nonviolent, nonserious offenses, where community service might involve graffiti removal or assisting seniors.

For specific serious offenses, jail time may extend beyond the usual two-year limit. Additionally, courts can order counseling for child abuse or sex offense convicts. Finally, fines collected go to the county's general fund, not to exceed set maximums for various offenses.

(a)CA Penal Law Code § 1203.1(a) The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding two years, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case. The following shall apply to this subdivision:
(1)CA Penal Law Code § 1203.1(a)(1) The court may fine the defendant in a sum not to exceed the maximum fine provided by law in the case.
(2)CA Penal Law Code § 1203.1(a)(2) The court may, in connection with granting probation, impose either imprisonment in a county jail or a fine, both, or neither.
(3)CA Penal Law Code § 1203.1(a)(3) The court shall provide for restitution in proper cases. The restitution order shall be fully enforceable as a civil judgment forthwith and in accordance with Section 1202.4 of the Penal Code.
(4)CA Penal Law Code § 1203.1(a)(4) The court may require bonds for the faithful observance and performance of any or all of the conditions of probation.
(b)CA Penal Law Code § 1203.1(b) The court shall consider whether the defendant as a condition of probation shall make restitution to the victim or the Restitution Fund. Any restitution payment received by a court or probation department in the form of cash or money order shall be forwarded to the victim within 30 days from the date the payment is received by the department. Any restitution payment received by a court or probation department in the form of a check or draft shall be forwarded to the victim within 45 days from the date the payment is received, provided, that payment need not be forwarded to a victim until 180 days from the date the first payment is received, if the restitution payments for that victim received by the court or probation department total less than fifty dollars ($50). In cases where the court has ordered the defendant to pay restitution to multiple victims and where the administrative cost of disbursing restitution payments to multiple victims involves a significant cost, any restitution payment received by a probation department shall be forwarded to multiple victims when it is cost effective to do so, but in no event shall restitution disbursements be delayed beyond 180 days from the date the payment is received by the probation department.
(c)CA Penal Law Code § 1203.1(c) In counties or cities and counties where road camps, farms, or other public work is available the court may place the probationer in the road camp, farm, or other public work instead of in jail. In this case, Section 25359 of the Government Code shall apply to probation and the court shall have the same power to require adult probationers to work, as prisoners confined in the county jail are required to work, at public work. Each county board of supervisors may fix the scale of compensation of the adult probationers in that county.
(d)CA Penal Law Code § 1203.1(d) In all cases of probation the court may require as a condition of probation that the probationer go to work and earn money for the support of the probationer’s dependents or to pay any fine imposed or reparation condition, to keep an account of the probationer’s earnings, to report them to the probation officer and apply those earnings as directed by the court.
(e)CA Penal Law Code § 1203.1(e) The court shall also consider whether the defendant as a condition of probation shall make restitution to a public agency for the costs of an emergency response pursuant to Article 8 (commencing with Section 53150) of Chapter 1 of Part 1 of Division 2 of the Government Code.
(f)CA Penal Law Code § 1203.1(f) In all felony cases in which, as a condition of probation, a judge of the superior court sitting by authority of law elsewhere than at the county seat requires a convicted person to serve their sentence at intermittent periods the sentence may be served on the order of the judge at the city jail nearest to the place at which the court is sitting, and the cost of the convicted person’s maintenance shall be a county charge.
(g)Copy CA Penal Law Code § 1203.1(g)
(1)Copy CA Penal Law Code § 1203.1(g)(1) The court and prosecuting attorney shall consider whether any defendant who has been convicted of a nonviolent or nonserious offense and ordered to participate in community service as a condition of probation shall be required to engage in the removal of graffiti in the performance of the community service. For the purpose of this subdivision, a nonserious offense shall not include the following:
(A)CA Penal Law Code § 1203.1(g)(1)(A) Offenses in violation of the Dangerous Weapons Control Law, as defined in Section 23500.
(B)CA Penal Law Code § 1203.1(g)(1)(B) Offenses involving the use of a dangerous or deadly weapon, including all violations of Section 417.
(C)CA Penal Law Code § 1203.1(g)(1)(C) Offenses involving the use or attempted use of violence against the person of another or involving injury to a victim.
(D)CA Penal Law Code § 1203.1(g)(1)(D) Offenses involving annoying or molesting children.
(2)CA Penal Law Code § 1203.1(g)(2) Notwithstanding subparagraph (A) of paragraph (1), any person who violates Chapter 1 (commencing with Section 29610) of Division 9 of Title 4 of Part 6 shall be ordered to perform not less than 100 hours and not more than 500 hours of community service as a condition of probation.
(3)CA Penal Law Code § 1203.1(g)(3) The court and the prosecuting attorney need not consider a defendant pursuant to paragraph (1) if the following circumstances exist:
(A)CA Penal Law Code § 1203.1(g)(3)(A) The defendant was convicted of any offense set forth in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)CA Penal Law Code § 1203.1(g)(3)(B) The judge believes that the public safety may be endangered if the person is ordered to do community service or the judge believes that the facts or circumstances or facts and circumstances call for imposition of a more substantial penalty.
(h)CA Penal Law Code § 1203.1(h) The probation officer or their designated representative shall consider whether any defendant who has been convicted of a nonviolent and nonserious offense and ordered to participate in community service as a condition of probation shall be required to engage in the performance of house repairs or yard services for senior citizens and the performance of repairs to senior centers through contact with local senior service organizations in the performance of the community service.
(i)Copy CA Penal Law Code § 1203.1(i)
(1)Copy CA Penal Law Code § 1203.1(i)(1) Upon conviction of any offense involving child abuse or neglect, the court may require, in addition to any or all of the terms of imprisonment, fine, and other reasonable conditions specified in this section, that the defendant participate in counseling or education programs, or both, including, but not limited to, parent education or parenting programs operated by community colleges, school districts, other public agencies, or private agencies.
(2)CA Penal Law Code § 1203.1(i)(2) Upon conviction of any sex offense subjecting the defendant to the registration requirements of Section 290, the court may order as a condition of probation, at the request of the victim or in the court’s discretion, that the defendant stay away from the victim and the victim’s residence or place of employment, and that the defendant have no contact with the victim in person, by telephone or electronic means, or by mail.
(j)CA Penal Law Code § 1203.1(j) The court may impose and require any or all of the terms of imprisonment, fine, and conditions specified in this section, and other reasonable conditions, as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer, and that should the probationer violate any of the terms or conditions imposed by the court in the matter, it shall have authority to modify and change any and all the terms and conditions and to reimprison the probationer in the county jail within the limitations of the penalty of the public offense involved. Upon the defendant being released from the county jail under the terms of probation as originally granted or any modification subsequently made, and in all cases where confinement in a county jail has not been a condition of the grant of probation, the court shall place the defendant or probationer in and under the charge of the probation officer of the court, for the period or term fixed for probation. However, upon the payment of any fine imposed and the fulfillment of all conditions of probation, probation shall cease at the end of the term of probation, or sooner, in the event of modification. In counties and cities and counties in which there are facilities for taking fingerprints, those of each probationer shall be taken and a record of them kept and preserved.
(k)CA Penal Law Code § 1203.1(k) Notwithstanding any other provisions of law to the contrary, except as provided in Section 13967, as operative on or before September 28, 1994, of the Government Code and Section 13967.5 of the Government Code and Sections 1202.4, 1463.16, paragraph (1) of subdivision (a) of Section 1463.18, and Section 1464, and Section 1203.04, as operative on or before August 2, 1995, all fines collected by a county probation officer in any of the courts of this state, as a condition of the granting of probation or as a part of the terms of probation, shall be paid into the county treasury and placed in the general fund for the use and benefit of the county.
(l)CA Penal Law Code § 1203.1(l) The two-year probation limit in subdivision (a) shall not apply to:
(1)CA Penal Law Code § 1203.1(l)(1)  An offense listed in subdivision (c) of Section 667.5 and an offense that includes specific probation lengths within its provisions. For these offenses, the court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence and under conditions as it shall determine. All other provisions of subdivision (a) shall apply.
(2)CA Penal Law Code § 1203.1(l)(2) A felony conviction for paragraph (3) of subdivision (b) of Section 487, Section 503, and Section 532a, if the total value of the property taken exceeds twenty-five thousand dollars ($25,000). For these offenses, the court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding three years, and upon those terms and conditions as it shall determine. All other provisions of subdivision (a) shall apply.
(m)CA Penal Law Code § 1203.1(m) This section shall become operative on January 1, 2022.

Section § 1203.1

Explanation

This law allows a probation officer to temporarily remove or release an inmate from a county jail or similar facility if they are there because of probation, and it’s within 30 days before their scheduled release date. This temporary removal can be done to help the inmate prepare for going back into the community, but it must not last more than three days. The probation officer can also require the inmate to pay back some or all of the costs that the county incurs during this temporary release period.

The probation officer of the county may authorize the temporary removal under custody or temporary release without custody of any inmate of the county jail, honor farm, or other detention facility, who is confined or committed as a condition of probation, after suspension of imposition of sentence or suspension of execution of sentence, for purposes preparatory to his return to the community, within 30 days prior to his release date, if he concludes that such an inmate is a fit subject therefor. Any such temporary removal shall not be for a period of more than three days. When an inmate is released for purposes preparatory to his return to the community, the probation officer may require the inmate to reimburse the county, in whole or in part, for expenses incurred by the county in connection therewith.

Section § 1203.1

Explanation

If someone is convicted of a crime involving illegal drugs, the court can require them not to use or be under the influence of any drugs while on probation. This is in addition to any other punishments like jail time or fines. The court will also make them take drug tests if the probation officer suggests it. However, if the judge thinks this condition isn't fair, it might not be applied. This law started being used on January 1, 2022.

(a)CA Penal Law Code § 1203.1(a) Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, in addition to any or all of the terms of imprisonment, fine, and other reasonable conditions specified in or permitted by Section 1203.1, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
(b)CA Penal Law Code § 1203.1(b) This section shall become operative on January 1, 2022.

Section § 1203.1

Explanation

If someone on probation is required to use an ignition interlock device, they're responsible for paying for it. The costs and payment schedules are decided by the court, and ideally, payments should be done within six months. If a defendant can't afford it, the court won't pay the costs but will consult with local officials to find a way to cover the expenses for them if possible. This rule started on July 1, 2021.

(a)CA Penal Law Code § 1203.1(a) If a defendant is granted probation and ordered to install an ignition interlock device, the defendant shall be required to pay the cost of purchasing and installing an ignition interlock device pursuant to Section 13386 of the Vehicle Code. The cost shall be determined pursuant to subdivision (k) of Section 23575.3 of the Vehicle Code. Any defendant subject to this section shall pay the manufacturer of the ignition interlock device directly for the cost of its purchase and installation, in accordance with the payment schedule ordered by the court. If practicable, the court shall order payment to be made to the manufacturer of the ignition interlock device within a six-month period.
(b)CA Penal Law Code § 1203.1(b) This section does not require any county to pay the costs of purchasing and installing any ignition interlock devices ordered pursuant to Section 13386 of the Vehicle Code. The Office of Traffic Safety shall consult with the presiding judge or the presiding judge’s designee in each county to determine an appropriate means, if any, to provide for installation of ignition interlock devices in cases in which the defendant has no ability to pay.
(c)CA Penal Law Code § 1203.1(c) This section shall become operative on July 1, 2021.

Section § 1203.1

Explanation

This law section outlines how payments from a defendant, such as restitution to a crime victim, jail costs, and other reimbursable expenses, should be handled. The court determines the total amount and decides if payments can be made in installments based on the defendant’s ability to pay. Payments must first prioritize victim restitution, then state surcharges, followed by fines, penalty assessments, and other court-ordered costs. If multiple orders exist, the same priority applies to all. Documents like bills or receipts can be admitted as evidence to substantiate costs, even if they are typically considered hearsay. This became effective on July 1, 2021.

(a)CA Penal Law Code § 1203.1(a) In determining the amount and manner of disbursement under an order made pursuant to this code requiring a defendant to make reparation or restitution to a victim of a crime, to pay any cost of jail or other confinement, or to pay any other reimbursable costs, the court, after determining the amount of any fine and penalty assessments, and a county financial evaluation officer when making a financial evaluation, shall first determine the amount of restitution to be ordered paid to any victim, and shall determine the amount of the other reimbursable costs.
If payment is made in full, the payment shall be apportioned and disbursed in the amounts ordered by the court.
If reasonable and compatible with the defendant’s financial ability, the court may order payments to be made in installments.
(b)CA Penal Law Code § 1203.1(b) With respect to installment payments and amounts collected by the Franchise Tax Board pursuant to Section 19280 of the Revenue and Taxation Code and subsequently transferred by the Controller pursuant to Section 19282 of the Revenue and Taxation Code, the board of supervisors shall provide that disbursements be made in the following order of priority:
(1)CA Penal Law Code § 1203.1(b)(1) Restitution ordered to, or on behalf of, the victim pursuant to subdivision (f) of Section 1202.4.
(2)CA Penal Law Code § 1203.1(b)(2) The state surcharge ordered pursuant to Section 1465.7.
(3)CA Penal Law Code § 1203.1(b)(3) Any fines, penalty assessments, and restitution fines ordered pursuant to subdivision (b) of Section 1202.4. Payment of each of these items shall be made on a proportional basis to the total amount levied for all of these items.
(4)CA Penal Law Code § 1203.1(b)(4) Any other reimbursable costs.
(c)CA Penal Law Code § 1203.1(c) The board of supervisors shall apply these priorities of disbursement to orders or parts of orders in cases where defendants have been ordered to pay more than one court order.
(d)CA Penal Law Code § 1203.1(d) Documentary evidence, such as bills, receipts, repair estimates, insurance payment statements, payroll stubs, business records, and similar documents relevant to the value of the stolen or damaged property, medical expenses, and wages and profits lost shall not be excluded as hearsay evidence.
(e)CA Penal Law Code § 1203.1(e) This section shall become operative on July 1, 2021.

Section § 1203.1

Explanation

The law suggests that whenever possible, courts should combine hearings where they decide if someone can pay fines or fees into one single hearing. The decision made in this combined hearing can then be applied to all relevant matters.

If practicable, the court shall consolidate the ability to pay determination hearings authorized by this code into one proceeding, and the determination of ability to pay made at the consolidated hearing may be used for all purposes.

Section § 1203.1

Explanation

If someone is convicted of sexually assaulting a minor and can be put on probation, the court must require them to pay for the victim's medical or psychological treatment as a probation condition. The convicted person must also get and keep a job, using part of their earnings to cover these costs.

A hearing can be held if the treatment costs change after probation starts. 'Sexual assault' here refers to specific actions defined in another legal section (Section 11165.1).

In any case in which a defendant is convicted of sexual assault on a minor, and the defendant is eligible for probation, the court, as a condition of probation, shall order him or her to make restitution for the costs of medical or psychological treatment incurred by the victim as a result of the assault and that he or she seek and maintain employment and apply that portion of his or her earnings specified by the court toward those costs.
As used in this section, “sexual assault” has the meaning specified in subdivisions (a) and (b) of Section 11165.1. The defendant is entitled to a hearing concerning any modification of the amount of restitution based on the costs of medical and psychological treatment incurred by the victim subsequent to the issuance of the order of probation.

Section § 1203.1

Explanation

This law allows courts to require defendants convicted of offenses involving child abuse or neglect to pay for medical examination costs incurred by law enforcement agencies. These exams are conducted on victims to evaluate the abuse or neglect. The court determines how much the defendant can afford to pay based on their financial situation, fines, and restitution orders.

Similarly, for offenses involving sexual assault, including attempts or child sexual abuse, defendants might have to pay for the cost of victim exams used for evidence collection. The court assesses the defendant's financial capacity in the same way and ensures that indigent defendants aren't punished with extra jail time if they can't pay.

(a)CA Penal Law Code § 1203.1(a) In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving child abuse or neglect, the court may require that the defendant pay to a law enforcement agency incurring the cost, the cost of any medical examinations conducted on the victim in order to determine the nature or extent of the abuse or neglect. If the court determines that the defendant has the ability to pay all or part of the medical examination costs, the court may set the amount to be reimbursed and order the defendant to pay that sum to the law enforcement agency in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.
(b)CA Penal Law Code § 1203.1(b) In addition to any other costs that a court is authorized to require a defendant to pay, upon conviction of any offense involving sexual assault or attempted sexual assault, including child sexual abuse, the court may require that the defendant pay, to the law enforcement agency, county, or local governmental agency incurring the cost, the cost of any medical examinations conducted on the victim for the collection and preservation of evidence. If the court determines that the defendant has the ability to pay all or part of the cost of the medical examination, the court may set the amount to be reimbursed and order the defendant to pay that sum to the law enforcement agency, county, or local governmental agency, in the manner in which the court believes reasonable and compatible with the defendant’s financial ability. In making the determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution. In no event shall a court penalize an indigent defendant by imposing an additional period of imprisonment in lieu of payment.

Section § 1203.1

Explanation

This law explains what happens when someone is convicted of breaking local building standards, such as health, fire, or safety rules, leading to a substandard building. If the person is granted probation, the court can require them to either stay at home (house confinement) or serve time in jail followed by house confinement.

This is specifically for cases involving dwellings rented to tenants not excluded by certain civil code exceptions.

If someone is put on house confinement, the court might order them to cover the cost of security personnel if they can afford it. 'House confinement' means staying in a court-designated home or location.

(a)CA Penal Law Code § 1203.1(a) In any case in which a defendant is convicted of a violation of any building standards adopted by a local entity by ordinance or resolution, including, but not limited to, local health, fire, building, or safety ordinances or resolutions, or any other ordinance or resolution relating to the health and safety of occupants of buildings, by maintaining a substandard building, as specified in Section 17920.3 of the Health and Safety Code, the court, or judge thereof, in making an order granting probation, in addition to any other orders, may order the defendant placed under house confinement, or may order the defendant to serve both a term of imprisonment in the county jail and to be placed under house confinement.
This section only applies to violations involving a dwelling unit occupied by persons specified in subdivision (a) of Section 1940 of the Civil Code who are not excluded by subdivision (b) of that section.
(b)CA Penal Law Code § 1203.1(b) If the court orders a defendant to serve all or part of his or her sentence under house confinement, pursuant to subdivision (a), he or she may also be ordered to pay the cost of having a police officer or guard stand guard outside the area in which the defendant has been confined under house confinement if it has been determined that the defendant is able to pay these costs.
(c)CA Penal Law Code § 1203.1(c) As used in this section, “house confinement” means confinement to a residence or location designated by the court and specified in the probation order.

Section § 1203.1

Explanation

If someone is convicted of attacking a person who is 65 years or older, and they knew or should have known their age, the court will require them to pay for the victim's medical or psychological treatment as a condition of probation. They must also find and keep a job, using part of their earnings to cover these costs.

The defendant can request a hearing if there's a need to change the amount they have to pay, especially if the victim's treatment costs increase after probation starts.

In any case in which the defendant is convicted of assault, battery, or assault with a deadly weapon on a victim 65 years of age or older, and the defendant knew or reasonably should have known the elderly status of the victim, the court, as a condition of probation, shall order the defendant to make restitution for the costs of medical or psychological treatment incurred by the victim as a result of the crime, and that the defendant seek and maintain legitimate employment and apply that portion of his or her earnings specified by the court toward those costs.
The defendant shall be entitled to a hearing, concerning any modification of the amount of restitution, based on the costs of medical and psychological treatment incurred by the victim subsequent to the issuance of the order of probation.

Section § 1203.1

Explanation

This law section explains how a court in California can order restitution in criminal cases. Restitution means paying back losses caused by a crime. The court can decide the exact amount and how it should be paid to a victim or the state's Restitution Fund if the victim got help from the Victims of Crime Program. Sometimes, the probation officer can figure out these details, but only if the defendant agrees. If the defendant disagrees with what the probation officer decides, they can have a judge review it. If the payment is going to the Restitution Fund, the court itself, not the probation officer, will set the amount and payment method.

For any order of restitution made under Section 1203.1, the court may order the specific amount of restitution and the manner in which restitution shall be made to a victim or the Restitution Fund, to the extent that the victim has received payment from the Victims of Crime Program, based on the probation officer’s report or it may, with the consent of the defendant, order the probation officer to set the amount of restitution and the manner in which restitution shall be made to a victim or the Restitution Fund, to the extent that the victim has received payment from the Victims of Crime Program. The defendant shall have the right to a hearing before the judge to dispute the determinations made by the probation officer in regard to the amount or manner in which restitution is to be made to the victim or the Restitution Fund, to the extent that the victim has received payment from the Victims of Crime Program. If the court orders restitution to be made to the Restitution Fund, the court, and not the probation officer, shall determine the amount and the manner in which restitution is to be made to the Restitution Fund.

Section § 1203.1

Explanation

This law deals with cases where someone on probation must pay back a public agency for emergency response costs. Firstly, the probation department needs to gather and report these costs to the court. Secondly, during sentencing, the defendant can argue against these costs and provide their own evidence. The public agency is responsible for collecting these repayments, and if the defendant doesn't pay, it must notify the probation department. The court can then review and potentially change the payment plan if needed. Finally, if the defendant's financial situation significantly changes, they can request a change to the payment order, and the court will consider this in a hearing.

In any case in which, pursuant to Section 1203.1, the court orders the defendant, as a condition of probation, to make restitution to a public agency for the costs of an emergency response, all of the following shall apply:
(a)CA Penal Law Code § 1203.1(a) The probation department shall obtain the actual costs for an emergency response from a public agency, and shall include the public agency’s documents supporting the actual costs for the emergency response in the probation department’s sentencing report to the court.
(b)CA Penal Law Code § 1203.1(b) At the sentencing hearing, the defendant has the right to confront witnesses and present evidence in opposition to the amount claimed to be due to the public agency for its actual costs for the emergency response.
(c)CA Penal Law Code § 1203.1(c) The collection of the emergency response costs is the responsibility of the public agency seeking the reimbursement. If a defendant fails to make restitution payment when a payment is due, the public agency shall by verified declaration notify the probation department of the delinquency. The probation department shall make an investigation of the delinquency and shall make a report to the court of the delinquency. The report shall contain any recommendation that the probation officer finds to be relevant regarding the delinquency and future payments. The court, after a hearing on the delinquency, may make modifications to the existing order in the furtherance of justice.
(d)CA Penal Law Code § 1203.1(d) The defendant has the right to petition the court for a modification of the emergency response reimbursement order whenever he or she has sustained a substantial change in economic circumstances. The defendant has a right to a hearing on the proposed modification, and the court may make any modification to the existing order in the furtherance of justice.

Section § 1203.02

Explanation

This law section requires the judge to check if a person convicted of certain crimes was drunk or had a drinking problem at the time they committed the crime. If the judge thinks the person was intoxicated or addicted, they must make staying away from alcohol a condition of the person's probation.

The court, or judge thereof, in granting probation to a defendant convicted of any of the offenses enumerated in Section 290 of this code shall inquire into the question whether the defendant at the time the offense was committed was intoxicated or addicted to the excessive use of alcoholic liquor or beverages at that time or immediately prior thereto, and if the court, or judge thereof, believes that the defendant was so intoxicated, or so addicted, such court, or judge thereof, shall require as a condition of such probation that the defendant totally abstain from the use of alcoholic liquor or beverages.

Section § 1203.2

Explanation

This section talks about how people under different types of supervision, like probation or parole, can be rearrested if they violate their terms. Officers don't need a warrant to do this if they have probable cause. Once rearrested, the court can decide to end or change this supervision based on justice needs. However, simply not paying fines or failing to make restitution won't automatically lead to revocation unless the court finds it's done on purpose. After revocation, a person's sentence can be imposed or altered depending on earlier suspensions. The statute also allows for modifications without a court appearance if the supervised person and their lawyer agree, emphasizing the importance of understanding one's rights and consulting with legal counsel.

(a)CA Penal Law Code § 1203.2(a) At any time during the period of supervision of a person (1) released on probation under the care of a probation officer pursuant to this chapter, (2) released on conditional sentence or summary probation not under the care of a probation officer, (3) placed on mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject to revocation of postrelease community supervision pursuant to Section 3455, or (5) subject to revocation of parole supervision pursuant to Section 3000.08, if any probation officer, parole officer, or peace officer has probable cause to believe that the supervised person is violating any term or condition of the person’s supervision, the officer may, without warrant or other process and at any time until the final disposition of the case, rearrest the supervised person and bring them before the court or the court may, in its discretion, issue a warrant for their rearrest. Unless the person on probation is otherwise serving a period of flash incarceration, whenever a person on probation who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation as described in subdivision (b), the court shall consider the release of a person on probation from custody in accordance with Section 1203.25. Notwithstanding Section 3056, and unless the supervised person is otherwise serving a period of flash incarceration, whenever any supervised person who is subject to this section and who is not on probation is arrested, with or without a warrant or the filing of a petition for revocation as described in subdivision (b), the court may order the release of the supervised person from custody under any terms and conditions the court deems appropriate. Upon rearrest, or upon the issuance of a warrant for rearrest, the court may revoke and terminate the supervision of the person if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation or parole officer or otherwise that the person has violated any of the conditions of their supervision, or has subsequently committed other offenses, regardless of whether the person has been prosecuted for those offenses. However, the court shall not terminate parole pursuant to this section. Supervision shall not be revoked solely for failure of a person to make restitution, or to pay fines, fees, or assessments, imposed as a condition of supervision unless the court determines that the defendant has willfully failed to pay and has the ability to pay. Restitution shall be consistent with a person’s ability to pay. The revocation, summary or otherwise, shall serve to toll the running of the period of supervision.
(b)Copy CA Penal Law Code § 1203.2(b)
(1)Copy CA Penal Law Code § 1203.2(b)(1) Upon its own motion or upon the petition of the supervised person, the probation or parole officer, or the district attorney, the court may modify, revoke, or terminate supervision of the person pursuant to this subdivision, except that the court shall not terminate parole pursuant to this section. The court in the county in which the person is supervised has jurisdiction to hear the motion or petition, or for those on parole, either the court in the county of supervision or the court in the county in which the alleged violation of supervision occurred. A person supervised on parole or postrelease community supervision pursuant to Section 3455 may not petition the court pursuant to this section for early release from supervision, and a petition under this section shall not be filed solely for the purpose of modifying parole. This section does not prohibit the court in the county in which the person is supervised or in which the alleged violation of supervision occurred from modifying a person’s parole when acting on the court’s own motion or a petition to revoke parole. The court shall give notice of its motion, and the probation or parole officer or the district attorney shall give notice of their petition to the supervised person, the supervised person’s attorney of record, and the district attorney or the probation or parole officer, as the case may be. The supervised person shall give notice of their petition to the probation or parole officer and notice of any motion or petition shall be given to the district attorney in all cases. The court shall refer its motion or the petition to the probation or parole officer. After the receipt of a written report from the probation or parole officer, the court shall read and consider the report and either its motion or the petition and may modify, revoke, or terminate the supervision of the supervised person upon the grounds set forth in subdivision (a) if the interests of justice so require.
(2)CA Penal Law Code § 1203.2(b)(2) The notice required by this subdivision may be given to the supervised person upon their first court appearance in the proceeding. Upon the agreement by the supervised person in writing to the specific terms of a modification or termination of a specific term of supervision, any requirement that the supervised person make a personal appearance in court for the purpose of a modification or termination shall be waived. Prior to the modification or termination and waiver of appearance, the supervised person shall be informed of their right to consult with counsel, and if indigent the right to secure court-appointed counsel. If the supervised person waives their right to counsel a written waiver shall be required. If the supervised person consults with counsel and thereafter agrees to a modification, revocation, or termination of the term of supervision and waiver of personal appearance, the agreement shall be signed by counsel showing approval for the modification or termination and waiver.
(c)CA Penal Law Code § 1203.2(c) Upon any revocation and termination of probation the court may, if the sentence has been suspended, pronounce judgment for any time within the longest period for which the person might have been sentenced. However, if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke the suspension and order that the judgment shall be in full force and effect. In either case, the person shall be delivered over to the proper officer to serve their sentence, less any credits herein provided for.
(d)CA Penal Law Code § 1203.2(d) In any case of revocation and termination of probation, including, but not limited to, cases in which the judgment has been pronounced and the execution thereof has been suspended, upon the revocation and termination, the court may, in lieu of any other sentence, commit the person to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if the person is otherwise eligible for that commitment.
(e)CA Penal Law Code § 1203.2(e) If probation has been revoked before the judgment has been pronounced, the order revoking probation may be set aside for good cause upon motion made before pronouncement of judgment. If probation has been revoked after the judgment has been pronounced, the judgment and the order which revoked the probation may be set aside for good cause within 30 days after the court has notice that the execution of the sentence has commenced. If an order setting aside the judgment, the revocation of probation, or both is made after the expiration of the probationary period, the court may again place the person on probation for that period and with those terms and conditions as it could have done immediately following conviction.
(f)CA Penal Law Code § 1203.2(f) As used in this section, the following definitions shall apply:
(1)CA Penal Law Code § 1203.2(f)(1) “Court” means a judge, magistrate, or revocation hearing officer described in Section 71622.5 of the Government Code.
(2)CA Penal Law Code § 1203.2(f)(2) “Probation officer” means a probation officer as described in Section 1203 or an officer of the agency designated by the board of supervisors of a county to implement postrelease community supervision pursuant to Section 3451.
(3)CA Penal Law Code § 1203.2(f)(3) “Supervised person” means a person who satisfies any of the following:
(A)CA Penal Law Code § 1203.2(f)(3)(A) The person is released on probation subject to the supervision of a probation officer.
(B)CA Penal Law Code § 1203.2(f)(3)(B) The person is released on conditional sentence or summary probation not under the care of a probation officer.
(C)CA Penal Law Code § 1203.2(f)(3)(C) The person is subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
(D)CA Penal Law Code § 1203.2(f)(3)(D) The person is subject to revocation of postrelease community supervision pursuant to Section 3455.
(E)CA Penal Law Code § 1203.2(f)(3)(E) The person is subject to revocation of parole pursuant to Section 3000.08.
(g)CA Penal Law Code § 1203.2(g) This section does not affect the authority of the supervising agency to impose intermediate sanctions, including flash incarceration, to persons supervised on parole pursuant to Section 3000.8 or postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3.

Section § 1203.2

Explanation

This California law addresses situations where a person on probation is jailed for a different crime. If they get locked up elsewhere, they can ask the court to sentence them for their old crime without being there in person. They can do this either through their lawyer or in writing. The person in charge at the prison has to confirm the person signed this request.

The probation officer must tell the court within 30 days if they find out the person is in jail. If the court knows about this, it should act quickly. They either need to finalize the sentence or drop their jurisdiction depending on whether a sentence was previously imposed and request was made. The law sets deadlines for this: 60 days if a sentence was previously imposed, or 30 days if it wasn't and the person requested sentencing.

If the court fails to act in time, they lose the right to handle the probation case. Once they issue a sentence, it's backdated to when probation started, and any new sentences start when the person went to jail the first time. If sentences are to be served one after the other, this is handled as per usual legal rules.

If any defendant who has been released on probation is committed to a prison in this state or another state for another offense, the court which released him or her on probation shall have jurisdiction to impose sentence, if no sentence has previously been imposed for the offense for which he or she was granted probation, in the absence of the defendant, on the request of the defendant made through his or her counsel, or by himself or herself in writing, if such writing is signed in the presence of the warden of the prison in which he or she is confined or the duly authorized representative of the warden, and the warden or his or her representative attests both that the defendant has made and signed such request and that he or she states that he or she wishes the court to impose sentence in the case in which he or she was released on probation, in his or her absence and without him or her being represented by counsel.
The probation officer may, upon learning of the defendant’s imprisonment, and must within 30 days after being notified in writing by the defendant or his or her counsel, or the warden or duly authorized representative of the prison in which the defendant is confined, report such commitment to the court which released him or her on probation.
Upon being informed by the probation officer of the defendant’s confinement, or upon receipt from the warden or duly authorized representative of any prison in this state or another state of a certificate showing that the defendant is confined in prison, the court shall issue its commitment if sentence has previously been imposed. If sentence has not been previously imposed and if the defendant has requested the court through counsel or in writing in the manner herein provided to impose sentence in the case in which he or she was released on probation in his or her absence and without the presence of counsel to represent him or her, the court shall impose sentence and issue its commitment, or shall make other final order terminating its jurisdiction over the defendant in the case in which the order of probation was made. If the case is one in which sentence has previously been imposed, the court shall be deprived of jurisdiction over defendant if it does not issue its commitment or make other final order terminating its jurisdiction over defendant in the case within 60 days after being notified of the confinement. If the case is one in which sentence has not previously been imposed, the court is deprived of jurisdiction over defendant if it does not impose sentence and issue its commitment or make other final order terminating its jurisdiction over defendant in the case within 30 days after defendant has, in the manner prescribed by this section, requested imposition of sentence.
Upon imposition of sentence hereunder the commitment shall be dated as of the date upon which probation was granted. If the defendant is then in a state prison for an offense committed subsequent to the one upon which he or she has been on probation, the term of imprisonment of such defendant under a commitment issued hereunder shall commence upon the date upon which defendant was delivered to prison under commitment for his or her subsequent offense. Any terms ordered to be served consecutively shall be served as otherwise provided by law.
In the event the probation officer fails to report such commitment to the court or the court fails to impose sentence as herein provided, the court shall be deprived thereafter of all jurisdiction it may have retained in the granting of probation in said case.

Section § 1203.03

Explanation

This law allows a court to temporarily send a defendant, who has been convicted of a crime that could lead to state prison time, to a diagnostic facility run by the Department of Corrections for up to 90 days. The purpose is to assess and make treatment recommendations for the defendant. During this time, the facility's director must report back to the court with their findings and suggestions.

The defendant’s diagnosis and treatment details are shared only with specific parties, like the defendant's lawyer and the probation officer, and these details remain confidential. Moreover, if the defendant is put on probation, the probation officer can keep a copy to supervise the defendant, but this, too, remains confidential.

The law specifies transportation arrangements for sending and returning the defendant to and from the diagnostic center, with expenses covered by the county. It also emphasizes that this diagnostic process should not replace local sentencing and that any time spent in the facility is credited towards any eventual prison sentence.

If a treatable condition impacting the defendant's criminal behavior is discovered, the Department can treat it with the defendant's consent. Should treatment require more time than initially planned, an extended stay might be arranged with a court's approval and the defendant's agreement.

(a)CA Penal Law Code § 1203.03(a) In any case in which a defendant is convicted of an offense punishable by imprisonment in the state prison, the court, if it concludes that a just disposition of the case requires such diagnosis and treatment services as can be provided at a diagnostic facility of the Department of Corrections, may order that defendant be placed temporarily in such facility for a period not to exceed 90 days, with the further provision in such order that the Director of the Department of Corrections report to the court his diagnosis and recommendations concerning the defendant within the 90-day period.
(b)CA Penal Law Code § 1203.03(b) The Director of the Department of Corrections shall, within the 90 days, cause defendant to be observed and examined and shall forward to the court his diagnosis and recommendation concerning the disposition of defendant’s case. Such diagnosis and recommendation shall be embodied in a written report and copies of the report shall be served only upon the defendant or his counsel, the probation officer, and the prosecuting attorney by the court receiving such report. After delivery of the copies of the report, the information contained therein shall not be disclosed to anyone else without the consent of the defendant. After disposition of the case, all copies of the report, except the one delivered to the defendant or his counsel, shall be filed in a sealed file and shall be available thereafter only to the defendant or his counsel, the prosecuting attorney, the court, the probation officer, or the Department of Corrections.
(c)CA Penal Law Code § 1203.03(c) Notwithstanding subdivision (b), the probation officer may retain a copy of the report for the purpose of supervision of the defendant if the defendant is placed on probation by the court. The report and information contained therein shall be confidential and shall not be disclosed to anyone else without the written consent of the defendant. Upon the completion or termination of probation, the copy of the report shall be returned by the probation officer to the sealed file prescribed in subdivision (b).
(d)CA Penal Law Code § 1203.03(d) The Department of Corrections shall designate the place to which a person referred to it under the provisions of this section shall be transported. After the receipt of any such person, the department may return the person to the referring court if the director of the department, in his discretion, determines that the staff and facilities of the department are inadequate to provide such services.
(e)CA Penal Law Code § 1203.03(e) The sheriff of the county in which an order is made placing a defendant in a diagnostic facility pursuant to this section, or any other peace officer designated by the court, shall execute the order placing such defendant in the center or returning him therefrom to the court. The expense of such sheriff or other peace officer incurred in executing such order is a charge upon the county in which the court is situated.
(f)CA Penal Law Code § 1203.03(f) It is the intention of the Legislature that the diagnostic facilities made available to the counties by this section shall only be used for the purposes designated and not in lieu of sentences to local facilities.
(g)CA Penal Law Code § 1203.03(g) Time spent by a defendant in confinement in a diagnostic facility of the Department of Corrections pursuant to this section or as an inpatient of the California Rehabilitation Center shall be credited on the term of imprisonment in state prison, if any, to which defendant is sentenced in the case.
(h)CA Penal Law Code § 1203.03(h) In any case in which a defendant has been placed in a diagnostic facility pursuant to this section and, in the course of his confinement, he is determined to be suffering from a remediable condition relevant to his criminal conduct, the department may, with the permission of defendant, administer treatment for such condition. If such treatment will require a longer period of confinement than the period for which defendant was placed in the diagnostic facility, the Director of Corrections may file with the court which placed defendant in the facility a petition for extension of the period of confinement, to which shall be attached a writing signed by defendant giving his consent to the extension. If the court finds the petition and consent in order, it may order the extension, and transmit a copy of the order to the Director of Corrections.

Section § 1203.3

Explanation

This law explains that a court can change, revoke, or end a person's probation at any time if it's in the interest of justice and the person has shown good behavior. Before any changes, there's a requirement for a public hearing with a chance for the prosecuting attorney to be heard. The court can also alter probation terms, like reducing a felony to a misdemeanor, but must explain reasons for these changes.

Special rules apply for cases involving protective orders or domestic violence; if changes are needed, factors like acceptance of responsibility and current behavior are considered. If someone escapes jail while on probation, their probation is automatically revoked, but they still get a hearing to discuss the violation. This section doesn't apply to cases covered by Section 1203.2.

(a)CA Penal Law Code § 1203.3(a) The court has the authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence. The court may at any time when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation, and discharge the person held. The court also has the authority at any time during the term of mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 to revoke, modify, or change the conditions of the court’s order suspending the execution of the concluding portion of the supervised person’s term.
(b)CA Penal Law Code § 1203.3(b) The exercise of the court’s authority in subdivision (a) to revoke, modify, or change probation or mandatory supervision, or to terminate probation, is subject to the following:
(1)CA Penal Law Code § 1203.3(b)(1) Before any sentence or term or condition of probation or condition of mandatory supervision is modified, a hearing shall be held in open court before the judge. The prosecuting attorney shall be given a two-day written notice and an opportunity to be heard on the matter, except that, as to modifying or terminating a protective order in a case involving domestic violence, as defined in Section 6211 of the Family Code, the prosecuting attorney shall be given a five-day written notice and an opportunity to be heard.
(A)CA Penal Law Code § 1203.3(b)(1)(A) If the sentence or term or condition of probation or the term or any condition of mandatory supervision is modified pursuant to this section, the judge shall state the reasons for that modification on the record.
(B)CA Penal Law Code § 1203.3(b)(1)(B) As used in this section, modification of sentence shall include reducing a felony to a misdemeanor.
(2)Copy CA Penal Law Code § 1203.3(b)(2)
(A)Copy CA Penal Law Code § 1203.3(b)(2)(A) An order shall not be made without written notice first given by the court or the clerk thereof to the proper probation officer of the intention to revoke, modify, or change its order.
(B)CA Penal Law Code § 1203.3(b)(2)(A)(B) Before an order terminating probation early may be made, a hearing shall be held in open court before the judge. The prosecuting attorney shall be given a two-day written notice and an opportunity to be heard on the matter. The prosecuting attorney shall provide notice to the victim if the victim has requested to be notified about the progress of the case. If the victim advises the prosecuting attorney that there is an outstanding restitution order or restitution fine, as specified in Section 1202.4, the prosecuting attorney shall request a continuance of the hearing.
(3)CA Penal Law Code § 1203.3(b)(3) In all probation cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall at the end of the term of probation or any extension thereof, be discharged by the court subject to the provisions of these sections.
(4)CA Penal Law Code § 1203.3(b)(4) The court may modify the time and manner of the term of probation for purposes of measuring the timely payment of restitution obligations or the good conduct and reform of the defendant while on probation. The court shall not modify the dollar amount of the restitution obligations due to the good conduct and reform of the defendant, absent compelling and extraordinary reasons, nor shall the court limit the ability of payees to enforce the obligations in the manner of judgments in civil actions.
(5)CA Penal Law Code § 1203.3(b)(5) This section does not prohibit the court from modifying the dollar amount of a restitution order pursuant to subdivision (f) of Section 1202.4 at any time during the term of the probation.
(6)CA Penal Law Code § 1203.3(b)(6) The court may limit or terminate a protective order that is a condition of probation or mandatory supervision in a case involving domestic violence, as defined in Section 6211 of the Family Code. In determining whether to limit or terminate the protective order, the court shall consider if there has been any material change in circumstances since the crime for which the order was issued, and any issue that relates to whether there exists good cause for the change, including, but not limited to, consideration of all of the following:
(A)CA Penal Law Code § 1203.3(b)(6)(A) Whether the probationer or supervised person has accepted responsibility for the abusive behavior perpetrated against the victim.
(B)CA Penal Law Code § 1203.3(b)(6)(B) Whether the probationer or supervised person is currently attending and actively participating in counseling sessions.
(C)CA Penal Law Code § 1203.3(b)(6)(C) Whether the probationer or supervised person has completed parenting counseling, or attended alcoholics or narcotics counseling.
(D)CA Penal Law Code § 1203.3(b)(6)(D) Whether the probationer or supervised person has moved from the state, or is incarcerated.
(E)CA Penal Law Code § 1203.3(b)(6)(E) Whether the probationer or supervised person is still cohabiting, or intends to cohabit, with any subject of the order.
(F)CA Penal Law Code § 1203.3(b)(6)(F) Whether the defendant has performed well on probation or mandatory supervision, including consideration of any progress reports.
(G)CA Penal Law Code § 1203.3(b)(6)(G) Whether the victim desires the change, and if so, the victim’s reasons, whether the victim has consulted a victim advocate, and whether the victim has prepared a safety plan and has access to local resources.
(H)CA Penal Law Code § 1203.3(b)(6)(H) Whether the change will impact any children involved, including consideration of any child protective services information.
(I)CA Penal Law Code § 1203.3(b)(6)(I) Whether the ends of justice would be served by limiting or terminating the order.
(c)CA Penal Law Code § 1203.3(c) If a probationer is ordered to serve time in jail, and the probationer escapes while serving that time, the probation is revoked as a matter of law on the day of the escape.
(d)CA Penal Law Code § 1203.3(d) If probation is revoked pursuant to subdivision (c), upon taking the probationer into custody, the probationer shall be accorded a hearing or hearings consistent with the holding in the case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that hearing or hearings is not to revoke probation, as the revocation has occurred as a matter of law in accordance with subdivision (c), but rather to afford the defendant an opportunity to require the prosecution to establish that the alleged violation did in fact occur and to justify the revocation.
(e)CA Penal Law Code § 1203.3(e) This section does not apply to cases covered by Section 1203.2.

Section § 1203.4

Explanation

This law allows people who have completed their probation, or have been released before it ends, to ask the court to clear their criminal record. If granted, the person can change their plea to 'not guilty,' and the court dismisses the charges, releasing them from most consequences of the conviction.

However, this doesn't restore gun rights, allow holding public office if banned, or remove protective orders. It doesn't apply to certain severe crimes or vehicle offense convictions unless the court decides otherwise. Unpaid restitution does not disqualify someone from seeking this relief. The prosecutor must be notified and has a chance to contest, but if they don't show up, they cannot appeal the decision. Finally, the Governor can pardon severe sexual crimes in extraordinary situations.

(a)Copy CA Penal Law Code § 1203.4(a)
(1)Copy CA Penal Law Code § 1203.4(a)(1) When a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interest of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if they are not then serving a sentence for an offense, on probation for an offense, or charged with the commission of an offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code. The probationer shall be informed, in their probation papers, of this right and privilege and the right, if any, to petition for a certificate of rehabilitation and pardon. The probationer may make the application and change of plea in person or by attorney, or by the probation officer authorized in writing. However, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the accusation or information dismissed. The order shall state, and the probationer shall be informed, that the order does not relieve them of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery Commission.
(2)CA Penal Law Code § 1203.4(a)(2) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have custody or control of a firearm or to prevent conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3)CA Penal Law Code § 1203.4(a)(3) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(4)CA Penal Law Code § 1203.4(a)(4) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of an unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(5)CA Penal Law Code § 1203.4(a)(5) This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970.
(b)CA Penal Law Code § 1203.4(b) Subdivision (a) of this section does not apply to a misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or a felony conviction pursuant to subdivision (d) of Section 261.5, or to an infraction.
(c)Copy CA Penal Law Code § 1203.4(c)
(1)Copy CA Penal Law Code § 1203.4(c)(1) Except as provided in paragraph (2), subdivision (a) does not apply to a person who receives a notice to appear or is otherwise charged with a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810 of the Vehicle Code.
(2)CA Penal Law Code § 1203.4(c)(2) If a defendant who was convicted of a violation listed in paragraph (1) petitions the court, the court in its discretion and in the interest of justice, may order the relief provided pursuant to subdivision (a) to that defendant.
(3)Copy CA Penal Law Code § 1203.4(c)(3)
(A)Copy CA Penal Law Code § 1203.4(c)(3)(A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.
(B)CA Penal Law Code § 1203.4(c)(3)(A)(B) An unfulfilled order of restitution or a restitution fine shall not be grounds for finding that a defendant did not fulfil the condition of probation for the entire period of probation.
(C)CA Penal Law Code § 1203.4(c)(3)(A)(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(d)Copy CA Penal Law Code § 1203.4(d)
(1)Copy CA Penal Law Code § 1203.4(d)(1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.
(2)CA Penal Law Code § 1203.4(d)(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(e)CA Penal Law Code § 1203.4(e) If, after receiving notice pursuant to subdivision (d), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.
(f)CA Penal Law Code § 1203.4(f) Notwithstanding the above provisions or any other law, the Governor shall have the right to pardon a person convicted of a violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 287 or of former Section 288a, Section 288.5, or subdivision (j) of Section 289, if there are extraordinary circumstances.

Section § 1203.4

Explanation

If you've been convicted of a misdemeanor or an infraction in California, you might be able to clear your record. If it's been over a year since your conviction, you've completed your sentence, aren't facing new charges, and have been law-abiding since, you can ask the court to drop your guilty plea and dismiss the case completely, freeing you from penalties tied to the conviction.

However, this won't allow you to own firearms or hold public office if those were restricted due to the conviction. The law covers past and present convictions but excludes certain serious misdemeanors and driving-related infractions. Even if you haven't paid restitution, it shouldn't automatically disqualify you from this process. For infractions, you'll need to file a written request, and the prosecutor must be notified.

(a)CA Penal Law Code § 1203.4(a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of one year from the date of pronouncement of judgment, if they have fully complied with and performed the sentence of the court, are not then serving a sentence for an offense and are not under charge of commission of a crime, and have, since the pronouncement of judgment, lived an honest and upright life and have conformed to and obeyed the laws of the land, be permitted by the court to withdraw their plea of guilty or nolo contendere and enter a plea of not guilty; or if they have been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall dismiss the accusatory pleading against the defendant, who shall be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 13555 of the Vehicle Code.
(b)CA Penal Law Code § 1203.4(b) If a defendant does not satisfy all the requirements of subdivision (a), after a lapse of one year from the date of pronouncement of judgment, a court, in its discretion and in the interest of justice, may grant the relief available pursuant to subdivision (a) to a defendant convicted of an infraction, or of a misdemeanor and not granted probation, or both, if the defendant has fully complied with and performed the sentence of the court, is not then serving a sentence for any offense, and is not under charge of commission of a crime.
(c)Copy CA Penal Law Code § 1203.4(c)
(1)Copy CA Penal Law Code § 1203.4(c)(1) The defendant shall be informed of the provisions of this section, either orally or in writing, at the time they are sentenced. The defendant may make an application and change of plea in person or by attorney, or by the probation officer authorized in writing, provided that, in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if relief had not been granted pursuant to this section.
(2)CA Penal Law Code § 1203.4(c)(2) Dismissal of an accusatory pleading pursuant to this section does not permit a person to own, possess, or have in their custody or control a firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3)CA Penal Law Code § 1203.4(c)(3) Dismissal of an accusatory pleading underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(4)CA Penal Law Code § 1203.4(c)(4) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of an unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(d)CA Penal Law Code § 1203.4(d)  This section applies to a conviction specified in subdivision (a) or (b) that occurred before, as well as those occurring after, the effective date of this section, except that this section does not apply to the following:
(1)CA Penal Law Code § 1203.4(d)(1) A misdemeanor violation of subdivision (c) of Section 288.
(2)CA Penal Law Code § 1203.4(d)(2) A misdemeanor falling within the provisions of Section 42002.1 of the Vehicle Code.
(3)CA Penal Law Code § 1203.4(d)(3) An infraction falling within the provisions of Section 42001 of the Vehicle Code.
(e)Copy CA Penal Law Code § 1203.4(e)
(1)Copy CA Penal Law Code § 1203.4(e)(1) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.
(2)CA Penal Law Code § 1203.4(e)(2) An unfulfilled order of restitution or a restitution fine shall not be grounds for finding that a defendant did not fully comply with and perform the sentence of the court or a finding that a defendant has not lived an honest and upright life and has not conformed to and obeyed the laws of the land.
(3)CA Penal Law Code § 1203.4(e)(3) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(f)CA Penal Law Code § 1203.4(f) A petition for dismissal of an infraction pursuant to this section shall be by written declaration, except upon a showing of compelling need. Dismissal of an infraction shall not be granted under this section unless the prosecuting attorney has been given at least 15 days’ notice of the petition for dismissal. It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(g)CA Penal Law Code § 1203.4(g) Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.

Section § 1203.4

Explanation

In California, if someone participated successfully in certain fire-related programs while incarcerated and has been released, they might be eligible to have their criminal record cleared. This does not apply if they committed serious offenses like murder, kidnapping, or arson. Those eligible can petition the court, which can decide to clear their record if it's in the interest of justice. The process doesn’t require them to finish probation or parole, and if granted, the conviction won’t need to be disclosed on most state applications. However, this relief comes with conditions, like not allowing firearm possession or holding public office. The prosecuting attorney gets 15 days to object to the petition.

(a)Copy CA Penal Law Code § 1203.4(a)
(1)Copy CA Penal Law Code § 1203.4(a)(1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, as determined by the Secretary of the Department of Corrections and Rehabilitation, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, or successfully participated at an institutional firehouse, as determined by the Secretary of the Department of Corrections and Rehabilitation, and has been released from custody, the defendant is eligible for relief pursuant to this section, except that incarcerated individuals who have been convicted of any of the following crimes are automatically ineligible for relief pursuant to this section:
(A)CA Penal Law Code § 1203.4(a)(1)(A) Murder.
(B)CA Penal Law Code § 1203.4(a)(1)(B) Kidnapping.
(C)CA Penal Law Code § 1203.4(a)(1)(C) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(D)CA Penal Law Code § 1203.4(a)(1)(D) Lewd acts on a child under 14 years of age, as defined in Section 288.
(E)CA Penal Law Code § 1203.4(a)(1)(E) Any felony punishable by death or imprisonment in the state prison for life.
(F)CA Penal Law Code § 1203.4(a)(1)(F) Any sex offense requiring registration pursuant to Section 290.
(G)CA Penal Law Code § 1203.4(a)(1)(G) Escape from a secure perimeter within the previous 10 years.
(H)CA Penal Law Code § 1203.4(a)(1)(H) Arson.
(2)CA Penal Law Code § 1203.4(a)(2) Any denial of relief pursuant to this section shall be without prejudice.
(3)CA Penal Law Code § 1203.4(a)(3) For purposes of this subdivision, successful participation in a conservation camp program or a program at an institutional firehouse and successful participation as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, means the incarcerated individual adequately performed their duties without any conduct that warranted removal from the program.
(b)Copy CA Penal Law Code § 1203.4(b)
(1)Copy CA Penal Law Code § 1203.4(b)(1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. The court shall provide a copy of the petition to the secretary, or, in the case of a county incarcerated individual hand crew member, the appropriate county authority.
(2)CA Penal Law Code § 1203.4(b)(2) If the secretary or appropriate county authority certifies to the court that the defendant successfully participated in the incarcerated individual conservation camp program, or institutional firehouse, or successfully participated as a member of a county incarcerated individual hand crew, as determined by the appropriate county authority, as specified in subdivision (a), and has been released from custody, the court, in its discretion and in the interests of justice, may issue an order pursuant to subdivision (c).
(3)CA Penal Law Code § 1203.4(b)(3) To be eligible for relief pursuant to this section, the defendant is not required to complete the term of their probation, parole, or supervised release. Notwithstanding any other law, the court, in providing relief pursuant to this section, shall order early termination of probation, parole, or supervised release if the court determines that the defendant has not violated any terms or conditions of probation, parole, or supervised release prior to, and during the pendency of, the petition for relief pursuant to this section.
(4)CA Penal Law Code § 1203.4(b)(4) All convictions for which the defendant is serving a sentence at the time the defendant successfully participates in a program as specified in subdivision (a) are subject to relief pursuant to this section, except that a defendant convicted of any offense listed in subparagraphs (A) to (H), inclusive, of paragraph (1) of subdivision (a) is ineligible for relief pursuant to this section.
(5)Copy CA Penal Law Code § 1203.4(b)(5)
(A)Copy CA Penal Law Code § 1203.4(b)(5)(A) A defendant who is granted an order pursuant to this section shall not be required to disclose the conviction on an application for licensure by any state or local agency.
(B)CA Penal Law Code § 1203.4(b)(5)(A)(B) This paragraph does not apply to an application for licensure by the Commission on Teacher Credentialing, a position as a peace officer, public office, or for contracting with the California State Lottery Commission.
(c)Copy CA Penal Law Code § 1203.4(c)
(1)Copy CA Penal Law Code § 1203.4(c)(1) If the requirements of this section are met, the court, in its discretion and in the interest of justice, may permit the defendant to withdraw the plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which the defendant has been convicted, except as provided in Section 13555 of the Vehicle Code.
(2)CA Penal Law Code § 1203.4(c)(2) The relief available pursuant to this section shall not be granted if the defendant is currently charged with the commission of any other offense.
(3)CA Penal Law Code § 1203.4(c)(3) The defendant may make the application and change of plea in person or by attorney.
(4)Copy CA Penal Law Code § 1203.4(c)(4)
(A)Copy CA Penal Law Code § 1203.4(c)(4)(A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.
(B)CA Penal Law Code § 1203.4(c)(4)(A)(B) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not successfully participate in the California Conservation Camp program as an incarcerated individual hand crew member or at an institutional firehouse, or that the defendant did not successfully participate as a member of a county incarcerated individual hand crew.
(C)CA Penal Law Code § 1203.4(c)(4)(A)(C) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(d)CA Penal Law Code § 1203.4(d) Relief granted pursuant to this section is subject to the following conditions:
(1)CA Penal Law Code § 1203.4(d)(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.
(2)CA Penal Law Code § 1203.4(d)(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for licensure by the Commission on Teacher Credentialing, a peace officer, public office, or for contracting with the California State Lottery Commission.
(3)CA Penal Law Code § 1203.4(d)(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in the person’s custody or control any firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(4)CA Penal Law Code § 1203.4(d)(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(5)CA Penal Law Code § 1203.4(d)(5) Dismissal of an accusation or information pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(e)Copy CA Penal Law Code § 1203.4(e)
(1)Copy CA Penal Law Code § 1203.4(e)(1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief.
(2)CA Penal Law Code § 1203.4(e)(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(f)CA Penal Law Code § 1203.4(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.

Section § 1203.05

Explanation

This law outlines who can inspect or copy a probation officer's report. Generally, anyone can do so for up to 60 days after judgment or probation is granted. After that, a court order or specific legal authorization is required. The public can access reports if the court decides to open them. The district attorney and the person the report is about can access it at any time.

Any report of the probation officer filed with the court, including any report arising out of a previous arrest of the person who is the subject of the report, may be inspected or copied only as follows:
(a)CA Penal Law Code § 1203.05(a) By any person, from the date judgment is pronounced or probation granted or, in the case of a report arising out of a previous arrest, from the date the subsequent accusatory pleading is filed, to and including 60 days from the date judgment is pronounced or probation is granted, whichever is earlier.
(b)CA Penal Law Code § 1203.05(b) By any person, at any time, by order of the court, upon filing a petition therefor by the person.
(c)CA Penal Law Code § 1203.05(c) By the general public, if the court upon its own motion orders that a report or reports shall be open or that the contents of the report or reports shall be disclosed.
(d)CA Penal Law Code § 1203.05(d) By any person authorized or required by law to inspect or receive copies of the report.
(e)CA Penal Law Code § 1203.05(e) By the district attorney of the county at any time.
(f)CA Penal Law Code § 1203.05(f) By the subject of the report at any time.

Section § 1203.5

Explanation

This law explains that in most places in California, the same probation officers who handle adult cases also handle juvenile cases, unless a specific local government has set up a separate office for adult probation officers. If that's the case, these officers will only deal with adult cases and not juvenile ones.

The chief probation officers, assistant probation officers, and deputy probation officers appointed in accordance with Chapter 16 (commencing with Section 27770) of Part 3 of Division 2 of Title 3 of the Government Code shall be ex officio adult chief probation officers, assistant adult probation officers, and deputy adult probation officers except in any county or city and county whose charter provides for the separate office of adult probation officer. When the separate office of adult probation officer has been established he or she shall perform all the duties of probation officers except for matters under the jurisdiction of the juvenile court.

Section § 1203.06

Explanation

If someone personally uses a gun while committing or trying to commit serious crimes like murder, robbery, kidnapping, or certain sexual offenses, they can't get probation or have their sentence suspended. This also applies if they've been involved in another serious felony and had a gun, whether used or just carrying it. The specific crimes include those like torture, carjacking, and aggravated sexual assault of a child. Any facts that make someone ineligible for probation must be clearly stated in the charges and admitted by the accused or confirmed in court. "Armed with a firearm" means having or using a gun knowingly during the crime, and "used a firearm" includes actions like showing it threateningly or firing it.

(a)CA Penal Law Code § 1203.06(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within this section be stricken pursuant to Section 1385 for, any of the following persons:
(1)CA Penal Law Code § 1203.06(a)(1) A person who personally used a firearm during the commission or attempted commission of any of the following crimes:
(A)CA Penal Law Code § 1203.06(a)(1)(A) Murder.
(B)CA Penal Law Code § 1203.06(a)(1)(B) Robbery, in violation of Section 211.
(C)CA Penal Law Code § 1203.06(a)(1)(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D)CA Penal Law Code § 1203.06(a)(1)(D) Lewd or lascivious act, in violation of Section 288.
(E)CA Penal Law Code § 1203.06(a)(1)(E) Burglary of the first degree, as defined in Section 460.
(F)CA Penal Law Code § 1203.06(a)(1)(F) Rape, in violation of Section 261, 264.1, or former Section 262.
(G)CA Penal Law Code § 1203.06(a)(1)(G) Assault with intent to commit a specified sexual offense, in violation of Section 220.
(H)CA Penal Law Code § 1203.06(a)(1)(H) Escape, in violation of Section 4530 or 4532.
(I)CA Penal Law Code § 1203.06(a)(1)(I) Carjacking, in violation of Section 215.
(J)CA Penal Law Code § 1203.06(a)(1)(J) Aggravated mayhem, in violation of Section 205.
(K)CA Penal Law Code § 1203.06(a)(1)(K) Torture, in violation of Section 206.
(L)CA Penal Law Code § 1203.06(a)(1)(L) Continuous sexual abuse of a child, in violation of Section 288.5.
(M)CA Penal Law Code § 1203.06(a)(1)(M) A felony violation of Section 136.1 or 137.
(N)CA Penal Law Code § 1203.06(a)(1)(N) Sodomy, in violation of Section 286.
(O)CA Penal Law Code § 1203.06(a)(1)(O) Oral copulation, in violation of Section 287 or former Section 288a.
(P)CA Penal Law Code § 1203.06(a)(1)(P) Sexual penetration, in violation of Section 289 or 264.1.
(Q)CA Penal Law Code § 1203.06(a)(1)(Q) Aggravated sexual assault of a child, in violation of Section 269.
(2)CA Penal Law Code § 1203.06(a)(2) A person previously convicted of a felony specified in paragraph (1), or assault with intent to commit murder under former Section 217, who is convicted of a subsequent felony and who was personally armed with a firearm at any time during its commission or attempted commission or was unlawfully armed with a firearm at the time of arrest for the subsequent felony.
(3)CA Penal Law Code § 1203.06(a)(3) Aggravated arson, in violation of Section 451.5.
(b)CA Penal Law Code § 1203.06(b) The existence of any fact that would make a person ineligible for probation under subdivision (a) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court or found to be true by the trier of fact.
(c)CA Penal Law Code § 1203.06(c) For purposes of this section, the following definitions apply:
(1)CA Penal Law Code § 1203.06(c)(1) “Armed with a firearm” means to knowingly carry or have available for use a firearm as a means of offense or defense.
(2)CA Penal Law Code § 1203.06(c)(2) “Used a firearm” means to display a firearm in a menacing manner, to intentionally fire it, to intentionally strike or hit a human being with it, or to use it in any manner that qualifies under Section 12022.5.

Section § 1203.07

Explanation

This law states that people convicted of using or persuading minors to help with certain drug crimes can't get probation or a suspended sentence, except in rare cases where it's in the interest of justice. It specifically targets crimes involving minors acting as agents to manufacture or sell particular controlled substances or participating in violations related to phencyclidine, a dangerous drug. If a fact makes someone ineligible for probation, it must be clearly stated in their charge and proven or admitted in court. In very unusual situations, the court can grant probation, but must explain the decision in detail on the record.

(a)CA Penal Law Code § 1203.07(a) Notwithstanding Section 1203 and except as provided in subdivision (c), probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, either of the following:
(1)CA Penal Law Code § 1203.07(a)(1) A person who is convicted of violating Section 11380 of the Health and Safety Code by using, soliciting, inducing, encouraging, or intimidating a minor to act as an agent to manufacture, compound, or sell a controlled substance specified in subdivision (d) of Section 11054 of the Health and Safety Code, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), or specified in subdivision (d), (e), or (f) of Section 11055 of the Health and Safety Code, except paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of paragraph (2) of subdivision (f) of Section 11055 of the Health and Safety Code.
(2)CA Penal Law Code § 1203.07(a)(2) A person who is convicted of violating Section 11380 of the Health and Safety Code by using a minor as an agent or who solicits, induces, encourages, or intimidates a minor with the intent that the minor shall violate the provisions of Section 11378.5, 11379.5, or 11379.6 of the Health and Safety Code insofar as the violation relates to phencyclidine or any of its analogs or precursors.
(b)CA Penal Law Code § 1203.07(b) The existence of a fact that would make a person ineligible for probation under subdivision (a) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(c)CA Penal Law Code § 1203.07(c) A person who is made ineligible for probation pursuant to this section may be granted probation only in an unusual case where the interests of justice would best be served. When probation is granted pursuant to this subdivision, the court shall specify on the record and shall enter into the minutes the circumstances supporting the finding.

Section § 1203.7

Explanation

This law outlines the responsibilities of the probation officer when a person over 16 is arrested or found guilty of a crime. The officer must investigate the person’s background and report their recommendation for or against probation to the court. If the person is on probation, the officer keeps detailed records about the individual’s background and behavior, which are part of the court records and can be reviewed by certain officials. Five years after probation ends, the officer can destroy these records. Additionally, the officer must provide the probationer a written list of probation terms and report any violations to the court.

(a)CA Penal Law Code § 1203.7(a) Either at the time of the arrest for a crime of any person over 16 years of age, or at the time of the plea or verdict of guilty, the probation officer of the county of the jurisdiction of the crime shall, when so directed by the court, inquire into the antecedents, character, history, family environment and offense of that person. The probation officer shall report that information to the court and file a written report in the records of the court. The report shall contain his or her recommendation for or against the release of the person on probation.
(b)CA Penal Law Code § 1203.7(b) If that person is released on probation and committed to the care of the probation officer, the officer shall keep a complete and accurate record of the history of the case in court and of the name of the probation officer, and his or her acts in connection with the case. This information shall include the age, sex, nativity, residence, education, habits of temperance, marital status, and the conduct, employment, occupation, parents’ occupation, and the condition of the person committed to his or her care during the term of probation, and the result of probation. This record shall constitute a part of the records of the court and shall at all times be open to the inspection of the court or any person appointed by the court for that purpose, as well as of all magistrates and the chief of police or other head of the police, unless otherwise ordered by the court.
(c)CA Penal Law Code § 1203.7(c) Five years after termination of probation in any case subject to this section, the probation officer may destroy any records and papers in his or her possession relating to the case.
(d)CA Penal Law Code § 1203.7(d) The probation officer shall furnish to each person released on probation and committed to his or her care, a written statement of the terms and conditions of probation, and shall report to the court or judge appointing him or her, any violation or breach of the terms and conditions imposed by the court on the person placed in his or her care.

Section § 1203.08

Explanation
If you're an adult convicted of a serious crime twice within ten years, you can't get probation, and your sentence can't be paused. This rule applies if all these crimes happened in California or would count as serious felonies here. The ten-year clock stops while you're in prison. The facts that make you ineligible for probation must be proven in court. Hefty felonies include crimes like homicide, kidnapping, robbery, and certain assaults. Invalid prior convictions or not proven facts can change this rule.
(a)CA Penal Law Code § 1203.08(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, an adult person convicted of a designated felony who has been previously convicted as an adult under charges separately brought and tried two or more times of any designated felony or in any other place of a public offense which, if committed in this state, would have been punishable as a designated felony, if all the convictions occurred within a 10-year period. The 10-year period shall be calculated exclusive of any period of time during which the person has been confined in a state or federal prison.
(b)Copy CA Penal Law Code § 1203.08(b)
(1)Copy CA Penal Law Code § 1203.08(b)(1) The existence of any fact that would make a person ineligible for probation under subdivision (a) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(2)CA Penal Law Code § 1203.08(b)(2) Except where the existence of the fact was not admitted or found to be true pursuant to paragraph (1), or the court finds that a prior conviction was invalid, the court shall not strike or dismiss any prior convictions alleged in the information or indictment.
(3)CA Penal Law Code § 1203.08(b)(3) This subdivision does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.
(c)CA Penal Law Code § 1203.08(c) As used in this section, “designated felony” means any felony specified in Section 187, 192, 207, 209, 209.5, 211, 215, 217, 245, 288, or paragraph (2), (6), or (7) of subdivision (a) of Section 261, paragraph (1), (4), or (5) of subdivision (a) of former Section 262, subdivision (a) of Section 460, or when great bodily injury occurs in perpetration of an assault to commit robbery, mayhem, or rape, as defined in Section 220.

Section § 1203.8

Explanation

This law allows counties in California to create a plan to help nonviolent felony offenders successfully reenter society after being released from prison. The plan must be made with input from local judicial and legal authorities and approved by the county board of supervisors.

If a report suggests sending someone to state prison, it should detail the offender's needs in areas like treatment, education, and job skills. Any prison sentence should also include recommendations for programs to help address these needs while the person is incarcerated.

Up to three counties can work with the Department of Corrections and Rehabilitation to carry out this plan and to secure funding for necessary assessments by probation departments. The Department should try to provide the programs recommended by the court to the offender.

(a)CA Penal Law Code § 1203.8(a) A county may develop a multiagency plan to prepare and enhance nonviolent felony offenders’ successful reentry into the community. The plan shall be developed by, and have the concurrence of, the presiding judge, the chief probation officer, the district attorney, the local custodial agency, and the public defender, or their designees, and shall be submitted to the board of supervisors for its approval. The plan shall provide that when a report prepared pursuant to Section 1203.10 recommends a state prison commitment, the report shall also include, but not be limited to, the offender’s treatment, literacy, and vocational needs. Any sentence imposed pursuant to this section shall include a recommendation for completion while in state prison, all relevant programs to address those needs identified in the assessment.
(b)CA Penal Law Code § 1203.8(b) The Department of Corrections and Rehabilitation is authorized to enter into an agreement with up to three counties to implement subdivision (a) and to provide funding for the purpose of the probation department carrying out the assessment. The Department of Corrections and Rehabilitation, to the extent feasible, shall provide to the offender all programs pursuant to the court’s recommendation.

Section § 1203.09

Explanation

This law states that if someone commits certain serious crimes, like murder or robbery, against elderly people (60 or older) or disabled individuals, they cannot be given probation or have their sentence delayed, especially if they cause severe physical harm.

The crimes include murder, robbery, kidnapping, first-degree burglary, rape, assault with intent to commit rape, carjacking, and some specific types of assault. For a person to be ineligible for probation, this must be clearly stated during court proceedings and either admitted by the accused or confirmed by a jury or judge.

The law emphasizes that inflicting 'great bodily injury' is a crucial factor and references its definition in another legal section. Exceptionally, probation may only be considered if it serves justice, even when involving crimes like assault or battery with severe physical injuries.

(a)CA Penal Law Code § 1203.09(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who commits or attempts to commit one or more of the crimes listed in subdivision (b) against a person who is 60 years of age or older; or against a person who is blind, a paraplegic, a quadriplegic, or a person confined to a wheelchair and that disability is known or reasonably should be known to the person committing the crime; and who during the course of the offense inflicts great bodily injury upon the person.
(b)CA Penal Law Code § 1203.09(b) Subdivision (a) applies to the following crimes:
(1)CA Penal Law Code § 1203.09(b)(1) Murder.
(2)CA Penal Law Code § 1203.09(b)(2) Robbery, in violation of Section 211.
(3)CA Penal Law Code § 1203.09(b)(3) Kidnapping, in violation of Section 207.
(4)CA Penal Law Code § 1203.09(b)(4) Kidnapping, in violation of Section 209.
(5)CA Penal Law Code § 1203.09(b)(5) Burglary of the first degree, as defined in Section 460.
(6)CA Penal Law Code § 1203.09(b)(6) Rape by force or violence, in violation of paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(7)CA Penal Law Code § 1203.09(b)(7) Assault with intent to commit rape or sodomy, in violation of Section 220.
(8)CA Penal Law Code § 1203.09(b)(8) Carjacking, in violation of Section 215.
(9)CA Penal Law Code § 1203.09(b)(9) Kidnapping, in violation of Section 209.5.
(c)CA Penal Law Code § 1203.09(c) The existence of any fact that would make a person ineligible for probation under either subdivision (a) or (f) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(d)CA Penal Law Code § 1203.09(d) As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7.
(e)CA Penal Law Code § 1203.09(e) This section shall apply in all cases, including those cases where the infliction of great bodily injury is an element of the offense.
(f)CA Penal Law Code § 1203.09(f) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person convicted of having committed one or more of the following crimes against a person who is 60 years of age or older: assault with a deadly weapon or instrument, battery that results in physical injury that requires professional medical treatment, carjacking, robbery, or mayhem.

Section § 1203.9

Explanation

This law section explains how cases are transferred between counties when a person on probation or mandatory supervision moves to another county permanently. Generally, the original court must transfer the case unless it decides it's inappropriate. Both counties' courts can comment on the transfer, with priority given to resolving it quickly. If a victim restitution order is involved, the original court must usually determine the amount before transferring. The receiving county then has full jurisdiction over the case and assumes responsibility for supervising the person.

The transfer order includes payment obligations for fines and restitution, which must still be paid to the original court's collection program, unless the new court agrees to collect these payments and forward the funds. The Judicial Council sets rules to guide the transfer process and considerations like the permanence of the move, available local programs, and victim restitution. Additional guidelines relate to handling payments and ensuring accountability in collections.

(a)Copy CA Penal Law Code § 1203.9(a)
(1)Copy CA Penal Law Code § 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 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)CA Penal Law Code § 1203.9(a)(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)CA Penal Law Code § 1203.9(a)(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).
(4)CA Penal Law Code § 1203.9(a)(4) The receiving court shall send a receipt of records to the transferring court including the new case number, if any. The receipt of records shall be in a mutually agreed upon format.
(5)CA Penal Law Code § 1203.9(a)(5) Pursuant to Section 13151, the transferring court shall report to the Department of Justice that probation or mandatory supervision was transferred, once the receiving court accepts the transfer. A probation or mandatory supervision transfer report shall identify the receiving court and the new case number, if any.
(b)CA Penal Law Code § 1203.9(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)CA Penal Law Code § 1203.9(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. 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)Copy CA Penal Law Code § 1203.9(d)
(1)Copy CA Penal Law Code § 1203.9(d)(1) Notwithstanding subdivision (b) and except as provided in subdivision (e), if the transferring court has ordered the defendant to pay fines, 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)CA Penal Law Code § 1203.9(d)(2) The receiving court and receiving county probation department shall not impose additional local fees and costs.
(e)Copy CA Penal Law Code § 1203.9(e)
(1)Copy CA Penal Law Code § 1203.9(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.
(2)CA Penal Law Code § 1203.9(e)(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)CA Penal Law Code § 1203.9(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)CA Penal Law Code § 1203.9(f)(1) Permanency of residence of the person released on probation or mandatory supervision.
(2)CA Penal Law Code § 1203.9(f)(2) Local programs available for the person released on probation or mandatory supervision.
(3)CA Penal Law Code § 1203.9(f)(3) Restitution orders and victim issues.
(g)CA Penal Law Code § 1203.9(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).
(h)CA Penal Law Code § 1203.9(h) This section shall become operative on January 1, 2022.

Section § 1203.10

Explanation

When someone over 18 is found guilty, a county probation officer is tasked with investigating the person's background and character at the direction of the court. This includes their family, history, and the crime they committed. The officer then reports this information to the court and recommends whether or not the person should be released on probation. If probation is granted, the officer must keep detailed records of the person's life during probation, which are part of court records and can be inspected by authorized parties.

After probation ends, the officer can destroy all related records and papers five years later.

(a)CA Penal Law Code § 1203.10(a) At the time of the plea or verdict of guilty of any person over 18 years of age, a probation officer of the county of the jurisdiction of the criminal shall, when so directed by the court, inquire into the antecedents, character, history, family environment, and offense of such person, and must report the same to the court and file his or her report in writing in the records of such court. When directed, his or her report shall contain a recommendation for or against the release for the person on probation. If any such person shall be released on probation and committed to the supervision of a probation officer, such officer shall keep a complete and accurate record in suitable books of the history of the case and supervision, including the names of probation officers assigned to the case, and their actions in connection with the case; also the age, sex, nativity, residence, education, habit of temperance, whether married or single, and the conduct, employment and occupation, and parents’ occupation, if relevant, and condition of such person during the term of the probation and the result of the probation. The record of the probation officer is a part of the records of the court, and shall at all times be open to the inspection of the court or of any person appointed by, or allowed access by order of, the court for that purpose, as well as of all magistrates, and the chief of police, or other heads of the police, and other probation agencies, unless otherwise ordered by the court.
(b)CA Penal Law Code § 1203.10(b) Five years after termination of probation in any case subject to this section, the probation officer may destroy any records and papers in his or her possession relating to such case.

Section § 1203.11

Explanation
If someone is under the supervision of a probation or parole officer, and they come in for a scheduled meeting, the officer is allowed to deliver any legal documents related to a temporary restraining order or protective order against them during that appointment.
A probation or parole officer or parole agent of the Department of Corrections may serve any process regarding the issuance of a temporary restraining order or other protective order against a person committed to the care of the probation or parole officer or parole agent when the person appears for an appointment with the probation or parole officer or parole agent at their office.

Section § 1203.12

Explanation

When someone is put on probation, the probation officer must give them a written list of the rules they must follow, unless the court has already done so. If the person breaks any of these rules, the officer must inform the court or judge.

The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms and conditions of his probation unless such a statement has been furnished by the court, and shall report to the court, or judge, releasing such person on probation, any violation or breach of the terms and conditions imposed by such court on the person placed in his care.

Section § 1203.13

Explanation

This law allows probation officers in any county to set up or help set up public councils or committees aimed at preventing crime. They can work with these groups to tackle crime by improving things like recreation and health in the community.

The probation officer of any county may establish, or assist in the establishment of, any public council or committee having as its object the prevention of crime, and may cooperate with or participate in the work of any such councils or committees for the purpose of preventing or decreasing crime, including the improving of recreational, health, and other conditions in the community.

Section § 1203.14

Explanation

This law allows probation departments to help prevent adult delinquency by offering services to all adults in the community, not just those who are on probation. These services can be direct, like one-on-one counseling, or indirect, like community programs. Essentially, probation departments can support any adults to help reduce crime or prevent it from happening.

Notwithstanding any other provision of law, probation departments may engage in activities designed to prevent adult delinquency. These activities include rendering direct and indirect services to persons in the community. Probation departments shall not be limited to providing services only to those persons on probation being supervised under Section 1203.10, but may provide services to any adults in the community.

Section § 1203.016

Explanation

This law allows county boards of supervisors to let certain inmates join a home detention program instead of staying in jail. This can be voluntary or enforced. The program includes rules like staying home during set hours, allowing officers to visit, and using electronic monitoring. Participants must agree to follow these rules, and if they don't, they can be taken back into custody.

The correctional administrator, such as the sheriff, oversees the program, setting and enforcing the rules. They can also decide, at their discretion, who participates based on eligibility criteria. Courts may recommend individuals for the program, but the final decision rests with the correctional administrator.

Inmates in the program might be allowed to work, attend educational or counseling sessions, or get medical help, but they must return home on time. Failure to return is punishable under specific conditions. Private agencies can operate these programs under a contract with the county, and they must meet financial responsibility requirements to cover any liability risks. If they don’t fulfill these requirements, the contract can be canceled.

(a)CA Penal Law Code § 1203.016(a) Notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator, as defined in subdivision (g), to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in a county jail or other county correctional facility or program under the auspices of the probation officer.
(b)CA Penal Law Code § 1203.016(b) The board of supervisors, in consultation with the correctional administrator, may prescribe reasonable rules and regulations under which a home detention program may operate. As a condition of participation in the home detention program, the inmate shall give consent in writing to participate in the home detention program and shall in writing agree to comply or, for involuntary participation, the inmate shall be informed in writing that the inmate shall comply, with the rules and regulations of the program, including, but not limited to, the following rules:
(1)CA Penal Law Code § 1203.016(b)(1) The participant shall remain within the interior premises of the participant’s residence during the hours designated by the correctional administrator.
(2)CA Penal Law Code § 1203.016(b)(2) The participant shall admit any probation officer or other peace officer designated by the correctional administrator into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of the detention.
(3)CA Penal Law Code § 1203.016(b)(3) The participant shall agree to the use of electronic monitoring, which may include Global Positioning System devices or other supervising devices for the purpose of helping to verify compliance with the rules and regulations of the home detention program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant which is to be used solely for the purposes of voice identification.
(4)CA Penal Law Code § 1203.016(b)(4) The participant shall agree that the correctional administrator in charge of the county correctional facility from which the participant was released may, without further order of the court, immediately retake the person into custody to serve the balance of the person’s sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of home detention, if the person fails to remain within the place of home detention as stipulated in the agreement, or if the person for any other reason no longer meets the established criteria under this section. A copy of the agreement shall be delivered to the participant and a copy retained by the correctional administrator.
(c)CA Penal Law Code § 1203.016(c) If the peace officer supervising a participant has reasonable cause to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the correctional administrator, and without a warrant of arrest, retake the person into custody to complete the remainder of the original sentence.
(d)CA Penal Law Code § 1203.016(d) Nothing in this section shall be construed to require the correctional administrator to allow a person to participate in this program if it appears from the record that the person has not satisfactorily complied with reasonable rules and regulations while in custody. A person shall be eligible for participation in a home detention program only if the correctional administrator concludes that the person meets the criteria for release established under this section and that the person’s participation is consistent with any reasonable rules and regulations prescribed by the board of supervisors or the administrative policy of the correctional administrator.
(1)CA Penal Law Code § 1203.016(d)(1) The rules and regulations and administrative policy of the program shall be written and reviewed on an annual basis by the county board of supervisors and the correctional administrator. The rules and regulations shall be given to or made available to any participant upon request.
(2)CA Penal Law Code § 1203.016(d)(2) The correctional administrator, or the administrator’s designee, shall have the sole discretionary authority to permit program participation as an alternative to physical custody. All persons referred or recommended by the court to participate in the home detention program pursuant to subdivision (e) who are denied participation or all persons removed from program participation shall be notified in writing of the specific reasons for the denial or removal. The notice of denial or removal shall include the participant’s appeal rights, as established by program administrative policy.
(e)CA Penal Law Code § 1203.016(e) The court may recommend or refer a person to the correctional administrator for consideration for placement in the home detention program. The recommendation or referral of the court shall be given great weight in the determination of acceptance or denial. At the time of sentencing or at any time that the court deems it necessary, the court may restrict or deny the defendant’s participation in a home detention program.
(f)CA Penal Law Code § 1203.016(f) The correctional administrator may permit home detention program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, or seek medical and dental assistance. Willful failure of the program participant to return to the place of home detention not later than the expiration of any period of time during which the participant is authorized to be away from the place of home detention pursuant to this section and unauthorized departures from the place of home detention are punishable as provided in Section 4532.
(g)CA Penal Law Code § 1203.016(g) As used in this section, “correctional administrator” means the sheriff, probation officer, or director of the county department of corrections.
(h)CA Penal Law Code § 1203.016(h) Notwithstanding any other law, the police department of a city where an office is located to which persons on an electronic monitoring program report may request the county correctional administrator to provide information concerning those persons. This information shall be limited to the name, address, date of birth, offense committed by the home detainee, and if available, at the discretion of the supervising agency and solely for investigatory purposes, current and historical GPS coordinates of the home detainee. A law enforcement department that does not have the primary responsibility to supervise participants in the electronic monitoring program that receives information pursuant to this subdivision shall not use the information to conduct enforcement actions based on administrative violations of the home detention program. A law enforcement department that has knowledge that the subject in a criminal investigation is a participant in an electronic monitoring program shall make reasonable efforts to notify the supervising agency prior to serving a warrant or taking any law enforcement action against a participant in an electronic monitoring program.
(i)CA Penal Law Code § 1203.016(i) It is the intent of the Legislature that home detention programs established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply:
(1)CA Penal Law Code § 1203.016(i)(1) The correctional administrator, with the approval of the board of supervisors, may administer a home detention program pursuant to written contracts with appropriate public or private agencies or entities to provide specified program services. No public or private agency or entity may operate a home detention program in any county without a written contract with that county’s correctional administrator. However, this does not apply to the use of electronic monitoring by the Department of Corrections and Rehabilitation. No public or private agency or entity entering into a contract may itself employ any person who is in the home detention program.
(2)CA Penal Law Code § 1203.016(i)(2) Program acceptance shall not circumvent the normal booking process for sentenced offenders. All home detention program participants shall be supervised.
(3)Copy CA Penal Law Code § 1203.016(i)(3)
(A)Copy CA Penal Law Code § 1203.016(i)(3)(A) All privately operated home detention programs shall be under the jurisdiction of, and subject to the terms and conditions of the contract entered into with, the correctional administrator.
(B)CA Penal Law Code § 1203.016(i)(3)(A)(B) Each contract shall include, but not be limited to, all of the following:
(i)CA Penal Law Code § 1203.016(i)(3)(A)(B)(i) A provision whereby the private agency or entity agrees to operate in compliance with any available standards promulgated by state correctional agencies and bodies, including the Corrections Standards Authority, and all statutory provisions and mandates, state and county, as appropriate and applicable to the operation of home detention programs and the supervision of sentenced offenders in a home detention program.
(ii)CA Penal Law Code § 1203.016(i)(3)(A)(B)(ii) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity.
(iii)CA Penal Law Code § 1203.016(i)(3)(A)(B)(iii) A provision that requires the private agency or entity to demonstrate evidence of financial responsibility, submitted and approved by the board of supervisors, in amounts and under conditions sufficient to fully indemnify the county for reasonably foreseeable public liability, including legal defense costs, that may arise from, or be proximately caused by, acts or omissions of the contractor. The contract shall provide for annual review by the correctional administrator to ensure compliance with requirements set by the board of supervisors and for adjustment of the financial responsibility requirements if warranted by caseload changes or other factors.
(iv)CA Penal Law Code § 1203.016(i)(3)(A)(B)(iv) A provision that requires the private agency or entity to provide evidence of financial responsibility, such as certificates of insurance or copies of insurance policies, prior to commencing any operations pursuant to the contract or at any time requested by the board of supervisors or correctional administrator.
(v)CA Penal Law Code § 1203.016(i)(3)(A)(B)(v) A provision that permits the correctional administrator to immediately terminate the contract with a private agency or entity at any time that the contractor fails to demonstrate evidence of financial responsibility.
(C)CA Penal Law Code § 1203.016(i)(3)(A)(C) All privately operated home detention programs shall comply with all appropriate, applicable ordinances and regulations specified in subdivision (a) of Section 1208.
(D)CA Penal Law Code § 1203.016(i)(3)(A)(D) The board of supervisors, the correctional administrator, and the designee of the correctional administrator shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section.
(E)CA Penal Law Code § 1203.016(i)(3)(A)(E) The failure of the private agency or entity to comply with statutory provisions and requirements or with the standards established by the contract and with the correctional administrator may be sufficient cause to terminate the contract.
(F)CA Penal Law Code § 1203.016(i)(3)(A)(F) Upon the discovery that a private agency or entity with whom there is a contract is not in compliance pursuant to this paragraph, the correctional administrator shall give 60 days’ notice to the director of the private agency or entity that the contract may be canceled if the specified deficiencies are not corrected.
(G)CA Penal Law Code § 1203.016(i)(3)(A)(G) Shorter notice may be given or the contract may be canceled without notice whenever a serious threat to public safety is present because the private agency or entity has failed to comply with this section.
(j)CA Penal Law Code § 1203.016(j) For purposes of this section, “evidence of financial responsibility” may include, but is not limited to, certified copies of any of the following:
(1)CA Penal Law Code § 1203.016(j)(1) A current liability insurance policy.
(2)CA Penal Law Code § 1203.016(j)(2) A current errors and omissions insurance policy.
(3)CA Penal Law Code § 1203.016(j)(3) A surety bond.
(k)CA Penal Law Code § 1203.016(k) This section shall become operative on July 1, 2021.

Section § 1203.017

Explanation

This law allows counties to release misdemeanor inmates from jail early if there's not enough space, by placing them in an involuntary home detention program with electronic monitoring instead. The program is carefully controlled, with rules set by the county's board of supervisors, and involves participants staying at home during designated hours under supervision. Inmates are given sentence reduction credits as if they were still in jail, and they can engage in work or education when authorized. Responsible authorities have the power to retake non-compliant inmates. Additionally, the administration of such a program can be contracted out, but only under strict conditions ensuring public safety and legal compliance. Importantly, participants should not bear the costs of the program.

(a)CA Penal Law Code § 1203.017(a) Notwithstanding any other provision of law, upon determination by the correctional administrator that conditions in a jail facility warrant the necessity of releasing sentenced misdemeanor inmates prior to them serving the full amount of a given sentence due to lack of jail space, the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may be required to participate in an involuntary home detention program, which shall include electronic monitoring, during their sentence in lieu of confinement in the county jail or other county correctional facility or program under the auspices of the probation officer. Under this program, one day of participation shall be in lieu of one day of incarceration. Participants in the program shall receive any sentence reduction credits that they would have received had they served their sentences in a county correctional facility.
(b)CA Penal Law Code § 1203.017(b) The board of supervisors may prescribe reasonable rules and regulations under which an involuntary home detention program may operate. The inmate shall be informed in writing that they shall comply with the rules and regulations of the program, including, but not limited to, the following rules:
(1)CA Penal Law Code § 1203.017(b)(1) The participant shall remain within the interior premises of their residence during the hours designated by the correctional administrator.
(2)CA Penal Law Code § 1203.017(b)(2) The participant shall admit any probation officer or other peace officer designated by the correctional administrator into their residence at any time for purposes of verifying the participant’s compliance with the conditions of their detention.
(3)CA Penal Law Code § 1203.017(b)(3) The use of electronic monitoring may include global positioning system devices or other supervising devices for the purpose of helping to verify their compliance with the rules and regulations of the home detention program. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant which is to be used solely for the purposes of voice identification.
(4)CA Penal Law Code § 1203.017(b)(4) The correctional administrator in charge of the county correctional facility from which the participant was released may, without further order of the court, immediately retake the person into custody to serve the balance of their sentence if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of home detention, if the person fails to remain within the place of home detention as stipulated in the agreement, or if the person for any other reason no longer meets the established criteria under this section.
(c)CA Penal Law Code § 1203.017(c) Whenever the peace officer supervising a participant has reasonable cause to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the correctional administrator, and without a warrant of arrest, retake the person into custody to complete the remainder of the original sentence.
(d)CA Penal Law Code § 1203.017(d) Nothing in this section shall be construed to require the correctional administrator to allow a person to participate in this program if it appears from the record that the person has not satisfactorily complied with reasonable rules and regulations while in custody. A person shall be eligible for participation in a home detention program only if the correctional administrator concludes that the person meets the criteria for release established under this section and that the person’s participation is consistent with any reasonable rules and regulations prescribed by the board of supervisors or the administrative policy of the correctional administrator.
(1)CA Penal Law Code § 1203.017(d)(1) The rules and regulations and administrative policy of the program shall be written and reviewed on an annual basis by the county board of supervisors and the correctional administrator. The rules and regulations shall be given to or made available to any participant upon request.
(2)CA Penal Law Code § 1203.017(d)(2) The correctional administrator, or their designee, shall have the sole discretionary authority to permit program participation as an alternative to physical custody. All persons referred or recommended by the court to participate in the home detention program pursuant to subdivision (e) who are denied participation or all persons removed from program participation shall be notified in writing of the specific reasons for the denial or removal. The notice of denial or removal shall include the participant’s appeal rights, as established by program administrative policy.
(e)CA Penal Law Code § 1203.017(e) The court may recommend or refer a person to the correctional administrator for consideration for placement in the home detention program. The recommendation or referral of the court shall be given great weight in the determination of acceptance or denial. At the time of sentencing or at any time that the court deems it necessary, the court may restrict or deny the defendant’s participation in a home detention program.
(f)CA Penal Law Code § 1203.017(f) The correctional administrator may permit home detention program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, or seek medical and dental assistance. Willful failure of the program participant to return to the place of home detention not later than the expiration of any period of time during which they are authorized to be away from the place of home detention pursuant to this section and unauthorized departures from the place of home detention are punishable as provided in Section 4532.
(g)CA Penal Law Code § 1203.017(g) As used in this section, “correctional administrator” means the sheriff, probation officer, or director of the county department of corrections.
(h)Copy CA Penal Law Code § 1203.017(h)
(1)Copy CA Penal Law Code § 1203.017(h)(1) Notwithstanding any other law, the correctional administrator shall provide the information specified in paragraph (2) regarding persons on involuntary home detention to the Corrections Standards Authority, and upon request, shall provide that information to the law enforcement agency of a city or unincorporated area where an office is located to which persons on involuntary home detention report.
(2)CA Penal Law Code § 1203.017(h)(2) The information required by paragraph (1) shall consist of the following:
(A)CA Penal Law Code § 1203.017(h)(2)(A) The participant’s name, address, and date of birth.
(B)CA Penal Law Code § 1203.017(h)(2)(B) The offense committed by the participant.
(C)CA Penal Law Code § 1203.017(h)(2)(C) The period of time the participant will be placed on home detention.
(D)CA Penal Law Code § 1203.017(h)(2)(D) Whether the participant successfully completed the prescribed period of home detention or was returned to a county correctional facility, and if the person was returned to a county correctional facility, the reason for that return.
(E)CA Penal Law Code § 1203.017(h)(2)(E) The gender and ethnicity of the participant.
(3)CA Penal Law Code § 1203.017(h)(3) Any information received by a police department pursuant to this subdivision shall be used only for the purpose of monitoring the impact of home detention programs on the community.
(i)CA Penal Law Code § 1203.017(i) It is the intent of the Legislature that home detention programs established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply:
(1)CA Penal Law Code § 1203.017(i)(1) The correctional administrator, with the approval of the board of supervisors, may administer a home detention program pursuant to written contracts with appropriate public or private agencies or entities to provide specified program services. No public or private agency or entity may operate a home detention program in any county without a written contract with that county’s correctional administrator. However, this does not apply to the use of electronic monitoring by the Department of Corrections and Rehabilitation as established in Section 3004. No public or private agency or entity entering into a contract may itself employ any person who is in the home detention program.
(2)CA Penal Law Code § 1203.017(i)(2) Program acceptance shall not circumvent the normal booking process for sentenced offenders. All home detention program participants shall be supervised.
(3)Copy CA Penal Law Code § 1203.017(i)(3)
(A)Copy CA Penal Law Code § 1203.017(i)(3)(A) All privately operated home detention programs shall be under the jurisdiction of, and subject to the terms and conditions of the contract entered into with, the correctional administrator.
(B)CA Penal Law Code § 1203.017(i)(3)(A)(B) Each contract shall include, but not be limited to, all of the following:
(i)CA Penal Law Code § 1203.017(i)(3)(A)(B)(i) A provision whereby the private agency or entity agrees to operate in compliance with any available standards promulgated by state correctional agencies and bodies, including the Corrections Standards Authority, and all statutory provisions and mandates, state and county, as appropriate and applicable to the operation of home detention programs and the supervision of sentenced offenders in a home detention program.
(ii)CA Penal Law Code § 1203.017(i)(3)(A)(B)(ii) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity.
(iii)CA Penal Law Code § 1203.017(i)(3)(A)(B)(iii) A provision that requires the private agency or entity to demonstrate evidence of financial responsibility, submitted and approved by the board of supervisors, in amounts and under conditions sufficient to fully indemnify the county for reasonably foreseeable public liability, including legal defense costs, that may arise from, or be proximately caused by, acts or omissions of the contractor. The contract shall provide for annual review by the correctional administrator to ensure compliance with requirements set by the board of supervisors and for adjustment of the financial responsibility requirements if warranted by caseload changes or other factors.
(iv)CA Penal Law Code § 1203.017(i)(3)(A)(B)(iv) A provision that requires the private agency or entity to provide evidence of financial responsibility, such as certificates of insurance or copies of insurance policies, prior to commencing any operations pursuant to the contract or at any time requested by the board of supervisors or correctional administrator.
(v)CA Penal Law Code § 1203.017(i)(3)(A)(B)(v) A provision that permits the correctional administrator to immediately terminate the contract with a private agency or entity at any time that the contractor fails to demonstrate evidence of financial responsibility.
(C)CA Penal Law Code § 1203.017(i)(3)(A)(C) All privately operated home detention programs shall comply with all appropriate, applicable ordinances and regulations specified in subdivision (a) of Section 1208.
(D)CA Penal Law Code § 1203.017(i)(3)(A)(D) The board of supervisors, the correctional administrator, and the designee of the correctional administrator shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section.
(E)CA Penal Law Code § 1203.017(i)(3)(A)(E) The failure of the private agency or entity to comply with statutory provisions and requirements or with the standards established by the contract and with the correctional administrator may be sufficient cause to terminate the contract.
(F)CA Penal Law Code § 1203.017(i)(3)(A)(F) Upon the discovery that a private agency or entity with whom there is a contract is not in compliance pursuant to this paragraph, the correctional administrator shall give 60 days’ notice to the director of the private agency or entity that the contract may be canceled if the specified deficiencies are not corrected.
(G)CA Penal Law Code § 1203.017(i)(3)(A)(G) Shorter notice may be given or the contract may be canceled without notice whenever a serious threat to public safety is present because the private agency or entity has failed to comply with this section.
(j)CA Penal Law Code § 1203.017(j) Inmates participating in this program shall not be charged fees or costs for the program.
(k)CA Penal Law Code § 1203.017(k) For purposes of this section, “evidence of financial responsibility” may include, but is not limited to, certified copies of any of the following:
(1)CA Penal Law Code § 1203.017(k)(1) A current liability insurance policy.
(2)CA Penal Law Code § 1203.017(k)(2) A current errors and omissions insurance policy.
(3)CA Penal Law Code § 1203.017(k)(3) A surety bond.

Section § 1203.018

Explanation

This law allows certain inmates who are being held in county jail awaiting trial because they can't make bail to participate in an electronic monitoring program instead of staying in jail. To qualify, inmates must have been detained for a specific period depending on the charges or be deemed suitable by the correctional administrator. The program involves staying home under certain conditions, like allowing officers to check on them and wearing monitoring devices. Participants must agree to these rules, and if they break them, they can be taken back into custody immediately.

The county's board of supervisors, sheriff, and district attorney can set guidelines for the program. Information about participants can be shared with law enforcement agencies, but there are restrictions on how it can be used. The law aims to ensure public confidence and safety in these programs, requiring compliance with specific regulations, especially for privately-run programs. Contracts with private entities must detail financial and operational responsibilities to protect the county from liabilities.

(a)CA Penal Law Code § 1203.018(a) Notwithstanding any other law, this section shall only apply to inmates being held in lieu of bail and on no other basis.
(b)CA Penal Law Code § 1203.018(b) Notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator, as defined in paragraph (1) of subdivision (j), to offer a program under which inmates being held in lieu of bail in a county jail or other county correctional facility may participate in an electronic monitoring program if the conditions specified in subdivision (c) are met.
(c)Copy CA Penal Law Code § 1203.018(c)
(1)Copy CA Penal Law Code § 1203.018(c)(1) In order to qualify for participation in an electronic monitoring program pursuant to this section, the inmate shall be an inmate with no holds or outstanding warrants to whom one of the following circumstances applies:
(A)CA Penal Law Code § 1203.018(c)(1)(A) The inmate has been held in custody for at least 30 calendar days from the date of arraignment pending disposition of only misdemeanor charges.
(B)CA Penal Law Code § 1203.018(c)(1)(B) The inmate has been held in custody pending disposition of charges for at least 60 calendar days from the date of arraignment.
(C)CA Penal Law Code § 1203.018(c)(1)(C) The inmate is appropriate for the program based on a determination by the correctional administrator that the inmate’s participation would be consistent with the public safety interests of the community.
(2)CA Penal Law Code § 1203.018(c)(2) All participants shall be subject to discretionary review for eligibility and compliance by the correctional administrator consistent with this section.
(d)CA Penal Law Code § 1203.018(d) The board of supervisors, after consulting with the sheriff and district attorney, may prescribe reasonable rules and regulations under which an electronic monitoring program pursuant to this section may operate. As a condition of participation in the electronic monitoring program, the participant shall give consent in writing to participate and shall agree in writing to comply with the rules and regulations of the program, including, but not limited to, all of the following:
(1)CA Penal Law Code § 1203.018(d)(1) The participant shall remain within the interior premises of the participant’s residence during the hours designated by the correctional administrator.
(2)CA Penal Law Code § 1203.018(d)(2) The participant shall admit any probation officer or other peace officer designated by the correctional administrator into the participant’s residence at any time for purposes of verifying the participant’s compliance with the conditions of the detention.
(3)CA Penal Law Code § 1203.018(d)(3) The electronic monitoring may include global positioning system devices or other supervising devices for the purpose of helping to verify the participant’s compliance with the rules and regulations of the electronic monitoring program. The electronic devices shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant to be used solely for the purposes of voice identification.
(4)CA Penal Law Code § 1203.018(d)(4) The correctional administrator in charge of the county correctional facility from which the participant was released may, without further order of the court, immediately retake the person into custody if the electronic monitoring or supervising devices are unable for any reason to properly perform their function at the designated place of home detention, if the person fails to remain within the place of home detention as stipulated in the agreement, or if the person for any other reason no longer meets the established criteria under this section.
(5)CA Penal Law Code § 1203.018(d)(5) A copy of the signed consent to participate and a copy of the agreement to comply with the rules and regulations shall be provided to the participant and a copy shall be retained by the correctional administrator.
(e)CA Penal Law Code § 1203.018(e) The rules and regulations and administrative policy of the program shall be reviewed on an annual basis by the county board of supervisors and the correctional administrator. The rules and regulations shall be given to every participant.
(f)CA Penal Law Code § 1203.018(f) Whenever the peace officer supervising a participant has reasonable cause to believe that the participant is not complying with the rules or conditions of the program, or that the electronic monitoring devices are unable to function properly in the designated place of confinement, the peace officer may, under general or specific authorization of the correctional administrator, and without a warrant of arrest, retake the person into custody.
(g)Copy CA Penal Law Code § 1203.018(g)
(1)Copy CA Penal Law Code § 1203.018(g)(1) Nothing in this section shall be construed to require the correctional administrator to allow a person to participate in this program if it appears from the record that the person has not satisfactorily complied with reasonable rules and regulations while in custody. A person shall be eligible for participation in an electronic monitoring program only if the correctional administrator concludes that the person meets the criteria for release established under this section and that the person’s participation is consistent with any reasonable rules and regulations prescribed by the board of supervisors or the administrative policy of the correctional administrator.
(2)CA Penal Law Code § 1203.018(g)(2) The correctional administrator, or the administrator’s designee, shall have discretionary authority consistent with this section to permit program participation as an alternative to physical custody. All persons approved by the correctional administrator to participate in the electronic monitoring program pursuant to subdivision (c) who are denied participation and all persons removed from program participation shall be notified in writing of the specific reasons for the denial or removal. The notice of denial or removal shall include the participant’s appeal rights, as established by program administrative policy.
(h)CA Penal Law Code § 1203.018(h) The correctional administrator may permit electronic monitoring program participants to seek and retain employment in the community, attend psychological counseling sessions or educational or vocational training classes, or seek medical and dental assistance.
(i)CA Penal Law Code § 1203.018(i) Willful failure of the program participant to return to the place of home detention prior to the expiration of any period of time during which the participant is authorized to be away from the place of home detention pursuant to this section and unauthorized departures from the place of home detention is punishable pursuant to Section 4532.
(j)CA Penal Law Code § 1203.018(j) For purposes of this section, the following terms have the following meanings:
(1)CA Penal Law Code § 1203.018(j)(1) “Correctional administrator” means the sheriff, probation officer, or director of the county department of corrections.
(2)CA Penal Law Code § 1203.018(j)(2) “Electronic monitoring program” includes, but is not limited to, home detention programs, work furlough programs, and work release programs.
(k)CA Penal Law Code § 1203.018(k) Notwithstanding any other law, upon request of a local law enforcement agency with jurisdiction over the location where a participant in an electronic monitoring program is placed, the correctional administrator shall provide the following information regarding participants in the electronic monitoring program:
(1)CA Penal Law Code § 1203.018(k)(1) The participant’s name, address, and date of birth.
(2)CA Penal Law Code § 1203.018(k)(2) The offense or offenses alleged to have been committed by the participant.
(3)CA Penal Law Code § 1203.018(k)(3) The period of time the participant will be placed on home detention.
(4)CA Penal Law Code § 1203.018(k)(4) Whether the participant successfully completed the prescribed period of home detention or was returned to a county correctional facility, and if the person was returned to a county correctional facility, the reason for the return.
(5)CA Penal Law Code § 1203.018(k)(5) The gender and ethnicity of the participant.
(l)CA Penal Law Code § 1203.018(l) Notwithstanding any other law, upon request of a local law enforcement agency with jurisdiction over the location where a participant in an electronic monitoring program is placed, the correctional administrator may, in the administrator’s discretion and solely for investigatory purposes, provide current and historical GPS coordinates, if available.
(m)CA Penal Law Code § 1203.018(m) A law enforcement agency that does not have the primary responsibility to supervise participants in the electronic monitoring program that receives information pursuant to subdivision (k) shall not use the information to conduct enforcement actions based on administrative violations of the home detention program. An agency that has knowledge that the subject in a criminal investigation is a participant in an electronic monitoring program shall make reasonable efforts to notify the supervising agency prior to serving a warrant or taking any law enforcement action against a participant in an electronic monitoring program.
(n)CA Penal Law Code § 1203.018(n) It is the intent of the Legislature that electronic monitoring programs established under this section maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply:
(1)CA Penal Law Code § 1203.018(n)(1) The correctional administrator, with the approval of the board of supervisors, may administer an electronic monitoring program as provided in this section pursuant to written contracts with appropriate public or private agencies or entities to provide specified program services. A public or private agency or entity shall not operate a home detention program pursuant to this section in any county without a written contract with that county’s correctional administrator. A public or private agency or entity entering into a contract pursuant to this subdivision shall not itself employ any person who is in the electronic monitoring program.
(2)CA Penal Law Code § 1203.018(n)(2) Program participants shall undergo the normal booking process for arrestees entering the jail. All electronic monitoring program participants shall be supervised.
(3)Copy CA Penal Law Code § 1203.018(n)(3)
(A)Copy CA Penal Law Code § 1203.018(n)(3)(A) All privately operated electronic monitoring programs shall be under the jurisdiction of, and subject to the terms and conditions of the contract entered into with, the correctional administrator.
(B)CA Penal Law Code § 1203.018(n)(3)(A)(B) Each contract specified in subparagraph (A) shall include, but not be limited to, all of the following:
(i)CA Penal Law Code § 1203.018(n)(3)(A)(B)(i) A provision whereby the private agency or entity agrees to operate in compliance with any available standards and all state and county laws applicable to the operation of electronic monitoring programs and the supervision of offenders in an electronic monitoring program.
(ii)CA Penal Law Code § 1203.018(n)(3)(A)(B)(ii) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity.
(iii)CA Penal Law Code § 1203.018(n)(3)(A)(B)(iii) A provision that requires the private agency or entity to demonstrate evidence of financial responsibility, submitted to and approved by the board of supervisors, in amounts and under conditions sufficient to fully indemnify the county for reasonably foreseeable public liability, including legal defense costs that may arise from, or be proximately caused by, acts or omissions of the contractor.
(iv)CA Penal Law Code § 1203.018(n)(3)(A)(B)(iv) A provision that requires the private agency or entity to provide evidence of financial responsibility, such as certificates of insurance or copies of insurance policies, prior to commencing any operations pursuant to the contract or at any time requested by the board of supervisors or correctional administrator.
(v)CA Penal Law Code § 1203.018(n)(3)(A)(B)(v) A provision that requires an annual review by the correctional administrator to ensure compliance with requirements set by the board of supervisors and for adjustment of the financial responsibility requirements if warranted by caseload changes or other factors.
(vi)CA Penal Law Code § 1203.018(n)(3)(A)(B)(vi) A provision that permits the correctional administrator to immediately terminate the contract with a private agency or entity at any time that the contractor fails to demonstrate evidence of financial responsibility.
(C)CA Penal Law Code § 1203.018(n)(3)(A)(C) All privately operated electronic monitoring programs shall comply with all applicable ordinances and regulations specified in subdivision (a) of Section 1208.
(D)CA Penal Law Code § 1203.018(n)(3)(A)(D) The board of supervisors, the correctional administrator, and the designee of the correctional administrator shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section.
(E)CA Penal Law Code § 1203.018(n)(3)(A)(E) The failure of the private agency or entity to comply with state or county laws or with the standards established by the contract with the correctional administrator shall constitute cause to terminate the contract.
(F)CA Penal Law Code § 1203.018(n)(3)(A)(F) Upon the discovery that a private agency or entity with which there is a contract is not in compliance with this paragraph, the correctional administrator shall give 60 days’ notice to the director of the private agency or entity that the contract may be canceled if the specified deficiencies are not corrected.
(G)CA Penal Law Code § 1203.018(n)(3)(A)(G) Shorter notice may be given or the contract may be canceled without notice whenever a serious threat to public safety is present because the private agency or entity has failed to comply with this section.
(H)CA Penal Law Code § 1203.018(n)(3)(A)(H) For purposes of this section, “evidence of financial responsibility” may include, but is not limited to, certified copies of any of the following:
(i)CA Penal Law Code § 1203.018(n)(3)(A)(H)(i) A current liability insurance policy.
(ii)CA Penal Law Code § 1203.018(n)(3)(A)(H)(ii) A current errors and omissions insurance policy.
(iii)CA Penal Law Code § 1203.018(n)(3)(A)(H)(iii) A surety bond.
(o)CA Penal Law Code § 1203.018(o) This section shall become operative on July 1, 2021.

Section § 1203.25

Explanation

This law ensures that people released from court before a formal probation violation hearing are mostly released on their own recognizance, meaning they don't typically have to pay bail. The court can only demand bail if it's clear that no other conditions would protect the public and ensure court appearances. Bail must be affordable and based solely on the individual’s situation, not a bail bond. Conditions for release can include things like phone check-ins or electronic monitoring, but the individual should not have to pay for these. For misdemeanor offenses, release cannot be denied before a probation hearing unless the person hasn’t followed court orders. Similarly, for felony offenses, there must be strong evidence that no other safe release options exist to deny release before a hearing. All decisions must be openly stated by the court and recorded if requested. If a new charge is involved, the court's normal authority regarding release applies independently of this section.

(a)CA Penal Law Code § 1203.25(a) All persons released by a court at or after the initial hearing and prior to a formal probation violation hearing pursuant to subdivision (a) of Section 1203.2 shall be released on their own recognizance unless the court finds, by clear and convincing evidence, that the particular circumstances of the case require the imposition of an order to provide reasonable protection to the public and reasonable assurance of the person’s future appearance in court.
(1)CA Penal Law Code § 1203.25(a)(1) The court shall make an individualized determination of the factors that do or do not indicate that the person would be a danger to the public if released pending a formal revocation hearing. Any finding of danger to the public must be based on clear and convincing evidence.
(2)CA Penal Law Code § 1203.25(a)(2) The court shall not require the use of any algorithm-based risk assessment tool in setting conditions of release.
(3)CA Penal Law Code § 1203.25(a)(3) The court shall impose the least restrictive conditions of release necessary to provide reasonable protection of the public and reasonable assurance of the person’s future appearance in court.
(b)CA Penal Law Code § 1203.25(b) Reasonable conditions of release may include, but are not limited to, reporting telephonically to a probation officer, protective orders, a global positioning system (GPS) monitoring device or other electronic monitoring, an alcohol use detection device, or search and seizure by a probation officer or other peace officer. The person shall not be required to bear the expense of any conditions of release ordered by the court.
(c)Copy CA Penal Law Code § 1203.25(c)
(1)Copy CA Penal Law Code § 1203.25(c)(1) Bail shall not be imposed unless the court finds by clear and convincing evidence that other reasonable conditions of release are not adequate to provide reasonable protection of the public and reasonable assurance of the person’s future appearance in court.
(2)CA Penal Law Code § 1203.25(c)(2) “Bail” as used in this section is defined as cash bail. A bail bond or property bond is not bail. In determining the amount of bail, the court shall make an individualized determination based on the particular circumstances of the case, and it shall consider the person’s ability to pay cash bail, not a bail bond or property bond. Bail shall be set at a level the person can reasonably afford.
(d)CA Penal Law Code § 1203.25(d) The court shall not deny release for a person on probation for misdemeanor conduct before the court holds a formal probation revocation hearing, unless the person fails to comply with an order of the court, including an order to appear in court in the underlying case, in which case subdivision (a) shall apply.
(e)CA Penal Law Code § 1203.25(e) The court shall not deny release for a person on probation for felony conduct before the court holds a formal probation revocation hearing unless the court finds by clear and convincing evidence that there are no means reasonably available to provide reasonable protection of the public and reasonable assurance of the person’s future appearance in court.
(f)CA Penal Law Code § 1203.25(f) All findings required to be made by clear and convincing evidence under this section shall, based on all evidence presented, including, but not limited to, any probation report, be made orally on the record by the court. The court also shall set forth the reason in an order entered upon the minutes if requested by either party in any case in which the proceedings are not being reported by a court reporter.
(g)CA Penal Law Code § 1203.25(g) If a new charge is the basis for a probation violation, nothing in this section shall be construed to limit the court’s authority to hold, release, limit release, or impose conditions of release for that charge as permitted by applicable law.

Section § 1203.35

Explanation

This law allows local probation departments to use "flash incarceration" as a quick punishment for breaking probation or supervision rules. This means a short jail stay of 1 to 10 days without a court hearing if the person agrees to it up front. Probation cannot be denied if someone refuses to agree. Each department must have guidelines for when to use this kind of punishment, and a supervisor must approve it beforehand. If the person doesn't agree to the flash incarceration, the probation officer can ask the court for further action. This rule is in place until January 1, 2028, unless extended or changed by a new law.

(a)Copy CA Penal Law Code § 1203.35(a)
(1)Copy CA Penal Law Code § 1203.35(a)(1) In any case in which the court grants probation or imposes a sentence that includes mandatory supervision, the county probation department is authorized to use flash incarceration for any violation of the conditions of probation or mandatory supervision if, at the time of granting probation or ordering mandatory supervision, the court obtains from the defendant a waiver to a court hearing prior to the imposition of a period of flash incarceration. Probation shall not be denied for refusal to sign the waiver.
(2)CA Penal Law Code § 1203.35(a)(2) Each county probation department shall develop a response matrix that establishes protocols for the imposition of graduated sanctions for violations of the conditions of probation to determine appropriate interventions to include the use of flash incarceration.
(3)CA Penal Law Code § 1203.35(a)(3) A supervisor shall approve the term of flash incarceration prior to the imposition of flash incarceration.
(4)CA Penal Law Code § 1203.35(a)(4) Upon a decision to impose a period of flash incarceration, the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.
(5)CA Penal Law Code § 1203.35(a)(5) If the person on probation or mandatory supervision does not agree to accept a recommended period of flash incarceration, upon a determination that there has been a violation, the probation officer is authorized to address the alleged violation by filing a declaration or revocation request with the court.
(b)CA Penal Law Code § 1203.35(b) For purposes of this section, “flash incarceration” is a period of detention in a county jail due to a violation of an offender’s conditions of probation or mandatory supervision. The length of the detention period may range between 1 and 10 consecutive days. Shorter, but if necessary more frequent, periods of detention for violations of an offender’s conditions of probation or mandatory supervision shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer periods of detention. In cases in which there are multiple violations in a single incident, only one flash incarceration booking is authorized and may range between 1 and 10 consecutive days.
(c)CA Penal Law Code § 1203.35(c) This section shall not apply to any defendant sentenced pursuant to Section 1210.1.
(d)CA Penal Law Code § 1203.35(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.

Section § 1203.41

Explanation

California Penal Code 1203.41 allows a court to clear a felony conviction under specific conditions. After fulfilling the sentence and waiting either one or two years depending on how it was served, a defendant can petition to dismiss their conviction if they're not currently facing any other charges. This relief is not available for offenses requiring sex offender registration or for felonies with certain ongoing parole statuses. Although dismissed, the conviction can still affect future prosecutions and must be disclosed in certain job applications. Certain rights, like firearm possession or public office holding, aren't restored. The court must inform defendants of their right to apply for a certificate of rehabilitation. The prosecuting attorney must be notified of the petition, and if they don't object, they can't later appeal the decision.

(a)CA Penal Law Code § 1203.41(a) If a defendant is convicted of a felony, the court, in its discretion and in the interest of justice, may order the following relief, subject to the conditions of subdivision (b):
(1)CA Penal Law Code § 1203.41(a)(1) The court may permit the defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall dismiss the accusations or information against the defendant and the defendant shall be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code.
(2)CA Penal Law Code § 1203.41(a)(2) The relief available under this section may be granted only after the lapse of one year following the defendant’s completion of the sentence, if the sentence was imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, or after the lapse of two years following the defendant’s completion of the sentence, if the sentence was imposed pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 or if the defendant was sentenced to the state prison.
(3)CA Penal Law Code § 1203.41(a)(3) The relief available under this section may be granted only if the defendant is not on parole or under supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, and is not serving a sentence for, on probation for, or charged with the commission of, an offense.
(4)CA Penal Law Code § 1203.41(a)(4) The defendant shall be informed, either orally or in writing, of the provisions of this section and of their right, if any, to petition for a certificate of rehabilitation and pardon at the time of sentencing.
(5)CA Penal Law Code § 1203.41(a)(5) The defendant may make the application and change of plea in person or by attorney, or by a probation officer authorized in writing.
(6)CA Penal Law Code § 1203.41(a)(6) If the defendant seeks relief under this section for a felony that resulted in a sentence to the state prison, the relief available under this section may only be granted if that felony did not result in a requirement to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(b)CA Penal Law Code § 1203.41(b) Relief granted pursuant to subdivision (a) is subject to all of the following conditions:
(1)CA Penal Law Code § 1203.41(b)(1) In any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.
(2)CA Penal Law Code § 1203.41(b)(2) The order shall state, and the defendant shall be informed, that the order does not relieve them of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for licensure by a state or local agency or by a federally recognized tribe, for enrollment as a provider of in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, or for contracting with the California State Lottery Commission.
(3)CA Penal Law Code § 1203.41(b)(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in their custody or control a firearm or prevent their conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(4)CA Penal Law Code § 1203.41(b)(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(c)CA Penal Law Code § 1203.41(c) This section applies to any conviction specified in subdivision (a) that occurred before, on, or after January 1, 2021.
(d)CA Penal Law Code § 1203.41(d) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(e)Copy CA Penal Law Code § 1203.41(e)
(1)Copy CA Penal Law Code § 1203.41(e)(1) Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.
(2)CA Penal Law Code § 1203.41(e)(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(f)CA Penal Law Code § 1203.41(f) If, after receiving notice pursuant to subdivision (e), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney shall not move to set aside or otherwise appeal the grant of that petition.
(g)CA Penal Law Code § 1203.41(g) Relief granted pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective orders that have been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(h)CA Penal Law Code § 1203.41(h) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections. Relief granted pursuant to this section does not make eligible a person who is otherwise ineligible under state or federal law or regulation to provide, or receive payment for providing, in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code.

Section § 1203.42

Explanation

If you were sentenced before the 2011 Realignment Legislation for a crime that could have been sentenced differently, the court might let you withdraw your guilty plea or change a conviction to a not guilty plea, and dismiss the charges. This can offer relief from penalties linked to the conviction. However, this is only possible two years after you finish your sentence and if you're not on supervised release or facing new charges.

You can apply for this relief in person, through an attorney, or a probation officer. Despite the dismissal, you must still disclose the conviction when asked for jobs or contracts with the state, and it doesn’t restore rights related to firearms or public office eligibility. Restitution concerns won't automatically block your petition, but the prosecuting attorney must be given notice and if they don’t object, they can't later challenge the dismissal.

(a)CA Penal Law Code § 1203.42(a) If a defendant was sentenced prior to the implementation of the 2011 Realignment Legislation for a crime for which the defendant would otherwise have been eligible for sentencing pursuant to subdivision (h) of Section 1170, the court, in its discretion and in the interest of justice, may order the following relief, subject to the conditions of subdivision (b):
(1)CA Penal Law Code § 1203.42(a)(1) The court may permit the defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty, or, if the defendant has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty, and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and the defendant shall be released from all penalties and disabilities resulting from the offense of which they have been convicted, except as provided in Section 13555 of the Vehicle Code.
(2)CA Penal Law Code § 1203.42(a)(2) The relief available under this section may be granted only after the lapse of two years following the defendant’s completion of the sentence.
(3)CA Penal Law Code § 1203.42(a)(3) The relief available under this section may be granted only if the defendant is not under supervised release, and is not serving a sentence for, on probation for, or charged with the commission of, an offense.
(4)CA Penal Law Code § 1203.42(a)(4) The defendant may make the application and change of plea in person or by attorney, or by a probation officer authorized in writing.
(b)CA Penal Law Code § 1203.42(b) Relief granted pursuant to subdivision (a) is subject to the following conditions:
(1)CA Penal Law Code § 1203.42(b)(1) In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the accusation or information had not been dismissed.
(2)CA Penal Law Code § 1203.42(b)(2) The order shall state, and the defendant shall be informed, that the order does not relieve the defendant of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for licensure by a state or local agency, or for contracting with the California State Lottery Commission.
(3)CA Penal Law Code § 1203.42(b)(3) Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in their custody or control a firearm or prevent a conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(4)CA Penal Law Code § 1203.42(b)(4) Dismissal of an accusation or information underlying a conviction pursuant to this section does not permit a person prohibited from holding public office as a result of that conviction to hold public office.
(c)CA Penal Law Code § 1203.42(c) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(d)Copy CA Penal Law Code § 1203.42(d)
(1)Copy CA Penal Law Code § 1203.42(d)(1)   Relief shall not be granted under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for relief. The probation officer shall notify the prosecuting attorney when a petition is filed, pursuant to this section.
(2)CA Penal Law Code § 1203.42(d)(2) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court.
(e)CA Penal Law Code § 1203.42(e) If, after receiving notice pursuant to subdivision (d), the prosecuting attorney fails to appear and object to a petition for dismissal, the prosecuting attorney may not move to set aside or otherwise appeal the grant of that petition.

Section § 1203.43

Explanation

This law addresses the issue of misinformation regarding the consequences of a deferred entry of judgment in criminal cases, particularly for noncitizens. It states that if a defendant has completed the conditions of a deferred entry of judgment program and had their charges dismissed, they can request to withdraw their guilty plea and enter a not guilty plea instead. The court must then dismiss the charges. If the records are unavailable, the defendant's sworn statement, along with state summary criminal history information, is considered proof that the charges were dismissed following successful completion of the program.

(a)Copy CA Penal Law Code § 1203.43(a)
(1)Copy CA Penal Law Code § 1203.43(a)(1) The Legislature finds and declares that the statement in Section 1000.4, that “successful completion of a deferred entry of judgment program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate” constitutes misinformation about the actual consequences of making a plea in the case of some defendants, including all noncitizen defendants, because the disposition of the case may cause adverse consequences, including adverse immigration consequences.
(2)CA Penal Law Code § 1203.43(a)(2) Accordingly, the Legislature finds and declares that based on this misinformation and the potential harm, the defendant’s prior plea is invalid.
(b)CA Penal Law Code § 1203.43(b) For the above-specified reason, in any case in which a defendant was granted deferred entry of judgment on or after January 1, 1997, has performed satisfactorily during the period in which deferred entry of judgment was granted, and for whom the criminal charge or charges were dismissed pursuant to Section 1000.3, the court shall, upon request of the defendant, permit the defendant to withdraw the plea of guilty or nolo contendere and enter a plea of not guilty, and the court shall dismiss the complaint or information against the defendant. If court records showing the case resolution are no longer available, the defendant’s declaration, under penalty of perjury, that the charges were dismissed after he or she completed the requirements for deferred entry of judgment, shall be presumed to be true if the defendant has submitted a copy of his or her state summary criminal history information maintained by the Department of Justice that either shows that the defendant successfully completed the deferred entry of judgment program or that the record is incomplete in that it does not show a final disposition. For purposes of this section, a final disposition means that the state summary criminal history information shows either a dismissal after completion of the program or a sentence after termination of the program.

Section § 1203.044

Explanation

If someone is charged with a drug-related offense and gets probation, the court must order them to join a drug treatment or education program if a suitable program is available. If they don't follow the program, their probation might be taken away, and they could get a new probation period with stricter conditions. The court will also consider if the person can afford the program and may adjust fees based on their financial situation. People who meet specific government criteria won't have to pay. A drug treatment program can include various services like education, therapy, and detoxification.

(a)Copy CA Penal Law Code § 1203.044(a)
(1)Copy CA Penal Law Code § 1203.044(a)(1) In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or drug education pursuant to Section 11373 of the Health and Safety Code if an appropriate program with capacity to accept the defendant has been identified by the probation officer.
(2)CA Penal Law Code § 1203.044(a)(2) If, at any point during the probation period, evidence is presented that the defendant is not in compliance with the treatment program or education, the court may revoke probation and, upon a determination that the defendant has willfully failed to comply with the treatment program or education, impose a new grant of probation pursuant to subdivision (e) of Section 1203.2.
(3)CA Penal Law Code § 1203.044(a)(3) When referring a person pursuant to this subdivision, the court shall determine the person’s ability to pay. If the court finds that the person is financially unable to pay, the court shall develop a sliding fee schedule for the program based on the person’s ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs.
(b)CA Penal Law Code § 1203.044(b) For purposes of this section, “drug treatment program” means a state-licensed or state-certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services.

Section § 1203.44

Explanation

This California law allows Sacramento and Yolo Counties to operate a pilot program called "Hope California" for people with substance use disorders (SUDs) who have been convicted of certain drug-related felonies. Instead of going to prison, eligible individuals can choose to undergo secured residential treatment. The program is non-custodial, with facilities managed by the health and human services agencies and overseen by probation departments.

The program must provide a range of services such as counseling, skill development, and individualized treatment plans. Additionally, assessments and data are collected and reported for evaluation. Successful completion of the program could lead to the setting aside of convictions. The law includes provisions for victim rights and is set to be repealed by July 1, 2029, unless extended.

(a)CA Penal Law Code § 1203.44(a) The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as “Hope California,” consistent with this section for individuals suffering from substance use disorders (SUDs) who have been convicted of drug-motivated felony crimes that qualify pursuant to the criteria and conditions described in subdivisions (b) and (c). If offered, the pilot programs shall align with the resolutions adopted by the counties in recognition of the goal of ensuring that people with behavioral health conditions receive treatment out of custody wherever possible. The counties may offer the pilot program to eligible individuals if the program meets all of the following conditions:
(1)CA Penal Law Code § 1203.44(a)(1) The program facility is licensed by the State Department of Health Care Services as an alcoholism or drug abuse recovery or treatment facility pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code.
(2)Copy CA Penal Law Code § 1203.44(a)(2)
(A)Copy CA Penal Law Code § 1203.44(a)(2)(A) The program facility is a clinical setting managed and staffed by the county’s health and human services agency (HHSA) with oversight provided by the county’s probation department.
(B)CA Penal Law Code § 1203.44(a)(2)(A)(B) The program facility shall not be a jail, prison, or other correctional setting.
(C)CA Penal Law Code § 1203.44(a)(2)(A)(C) The program facility shall be secured but shall not include a lockdown setting.
(3)CA Penal Law Code § 1203.44(a)(3) The individual, upon a judge pronouncing a sentence to be served in a county jail or state prison, shall choose and consent to participate in the voluntary program in lieu of incarceration.
(4)CA Penal Law Code § 1203.44(a)(4) The program is limited to one facility site per county.
(5)CA Penal Law Code § 1203.44(a)(5) The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants.
(6)CA Penal Law Code § 1203.44(a)(6) The State Department of Health Care Services has authority to access the program facility to investigate complaints by program participants and to ensure the facility complies with applicable statutes and regulations.
(7)CA Penal Law Code § 1203.44(a)(7) The program facility ensures that participants have visitation rights, including through the use of a telephone.
(8)CA Penal Law Code § 1203.44(a)(8) The county develops and staffs the program in partnership with relevant community-based organizations and drug treatment service providers to provide support services, including, but not limited to, employment skill assessments, money management, technology education, tutoring, career planning, developing resumes and cover letters, and searching and applying for employment.
(9)CA Penal Law Code § 1203.44(a)(9) HHSA ensures that a risk, needs, and biopsychosocial assessment, utilizing the Multidimensional Assessment of the American Society of Addiction Medicine (ASAM), as part of the ASAM Criteria, be performed for each individual identified as a candidate for the program.
(10)CA Penal Law Code § 1203.44(a)(10) The participant’s treatment, in terms of length and intensity, within the program is based on the findings of the risk, needs, and biopsychosocial assessment and the recommendations of treatment providers that may include an addiction medicine physician.
(11)CA Penal Law Code § 1203.44(a)(11) The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community.
(12)CA Penal Law Code § 1203.44(a)(12) The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(13)CA Penal Law Code § 1203.44(a)(13) The program provides an individualized, medically assisted treatment plan for each resident, including, but not limited to, medically assisted treatment options and counseling based on the recommendations of a substance use disorder specialist, which may include a medical doctor or doctor of osteopathy specializing in addiction medicine.
(14)CA Penal Law Code § 1203.44(a)(14) A judge determines the length of the treatment program after being informed by, and based on, the risk, needs, and biopsychosocial assessment and recommendations of treatment providers. After leaving the secured residential treatment facility, the participant continues outpatient treatment for a period of time and may also be referred to a “step-down” residential treatment facility, subject to the time limit described in paragraph (2) of subdivision (c).
(15)CA Penal Law Code § 1203.44(a)(15) A judge shall also determine that the program will be carried out in lieu of a jail or prison sentence after making a finding that the defendant’s decision to choose the alternative treatment program is knowing, intelligent, and voluntary.
(16)CA Penal Law Code § 1203.44(a)(16) The program provides, for each participant successfully leaving the program, a comprehensive continuum of care plan that includes recommendations for outpatient care, counseling, housing recommendations, and other vital components of successful recovery.
(17)CA Penal Law Code § 1203.44(a)(17) To the extent permitted under federal and state law, treatment provided to a participant during the program is reimbursable under the Medi-Cal program, if the participant is a Medi-Cal beneficiary and the treatment is a covered benefit under the Medi-Cal program. If treatment services provided to a participant during the program are not reimbursable under the Medi-Cal program or through the participant’s personal health care coverage, funds allocated to the state from the 2021 Multistate Opioid Settlement Agreement, subject to an appropriation by the Legislature, may be used to reimburse those treatment services to the extent consistent with the terms of the Settlement Agreement and the Final Judgment (People v. McKinsey & Co. (Alameda County Superior Court, No. RG21087649, Feb. 4, 2021)).
(18)Copy CA Penal Law Code § 1203.44(a)(18)
(A)Copy CA Penal Law Code § 1203.44(a)(18)(A) An outcomes assessment of the secured residential treatment pilot program is completed by an independent evaluator and submitted to the Assembly Committee on Health, the Assembly Committee on Public Safety, the Senate Committee on Health, the Senate Committee on Public Safety, and the Legislature by October 1, 2028.
(B)CA Penal Law Code § 1203.44(a)(18)(A)(B) The outcomes assessment shall include pilot program data, including overall data and data by county, and shall include, but not be limited to, all of the following:
(i)CA Penal Law Code § 1203.44(a)(18)(A)(B)(i) A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program.
(ii)CA Penal Law Code § 1203.44(a)(18)(A)(B)(ii) The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20).
(iii)CA Penal Law Code § 1203.44(a)(18)(A)(B)(iii) The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery.
(iv)CA Penal Law Code § 1203.44(a)(18)(A)(B)(iv) A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program.
(C)CA Penal Law Code § 1203.44(a)(18)(A)(C) The outcomes assessment shall not be performed or managed by the State Department of Health Care Services but may be performed by a postsecondary institution.
(D)CA Penal Law Code § 1203.44(a)(18)(A)(D) The independent evaluator may be provided with criminal offender record information, if necessary for the completion of the outcomes assessment, as provided in Section 13202.
(19)CA Penal Law Code § 1203.44(a)(19) The county collects and monitors all of the following data for participants in the program:
(A)CA Penal Law Code § 1203.44(a)(19)(A) The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)CA Penal Law Code § 1203.44(a)(19)(B) The participant’s criminal history.
(C)CA Penal Law Code § 1203.44(a)(19)(C) The participant’s risk level, as determined by the risk, needs, and biopsychosocial assessment.
(D)CA Penal Law Code § 1203.44(a)(19)(D) The treatment provided to the participant during the program, and if the participant completed that treatment.
(E)CA Penal Law Code § 1203.44(a)(19)(E) The participant’s outcome at the time of program completion, six months after completion, and one year after completion, including subsequent arrests and convictions.
(20)CA Penal Law Code § 1203.44(a)(20) The county reports all of the following information annually to the State Department of Health Care Services and, in compliance with Section 9795 of the Government Code, to the Legislature, excluding any personally identifiable information of participants:
(A)CA Penal Law Code § 1203.44(a)(20)(A) The risk, needs, and biopsychosocial assessment tool used for the program.
(B)CA Penal Law Code § 1203.44(a)(20)(B) The curriculum used by each program.
(C)CA Penal Law Code § 1203.44(a)(20)(C) The number of participants with a program length other than one year and the alternative program lengths used.
(D)CA Penal Law Code § 1203.44(a)(20)(D) Individual data on the number of participants participating in the program.
(E)CA Penal Law Code § 1203.44(a)(20)(E) Individual data for the items described in paragraph (19).
(F)CA Penal Law Code § 1203.44(a)(20)(F) A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants.
(b)Copy CA Penal Law Code § 1203.44(b)
(1)Copy CA Penal Law Code § 1203.44(b)(1) Eligible drug-motivated crimes shall include any felony crime other than the following:
(A)CA Penal Law Code § 1203.44(b)(1)(A) Sex crimes listed in subdivision (c) of Section 290.
(B)CA Penal Law Code § 1203.44(b)(1)(B) A “serious felony” as defined in subdivision (c) of Section 1192.7 or in Section 1192.8.
(C)CA Penal Law Code § 1203.44(b)(1)(C) A “violent felony” as defined in subdivision (c) of Section 667.5.
(D)CA Penal Law Code § 1203.44(b)(1)(D) “Domestic violence” as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code).
(E)CA Penal Law Code § 1203.44(b)(1)(E) Driving under the influence in violation of Section 191.5 of this code or Section 23152, 23153, 23550, or 23550.5 of the Vehicle Code.
(2)CA Penal Law Code § 1203.44(b)(2) Notwithstanding paragraph (1), a “nonviolent drug possession offense” specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program.
(c)Copy CA Penal Law Code § 1203.44(c)
(1)Copy CA Penal Law Code § 1203.44(c)(1) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the judge shall offer the defendant voluntary participation in the pilot program, as an alternative to a jail or prison sentence that the judge would otherwise impose, consistent with the other provisions of this section and if all of the following conditions are met:
(A)CA Penal Law Code § 1203.44(c)(1)(A) The defendant’s crime was caused in whole or in part by the defendant’s SUD.
(B)CA Penal Law Code § 1203.44(c)(1)(B) The defendant’s crime meets the criteria described in subdivision (b).
(C)CA Penal Law Code § 1203.44(c)(1)(C) The judge makes their determination based on the recommendations of the treatment providers who conducted the assessment, on a finding by HHSA that the defendant’s participation in the program would be appropriate, and on the report described in subdivision (d).
(2)CA Penal Law Code § 1203.44(c)(2) The amount of time in the secured residential treatment facility shall be determined by the recommendations of the treatment providers who conducted the assessment. The amount of time, combined with any outpatient treatment or “step-down” residential treatment pursuant to the program, shall not exceed the term of imprisonment to which the defendant would otherwise be sentenced, not including any additional term of imprisonment for enhancements, for the drug-motivated crime. The court shall not place the defendant on probation for the underlying offense. The defendant shall be eligible to receive credits pursuant to Section 4019.
(3)CA Penal Law Code § 1203.44(c)(3) During the period that an individual is participating in the pilot program, the individual shall be on supervision with the probation department.
(d)CA Penal Law Code § 1203.44(d) To assist the court in making the determination as to whether to offer the defendant placement in the secured residential treatment program pursuant to subdivision (c), a report shall be prepared with input from any of the interested parties, including the district attorney, the attorney for the participant, the probation department, HHSA, and any contracted drug treatment program provider.
(e)CA Penal Law Code § 1203.44(e) If, at any time during the individual’s participation in the program, it is determined by the treatment providers or program administrators that continued participation in the program would not be in the best interests of the individual, other participants, or the program itself, the treatment providers or program administrators may recommend to the court that the individual’s participation be terminated and that the individual be transferred out of the secured residential treatment program.
(f)CA Penal Law Code § 1203.44(f) If the court, based on the recommendations of the treatment providers or program administrators, determines that the participant should be transferred out of the secured residential treatment phase of the program prior to the end of the original order, the court shall make that subsequent order, and the participant shall complete the remainder of the original sentence imposed prior to their consent to enter the program.
(g)CA Penal Law Code § 1203.44(g) If, at any time during the individual’s participation in the program, the individual determines that they no longer wish to participate in the program, the individual may make a request to the court for termination of their participation and be transferred out of the secured residential treatment program to complete the remainder of their originally imposed sentence after accounting for any credits to which the individual is entitled pursuant to Section 4019.
(h)CA Penal Law Code § 1203.44(h) If the treatment providers make a recommendation to the court that the participant should be released prior to the end of the original order based on the treatment providers’ assessment that the participant no longer needs to be in the secured residential treatment program, the court shall make that subsequent order, and paragraph (16) of subdivision (a) shall apply.
(i)CA Penal Law Code § 1203.44(i) If the participant successfully completes the court-ordered drug treatment pursuant to this program, the conviction shall be set aside, and the court shall dismiss the accusation or information against the participant. The court shall also have discretion to set aside the conviction and to dismiss the accusation or information of any previous drug possession or drug use crimes on the participant’s record, including those offenses listed in Sections 11350, 11364, 11377, and 11550 of the Health and Safety Code. A participant’s successful completion of treatment shall be defined and determined by the treatment providers and not by the court, district attorney’s office, or probation department and does not require the participant to complete the duration of the treatment originally ordered by the court.
(j)CA Penal Law Code § 1203.44(j) The court shall ensure that the rights of any victim pursuant to Section 28 of Article I of the California Constitution (Marsy’s Law) are honored before setting aside the conviction and dismissing the accusation or information.
(k)CA Penal Law Code § 1203.44(k) This section shall remain in effect only until July 1, 2029, and as of that date is repealed unless a later enacted statute that is enacted before July 1, 2029, deletes or extends that date.

Section § 1203.045

Explanation

If someone is convicted of stealing more than $100,000, they generally cannot get probation unless there's a special reason that serves justice better. This amount must be mentioned in the charges and confirmed in court, either by the defendant admitting it or by the court or jury finding it true. If probation is granted, the judge must explain the reasons why it serves justice and record these reasons officially.

(a)CA Penal Law Code § 1203.045(a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person convicted of a crime of theft of an amount exceeding one hundred thousand dollars ($100,000).
(b)CA Penal Law Code § 1203.045(b) The fact that the theft was of an amount exceeding one hundred thousand dollars ($100,000) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(c)CA Penal Law Code § 1203.045(c) When probation is granted, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by such a disposition.

Section § 1203.45

Explanation

If you committed a misdemeanor before turning 18 and have received certain legal relief in the past, you can ask the court to seal the records of your conviction. This means those events are considered as if they never happened, helping to clear your history. The law doesn't cover offenses that require registration, drug offenses, or most vehicle-related misdemeanors. It also doesn't apply if you have multiple convictions, unless specific conditions apply, like if the convictions are closely related.

If your crime happened before March 7, 1973, and you were under 21, this law might still apply to you. Importantly, the process is not affected by unpaid restitution, which means you can still seal the records even if you owe restitution. Moreover, in defamation cases, sealed records can be unsealed if necessary, but remain confidential to prevent public access.

(a)CA Penal Law Code § 1203.45(a) When a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by Section 1203.4 or 1203.4a, that person, in a proceeding under Section 1203.4 or 1203.4a, or a separate proceeding, may petition the court for an order sealing the record of conviction and other official records in the case, including records of arrests resulting in the criminal proceeding and records relating to other offenses charged in the accusatory pleading, whether the defendant was acquitted or charges were dismissed. If the court finds that the person was under 18 years of age at the time of the commission of the misdemeanor, and is eligible for relief under Section 1203.4 or 1203.4a or has previously received that relief, it may issue its order granting the relief prayed for. Thereafter the conviction, arrest, or other proceeding shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence.
(b)CA Penal Law Code § 1203.45(b) This section applies to convictions that occurred before, as well as those that occur after, the effective date of this section.
(c)CA Penal Law Code § 1203.45(c) This section shall not apply to offenses for which registration is required under Section 290, to violations of Division 10 (commencing with Section 11000) of the Health and Safety Code, or to misdemeanor violations of the Vehicle Code relating to operation of a vehicle or of a local ordinance relating to operation, standing, stopping, or parking of a motor vehicle.
(d)CA Penal Law Code § 1203.45(d) This section does not apply to a person convicted of more than one offense, whether the second or additional convictions occurred in the same action in which the conviction as to which relief is sought occurred or in another action, except in the following cases:
(1)CA Penal Law Code § 1203.45(d)(1) One of the offenses includes the other or others.
(2)CA Penal Law Code § 1203.45(d)(2) The other conviction or convictions were for the following:
(A)CA Penal Law Code § 1203.45(d)(2)(A) Misdemeanor violations of Chapters 1 (commencing with Section 21000) to 9 (commencing with Section 22500), inclusive, Chapter 12 (commencing with Section 23100), or Chapter 13 (commencing with Section 23250) of Division 11 of the Vehicle Code, other than Section 23103, 23104, 23105, 23152, 23153, or 23220.
(B)CA Penal Law Code § 1203.45(d)(2)(B) Violation of a local ordinance relating to the operation, stopping, standing, or parking of a motor vehicle.
(3)CA Penal Law Code § 1203.45(d)(3) The other conviction or convictions consisted of any combination of paragraphs (1) and (2).
(e)CA Penal Law Code § 1203.45(e) This section shall apply in a case in which a person was under 21 years of age at the time of the commission of an offense as to which this section is made applicable if that offense was committed prior to March 7, 1973.
(f)Copy CA Penal Law Code § 1203.45(f)
(1)Copy CA Penal Law Code § 1203.45(f)(1) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine.
(2)CA Penal Law Code § 1203.45(f)(2) An unfulfilled order of restitution or a restitution fine shall not be grounds for finding that a defendant did not fulfil the conditions of probation for the entire period of probation.
(3)CA Penal Law Code § 1203.45(f)(3) When the court considers a petition for relief under this section, in its discretion and in the interest of justice, an unpaid order of restitution or restitution fine shall not be grounds for denial of the petition for relief.
(g)CA Penal Law Code § 1203.45(g) In an action or proceeding based upon defamation, a court, upon a showing of good cause, may order the records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.

Section § 1203.046

Explanation

This law normally does not allow probation for individuals convicted of involving minors in committing a felony according to Section 653j.

However, if there's a rare situation where justice is better served by granting probation, the court must clearly record and document the reasons for this decision.

(a)CA Penal Law Code § 1203.046(a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person who is convicted of violating Section 653j by using, soliciting, inducing, encouraging, or intimidating a minor to commit a felony in violation of that section.
(b)CA Penal Law Code § 1203.046(b) When probation is granted pursuant to subdivision (a), the court shall specify on the record and shall enter into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

Section § 1203.047

Explanation

If someone is found guilty of certain computer-related offenses or telephone communication fee violations, they can be placed on probation for at least three years. During this time, they cannot take a job that involves using a computer connected to another computer unless the court approves. The court will give approval only if it decides the job doesn't pose a public risk. Moreover, the prosecuting attorney, probation department, potential employer, and the convicted person must be informed and given a chance to speak before approval is given.

A person convicted of a violation of paragraph (1), (2), (4), or (5) of subdivision (c) of Section 502, or of a felony violation of paragraph (3), (6), (7), or (8) of subdivision (c) of Section 502, or a violation of subdivision (b) of Section 502.7 may be granted probation, but, except in unusual cases where the ends of justice would be better served by a shorter period, the period of probation shall not be less than three years and the following terms shall be imposed. During the period of probation, that person shall not accept employment where that person would use a computer connected by any means to any other computer, except upon approval of the court and notice to and opportunity to be heard by the prosecuting attorney, probation department, prospective employer, and the convicted person. Court approval shall not be given unless the court finds that the proposed employment would not pose a risk to the public.

Section § 1203.47

Explanation

This law allows individuals who, as minors, committed certain offenses to have their records sealed once they turn 18. These offenses include specific actions related to loitering and prostitution laws. Importantly, when petitioning to seal these records, the person doesn't have to prove they've avoided felonies, misdemeanors, or achieved rehabilitation. However, if someone attempted to pay for prostitution, this relief does not apply to them. The law applies to all relevant adjudications, past and future. If granted, sealing only affects records related to these specific offenses and not unrelated matters.

(a)CA Penal Law Code § 1203.47(a) A person who was found to be a person described in Section 602 of the Welfare and Institutions Code by reason of the commission of an offense described in subdivision (b) of Section 647 or in former Section 653.22 may, upon reaching 18 years of age, petition the court to have their record sealed, as provided in Section 781 of the Welfare and Institutions Code, except that, as pertaining to any records regarding the commission of an offense described in subdivision (b) of Section 647 or in former Section 653.22, it shall not be a requirement in granting the petition for the person to show that they have not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court. Upon granting the petition, all records relating to the violation or violations of subdivision (b) of Section 647 or of former Section 653.22, or both, shall be sealed pursuant to Section 781 of the Welfare and Institutions Code.
(b)CA Penal Law Code § 1203.47(b) The relief provided by this section does not apply to a person adjudicated pursuant to subdivision (b) of Section 647 who paid money or any other valuable thing, or attempted to pay money or any other valuable thing, to any person for the purpose of prostitution as defined in subdivision (b) of Section 647.
(c)CA Penal Law Code § 1203.47(c) This section applies to adjudications that occurred before, as well as those that occur after, the effective date of this section.
(d)CA Penal Law Code § 1203.47(d) A petition granted pursuant to this section does not authorize the sealing of any part of a person’s record that is unrelated to a violation of subdivision (b) of Section 647.

Section § 1203.048

Explanation

This law says that generally, people convicted of certain property crimes involving damage or theft of more than $100,000 won't be given probation, unless there's a really good reason to do so, which the court must record.

The high value of the property must be clearly stated in the charges and acknowledged by the defendant, or confirmed by a jury or judge. If probation is given, the judge must explain and record why it serves justice best.

(a)CA Penal Law Code § 1203.048(a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person convicted of a violation of Section 502 or subdivision (b) of Section 502.7 involving the taking of or damage to property with a value exceeding one hundred thousand dollars ($100,000).
(b)CA Penal Law Code § 1203.048(b) The fact that the value of the property taken or damaged was an amount exceeding one hundred thousand dollars ($100,000) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilt or nolo contendere or by trial by the court sitting without a jury.
(c)CA Penal Law Code § 1203.048(c) When probation is granted, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by such a disposition.

Section § 1203.049

Explanation

This law states that if someone illegally transfers more than $100,000 in CalFresh benefits electronically, they generally can't get probation unless there's a rare situation where justice requires it. The prosecution must clearly state the financial amount involved in court documents, and it must be admitted by the defendant or proven in court. If probation is still granted, the court needs to clearly explain and document why it's justified in this particular case.

(a)CA Penal Law Code § 1203.049(a) Except in unusual cases where the interest of justice would best be served if the person is granted probation, probation shall not be granted to any person who violates subdivision (f) or (g) of Section 10980 of the Welfare and Institutions Code, when the violation has been committed by means of the electronic transfer of CalFresh benefits, and the amount of the electronically transferred CalFresh benefits exceeds one hundred thousand dollars ($100,000).
(b)CA Penal Law Code § 1203.049(b) The fact that the violation was committed by means of an electronic transfer of CalFresh benefits and the amount of the electronically transferred CalFresh benefits exceeds one hundred thousand dollars ($100,000) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(c)CA Penal Law Code § 1203.049(c) If probation is granted, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by that disposition of the case.

Section § 1203.49

Explanation

If someone was convicted of solicitation or prostitution and has finished their probation, they can ask the court to clear their record if they prove they were a victim of human trafficking. This includes a court order stating they were trafficked, granting relief like clearing the conviction, and informing the Department of Justice about their victim status and the relief granted.

If a defendant has been convicted of solicitation or prostitution, as described in subdivision (b) of Section 647, and if the defendant has completed any term of probation for that conviction, the defendant may petition the court for relief under this section. If the defendant can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking, the court may issue an order that does all of the following:
(a)CA Penal Law Code § 1203.49(a) Sets forth a finding that the petitioner was a victim of human trafficking when he or she committed the crime.
(b)CA Penal Law Code § 1203.49(b) Orders any of the relief described in Section 1203.4.
(c)CA Penal Law Code § 1203.49(c) Notifies the Department of Justice that the petitioner was a victim of human trafficking when he or she committed the crime and the relief that has been ordered.

Section § 1203.055

Explanation

This law focuses on sentencing individuals convicted of certain crimes committed on or against public transit vehicles or passengers. It mandates a period of confinement for offenders, even if probation is granted. The crimes covered include serious offenses like murder, robbery, assault, and arson, among others. If an offender has a prior conviction under this section, they are not eligible for probation. Facts barring probation must be stated in court documents and proven. If convicted, offenders must make restitution to victims or perform community service unless there's a compelling reason not to. The probation officer must report on damages or injuries caused by the crime and the possibility of requiring restitution.

(a)Copy CA Penal Law Code § 1203.055(a)
(1)Copy CA Penal Law Code § 1203.055(a)(1) Notwithstanding any other law, in sentencing a person convicted of committing or of attempting to commit one or more of the offenses listed in subdivision (b) against a person who is a passenger, operator, driver, or other occupant of any public transit vehicle whether the offense or attempt is committed within the vehicle or directed at the vehicle, the court shall require that the person serve some period of confinement. If probation is granted, it shall be a condition of probation that the person shall be confined in the county jail for some period of time. If the time spent in jail prior to arraignment is less than 24 hours, it shall not be considered to satisfy the requirement that some period of confinement be imposed.
(2)CA Penal Law Code § 1203.055(a)(2) As used in this subdivision, “public transit vehicle” means a motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxicab, or jitney that transports members of the public for hire.
(b)CA Penal Law Code § 1203.055(b) Subdivision (a) applies to the following crimes:
(1)CA Penal Law Code § 1203.055(b)(1) Murder.
(2)CA Penal Law Code § 1203.055(b)(2) A violation of Section 241, 241.3, 241.4, 244, 245, 245.2, or 246.
(3)CA Penal Law Code § 1203.055(b)(3) Robbery, in violation of Section 211.
(4)CA Penal Law Code § 1203.055(b)(4) Kidnapping, in violation of Section 207.
(5)CA Penal Law Code § 1203.055(b)(5) Kidnapping, in violation of Section 209.
(6)CA Penal Law Code § 1203.055(b)(6) Battery, in violation of Section 243, 243.1, or 243.3.
(7)CA Penal Law Code § 1203.055(b)(7) Rape, in violation of Section 261, 264, or 264.1, or former Section 262.
(8)CA Penal Law Code § 1203.055(b)(8) Assault with intent to commit rape or sodomy, in violation of Section 220.
(9)CA Penal Law Code § 1203.055(b)(9) Any other offense in which the defendant inflicts great bodily injury on a person other than an accomplice. As used in this paragraph, “great bodily injury” has the same meaning as defined in Section 12022.7.
(10)CA Penal Law Code § 1203.055(b)(10) Grand theft, in violation of subdivision (1) of Section 487.
(11)CA Penal Law Code § 1203.055(b)(11) Throwing of a hard substance or shooting a missile at a transit vehicle, in violation of Section 219.2.
(12)CA Penal Law Code § 1203.055(b)(12) Unlawfully causing a fire, in violation of Section 452.
(13)CA Penal Law Code § 1203.055(b)(13) Drawing, exhibiting, or using a firearm or deadly weapon, in violation of Section 417.
(14)CA Penal Law Code § 1203.055(b)(14) A violation of Section 214.
(15)CA Penal Law Code § 1203.055(b)(15) A violation of Section 215.
(16)CA Penal Law Code § 1203.055(b)(16) Kidnapping, in violation of Section 209.5.
(c)CA Penal Law Code § 1203.055(c) Probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person convicted of a felony offense falling within this section if the person has been previously convicted and sentenced pursuant to this section.
(d)Copy CA Penal Law Code § 1203.055(d)
(1)Copy CA Penal Law Code § 1203.055(d)(1) The existence of any fact that would make a person ineligible for probation under subdivisions (a) and (c) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury.
A finding bringing the defendant within this section shall not be stricken pursuant to Section 1385 or any law.
(2)CA Penal Law Code § 1203.055(2) This subdivision does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.
(e)CA Penal Law Code § 1203.055(e) The court shall require, as a condition of probation for a person convicted of committing a crime that took place on a public transit vehicle, except when the court makes a finding and states on the record clear and compelling reasons why the condition would be inappropriate, that the person make restitution to the victim. If restitution is found to be inappropriate, the court shall require as a condition of probation, except when the court makes a finding and states on the record its reasons that the condition would be inappropriate, that the defendant perform specified community service. This subdivision does not limit the authority of a court to provide additional conditions of probation.
(f)CA Penal Law Code § 1203.055(f) When a person is convicted of committing a crime that took place on a public transit vehicle, the probation officer shall immediately investigate and report to the court at a specified time whether, as a result of the crime, property damage or loss or personal injury was caused by the defendant, the amount of the damage, loss, or injury, and the feasibility of requiring restitution to be made by the defendant. When a probation report is required pursuant to Section 1203 the information required by this subdivision shall be added to that probation report.

Section § 1203.065

Explanation

This law states that people convicted of certain serious sexual offenses are not eligible for probation or to have their sentences suspended. These offenses include specific sections under crimes like rape, sexual assault, and child exploitation. Probation might only be considered in rare cases when it's in the best interest of justice, usually for less severe related offenses. If the court decides on probation in these unusual cases, it must document the reasons for this decision.

(a)CA Penal Law Code § 1203.065(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is convicted of violating paragraph (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266h, 266i, 266j, or 269, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 286, paragraph (2) or (3) of subdivision (c), or subdivision (d), (f), or (i) of Section 287 or former Section 288a, Section 288.7, subdivision (a), (d), or (e) of Section 289, or subdivision (b) of Section 311.4.
(b)Copy CA Penal Law Code § 1203.065(b)
(1)Copy CA Penal Law Code § 1203.065(b)(1) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to a person who is convicted of violating paragraph (7) of subdivision (a) of Section 261, subdivision (k) of Section 286, subdivision (k) of Section 287 or former Section 288a, subdivision (g) of Section 289, or Section 220 for assault with intent to commit a specified sexual offense.
(2)CA Penal Law Code § 1203.065(b)(2) If probation is granted, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by the disposition.

Section § 1203.066

Explanation

This California law states that certain offenders cannot receive probation if convicted under Sections 288 or 288.5, which relate to sexual offenses involving children, especially when serious factors like force, injury, or weapon use are involved. These factors include the use of force or fear, causing physical injury, prior convictions for similar crimes, or if the offender used a weapon, was a stranger, or targeted multiple victims.

If none of these serious factors are alleged or proven, probation might be possible. However, specific conditions must be met, such as the offender being amenable to treatment and the court finding it is in the child's best interest. A psychologist or psychiatrist's report may also be considered. Importantly, any treatment program must be recognized and is not compulsory for the victim.

The law also outlines that the court must document its reasons for probation, enforce treatment conditions, and ensure there is no harm threat to the victim.

(a)CA Penal Law Code § 1203.066(a) Notwithstanding Section 1203 or any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within the provisions of this section be stricken pursuant to Section 1385 for, any of the following persons:
(1)CA Penal Law Code § 1203.066(a)(1) A person who is convicted of violating Section 288 or 288.5 when the act is committed by the use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(2)CA Penal Law Code § 1203.066(a)(2) A person who caused bodily injury on the child victim in committing a violation of Section 288 or 288.5.
(3)CA Penal Law Code § 1203.066(a)(3) A person who is convicted of a violation of Section 288 or 288.5 and who was a stranger to the child victim or befriended the child victim for the purpose of committing an act in violation of Section 288 or 288.5, unless the defendant honestly and reasonably believed the victim was 14 years of age or older.
(4)CA Penal Law Code § 1203.066(a)(4) A person who used a weapon during the commission of a violation of Section 288 or 288.5.
(5)CA Penal Law Code § 1203.066(a)(5) A person who is convicted of committing a violation of Section 288 or 288.5 and who has been previously convicted of a violation of Section 261, 264.1, 266, 266c, 267, 285, 286, 287, 288, 288.5, or 289, or former Section 262 or 288a, or of assaulting another person with intent to commit a crime specified in this paragraph in violation of Section 220, or who has been previously convicted in another state of an offense which, if committed or attempted in this state, would constitute an offense enumerated in this paragraph.
(6)CA Penal Law Code § 1203.066(a)(6) A person who violated Section 288 or 288.5 while kidnapping the child victim in violation of Section 207, 209, or 209.5.
(7)CA Penal Law Code § 1203.066(a)(7) A person who is convicted of committing a violation of Section 288 or 288.5 against more than one victim.
(8)CA Penal Law Code § 1203.066(a)(8) A person who, in violating Section 288 or 288.5, has substantial sexual conduct with a victim who is under 14 years of age.
(9)CA Penal Law Code § 1203.066(a)(9) A person who, in violating Section 288 or 288.5, used obscene matter, as defined in Section 311, or matter, as defined in Section 311, depicting sexual conduct, as defined in Section 311.3.
(b)CA Penal Law Code § 1203.066(b) “Substantial sexual conduct” means penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object, oral copulation, or masturbation of either the victim or the offender.
(c)Copy CA Penal Law Code § 1203.066(c)
(1)Copy CA Penal Law Code § 1203.066(c)(1) Except for a violation of subdivision (b) of Section 288, this section shall only apply if the existence of any fact required in subdivision (a) is alleged in the accusatory pleading and is either admitted by the defendant in open court, or found to be true by the trier of fact.
(2)CA Penal Law Code § 1203.066(c)(2) For the existence of any fact under paragraph (7) of subdivision (a), the allegation must be made pursuant to this section.
(d)Copy CA Penal Law Code § 1203.066(d)
(1)Copy CA Penal Law Code § 1203.066(d)(1) If a person is convicted of a violation of Section 288 or 288.5, and the factors listed in subdivision (a) are not pled or proven, probation may be granted only if the following terms and conditions are met:
(A)CA Penal Law Code § 1203.066(d)(1)(A) If the defendant is a member of the victim’s household, the court finds that probation is in the best interest of the child victim.
(B)CA Penal Law Code § 1203.066(d)(1)(B) The court finds that rehabilitation of the defendant is feasible and that the defendant is amenable to undergoing treatment, and the defendant is placed in a recognized treatment program designed to deal with child molestation immediately after the grant of probation or the suspension of execution or imposition of sentence.
(C)CA Penal Law Code § 1203.066(d)(1)(C) If the defendant is a member of the victim’s household, probation shall not be granted unless the defendant is removed from the household of the victim until the court determines that the best interests of the victim would be served by the defendant’s return. While removed from the household, the court shall prohibit contact by the defendant with the victim, with the exception that the court may permit supervised contact, upon the request of the director of the court-ordered supervised treatment program, and with the agreement of the victim and the victim’s parent or legal guardian, other than the defendant.
(D)CA Penal Law Code § 1203.066(d)(1)(D) If the defendant is not a member of the victim’s household, the court shall prohibit the defendant from being placed or residing within one-half mile of the child victim’s residence for the duration of the probation term unless the court, on the record, states its reasons for finding that this residency restriction would not serve the best interests of the victim.
(E)CA Penal Law Code § 1203.066(d)(1)(E) The court finds that there is no threat of physical harm to the victim if probation is granted.
(2)CA Penal Law Code § 1203.066(d)(2) The court shall state its reasons on the record for whatever sentence it imposes on the defendant.
(3)CA Penal Law Code § 1203.066(d)(3) The court shall order the psychiatrist or psychologist who is appointed pursuant to Section 288.1 to include a consideration of the factors specified in subparagraphs (A), (B), and (C) of paragraph (1) in making the report to the court.
(4)CA Penal Law Code § 1203.066(d)(4) The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon ability to pay.
(5)CA Penal Law Code § 1203.066(d)(5) A victim shall not be compelled to participate in a program or counseling, and a program may not condition a defendant’s enrollment on participation by the victim.
(e)CA Penal Law Code § 1203.066(e) As used in subdivision (d), the following definitions apply:
(1)CA Penal Law Code § 1203.066(e)(1) “Contact with the victim” includes all physical contact, being in the presence of the victim, communicating by any means, including by a third party acting on behalf of the defendant, or sending any gifts.
(2)CA Penal Law Code § 1203.066(e)(2) “Recognized treatment program” means a program that consists of the following components:
(A)CA Penal Law Code § 1203.066(e)(2)(A) Substantial expertise in the treatment of child sexual abuse.
(B)CA Penal Law Code § 1203.066(e)(2)(B) A treatment regimen designed to specifically address the offense.
(C)CA Penal Law Code § 1203.066(e)(2)(C) The ability to serve indigent clients.
(D)CA Penal Law Code § 1203.066(e)(2)(D) Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program, or for the successful completion of the program as ordered. The program shall notify the court and the probation department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.

Section § 1203.067

Explanation

Before granting probation to someone convicted of certain felonies related to sexual offenses, the court must evaluate the defendant, hold a hearing to assess any threat to the victim, and consider input from a psychiatrist or psychologist about the defendant's potential for treatment. If the crime requires sex offender registration, probation terms include completing a sex offender management program, participating in polygraph tests, and waiving certain privileges like self-incrimination and psychotherapist-patient confidentiality. Offenders must pay for their participation in these programs if financially able, but they can't be denied probation solely because they can't afford it.

(a)CA Penal Law Code § 1203.067(a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 264.1, 286, 287, 288, 288.5, or 289, or former Section 262 or 288a, who is eligible for probation, the court shall do all of the following:
(1)CA Penal Law Code § 1203.067(a)(1) Order the defendant evaluated pursuant to Section 1203.03, or similar evaluation by the county probation department.
(2)CA Penal Law Code § 1203.067(a)(2) Conduct a hearing at the time of sentencing to determine if probation of the defendant would pose a threat to the victim. The victim shall be notified of the hearing by the prosecuting attorney and given an opportunity to address the court.
(3)CA Penal Law Code § 1203.067(a)(3) Order any psychiatrist or psychologist appointed pursuant to Section 288.1 to include a consideration of the threat to the victim and the defendant’s potential for positive response to treatment in making the report to the court. This section does not require the court to order an examination of the victim.
(b)CA Penal Law Code § 1203.067(b) The terms of probation for persons placed on formal probation for an offense that requires registration pursuant to Sections 290 to 290.023, inclusive, shall include all of the following:
(1)CA Penal Law Code § 1203.067(b)(1) A person placed on formal probation prior to July 1, 2012, shall participate in an approved sex offender management program, following the standards developed pursuant to Section 9003, for a period of not less than one year or the remaining term of probation if it is less than one year. The length of the period in the program is to be determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to every person described without regard to when the person’s crime or crimes were committed.
(2)CA Penal Law Code § 1203.067(b)(2) A person placed on formal probation on or after July 1, 2012, shall successfully complete a sex offender management program, following the standards developed pursuant to Section 9003, as a condition of release from probation. The length of the period in the program shall be not less than one year, up to the entire period of probation, as determined by the certified sex offender management professional in consultation with the probation officer and as approved by the court. Participation in this program applies to each person without regard to when the person’s crime or crimes were committed.
(3)CA Penal Law Code § 1203.067(b)(3) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program.
(4)CA Penal Law Code § 1203.067(b)(4) Waiver of any psychotherapist-patient privilege to enable communication between the sex offender management professional and supervising probation officer, pursuant to Section 290.09.
(c)CA Penal Law Code § 1203.067(c) A defendant ordered to be placed in an approved sex offender management program pursuant to subdivision (b) shall be responsible for paying the expense of participation in the program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and a defendant shall not be denied probation because of their inability to pay.

Section § 1203.71

Explanation

Probation officers in California can delegate their duties to deputy probation officers. The main probation officer must ensure these duties are performed properly by their deputies. Both probation officers and their deputies have the authority similar to that of peace officers when dealing with individuals under their supervision. They serve in all courts handling criminal cases in the state.

Any of the duties of the probation officer may be performed by a deputy probation officer and shall be performed by him or her whenever detailed to perform those by the probation officer; and it shall be the duty of the probation officer to see that the deputy probation officer performs his or her duties.
The probation officer and each deputy probation officer shall have, as to the person so committed to the care of the probation officer or deputy probation officer, the powers of a peace officer.
The probation officers and deputy probation officers shall serve as such probation officers in all courts having original jurisdiction of criminal actions in this state.

Section § 1203.72

Explanation

This law states that before a court can decide a defendant's sentence, everyone involved must get a copy of the probation report. This report needs to be shared with the judge, the prosecutor, and the defendant or their lawyer at least two days before the sentencing. If the defendant asks, it should be at least five days prior. The report also needs to be filed with the court clerk as a record. If the defendant doesn't have a lawyer, the probation officer must go over the report with the defendant.

Except as provided in subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203, no court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.7, unless a copy of the probation report has been made available to the court, the prosecuting attorney, and the defendant or his or her attorney, at least two days or, upon the request of the defendant, five days prior to the time fixed by the court for consideration of the report with respect to pronouncement of judgment. The report shall be filed with the clerk of the court as a record in the case at the time the court considers the report.
If the defendant is not represented by an attorney, the court, upon ordering the probation report, shall also order the probation officer who prepares the report to discuss its contents with the defendant.

Section § 1203.73

Explanation

This law explains that probation officers and deputy probation officers across California can have their necessary work-related expenses paid. These expenses need to be approved by a superior court judge and charged to the county where the probation officer works. The county's treasury will cover these costs based on a warrant from the county auditor, following the court's order. In situations where probation officers are chosen by a county's board of supervisors, the expenses must be approved by the probation officer and handled like other county expenses.

The probation officers and deputy probation officers in all counties of the state shall be allowed those necessary incidental expenses incurred in the performance of their duties as required by any law of this state, as may be authorized by a judge of the superior court; and the same shall be a charge upon the county in which the court appointing them has jurisdiction and shall be paid out of the county treasury upon a warrant issued therefor by the county auditor upon the order of the court; provided, however, that in counties in which the probation officer is appointed by the board of supervisors, the expenses shall be authorized by the probation officer and claims therefor shall be audited, allowed and paid in the same manner as other county claims.

Section § 1203.074

Explanation

This law explains that if someone is convicted of certain serious felonies, they usually can't get probation, which is a way to avoid going to jail. However, if the court believes it's an unusual case and it's in the best interest of justice, probation might be allowed. The judge has to clearly explain why they decided probation was fair in this special situation and write it down. Specifically, if someone is convicted of operating a place for drug activities as outlined in Section 11366.6 of the Health and Safety Code, they cannot get probation unless it meets these rare criteria.

(a)CA Penal Law Code § 1203.074(a) A person convicted of a felony specified in subdivision (b) may be granted probation only in an unusual case where the interests of justice would best be served; when probation is granted in such a case, the court shall specify on the record and shall enter in the minutes the circumstances indicating that the interests of justice would best be served by such a disposition.
(b)CA Penal Law Code § 1203.074(b) Except as provided in subdivision (a), probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who is convicted of violating Section 11366.6 of the Health and Safety Code.

Section § 1203.74

Explanation

If a probation officer believes they don’t have enough staff or money to do their job properly, they must let the presiding judge and the county board know in writing right away. They need to detail which tasks they can’t fulfill and what resources they need to handle their duties correctly.

Upon a determination that, in his or her opinion, staff and financial resources available to him or her are insufficient to meet his or her statutory or court ordered responsibilities, the probation officer shall immediately notify the presiding judge of the superior court and the board of supervisors of the county, or city and county, in writing. The notification shall explain which responsibilities cannot be met and what resources are necessary in order that statutory or court ordered responsibilities can be properly discharged.

Section § 1203.075

Explanation

This law says that if you cause serious injury while committing or trying to commit certain crimes, you can't get probation or a reduced sentence. These serious crimes include murder, robbery, kidnapping, lewd acts, first-degree burglary, rape, certain assaults, escape, sexual penetration, sodomy, oral copulation, carjacking, continuous child abuse, and aggravated assault on a child.

If you're charged with these, it must be clearly stated in court records, and you must either admit it in court or be proven guilty.

(a)CA Penal Law Code § 1203.075(a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the defendant within this section be stricken pursuant to Section 1385 for, any person who personally inflicts great bodily injury, as defined in Section 12022.7, on the person of another in the commission or attempted commission of any of the following crimes:
(1)CA Penal Law Code § 1203.075(a)(1) Murder.
(2)CA Penal Law Code § 1203.075(a)(2) Robbery, in violation of Section 211.
(3)CA Penal Law Code § 1203.075(a)(3) Kidnapping, in violation of Section 207, 209, or 209.5.
(4)CA Penal Law Code § 1203.075(a)(4) Lewd or lascivious act, in violation of Section 288.
(5)CA Penal Law Code § 1203.075(a)(5) Burglary of the first degree, as defined in Section 460.
(6)CA Penal Law Code § 1203.075(a)(6) Rape, in violation of Section 261, 264.1, or former Section 262.
(7)CA Penal Law Code § 1203.075(a)(7) Assault with intent to commit a specified sexual offense, in violation of Section 220.
(8)CA Penal Law Code § 1203.075(a)(8) Escape, in violation of Section 4530 or 4532.
(9)CA Penal Law Code § 1203.075(a)(9) Sexual penetration, in violation of Section 289 or 264.1.
(10)CA Penal Law Code § 1203.075(a)(10) Sodomy, in violation of Section 286.
(11)CA Penal Law Code § 1203.075(a)(11) Oral copulation, in violation of Section 287 or former Section 288a.
(12)CA Penal Law Code § 1203.075(a)(12) Carjacking, in violation of Section 215.
(13)CA Penal Law Code § 1203.075(a)(13) Continuous sexual abuse of a child, in violation of Section 288.5.
(14)CA Penal Law Code § 1203.075(a)(14) Aggravated sexual assault of a child, in violation of Section 269.
(b)CA Penal Law Code § 1203.075(b) The existence of any fact that would make a person ineligible for probation under subdivision (a) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the trier of fact.

Section § 1203.076

Explanation

This law states that if someone is convicted of selling cocaine, cocaine hydrochloride, or heroin, and is eligible for probation, they can be required to spend at least 180 days in county jail as part of their probation terms. This 180-day jail time can be enforced in every probation case.

A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section 11379.5 of the Health and Safety Code, who is eligible for probation and who is granted probation may, as a condition thereof, be confined in the county jail for at least 180 days. The imposition of the minimum 180-day sentence may be imposed in every case in which probation has been granted.

Section § 1203.085

Explanation

This California law states that if someone commits a new crime punishable by state prison time while on parole, they cannot get probation if their previous offense was violent or serious.

Also, if a person commits a new violent or serious felony while on parole, they are not eligible for probation.

The law requires that any reason making someone ineligible for probation must be clearly stated in legal documents and either admitted by the person or proven in court.

(a)CA Penal Law Code § 1203.085(a) Any person convicted of an offense punishable by imprisonment in the state prison but without an alternate sentence to a county jail shall not be granted probation or have the execution or imposition of sentence suspended, if the offense was committed while the person was on parole from state prison pursuant to Section 3000, following a term of imprisonment imposed for a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7.
(b)CA Penal Law Code § 1203.085(b) Any person convicted of a violent felony, as defined in subdivision (c) of Section 667.5, or a serious felony, as defined in subdivision (c) of Section 1192.7, shall not be granted probation or have the execution or imposition of sentence suspended, if the offense was committed while the person was on parole from state prison pursuant to Section 3000.
(c)CA Penal Law Code § 1203.085(c) The existence of any fact that would make a person ineligible for probation under subdivision (a) or (b) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.

Section § 1203.095

Explanation

This law states that if someone is convicted of certain violent offenses and is given probation or a suspended sentence, they must serve a minimum jail time—six months for some offenses and three months for others. However, in rare situations where it serves justice better, a judge can decide not to enforce these jail terms. When doing so, the judge must clearly document the reasons for opting out of the minimum jail time. Additionally, this statute does not prevent pausing criminal proceedings for certain other legal processes.

(a)CA Penal Law Code § 1203.095(a) Except as provided in subdivision (b), but notwithstanding any other provision of law, if any person convicted of a violation of paragraph (2) of subdivision (a) of Section 245, of a violation of paragraph (1) of subdivision (d) of Section 245, of a violation of Section 246, or a violation of subdivision (c) of Section 417, is granted probation or the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned for at least six months, and if any person convicted of a violation of paragraph (2) of subdivision (a) of Section 417 is granted probation or the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned for at least three months.
(b)CA Penal Law Code § 1203.095(b) The provisions of subdivision (a) shall apply except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the imprisonment required by subdivision (a), or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (a), in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by such a disposition.
(c)CA Penal Law Code § 1203.095(c) This section does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.

Section § 1203.096

Explanation

If someone is convicted of a felony and sentenced to state prison, the court can recommend that the person attend a counseling or education program with a focus on substance abuse during their imprisonment.

This recommendation is made if the court finds the person was under the influence of alcohol or drugs when the crime was committed, has a history of substance abuse, or their crime is drug-related.

(a)CA Penal Law Code § 1203.096(a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned.
(b)CA Penal Law Code § 1203.096(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true:
(1)CA Penal Law Code § 1203.096(b)(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages.
(2)CA Penal Law Code § 1203.096(b)(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance.
(3)CA Penal Law Code § 1203.096(b)(3) That the defendant has a demonstrated history of substance abuse.
(4)CA Penal Law Code § 1203.096(b)(4) That the offense or offenses for which the defendant was convicted are drug related.

Section § 1203.097

Explanation

If someone is placed on probation for a crime involving domestic abuse, the probation must include specific requirements. Probation will last at least 36 months, possibly including summary probation. The court must issue a protective order for the victim, and the defendant will need to pay a $500 fee, unless they can't afford it, which helps fund domestic violence programs.

The defendant must also complete a batterer's program that lasts at least a year and participate in community service. During probation, the defendant will have to follow certain conditions like attending therapy sessions, and the probation cannot end until necessary fees for the program are paid. If the defendant doesn't meet these requirements, a court hearing could decide further actions, such as additional penalties.

The probation department plays a central role by evaluating appropriate programs for the defendant, considering their overall background and circumstances. Programs must meet specific standards to be court-approved, ensuring they effectively address the issues surrounding domestic violence and promote rehabilitation.

(a)CA Penal Law Code § 1203.097(a) If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following:
(1)CA Penal Law Code § 1203.097(a)(1) A minimum period of probation of 36 months, which may include a period of summary probation as appropriate.
(2)CA Penal Law Code § 1203.097(a)(2) A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, the safety of the victim and their immediate family, and the information provided to the court pursuant to Section 273.75.
(3)CA Penal Law Code § 1203.097(a)(3) Notice to the victim of the disposition of the case.
(4)CA Penal Law Code § 1203.097(a)(4) Booking the defendant within one week of sentencing if the defendant has not already been booked.
(5)Copy CA Penal Law Code § 1203.097(a)(5)
(A)Copy CA Penal Law Code § 1203.097(a)(5)(A) A minimum payment by the defendant of a fee of five hundred dollars ($500) to be disbursed as specified in this paragraph. If, after a hearing in open court, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee. If the court exercises its discretion to reduce or waive the fee, it shall state the reason on the record.
(B)CA Penal Law Code § 1203.097(a)(5)(A)(B) Two-thirds of the moneys deposited with the county treasurer pursuant to this section shall be retained by counties and deposited in the domestic violence programs special fund created pursuant to Section 18305 of the Welfare and Institutions Code, to be expended for the purposes of Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code. Of the moneys deposited in the domestic violence programs special fund, no more than 8 percent may be used for administrative costs, as specified in Section 18305 of the Welfare and Institutions Code.
(C)CA Penal Law Code § 1203.097(a)(5)(A)(C) The remaining one-third of the moneys shall be transferred, once a month, to the Controller for deposit in equal amounts in the Domestic Violence Restraining Order Reimbursement Fund and in the Domestic Violence Training and Education Fund, which are hereby created, in an amount equal to one-third of funds collected during the preceding month. Moneys deposited into these funds pursuant to this section shall be available upon appropriation by the Legislature and shall be distributed each fiscal year as follows:
(i)CA Penal Law Code § 1203.097(a)(5)(A)(C)(i) Funds from the Domestic Violence Restraining Order Reimbursement Fund shall be distributed to local law enforcement or other criminal justice agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (b) of Section 6380 of the Family Code, based on the annual notification from the Department of Justice of the number of restraining orders issued and registered in the state domestic violence restraining order registry maintained by the Department of Justice, for the development and maintenance of the domestic violence restraining order databank system.
(ii)CA Penal Law Code § 1203.097(a)(5)(A)(C)(ii) Funds from the Domestic Violence Training and Education Fund shall support a statewide training and education program to increase public awareness of domestic violence and to improve the scope and quality of services provided to the victims of domestic violence. Grants to support this program shall be awarded on a competitive basis and be administered by the State Department of Public Health, in consultation with the statewide domestic violence coalition, which is eligible to receive funding under this section.
(D)CA Penal Law Code § 1203.097(a)(5)(A)(D) The fee imposed by this paragraph shall be treated as a fee, not as a fine, and shall not be subject to reduction for time served as provided pursuant to Section 1205 or 2900.5.
(E)CA Penal Law Code § 1203.097(a)(5)(A)(E) The fee imposed by this paragraph may be collected by the collecting agency, or the agency’s designee, after the termination of the period of probation, whether probation is terminated by revocation or by completion of the term.
(6)CA Penal Law Code § 1203.097(a)(6) Successful completion of a batterer’s program, as defined in subdivision (c), or if none is available, another appropriate counseling program designated by the court, for a period not less than one year with periodic progress reports by the program to the court every three months or less and weekly sessions of a minimum of two hours class time duration. The defendant shall attend consecutive weekly sessions, unless granted an excused absence for good cause by the program for no more than three individual sessions during the entire program, and shall complete the program within 18 months, unless, after a hearing, the court finds good cause to modify the requirements of consecutive attendance or completion within 18 months.
(7)Copy CA Penal Law Code § 1203.097(a)(7)
(A)Copy CA Penal Law Code § 1203.097(a)(7)(A) (i) The court shall order the defendant to comply with all probation requirements, including the requirements to attend counseling, keep all program appointments, and pay program fees based upon the ability to pay.
(ii)CA Penal Law Code § 1203.097(a)(7)(A)(ii) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant’s changed circumstances, the court may reduce or waive the fees.
(B)CA Penal Law Code § 1203.097(a)(7)(A)(B) Upon request by the batterer’s program, the court shall provide the defendant’s arrest report, prior incidents of violence, and treatment history to the program.
(8)CA Penal Law Code § 1203.097(a)(8) The court also shall order the defendant to perform a specified amount of appropriate community service, as designated by the court. The defendant shall present the court with proof of completion of community service and the court shall determine if the community service has been satisfactorily completed. If sufficient staff and resources are available, the community service shall be performed under the jurisdiction of the local agency overseeing a community service program.
(9)CA Penal Law Code § 1203.097(a)(9) If the program finds that the defendant is unsuitable, the program shall immediately contact the probation department or the court. The probation department or court shall either recalendar the case for hearing or refer the defendant to an appropriate alternative batterer’s program.
(10)Copy CA Penal Law Code § 1203.097(a)(10)
(A)Copy CA Penal Law Code § 1203.097(a)(10)(A) Upon recommendation of the program, a court shall require a defendant to participate in additional sessions throughout the probationary period, unless it finds that it is not in the interests of justice to do so, states its reasons on the record, and enters them into the minutes. In deciding whether the defendant would benefit from more sessions, the court shall consider whether any of the following conditions exists:
(i)CA Penal Law Code § 1203.097(a)(10)(A)(i) The defendant has been violence free for a minimum of six months.
(ii)CA Penal Law Code § 1203.097(a)(10)(A)(ii) The defendant has cooperated and participated in the batterer’s program.
(iii)CA Penal Law Code § 1203.097(a)(10)(A)(iii) The defendant demonstrates an understanding of and practices positive conflict resolution skills.
(iv)CA Penal Law Code § 1203.097(a)(10)(A)(iv) The defendant blames, degrades, or has committed acts that dehumanize the victim or puts at risk the victim’s safety, including, but not limited to, molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim.
(v)CA Penal Law Code § 1203.097(a)(10)(A)(v) The defendant demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship.
(vi)CA Penal Law Code § 1203.097(a)(10)(A)(vi) The defendant has made threats to harm anyone in any manner.
(vii)CA Penal Law Code § 1203.097(a)(10)(A)(vii) The defendant has complied with applicable requirements under paragraph (6) of subdivision (c) or subparagraph (C) to receive alcohol counseling, drug counseling, or both.
(viii)CA Penal Law Code § 1203.097(a)(10)(A)(viii) The defendant demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim.
(B)CA Penal Law Code § 1203.097(a)(10)(A)(B) The program shall immediately report any violation of the terms of the protective order, including any new acts of violence or failure to comply with the program requirements, to the court, the prosecutor, and, if formal probation has been ordered, to the probation department. The probationer shall file proof of enrollment in a batterer’s program with the court within 30 days of conviction.
(C)CA Penal Law Code § 1203.097(a)(10)(A)(C) Concurrent with other requirements under this section, in addition to, and not in lieu of, the batterer’s program, and unless prohibited by the referring court, the probation department or the court may make provisions for a defendant to use their resources to enroll in a chemical dependency program or to enter voluntarily a licensed chemical dependency recovery hospital or residential treatment program that has a valid license issued by the state to provide alcohol or drug services to receive program participation credit, as determined by the court. The probation department shall document evidence of this hospital or residential treatment participation in the defendant’s program file.
(11)CA Penal Law Code § 1203.097(a)(11) The conditions of probation may include, in lieu of a fine, but not in lieu of the fund payment required under paragraph (5), one or more of the following requirements:
(A)CA Penal Law Code § 1203.097(a)(11)(A) That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000).
(B)CA Penal Law Code § 1203.097(a)(11)(B) That the defendant reimburse the victim for reasonable expenses that the court finds are the direct result of the defendant’s offense.
For any order to pay a fine, to make payments to a domestic violence shelter-based program, or to pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendant’s ability to pay. Determination of a defendant’s ability to pay may include their future earning capacity. A defendant shall bear the burden of demonstrating lack of their ability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required. In no event shall any order to make payments to a domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. When the injury to a married person is caused, in whole or in part, by the criminal acts of their spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, as required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse, until all separate property of the offending spouse is exhausted.
(12)CA Penal Law Code § 1203.097(12) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, is not benefiting from counseling, or has engaged in criminal conduct, upon request of the probation officer, the prosecuting attorney, or on its own motion, the court, as a priority calendar item, shall hold a hearing to determine whether further sentencing should proceed. The court may consider factors, including, but not limited to, any violence by the defendant against the former or a new victim while on probation and noncompliance with any other specific condition of probation. If the court finds that the defendant is not performing satisfactorily in the assigned program, is not benefiting from the program, has not complied with a condition of probation, or has engaged in criminal conduct, the court shall terminate the defendant’s participation in the program and shall proceed with further sentencing.
(b)CA Penal Law Code § 1203.097(b) If a person is granted formal probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, in addition to the terms specified in subdivision (a), all of the following shall apply:
(1)CA Penal Law Code § 1203.097(b)(1) The probation department shall make an investigation and take into consideration the defendant’s age, medical history, employment and service records, educational background, community and family ties, prior incidents of violence, police report, treatment history, if any, demonstrable motivation, and other mitigating factors in determining which batterer’s program would be appropriate for the defendant. This information shall be provided to the batterer’s program if it is requested. The probation department shall also determine which community programs the defendant would benefit from and which of those programs would accept the defendant. The probation department shall report its findings and recommendations to the court.
(2)CA Penal Law Code § 1203.097(b)(2) The court shall advise the defendant that the failure to report to the probation department for the initial investigation, as directed by the court, or the failure to enroll in a specified program, as directed by the court or the probation department, shall result in possible further incarceration. The court, in the interests of justice, may relieve the defendant from the prohibition set forth in this subdivision based upon the defendant’s mistake or excusable neglect. Application for this relief shall be filed within 20 court days of the missed deadline. This time limitation may not be extended. A copy of any application for relief shall be served on the office of the prosecuting attorney.
(3)CA Penal Law Code § 1203.097(b)(3) After the court orders the defendant to a batterer’s program, the probation department shall conduct an initial assessment of the defendant, including, but not limited to, all of the following:
(A)CA Penal Law Code § 1203.097(b)(3)(A) Social, economic, and family background.
(B)CA Penal Law Code § 1203.097(b)(3)(B) Education.
(C)CA Penal Law Code § 1203.097(b)(3)(C) Vocational achievements.
(D)CA Penal Law Code § 1203.097(b)(3)(D) Criminal history.
(E)CA Penal Law Code § 1203.097(b)(3)(E) Medical history.
(F)CA Penal Law Code § 1203.097(b)(3)(F) Substance abuse history.
(G)CA Penal Law Code § 1203.097(b)(3)(G) Consultation with the probation officer.
(H)CA Penal Law Code § 1203.097(b)(3)(H) Verbal consultation with the victim, only if the victim desires to participate.
(I)CA Penal Law Code § 1203.097(b)(3)(I) Assessment of the future probability of the defendant committing murder.
(4)CA Penal Law Code § 1203.097(b)(4) The probation department shall attempt to notify the victim regarding the requirements for the defendant’s participation in the batterer’s program, as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(c)CA Penal Law Code § 1203.097(c) The court or the probation department shall refer defendants only to batterer’s programs that follow standards outlined in paragraph (1), which may include, but are not limited to, lectures, classes, group discussions, and counseling. The probation department shall design and implement an approval and renewal process for batterer’s programs and shall solicit input from criminal justice agencies and domestic violence victim advocacy programs.
(1)CA Penal Law Code § 1203.097(c)(1) The goal of a batterer’s program under this section shall be to stop domestic violence. A batterer’s program shall consist of the following components:
(A)CA Penal Law Code § 1203.097(c)(1)(A) Strategies to hold the defendant accountable for the violence in a relationship, including, but not limited to, providing the defendant with a written statement that the defendant shall be held accountable for acts or threats of domestic violence.
(B)CA Penal Law Code § 1203.097(c)(1)(B) A requirement that the defendant participate in ongoing same-gender group sessions.
(C)CA Penal Law Code § 1203.097(c)(1)(C) An initial intake that provides written definitions to the defendant of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.
(D)CA Penal Law Code § 1203.097(c)(1)(D) Procedures to inform the victim regarding the requirements for the defendant’s participation in the intervention program as well as regarding available victim resources. The victim also shall be informed that attendance in any program does not guarantee that an abuser will not be violent.
(E)CA Penal Law Code § 1203.097(c)(1)(E) A requirement that the defendant attend group sessions free of chemical influence.
(F)CA Penal Law Code § 1203.097(c)(1)(F) Educational programming that examines, at a minimum, gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
(G)CA Penal Law Code § 1203.097(c)(1)(G) A requirement that excludes any couple counseling or family counseling, or both.
(H)CA Penal Law Code § 1203.097(c)(1)(H) Procedures that give the program the right to assess whether or not the defendant would benefit from the program and to refuse to enroll the defendant if it is determined that the defendant would not benefit from the program, so long as the refusal is not because of the defendant’s inability to pay. If possible, the program shall suggest an appropriate alternative program.
(I)CA Penal Law Code § 1203.097(c)(1)(I) Program staff who, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse, the dynamics of violence and abuse, the law, and procedures of the legal system.
(J)CA Penal Law Code § 1203.097(c)(1)(J) Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers.
(K)CA Penal Law Code § 1203.097(c)(1)(K) A requirement that the defendant enter into a written agreement with the program, which shall include an outline of the contents of the program, the attendance requirements, the requirement to attend group sessions free of chemical influence, and a statement that the defendant may be removed from the program if it is determined that the defendant is not benefiting from the program or is disruptive to the program.
(L)CA Penal Law Code § 1203.097(c)(1)(L) A requirement that the defendant sign a confidentiality statement prohibiting disclosure of any information obtained through participating in the program or during group sessions regarding other participants in the program.
(M)CA Penal Law Code § 1203.097(c)(1)(M) Program content that provides cultural and ethnic sensitivity.
(N)CA Penal Law Code § 1203.097(c)(1)(N) A requirement of a written referral from the court or probation department prior to permitting the defendant to enroll in the program. The written referral shall state the number of minimum sessions required by the court.
(O)CA Penal Law Code § 1203.097(c)(1)(O) Procedures for submitting to the probation department all of the following uniform written responses:
(i)CA Penal Law Code § 1203.097(c)(1)(O)(i) Proof of enrollment, to be submitted to the court and the probation department and to include the fee determined to be charged to the defendant, based upon the ability to pay, for each session.
(ii)CA Penal Law Code § 1203.097(c)(1)(O)(ii) Periodic progress reports that include attendance, fee payment history, and program compliance.
(iii)CA Penal Law Code § 1203.097(c)(1)(O)(iii) Final evaluation that includes the program’s evaluation of the defendant’s progress, using the criteria set forth in subparagraph (A) of paragraph (10) of subdivision (a), and recommendation for either successful or unsuccessful termination or continuation in the program.
(P)CA Penal Law Code § 1203.097(c)(1)(P) A sliding fee schedule based on the defendant’s ability to pay. The batterer’s program shall develop and utilize a sliding fee scale that recognizes both the defendant’s ability to pay and the necessity of programs to meet overhead expenses. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee, if the defendant has the ability to pay the nominal fee. Upon a hearing and a finding by the court that the defendant does not have the financial ability to pay the nominal fee, the court shall waive this fee. The payment of the fee shall be made a condition of probation if the court determines the defendant has the present ability to pay the fee. The fee shall be paid during the term of probation unless the program sets other conditions. The acceptance policies shall be in accordance with the scaled fee system.
(2)CA Penal Law Code § 1203.097(c)(2) The court shall refer persons only to batterer’s programs that have been approved by the probation department pursuant to paragraph (5). The probation department shall do both of the following:
(A)CA Penal Law Code § 1203.097(c)(2)(A) Provide for the issuance of a provisional approval, provided that the applicant is in substantial compliance with applicable laws and regulations and an urgent need for approval exists. A provisional approval shall be considered an authorization to provide services and shall not be considered a vested right.
(B)CA Penal Law Code § 1203.097(c)(2)(B) If the probation department determines that a program is not in compliance with standards set by the department, the department shall provide written notice of the noncompliant areas to the program. The program shall submit a written plan of corrections within 14 days from the date of the written notice on noncompliance. A plan of correction shall include, but not be limited to, a description of each corrective action and timeframe for implementation. The department shall review and approve all or any part of the plan of correction and notify the program of approval or disapproval in writing. If the program fails to submit a plan of correction or fails to implement the approved plan of correction, the department shall consider whether to revoke or suspend approval and, upon revoking or suspending approval, shall have the option to cease referrals of defendants under this section.
(3)CA Penal Law Code § 1203.097(c)(3) No program, regardless of its source of funding, shall be approved unless it meets all of the following standards:
(A)CA Penal Law Code § 1203.097(c)(3)(A) The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions.
(B)CA Penal Law Code § 1203.097(c)(3)(B) Supervision of the defendant for the purpose of evaluating the person’s progress in the program.
(C)CA Penal Law Code § 1203.097(c)(3)(C) Adequate reporting requirements to ensure that all persons who, after being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete, the program or for the successful completion of the program as ordered. The program shall notify the court and the probation department, in writing, within the period of time and in the manner specified by the court of any person who fails to complete the program. Notification shall be given if the program determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling.
(D)CA Penal Law Code § 1203.097(c)(3)(D) No victim shall be compelled to participate in a program or counseling, and no program may condition a defendant’s enrollment on participation by the victim.
(4)CA Penal Law Code § 1203.097(c)(4) In making referrals of indigent defendants to approved batterer’s programs, the probation department shall apportion these referrals evenly among the approved programs.
(5)CA Penal Law Code § 1203.097(c)(5) The probation department shall have the sole authority to approve a batterer’s program for probation. The program shall be required to obtain only one approval but shall renew that approval annually.
(A)CA Penal Law Code § 1203.097(c)(5)(A) The procedure for the approval of a new or existing program shall include all of the following:
(i)CA Penal Law Code § 1203.097(c)(5)(A)(i) The completion of a written application containing necessary and pertinent information describing the applicant program.
(ii)CA Penal Law Code § 1203.097(c)(5)(A)(ii) The demonstration by the program that it possesses adequate administrative and operational capability to operate a batterer’s treatment program. The program shall provide documentation to prove that the program has conducted batterer’s programs for at least one year prior to application. This requirement may be waived under subparagraph (A) of paragraph (2) if there is no existing batterer’s program in the city, county, or city and county.
(iii)CA Penal Law Code § 1203.097(c)(5)(A)(iii) The onsite review of the program, including monitoring of a session to determine that the program adheres to applicable statutes and regulations.
(iv)CA Penal Law Code § 1203.097(c)(5)(A)(iv) The payment of the approval fee.
(B)CA Penal Law Code § 1203.097(c)(5)(B) The probation department shall fix a fee for approval not to exceed two hundred fifty dollars ($250) and for approval renewal not to exceed two hundred fifty dollars ($250) every year in an amount sufficient to cover its costs in administering the approval process under this section. No fee shall be charged for the approval of local governmental entities.
(C)CA Penal Law Code § 1203.097(c)(5)(C) The probation department has the sole authority to approve the issuance, denial, suspension, or revocation of approval and to cease new enrollments or referrals to a batterer’s program under this section. The probation department shall review information relative to a program’s performance or failure to adhere to standards, or both. The probation department may suspend or revoke an approval issued under this subdivision or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by probation, including, but not limited to, either of the following:
(i)CA Penal Law Code § 1203.097(c)(5)(C)(i) Violation of this section by any person holding approval or by a program employee in a program under this section.
(ii)CA Penal Law Code § 1203.097(c)(5)(C)(ii) Misrepresentation of any material fact in obtaining the approval.
(6)CA Penal Law Code § 1203.097(c)(6) For defendants who are chronic users or serious abusers of drugs or alcohol, standard components in the program shall include concurrent counseling for substance abuse and violent behavior, and in appropriate cases, detoxification and abstinence from the abused substance.
(7)CA Penal Law Code § 1203.097(c)(7) The program shall conduct an exit conference that assesses the defendant’s progress during the defendant’s participation in the batterer’s program.
(d)CA Penal Law Code § 1203.097(d) An act or omission relating to the approval of a batterer’s treatment programs under paragraph (5) of subdivision (c) is a discretionary act pursuant to Section 820.2 of the Government Code.

Section § 1203.098

Explanation

This law outlines the requirements for someone to work as a facilitator in a batterers’ intervention program in California. Firstly, they must complete 40 hours of basic training that covers various aspects of domestic violence, including victim safety, cultural diversity, substance abuse, group dynamics, and legal matters. Part of this training must be provided by shelter-based trainers. Secondly, they must gain practical experience, working as a trainee for at least 52 weeks or 104 hours over six months in an approved program.

A facilitator must also undergo 16 hours of continuing education per year, focusing on domestic violence. An experienced facilitator is not subject to the same supervision requirements if they meet specific qualifications, such as having completed the 40-hour training and having documented experience.

There are provisions for exemptions from these requirements if someone has completed equivalent training, provides batterers' treatment in jail programs with adequate qualifications, or faces a specified hardship.

(a)CA Penal Law Code § 1203.098(a) Unless otherwise provided, a person who works as a facilitator in a batterers’ intervention program that provides programs for batterers pursuant to subdivision (c) of Section 1203.097 shall complete the following requirements before being eligible to work as a facilitator in a batterers’ intervention program:
(1)CA Penal Law Code § 1203.098(a)(1) Forty hours of basic core training. A minimum of eight hours of this instruction shall be provided by a shelter-based or shelter-approved trainer. The core curriculum shall include the following components:
(A)CA Penal Law Code § 1203.098(a)(1)(A) A minimum of eight hours in basic domestic violence knowledge focusing on victim safety and the role of domestic violence shelters in a community-coordinated response.
(B)CA Penal Law Code § 1203.098(a)(1)(B) A minimum of eight hours in multicultural, cross-cultural, and multiethnic diversity and domestic violence.
(C)CA Penal Law Code § 1203.098(a)(1)(C) A minimum of four hours in substance abuse and domestic violence.
(D)CA Penal Law Code § 1203.098(a)(1)(D) A minimum of four hours in intake and assessment, including the history of violence and the nature of threats and substance abuse.
(E)CA Penal Law Code § 1203.098(a)(1)(E) A minimum of eight hours in group content areas focusing on gender roles and socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others as required by Section 1203.097.
(F)CA Penal Law Code § 1203.098(a)(1)(F) A minimum of four hours in group facilitation.
(G)CA Penal Law Code § 1203.098(a)(1)(G) A minimum of four hours in domestic violence and the law, ethics, all requirements specified by the probation department pursuant to Section 1203.097, and the role of batterers’ intervention programs in a coordinated-community response.
(H)CA Penal Law Code § 1203.098(a)(1)(H) Any person that provides documentation of coursework, or equivalent training, that he or she has satisfactorily completed, shall be exempt from that part of the training that was covered by the satisfactorily completed coursework.
(I)CA Penal Law Code § 1203.098(a)(1)(I) The coursework that this person performs shall count toward the continuing education requirement.
(2)CA Penal Law Code § 1203.098(a)(2) Fifty-two weeks or no less than 104 hours in six months, as a trainee in an approved batterers’ intervention program with a minimum of a two-hour group each week. A training program shall include at least one of the following:
(A)CA Penal Law Code § 1203.098(a)(2)(A) Cofacilitation internship in which an experienced facilitator is present in the room during the group session.
(B)CA Penal Law Code § 1203.098(a)(2)(B) Observation by a trainer of the trainee conducting a group session via a one-way mirror.
(C)CA Penal Law Code § 1203.098(a)(2)(C) Observation by a trainer of the trainee conducting a group session via a video or audio recording.
(D)CA Penal Law Code § 1203.098(a)(2)(D) Consultation or supervision twice a week in a six-month program or once a week in a 52-week program.
(3)CA Penal Law Code § 1203.098(a)(3) An experienced facilitator is one who has the following qualifications:
(A)CA Penal Law Code § 1203.098(a)(3)(A) Documentation on file, approved by the agency, evidencing that the experienced facilitator has the skills needed to provide quality supervision and training.
(B)CA Penal Law Code § 1203.098(a)(3)(B) Documented experience working with batterers for three years, and a minimum of two years working with batterers’ groups.
(C)CA Penal Law Code § 1203.098(a)(3)(C) Documentation by January 1, 2003, of coursework or equivalent training that demonstrates satisfactory completion of the 40-hour basic core training.
(b)CA Penal Law Code § 1203.098(b) A facilitator of a batterers’ intervention program shall complete, as a minimum continuing education requirement, 16 hours annually of continuing education in either domestic violence or a related field with a minimum of eight hours in domestic violence.
(c)CA Penal Law Code § 1203.098(c) A person or agency with a specific hardship may request the probation department, in writing, for an extension of time to complete the training or to complete alternative training options.
(d)Copy CA Penal Law Code § 1203.098(d)
(1)Copy CA Penal Law Code § 1203.098(d)(1) An experienced facilitator, as defined in paragraph (3) of subdivision (a), is not subject to the supervision requirements of this section, if he or she meets the requirements of subparagraph (C) of paragraph (3) of subdivision (a).
(2)CA Penal Law Code § 1203.098(d)(2) This section does not apply to a person who provides batterers’ treatment through a jail education program if the person in charge of that program determines that the person providing treatment has adequate education or training in domestic violence or a related field.
(e)CA Penal Law Code § 1203.098(e) A person who satisfactorily completes the training requirements of a county probation department whose training program is equivalent to or exceeds the training requirements of this act shall be exempt from the training requirements of this act.

Section § 1203.099

Explanation

This California law permits certain counties to offer specialized programs for those convicted of domestic violence, as an alternative to standard batterer programs. The alternative programs must be developed with input from domestic violence service providers, include a comprehensive risk and needs assessment for each participant, and use evidence-based or promising practices. The programs must run for at least one year unless an assessment supports a different duration. The counties must collect detailed data on offenders and report annually to the Legislature on various aspects of the program, such as the assessment tools used and the outcomes of participants. Completing these programs will satisfy the requirements typically met by standard batterer programs. The law is operative from July 1, 2019, until it is repealed on July 1, 2026.

(a)CA Penal Law Code § 1203.099(a) The Counties of Napa, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo may offer a program for individuals convicted of domestic violence that does not comply with the requirement of the batterer’s program in Sections 1203.097 and 1203.098 if the program meets all of the following conditions:
(1)CA Penal Law Code § 1203.099(a)(1) The county develops the program in consultation with the domestic violence service providers and other relevant community partners.
(2)CA Penal Law Code § 1203.099(a)(2) The county performs a risk and needs assessment utilizing an assessment demonstrated to be appropriate for domestic violence offenders for each offender entering the program.
(3)CA Penal Law Code § 1203.099(a)(3) The offender’s treatment within the program is based on the findings of the risk and needs assessment.
(4)CA Penal Law Code § 1203.099(a)(4) The program includes components which are evidence-based or promising practices.
(5)CA Penal Law Code § 1203.099(a)(5) The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities.
(6)CA Penal Law Code § 1203.099(a)(6) The offender’s treatment within the program is for not less than one year in length, unless an alternative length is established by a validated risk and needs assessment completed by the probation department or an organization approved by the probation department.
(7)CA Penal Law Code § 1203.099(a)(7) The county collects all of the following data for participants in the program:
(A)CA Penal Law Code § 1203.099(a)(7)(A) The offender’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status.
(B)CA Penal Law Code § 1203.099(a)(7)(B) The offender’s criminal history.
(C)CA Penal Law Code § 1203.099(a)(7)(C) The offender’s risk level as determined by the risk and needs assessment.
(D)CA Penal Law Code § 1203.099(a)(7)(D) The treatment provided to the offender during the program and if the offender completed that treatment.
(E)CA Penal Law Code § 1203.099(a)(7)(E) The offender’s outcome at the time of program completion, and six months after completion, including subsequent restraining order violations, arrests and convictions, and feedback provided by the victim if the victim desires to participate.
(8)CA Penal Law Code § 1203.099(a)(8) The county reports all of the following information annually to the Legislature:
(A)CA Penal Law Code § 1203.099(a)(8)(A) The risk and needs assessment tool used for the program.
(B)CA Penal Law Code § 1203.099(a)(8)(B) The curriculum used by each program.
(C)CA Penal Law Code § 1203.099(a)(8)(C) The number of participants with a program length other than one year, and the alternative program lengths used.
(D)CA Penal Law Code § 1203.099(a)(8)(D) Individual data on the number of offenders participating in the program.
(E)CA Penal Law Code § 1203.099(a)(8)(E) Individual data for the items described in paragraph (7).
(b)CA Penal Law Code § 1203.099(b) Offenders who complete a program described in subdivision (a) shall be deemed to have met the batterer’s program requirements set forth in Section 1203.097.
(c)CA Penal Law Code § 1203.099(c) As used in this section, the following definitions shall apply:
(1)CA Penal Law Code § 1203.099(c)(1) “Evidence-based program or practice” means a program or practice that has a high level of research indicating its effectiveness, determined as a result of multiple rigorous evaluations including randomized controlled trials and evaluations that incorporate strong comparison group designs, or a single large multisite randomized study, and, typically, has specified procedures that allow for successful replication.
(2)CA Penal Law Code § 1203.099(c)(2) “Promising program or practice” means a program or practice that has some research demonstrating its effectiveness but does not meet the full criteria for an evidence-based designation.
(d)CA Penal Law Code § 1203.099(d) A report to be submitted pursuant to paragraph (8) of subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(e)CA Penal Law Code § 1203.099(e) This section shall become operative on July 1, 2019.
(f)CA Penal Law Code § 1203.099(f) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.

Section § 1203.425

Explanation

This law outlines the process for automatic conviction relief in California, starting October 1, 2024, to help certain eligible individuals have their conviction records cleared without needing to apply. To qualify, the person must not be a registered sex offender, not under any supervision, and not currently serving a sentence. The law specifies that crimes committed on or after January 1, 1973, may qualify, with further criteria depending on whether the conviction was a misdemeanor, infraction, or felony.

Relief means dismissal of the conviction, where details will be noted in criminal history records as 'relief granted'. However, this relief does not apply to certain circumstances, such as when applying for public office or as a peace officer. A prosecutor can challenge relief if public safety is a concern. Eligible individuals can confirm relief was granted.

(a)Copy CA Penal Law Code § 1203.425(a)
(1)Copy CA Penal Law Code § 1203.425(a)(1) (A) Commencing October 1, 2024, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief.
(B)CA Penal Law Code § 1203.425(a)(1)(B) A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:
(i)CA Penal Law Code § 1203.425(a)(1)(B)(i) The person is not required to register pursuant to the Sex Offender Registration Act.
(ii)CA Penal Law Code § 1203.425(a)(1)(B)(ii) The person does not have an active record for local, state, or federal supervision in the Supervised Release File.
(iii)CA Penal Law Code § 1203.425(a)(1)(B)(iii) Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges.
(iv)CA Penal Law Code § 1203.425(a)(1)(B)(iv) The conviction meets either of the following criteria:
(I)CA Penal Law Code § 1203.425(a)(1)(B)(iv)(I) The conviction occurred on or after January 1, 1973, and meets either of the following criteria:
(ia) The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in the department’s records, appears to have completed their term of probation without revocation.
(ib) The defendant was convicted of an infraction or misdemeanor other than one eligible under sub-subclause (ia), and, based upon the disposition date and the term specified in the department’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment.
(II) The conviction occurred on or after January 1, 1973, the defendant was convicted of a felony other than one for which the defendant completed probation without revocation, and based upon the disposition date and the sentence specified in the department’s records, appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of four years has elapsed since the date on which the defendant completed probation or supervision for that conviction and during which the defendant was not convicted of a new felony offense. This subclause does not apply to a conviction of a serious felony defined in subdivision (c) of Section 1192.7, a violent felony as defined in Section 667.5, or a felony offense requiring registration pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.
(2)Copy CA Penal Law Code § 1203.425(a)(2)
(A)Copy CA Penal Law Code § 1203.425(a)(2)(A) Except as specified in subdivision (b), the department shall grant relief, including dismissal of a conviction, to a person identified pursuant to paragraph (1) without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records.
(B)CA Penal Law Code § 1203.425(a)(2)(A)(B) The state summary criminal history information shall include, directly next to or below the entry or entries regarding the person’s criminal record, a note stating “relief granted,” listing the date that the department granted relief and this section. This note shall be included in all statewide criminal databases with a record of the conviction.
(C)CA Penal Law Code § 1203.425(a)(2)(A)(C) Except as otherwise provided in paragraph (4) and in Section 13555 of the Vehicle Code, a person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted.
(3)Copy CA Penal Law Code § 1203.425(a)(3)
(A)Copy CA Penal Law Code § 1203.425(a)(3)(A) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section. Commencing on January 1, 2023, for any record retained by the court pursuant to Section 68152 of the Government Code, except as provided in paragraph (4), the court shall not disclose information concerning a conviction granted relief pursuant to this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.
(B)CA Penal Law Code § 1203.425(a)(3)(A)(B) If probation is transferred pursuant to Section 1203.9, the department shall electronically submit a notice as provided in subparagraph (A) to both the transferring court and any subsequent receiving court. The electronic notice shall be in a mutually agreed upon format.
(C)CA Penal Law Code § 1203.425(a)(3)(A)(C) If a receiving court reduces a felony to a misdemeanor pursuant to subdivision (b) of Section 17, or dismisses a conviction pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.43, or 1203.49, it shall furnish a disposition report to the department with the original case number and CII number from the transferring court. The department shall electronically submit a notice to the superior court that sentenced the defendant. If probation is transferred multiple times, the department shall electronically submit a notice to all other involved courts. The electronic notice shall be in a mutually agreed upon format.
(D)CA Penal Law Code § 1203.425(a)(3)(A)(D) If a court receives notification from the department pursuant to subparagraph (B), the court shall update its records to reflect the reduction or dismissal. If a court receives notification that a case was dismissed pursuant to this section or Section 1203.4, 1203.4a, 1203.41, or 1203.42, the court shall update its records to reflect the dismissal and shall not disclose information concerning a conviction granted relief to any person or entity, in any format, except to the person whose conviction was granted relief or a criminal justice agency, as defined in Section 851.92.
(4)CA Penal Law Code § 1203.425(a)(4) Relief granted pursuant to this section is subject to the following conditions:
(A)CA Penal Law Code § 1203.425(a)(4)(A) Relief granted pursuant to this section does not relieve a person of the obligation to disclose a criminal conviction in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830.
(B)CA Penal Law Code § 1203.425(a)(4)(B) Relief granted pursuant to this section does not relieve a person of the obligation to disclose the conviction in response to a direct question contained in a questionnaire or application for public office, for enrollment as a provider of in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, or for contracting with the California State Lottery Commission.
(C)CA Penal Law Code § 1203.425(a)(4)(C) Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted.
(D)CA Penal Law Code § 1203.425(a)(4)(D) Relief granted pursuant to this section does not limit the jurisdiction of the court over a subsequently filed motion to amend the record, petition or motion for postconviction relief, or collateral attack on a conviction for which relief has been granted pursuant to this section.
(E)CA Penal Law Code § 1203.425(a)(4)(E) Relief granted pursuant to this section does not affect a person’s authorization to own, possess, or have in the person’s custody or control a firearm, or the person’s susceptibility to conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, if the criminal conviction would otherwise affect this authorization or susceptibility.
(F)CA Penal Law Code § 1203.425(a)(4)(F) Relief granted pursuant to this section does not affect a prohibition from holding public office that would otherwise apply under law as a result of the criminal conviction.
(G)CA Penal Law Code § 1203.425(a)(4)(G) Relief granted pursuant to this section does not release a person from the terms and conditions of any unexpired criminal protective order that has been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying conviction.
(H)CA Penal Law Code § 1203.425(a)(4)(H) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or pursuant to any statutory or regulatory provisions that incorporate the criteria of those sections.
(I)CA Penal Law Code § 1203.425(a)(4)(I) Relief granted pursuant to this section does not make eligible a person who is otherwise ineligible under state or federal law or regulation to provide, or receive payment for providing, in-home supportive services and waiver personal care services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or pursuant to Section 14132.95, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code.
(J)CA Penal Law Code § 1203.425(a)(4)(J) In a subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved and shall have the same effect as if the relief had not been granted.
(K)Copy CA Penal Law Code § 1203.425(a)(4)(K)
(i)Copy CA Penal Law Code § 1203.425(a)(4)(K)(i) Relief granted pursuant to this section does not affect the authority to receive, or take adverse action based on, criminal history information, including the authority to receive certified court records received or evaluated pursuant to Article 1 (commencing with Section 44000) of Chapter 1, Article 3 (commencing with Section 44240) and Article 8 (commencing with Section 44330) of Chapter 2, Article 1 (commencing with Section 44420) of Chapter 3, Article 3 (commencing with Section 44930) of Chapter 4, Article 1 (commencing with Section 45100) and Article 6 (commencing with Section 45240) of Chapter 5, of Part 25 of Division 3 of Title 2 of the Education Code, or pursuant to any statutory or regulatory provisions that relate to, incorporate, expand upon, or interpret the authority of those provisions.
(ii)CA Penal Law Code § 1203.425(a)(4)(K)(i)(ii) Notwithstanding clause (i) or any other law, information for a conviction for a controlled substance offense listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that is more than five years old, for which relief is granted pursuant to this section, shall not be disclosed.
(L)CA Penal Law Code § 1203.425(a)(4)(L) Relief granted pursuant to this section does not release the defendant from the terms and conditions of any unexpired criminal protective orders that have been issued by the court pursuant to paragraph (1) of subdivision (i) of Section 136.2, subdivision (j) of Section 273.5, subdivision (l) of Section 368, or subdivision (k) of Section 646.9. These protective orders shall remain in full effect until expiration or until any further order by the court modifying or terminating the order, despite the dismissal of the underlying accusation or information.
(5)CA Penal Law Code § 1203.425(a)(5) This section does not limit petitions, motions, or orders for relief in a criminal case, as required or authorized by any other law, including, but not limited to, Sections 1016.5, 1203.4, 1203.4a, 1203.4b, 1203.41, 1203.42, 1203.49, and 1473.7. This section does not limit petitions for a certificate of rehabilitation or pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3.
(6)CA Penal Law Code § 1203.425(a)(6) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, the department shall annually publish statistics for each county regarding the total number of convictions granted relief pursuant to this section and the total number of convictions prohibited from automatic relief pursuant to subdivision (b), on the OpenJustice Web portal, as defined in Section 13010.
(7)CA Penal Law Code § 1203.425(a)(7) Upon request from the subject of the record for a copy of their state summary criminal history information record made in accordance with Sections 11122 and 11123, the department shall furnish a copy of the record to the subject of the record or to an individual designated by them in accordance with Section 11124 to provide confirmation that relief was granted pursuant to this section.
(b)Copy CA Penal Law Code § 1203.425(b)
(1)Copy CA Penal Law Code § 1203.425(b)(1) The prosecuting attorney or probation department may, no later than 90 calendar days before the date of a person’s eligibility for relief pursuant to this section, file a petition to prohibit the department from granting automatic relief pursuant to this section, based on a showing that granting that relief would pose a substantial threat to the public safety. If probation was transferred pursuant to Section 1203.9, the prosecuting attorney or probation department in either the receiving county or the transferring county shall file the petition in the county of current jurisdiction.
(2)CA Penal Law Code § 1203.425(b)(2) The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed.
(3)CA Penal Law Code § 1203.425(b)(3) At a hearing on the petition pursuant to this subdivision, the defendant, the probation department, the prosecuting attorney, and the arresting agency, through the prosecuting attorney, may present evidence to the court. Notwithstanding Sections 1538.5 and 1539, the hearing may be heard and determined upon declarations, affidavits, police investigative reports, copies of state summary criminal history information and local summary criminal history information, or any other evidence submitted by the parties that is material, reliable, and relevant.
(4)CA Penal Law Code § 1203.425(b)(4) The prosecutor or probation department has the initial burden of proof to show that granting conviction relief would pose a substantial threat to the public safety. In determining whether granting relief would pose a substantial threat to the public safety, the court may consider any relevant factors, including, but not limited to, either of the following:
(A)CA Penal Law Code § 1203.425(b)(4)(A) Declarations or evidence regarding the offense for which a grant of relief is being contested.
(B)CA Penal Law Code § 1203.425(b)(4)(B) The defendant’s record of arrests and convictions.
(5)CA Penal Law Code § 1203.425(b)(5) If the court finds that the prosecutor or probation department has satisfied the burden of proof, the burden shifts to the defendant to show that the hardship of not obtaining relief outweighs the threat to the public safety of providing relief. In determining whether the defendant’s hardship outweighs the threat to the public safety, the court may consider any relevant factors, including, but not limited to, either of the following:
(A)CA Penal Law Code § 1203.425(b)(5)(A) The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted.
(B)CA Penal Law Code § 1203.425(b)(5)(B) Declarations or evidence regarding the defendant’s good character.
(6)CA Penal Law Code § 1203.425(b)(6) If the court grants a petition pursuant to this subdivision, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief pursuant to this section was denied, and the department shall not grant relief pursuant to this section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice to the transferring court, and, if probation was transferred multiple times, to all other involved courts.
(7)CA Penal Law Code § 1203.425(b)(7) A person denied relief pursuant to this section may continue to be eligible for relief pursuant to law, including, but not limited to, Section 1203.4, 1203.4a, 1203.4b, or 1203.41. If the court subsequently grants relief pursuant to one of those sections, the court shall furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief was granted pursuant to the applicable section, and the department shall grant relief pursuant to that section. If probation was transferred pursuant to Section 1203.9, the department shall electronically submit a notice that relief was granted pursuant to the applicable section to the transferring court and, if probation was transferred multiple times, to all other involved courts.
(c)CA Penal Law Code § 1203.425(c) At the time of sentencing, the court shall advise a defendant, either orally or in writing, of the provisions of this section and of the defendant’s right, if any, to petition for a certificate of rehabilitation and pardon.
(d)CA Penal Law Code § 1203.425(d) This section shall become operative on October 1, 2024.

Section § 1204

Explanation

This law states that evidence about the circumstances of a case should be shared through witness testimony in court. However, if a witness is too sick to attend, their deposition can be taken by a local magistrate outside of court with proper notice to the other party. Written or verbal statements can't be used to influence punishment decisions unless otherwise specified. It does allow defendants to submit a written report about their background and rehabilitation plans, and the prosecution can respond to it.

The circumstances shall be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to attend, his deposition may be taken by a magistrate of the county, out of court, upon such notice to the adverse party as the court may direct. No affidavit or testimony, or representation of any kind, verbal or written, can be offered to or received by the court, or a judge thereof, in aggravation or mitigation of the punishment, except as provided in this and the preceding section. This section shall not be construed to prohibit the filing of a written report by a defendant or defendant’s counsel on behalf of a defendant if such a report presents a study of his background and personality and suggests a rehabilitation program. If such a report is submitted, the prosecution or probation officer shall be permitted to reply to or to evaluate the program.

Section § 1204.1

Explanation

This law states that environmental crimes are offenses that can harm public health and California's environment. When a business or organization is convicted of such a crime, the probation period cannot exceed five years, which may include a simpler form of probation if suitable. Environmental crimes include violations in various areas of the law, such as fishing and hunting regulations, food and agricultural practices, water pollution, hazardous substances management, and vehicle regulations, among others.

It clarifies that the term "entity" refers to any large organization, such as a corporation or partnership, with more than ten employees.

(a)CA Penal Law Code § 1204.1(a) The Legislature finds and declares that environmental crimes are public welfare offenses resulting from violations of statutes designed to safeguard against threats or injury to the health and safety of the public and California’s environment and precious natural resources.
(b)CA Penal Law Code § 1204.1(b) Notwithstanding Section 1203.1 or 1203a, if an entity is granted probation upon conviction of an environmental crime, the term of probation shall not exceed five years, which may include a period of summary probation as appropriate. For purposes of this section, environmental crimes means violations of any crimes in the following sections:
(1)CA Penal Law Code § 1204.1(b)(1) Division 9 (commencing with Section 12000) and Section 5650 of the Fish and Game Code.
(2)CA Penal Law Code § 1204.1(b)(2) Section 12996 of the Food and Agricultural Code.
(3)CA Penal Law Code § 1204.1(b)(3) Sections 132 and 133 of the Harbors and Navigation Code.
(4)CA Penal Law Code § 1204.1(b)(4) Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code.
(5)CA Penal Law Code § 1204.1(b)(5) Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of Division 26 of the Health and Safety Code.
(6)CA Penal Law Code § 1204.1(b)(6) Chapters 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), and Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code.
(7)CA Penal Law Code § 1204.1(b)(7) Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code.
(8)CA Penal Law Code § 1204.1(b)(8) Sections 374.2, 374.3, 374.5, 374.7, 374.8, 597, 653o, 653p, and 653q of the Penal Code.
(9)CA Penal Law Code § 1204.1(b)(9) Section 32001 and subdivision (b) of Section 34506 of the Vehicle Code.
(10)CA Penal Law Code § 1204.1(b)(10) Section 13387 of the Water Code.
(c)CA Penal Law Code § 1204.1(c) For purposes of subdivision (b), an entity means a trust, firm, partnership, joint stock company, joint venture, association, limited liability company, corporation, or other legal entity with more than 10 employees.

Section § 1204.5

Explanation

This law prohibits a judge in a criminal case from reviewing any written reports, arrest records, or affidavits about a defendant without the defendant’s consent before a plea or verdict of guilty. However, exceptions include situations governed by trial evidence rules, warrant applications, bail considerations, and certain legal motions.

An exception allows a different judge to review such information for pre-trial sentencing or plea approvals if the defendant has a lawyer or waives that right. The district attorney and defense must receive this information five days before relevant hearings, and both parties may present additional or counter information during these hearings.

(a)CA Penal Law Code § 1204.5(a) In any criminal action, after the filing of any complaint or other accusatory pleading and before a plea, finding, or verdict of guilty, no judge shall read or consider any written report of any law enforcement officer or witness to any offense, any information reflecting the arrest or conviction record of a defendant, or any affidavit or representation of any kind, verbal or written, without the defendant’s consent given in open court, except as provided in the rules of evidence applicable at the trial, or as provided in affidavits in connection with the issuance of a warrant or the hearing of any law and motion matter, or in any application for an order fixing or changing bail, or a petition for a writ.
(b)CA Penal Law Code § 1204.5(b) This section does not preclude a judge, who is not the preliminary hearing or trial judge in the case, from considering any information about the defendant for the purpose of that judge adopting a pre-trial sentencing position or approving or disapproving a guilty plea entered pursuant to Section 1192.5, if all of the following occur:
(1)CA Penal Law Code § 1204.5(b)(1) The defendant is represented by counsel, unless he or she expressly waives the right to counsel.
(2)CA Penal Law Code § 1204.5(b)(2) Any information provided to the judge for either of those purposes is also provided to the district attorney and to the defense counsel at least five days prior to any hearing or conference held for the purpose of considering a proposed guilty plea or proposed sentence.
(3)CA Penal Law Code § 1204.5(b)(3) At any hearing or conference held for either of those purposes, defense counsel or the district attorney is allowed to provide information, either on or off the record, to supplement or rebut the information provided pursuant to paragraph (2).

Section § 1205

Explanation

This law states that if someone is fined as part of a criminal sentence or as an additional punishment, they can be jailed if they don’t pay the fine. The jail time is based on how much they owe, with $125 of the fine translating to one day in jail, but this can't exceed the jail time for their crime. Jail credits can help reduce the fine amount. For convictions like a misdemeanor, the court can allow paying in parts or set deadlines, and if these aren’t met, the person may be jailed until payment is completed. If the fine is connected to probation, it must be paid to the court clerk, but if the person is jailed for nonpayment, payments are handled by the officer holding them. The court can involve collection agencies to collect unpaid fines, but this doesn’t apply to restitution fines and orders. All of this is effective from January 1, 2022.

(a)CA Penal Law Code § 1205(a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that the defendant be imprisoned until the fine is satisfied and may further direct that the imprisonment begin at and continue after the expiration of any imprisonment imposed as a part of the punishment or of any other imprisonment to which the defendant may have been sentenced. The judgment shall specify the term of imprisonment for nonpayment of the fine, which shall not be more than one day for each one hundred twenty-five dollars ($125) of the base fine, nor exceed the term for which the defendant may be sentenced to imprisonment for the offense of which the defendant has been convicted. A defendant held in custody for nonpayment of a fine shall be entitled to credit on the fine for each day the defendant is held in custody, at the rate specified in the judgment. When the defendant has been convicted of a misdemeanor, a judgment that the defendant pay a fine may also direct that the defendant pay the fine within a limited time or in installments on specified dates, and that in default of payment as stipulated be imprisoned in the discretion of the court either until the defaulted installment is satisfied or until the fine is satisfied in full; but unless the direction is given in the judgment, the fine shall be payable. If an amount of the base fine is not satisfied by jail credits, or by community service, the penalties and assessments imposed on the base fine shall be reduced by the percentage of the base fine that was satisfied.
(b)CA Penal Law Code § 1205(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while the defendant is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default. If time has been given for payment of a fine or it has been made payable in installments, the court shall, upon any default in payment, immediately order the arrest of the defendant and order the defendant to show cause why they should not be imprisoned until the fine or installment is satisfied in full. If the fine or installment is payable forthwith and it is not paid, the court shall, without further proceedings, immediately commit the defendant to the custody of the proper officer to be held in custody until the fine or installment is satisfied in full.
(c)CA Penal Law Code § 1205(c) This section applies to any violation of any of the codes or statutes of this state punishable by a fine or by a fine and imprisonment.
(d)CA Penal Law Code § 1205(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection.
(e)CA Penal Law Code § 1205(e) This section shall not apply to restitution fines and restitution orders.
(f)CA Penal Law Code § 1205(f) This section shall become operative on January 1, 2022.

Section § 1205.3

Explanation

If someone is convicted of a crime and gets probation, the court can make them either pay a fine or do community service. The court must say how much the fine is and how many hours of community service can replace paying that fine. Community service can be used instead of paying the fine and any restitution, with hours matching the fine amount.

In any case in which a defendant is convicted of an offense and granted probation, and the court orders the defendant either to pay a fine or to perform specified community service work as a condition of probation, the court shall specify that if community service work is performed, it shall be performed in place of the payment of all fines and restitution fines on a proportional basis, and the court shall specify in its order the amount of the fine and restitution fine and the number of hours of community service work that shall be performed as an alternative to payment of the fine.

Section § 1207

Explanation

After someone is convicted of a crime, the court clerk has to formally record the judgment in the official court records, known as the minutes. This record should briefly mention what crime the person was found guilty of and note any past convictions they might have. Additionally, a copy of this judgment needs to be placed with the other case documents.

When judgment upon a conviction is rendered, the clerk must enter the judgment in the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction, if any. A copy of the judgment of conviction shall be filed with the papers in the case.

Section § 1208

Explanation

This law outlines the rules for California's work furlough programs in county jails, known as the Cobey Work Furlough Law. The board of supervisors can decide if these programs are feasible in their county based on the state of jail facilities and local conditions for employment, education, and job training. They can designate roles such as work furlough administrator and decide on facilities for confining prisoners enrolled in the program.

Work furlough allows certain prisoners who are deemed suitable to continue their regular employment, job training, or education while serving their sentence. If the court hasn’t prohibited work furlough, administrators can aid prisoners in securing work, training, or education, ensuring the opportunities meet local wage and condition standards. Prisoners’ earnings may be managed to cover living costs and debts. Violations of the program can result in return to full confinement, and failures to return as scheduled are punishable.

Administrators have the authority to release prisoners for medical or emergency reasons. Inspections ensure compliance with state standards. Recommendations from the court for program participation are highly considered.

(a)Copy CA Penal Law Code § 1208(a)
(1)Copy CA Penal Law Code § 1208(a)(1) The provisions of this section, insofar as they relate to employment, shall be operative in any county in which the board of supervisors by ordinance finds, on the basis of employment conditions, the state of the county jail facilities, and other pertinent circumstances, that the operation of this section, insofar as it relates to employment, in that county is feasible. The provisions of this section, insofar as they relate to job training, shall be operative in any county in which the board of supervisors by ordinance finds, on the basis of job training conditions, the state of the county jail facilities, and other pertinent circumstances, that the operation of this section, insofar as it relates to job training, in that county is feasible. The provisions of this section, insofar as they relate to education, shall be operative in any county in which the board of supervisors by ordinance finds, on the basis of education conditions, the state of the county jail facilities, and other pertinent circumstances, that the operation of this section, insofar as it relates to education, in that county is feasible. In any ordinance the board shall prescribe whether the sheriff, the probation officer, the director of the county department of corrections, or the superintendent of a county industrial farm or industrial road camp in the county shall perform the functions of the work furlough administrator. The board may, in that ordinance, provide for the performance of any or all functions of the work furlough administrator by any one or more of those persons, acting separately or jointly as to any of the functions; and may, by a subsequent ordinance, revise the provisions within the authorization of this section. The board of supervisors may also terminate the operation of this section, either with respect to employment, job training, or education in the county, if the board finds by ordinance that because of changed circumstances, the operation of this section, either with respect to employment, job training, or education in that county, is no longer feasible.
(2)CA Penal Law Code § 1208(a)(2) Notwithstanding any other law, the board of supervisors may by ordinance designate a facility for confinement of prisoners classified for the work furlough program and designate the work furlough administrator as the custodian of the facility. The work furlough administrator may operate the work furlough facility or, with the approval of the board of supervisors, administer the work furlough facility pursuant to written contracts with appropriate public or private agencies or private entities. No agency or private entity may operate a work furlough program or facility without a written contract with the work furlough administrator, and no agency or private entity entering into a written contract may itself employ any person who is in the work furlough program. The sheriff or director of the county department of corrections, as the case may be, is authorized to transfer custody of prisoners to the work furlough administrator to be confined in a facility for the period during which they are in the work furlough program.
(3)CA Penal Law Code § 1208(a)(3) All privately operated local work furlough facilities and programs shall be under the jurisdiction of, and subject to the terms of a written contract entered into with, the work furlough administrator. Each contract shall include, but not be limited to, a provision whereby the private agency or entity agrees to operate in compliance with all appropriate state and local building, zoning, health, safety, and fire statutes, ordinances, and regulations and the minimum jail standards for Type IV facilities as established by regulations adopted by the Board of State and Community Corrections. The private agency or entity shall select and train its personnel in accordance with selection and training requirements adopted by the Board of State and Community Corrections as set forth in Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations. Failure to comply with the appropriate health, safety, and fire laws or minimum jail standards adopted by the board may be cause for termination of the contract. Upon discovery of a failure to comply with these requirements, the work furlough administrator shall notify the privately operated program director that the contract may be canceled if the specified deficiencies are not corrected within 60 days.
(4)CA Penal Law Code § 1208(a)(4) All private work furlough facilities and programs shall be inspected biennially by the Board of State and Community Corrections unless the work furlough administrator requests an earlier inspection pursuant to Section 6031.1. Each private agency or entity shall pay a fee to the Board of State and Community Corrections commensurate with the cost of those inspections and a fee commensurate with the cost of the initial review of the facility.
(b)CA Penal Law Code § 1208(b) When a person is convicted and sentenced to the county jail, or is imprisoned in the county jail for nonpayment of a fine, for contempt, or as a condition of probation for any criminal offense, the work furlough administrator may, if the administrator concludes that the person is a fit subject to continue in the person’s regular employment, direct that the person be permitted to continue in that employment, if that is compatible with the requirements of subdivision (c), or may authorize the person to secure employment for themselves, unless the court at the time of sentencing or committing has ordered that the person not be granted work furloughs. The work furlough administrator may, if the administrator concludes that the person is a fit subject to continue in the person’s job training program, direct that the person be permitted to continue in that job training program, if that is compatible with the requirements of subdivision (c), or may authorize the person to secure local job training for themselves, unless the court at the time of sentencing has ordered that person not be granted work furloughs. The work furlough administrator may, if the administrator concludes that the person is a fit subject to continue in the person’s regular educational program, direct that the person be permitted to continue in that educational program, if that is compatible with the requirements of subdivision (c), or may authorize the person to secure education for themselves, unless the court at the time of sentencing has ordered that person not be granted work furloughs.
(c)CA Penal Law Code § 1208(c) If the work furlough administrator so directs that the prisoner be permitted to continue in the prisoner’s regular employment, job training, or educational program, the administrator shall arrange for a continuation of that employment or for that job training or education, so far as possible without interruption. If the prisoner does not have regular employment or a regular job training or educational program, and the administrator has authorized the prisoner to secure employment, job training, or education for themselves, the prisoner may do so, and the administrator may assist the prisoner in doing so. Any employment, job training, or education so secured shall be suitable for the prisoner. The employment, and the job training or educational program if it includes earnings by the prisoner, shall be at a wage at least as high as the prevailing wage for similar work in the area where the work is performed and in accordance with the prevailing working conditions in that area. In no event may any employment, job training, or educational program involving earnings by the prisoner be permitted where there is a labor dispute in the establishment in which the prisoner is, or is to be, employed, trained, or educated.
(d)Copy CA Penal Law Code § 1208(d)
(1)Copy CA Penal Law Code § 1208(d)(1) Whenever the prisoner is not employed or being trained or educated and between the hours or periods of employment, training, or education, the prisoner shall be confined in the facility designated by the board of supervisors for work furlough confinement unless the work furlough administrator directs otherwise. If the prisoner is injured during a period of employment, job training, or education, the work furlough administrator shall have the authority to release the prisoner from the facility for continued medical treatment by private physicians or at medical facilities at the expense of the employer, workers’ compensation insurer, or the prisoner. The release shall not be construed as assumption of liability by the county or work furlough administrator for medical treatment obtained.
(2)CA Penal Law Code § 1208(d)(2) The work furlough administrator may release any prisoner classified for the work furlough program for a period not to exceed 72 hours for medical, dental, or psychiatric care, or for family emergencies or pressing business which would result in severe hardship if the release were not granted, or to attend those activities as the administrator deems may effectively promote the prisoner’s successful return to the community, including, but not limited to, an attempt to secure housing, employment, entry into educational programs, or participation in community programs.
(e)CA Penal Law Code § 1208(e) The earnings of the prisoner may be collected by the work furlough administrator, and it shall be the duty of the prisoner’s employer to transmit the wages to the administrator at the latter’s request. Earnings levied upon pursuant to writ of execution or in other lawful manner shall not be transmitted to the administrator. If the administrator has requested transmittal of earnings prior to levy, that request shall have priority. In a case in which the functions of the administrator are performed by a sheriff, and the sheriff receives a writ of execution for the earnings of a prisoner subject to this section but has not yet requested transmittal of the prisoner’s earnings pursuant to this section, the sheriff shall first levy on the earnings pursuant to the writ. When an employer or educator transmits earnings to the administrator pursuant to this subdivision, the sheriff shall have no liability to the prisoner for those earnings. From the earnings the administrator shall pay the prisoner’s board and personal expenses, both inside and outside the jail, and shall deduct so much of the costs of administration of this section as is allocable to the prisoner or if the prisoner is unable to pay that sum, a lesser sum as is reasonable, and, in an amount determined by the administrator, shall pay the support of the prisoner’s dependents, if any. If sufficient funds are available after making the foregoing payments, the administrator may, with the consent of the prisoner, pay, in whole or in part, the preexisting debts of the prisoner. Any balance shall be retained until the prisoner’s discharge. Upon discharge the balance shall be paid to the prisoner.
(f)CA Penal Law Code § 1208(f) The prisoner shall be eligible for time credits pursuant to Sections 4018 and 4019.
(g)CA Penal Law Code § 1208(g) If the prisoner violates the conditions laid down for the prisoner’s conduct, custody, job training, education, or employment, the work furlough administrator may order the balance of the prisoner’s sentence to be spent in actual confinement.
(h)CA Penal Law Code § 1208(h) Willful failure of the prisoner to return to the place of confinement not later than the expiration of any period during which the prisoner is authorized to be away from the place of confinement pursuant to this section is punishable as provided in Section 4532.
(i)CA Penal Law Code § 1208(i) The court may recommend or refer a person to the work furlough administrator for consideration for placement in the work furlough program or a particular work furlough facility. The recommendation or referral of the court shall be given great weight in the determination of acceptance or denial for placement in the work furlough program or a particular work furlough facility.
(j)CA Penal Law Code § 1208(j) As used in this section, the following definitions apply:
(1)CA Penal Law Code § 1208(j)(1) “Education” includes vocational and educational training and counseling, and psychological, drug abuse, alcoholic, and other rehabilitative counseling.
(2)CA Penal Law Code § 1208(j)(2) “Educator” includes a person or institution providing that training or counseling.
(3)CA Penal Law Code § 1208(j)(3) “Employment” includes care of children, including the daytime care of children of the prisoner.
(4)CA Penal Law Code § 1208(j)(4) “Job training” may include, but shall not be limited to, job training assistance.
(k)CA Penal Law Code § 1208(k) This section shall be known and may be cited as the “Cobey Work Furlough Law.”
(l)CA Penal Law Code § 1208(l) This section shall become operative July 1, 2021.

Section § 1208.2

Explanation

This California statute addresses financial rules related to several correctional programs such as work furlough, electronic home detention, and county parole programs.

It mandates that county boards of supervisors cannot charge administrative fees for these programs. Moreover, if these programs are run by private companies, they also cannot charge administrative or application fees.

If a county contracts a private company to manage these programs, the agreement must include these fee restrictions, and the private program must comply with all relevant regulations.

(a)Copy CA Penal Law Code § 1208.2(a)
(1)Copy CA Penal Law Code § 1208.2(a)(1) This section shall apply to individuals authorized to participate in a work furlough program pursuant to Section 1208, or to individuals authorized to participate in an electronic home detention program pursuant to Section 1203.016 or 1203.018, or to individuals authorized to participate in a county parole program pursuant to Article 3.5 (commencing with Section 3074) of Chapter 8 of Title 1 of Part 3.
(2)CA Penal Law Code § 1208.2(a)(2) As used in this section, as appropriate, “administrator” means the sheriff, probation officer, director of the county department of corrections, or county parole administrator.
(b)Copy CA Penal Law Code § 1208.2(b)
(1)Copy CA Penal Law Code § 1208.2(b)(1) A board of supervisors that implements programs identified in paragraph (1) of subdivision (a) shall not impose a program administrative fee.
(2)CA Penal Law Code § 1208.2(b)(2)  Privately operated electronic home detention programs pursuant to Section 1203.016 or 1203.018 or work furlough programs pursuant to Section 1208 shall not impose program administrative fees or application fees.
(c)CA Penal Law Code § 1208.2(c) In all circumstances where a county board of supervisors has approved a program administrator, as described in Section 1203.016, 1203.018, or 1208, to enter into a contract with a private agency or entity to provide specified program services, the program administrator shall ensure that the provisions of this section are contained within any contractual agreement for this purpose. All privately operated home detention programs shall comply with all appropriate, applicable ordinances and regulations specified in subdivision (a) of Section 1208.

Section § 1208.3

Explanation

This law allows an administrator to check that certain standards are met for a prisoner who is working. It makes sure they are paid at least the minimum wage and work the required number of hours. It also ensures they have proper workers’ compensation insurance. The goal is to protect the prisoner's employment rights and ensure they are contributing to the community. This law went into effect on July 1, 2021.

The administrator is not prohibited from verifying any of the following:
(a)CA Penal Law Code § 1208.3(a) That the prisoner is receiving wages at a rate of pay not less than the prevailing minimum wage requirement as provided for in subdivision (c) of Section 1208.
(b)CA Penal Law Code § 1208.3(b) That the prisoner is working a specified minimum number of required hours.
(c)Copy CA Penal Law Code § 1208.3(c)
(1)Copy CA Penal Law Code § 1208.3(c)(1) That the prisoner is covered under an appropriate or suitable workers’ compensation insurance plan as may otherwise be required by law.
(2)CA Penal Law Code § 1208.3(c)(2) The purpose of the verification shall be solely to ensure that the prisoner’s employment rights are being protected, that the prisoner is not being taken advantage of, that the job is suitable for the prisoner, and that the prisoner is making every reasonable effort to make a productive contribution to the community.
(d)CA Penal Law Code § 1208.3(d) This section shall become operative on July 1, 2021.

Section § 1208.5

Explanation

This law allows counties in California with work furlough programs to agree on transferring inmates between them. If someone is in jail in one county but lives or works in another, the sheriff can move them so they can continue working or studying. Counties can also arrange how to support these transferred individuals. Each county can choose to let the work furlough administrator handle these agreements through a local ordinance.

This provision started on January 1, 1999.

The boards of supervisors of two or more counties having work furlough programs may enter into agreements whereby a person sentenced to, or imprisoned in, the jail of one county, but regularly residing in another county or regularly employed in another county, may be transferred by the sheriff of the county in which he or she is confined to the jail of the county in which he or she resides or is employed, in order that he or she may be enabled to continue in his or her regular employment or education in the other county through the county’s work furlough program. This agreement may make provision for the support of transferred persons by the county from which they are transferred. The board of supervisors of any county may, by ordinance, delegate the authority to enter into these agreements to the work furlough administrator.
This section shall become operative on January 1, 1999.

Section § 1209

Explanation

This law affects people convicted of crimes who are allowed to serve their jail sentences on weekends or non-workdays so they can keep their regular jobs. If the court allows this, they may have to pay for some of the costs of their confinement, depending on their ability to pay. A hearing will determine if the defendant can afford this without undue financial hardship.

During this hearing, they can present evidence, confront witnesses, and will receive a written statement explaining the court's decision. Factors considered include their current and future financial situation and employment prospects. Payments are collected periodically, and the law allows adjustments if the defendant's financial situation changes.

Upon conviction of any criminal offense for which the court orders the confinement of a person in the county jail, or other suitable place of confinement, either as the final sentence or as a condition of any grant of probation, and allows the person so sentenced to continue in his or her regular employment by serving the sentence on weekends or similar periods during the week other than their regular workdays and by virtue of this schedule of serving the sentence the prisoner is ineligible for work furlough under Section 1208, the county may collect from the defendant according to the defendant’s ability to pay so much of the costs of administration of this section as are allocable to such defendant. The amount of this fee shall not exceed the actual costs of such confinement and may be collected prior to completion of each weekly or monthly period of confinement until the entire sentence has been served, and the funds shall be deposited in the county treasury pursuant to county ordinance.
The court, upon allowing sentences to be served on weekends or other nonemployment days, shall conduct a hearing to determine if the defendant has the ability to pay all or a part of the costs of administration without resulting in unnecessary economic hardship to the defendant and his or her dependents. At the hearing, the defendant shall be entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, and to confront and cross-examine adverse witnesses, and to disclosure of the evidence against the defendant, and a written statement of the findings of the court. If the court determines that the defendant has the ability to pay all or part of the costs of administration without resulting in unnecessary economic hardship to the defendant and his or her dependents, the court shall advise the defendant of the provisions of this section and order him or her to pay all or part of the fee as required by the sheriff, probation officer, or Director of the County Department of Corrections, whichever the case may be. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.
As used in this section, the term “ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, and shall include, but shall not be limited to, the following:
(a)CA Penal Law Code § 1209(a) The defendant’s present financial position.
(b)CA Penal Law Code § 1209(b) The defendant’s reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining reasonably discernible future financial position.
(c)CA Penal Law Code § 1209(c) Likelihood that the defendant shall be able to obtain employment within the six-month period from the date of the hearing.
(d)CA Penal Law Code § 1209(d) Any other factor or factors which may bear upon the defendant’s financial capability to reimburse the county for the costs.
Execution may be issued on the order in the same manner as a judgment in a civil action.
The order to pay all or part shall not be enforced by contempt. At any time during the pendency of the judgment, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change of circumstances with regard to the defendant’s ability to pay the judgment. The court shall advise the defendant of this right at the time of making the judgment.

Section § 1209.5

Explanation

If someone is convicted of a minor legal violation (an infraction) and paying the fine would be a financial burden, they can choose to do community service instead of paying the fine.

The fine includes all costs like penalties and other fees. The rate for an hour of community service is typically double the minimum wage for small employers, but courts can increase this rate locally.

Individuals can choose to perform community service in the area where the violation happened, where they live, or where they have strong connections like work or family.

Courts can also let people attend educational programs to complete their community service hours, including high school, college, or skills classes.

(a)CA Penal Law Code § 1209.5(a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendant’s family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.
(b)CA Penal Law Code § 1209.5(b) For purposes of this section, the term “total fine” means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.
(c)Copy CA Penal Law Code § 1209.5(c)
(1)Copy CA Penal Law Code § 1209.5(c)(1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.
(2)CA Penal Law Code § 1209.5(c)(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).
(d)Copy CA Penal Law Code § 1209.5(d)
(1)Copy CA Penal Law Code § 1209.5(d)(1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the person’s residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.
(2)CA Penal Law Code § 1209.5(d)(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.
(e)Copy CA Penal Law Code § 1209.5(e)
(1)Copy CA Penal Law Code § 1209.5(e)(1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.
(2)CA Penal Law Code § 1209.5(e)(2) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs.

Section § 1210

Explanation

This law section defines several key terms related to drug offenses and treatment programs. A 'nonviolent drug possession offense' is personal use or possession of a controlled substance, but not for sale or manufacturing. A 'drug treatment program' includes state-licensed community programs like education and therapy, but not those in prison. 'Successful completion of treatment' means finishing court-ordered drug treatment without necessarily stopping narcotic therapy. A 'misdemeanor not related to drugs' is an offense that doesn't involve drug use, possession, or related activities.

As used in Sections 1210.1 and 3063.1 of this code, and Division 10.8 (commencing with Section 11999.4) of the Health and Safety Code, the following definitions apply:
(a)CA Penal Law Code § 1210(a) The term “nonviolent drug possession offense” means the unlawful personal use, possession for personal use, or transportation for personal use of any controlled substance identified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or the offense of being under the influence of a controlled substance in violation of Section 11550 of the Health and Safety Code. The term “nonviolent drug possession offense” does not include the possession for sale, production, or manufacturing of any controlled substance and does not include violations of Section 4573.6 or 4573.8.
(b)CA Penal Law Code § 1210(b) The term “drug treatment program” or “drug treatment” means a state licensed or certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services. The term “drug treatment program” or “drug treatment” includes a drug treatment program operated under the direction of the Veterans Health Administration of the Department of Veterans Affairs or a program specified in Section 8001. That type of program shall be eligible to provide drug treatment services without regard to the licensing or certification provisions required by this subdivision. The term “drug treatment program” or “drug treatment” does not include drug treatment programs offered in a prison or jail facility.
(c)CA Penal Law Code § 1210(c) The term “successful completion of treatment” means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
(d)CA Penal Law Code § 1210(d) The term “misdemeanor not related to the use of drugs” means a misdemeanor that does not involve (1) the simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or (2) any activity similar to those listed in (1).

Section § 1210.1

Explanation

This law focuses on handling nonviolent drug possession offenses in California. It says that people convicted of these offenses should usually get probation, not jail time, and must complete a drug treatment program. The court can also require other activities like job training or community service, but not incarceration. However, there are exceptions if the person has a violent felony record, commits additional crimes, or refuses treatment.

If someone completes their probation and stays off drugs, their conviction can be erased, helping them avoid future penalties from that conviction. But some exceptions involve public office applications or law enforcement-related inquiries. If a person on probation repeatedly breaks the rules or fails to stay drug-free, the court may impose stricter measures or ultimately revoke probation.

(a)CA Penal Law Code § 1210.1(a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offense shall receive probation. As a condition of probation the court shall require participation in and completion of an appropriate drug treatment program. The court shall impose appropriate drug testing as a condition of probation. The court may also impose, as a condition of probation, participation in vocational training, family counseling, literacy training and/or community service. A court may not impose incarceration as an additional condition of probation. Aside from the limitations imposed in this subdivision, the trial court is not otherwise limited in the type of probation conditions it may impose. Probation shall be imposed by suspending the imposition of sentence. No person shall be denied the opportunity to benefit from the provisions of the Substance Abuse and Crime Prevention Act of 2000 based solely upon evidence of a co-occurring psychiatric or developmental disorder. To the greatest extent possible, any person who is convicted of, and placed on probation pursuant to this section for a nonviolent drug possession offense shall be monitored by the court through the use of a dedicated court calendar and the incorporation of a collaborative court model of oversight that includes close collaboration with treatment providers and probation, drug testing commensurate with treatment needs, and supervision of progress through review hearings.
In addition to any fine assessed under other provisions of law, the trial judge may require any person convicted of a nonviolent drug possession offense who is reasonably able to do so to contribute to the cost of his or her own placement in a drug treatment program.
(b)CA Penal Law Code § 1210.1(b) Subdivision (a) shall not apply to any of the following:
(1)CA Penal Law Code § 1210.1(b)(1) Any defendant who previously has been convicted of one or more violent or serious felonies as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, respectively, unless the nonviolent drug possession offense occurred after a period of five years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction other than a nonviolent drug possession offense, or a misdemeanor conviction involving physical injury or the threat of physical injury to another person.
(2)CA Penal Law Code § 1210.1(b)(2) Any defendant who, in addition to one or more nonviolent drug possession offenses, has been convicted in the same proceeding of a misdemeanor not related to the use of drugs or any felony.
(3)CA Penal Law Code § 1210.1(b)(3) Any defendant who, while armed with a deadly weapon, with the intent to use the same as a deadly weapon, unlawfully possesses or is under the influence of any controlled substance identified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code.
(4)CA Penal Law Code § 1210.1(b)(4) Any defendant who refuses drug treatment as a condition of probation.
(5)CA Penal Law Code § 1210.1(b)(5) Any defendant who has two separate convictions for nonviolent drug possession offenses, has participated in two separate courses of drug treatment pursuant to subdivision (a), and is found by the court, by clear and convincing evidence, to be unamenable to any and all forms of available drug treatment, as defined in subdivision (b) of Section 1210. Notwithstanding any other provision of law, the trial court shall sentence that defendant to 30 days in jail.
(c)Copy CA Penal Law Code § 1210.1(c)
(1)Copy CA Penal Law Code § 1210.1(c)(1) Any defendant who has previously been convicted of at least three non-drug-related felonies for which the defendant has served three separate prison terms within the meaning of subdivision (b) of Section 667.5 shall be presumed eligible for treatment under subdivision (a). The court may exclude the defendant from treatment under subdivision (a) where the court, pursuant to the motion of the prosecutor or its own motion, finds that the defendant poses a present danger to the safety of others and would not benefit from a drug treatment program. The court shall, on the record, state its findings, the reasons for those findings.
(2)CA Penal Law Code § 1210.1(c)(2) Any defendant who has previously been convicted of a misdemeanor or felony at least five times within the prior 30 months shall be presumed to be eligible for treatment under subdivision (a). The court may exclude the defendant from treatment under subdivision (a) if the court, pursuant to the motion of the prosecutor, or on its own motion, finds that the defendant poses a present danger to the safety of others or would not benefit from a drug treatment program. The court shall, on the record, state its findings and the reasons for those findings.
(d)CA Penal Law Code § 1210.1(d) Within seven days of an order imposing probation under subdivision (a), the probation department shall notify the drug treatment provider designated to provide drug treatment under subdivision (a). Within 30 days of receiving that notice, the treatment provider shall prepare a treatment plan and forward it to the probation department for distribution to the court and counsel. The treatment provider shall provide to the probation department standardized treatment progress reports, with minimum data elements as determined by the department, including all drug testing results. At a minimum, the reports shall be provided to the court every 90 days, or more frequently, as the court directs.
(1)CA Penal Law Code § 1210.1(d)(1) If at any point during the course of drug treatment the treatment provider notifies the probation department and the court that the defendant is unamenable to the drug treatment being provided, but may be amenable to other drug treatments or related programs, the probation department may move the court to modify the terms of probation, or on its own motion, the court may modify the terms of probation after a hearing to ensure that the defendant receives the alternative drug treatment or program.
(2)CA Penal Law Code § 1210.1(d)(2) If at any point during the course of drug treatment the treatment provider notifies the probation department and the court that the defendant is unamenable to the drug treatment provided and all other forms of drug treatment programs pursuant to subdivision (b) of Section 1210, the probation department may move to revoke probation. At the revocation hearing, if it is proved that the defendant is unamenable to all drug treatment programs pursuant to subdivision (b) of Section 1210, the court may revoke probation.
(3)CA Penal Law Code § 1210.1(d)(3) Drug treatment services provided by subdivision (a) as a required condition of probation may not exceed 12 months, unless the court makes a finding supported by the record, that the continuation of treatment services beyond 12 months is necessary for drug treatment to be successful. If that finding is made, the court may order up to two six-month extensions of treatment services. The provision of treatment services under the Substance Abuse and Crime Prevention Act of 2000 shall not exceed 24 months.
(e)Copy CA Penal Law Code § 1210.1(e)
(1)Copy CA Penal Law Code § 1210.1(e)(1) At any time after completion of drug treatment and the terms of probation, the court shall conduct a hearing, and if the court finds that the defendant successfully completed drug treatment, and substantially complied with the conditions of probation, including refraining from the use of drugs after the completion of treatment, the conviction on which the probation was based shall be set aside and the court shall dismiss the indictment, complaint, or information against the defendant. In addition, except as provided in paragraphs (2) and (3), both the arrest and the conviction shall be deemed never to have occurred. The defendant may additionally petition the court for a dismissal of charges at any time after completion of the prescribed course of drug treatment. Except as provided in paragraph (2) or (3), the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.
(2)CA Penal Law Code § 1210.1(e)(2) Dismissal of an indictment, complaint, or information pursuant to paragraph (1) does not permit a person to own, possess, or have in his or her custody or control any firearm capable of being concealed upon the person or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6.
(3)CA Penal Law Code § 1210.1(e)(3) Except as provided below, after an indictment, complaint, or information is dismissed pursuant to paragraph (1), the defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or convicted for the offense. Except as provided below, a record pertaining to an arrest or conviction resulting in successful completion of a drug treatment program under this section may not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.
Regardless of his or her successful completion of drug treatment, the arrest and conviction on which the probation was based may be recorded by the Department of Justice and disclosed in response to any peace officer application request or any law enforcement inquiry. Dismissal of an information, complaint, or indictment under this section does not relieve a defendant of the obligation to disclose the arrest and conviction in response to any direct question contained in any questionnaire or application for public office, for a position as a peace officer as defined in Section 830, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury.
(f)Copy CA Penal Law Code § 1210.1(f)
(1)Copy CA Penal Law Code § 1210.1(f)(1) If probation is revoked pursuant to the provisions of this subdivision, the defendant may be incarcerated pursuant to otherwise applicable law without regard to the provisions of this section. The court may modify or revoke probation if the alleged violation is proved.
(2)CA Penal Law Code § 1210.1(f)(2) If a defendant receives probation under subdivision (a), and violates that probation either by committing an offense that is not a nonviolent drug possession offense, or by violating a non-drug-related condition of probation, and the state moves to revoke probation, the court may remand the defendant for a period not exceeding 30 days during which time the court may receive input from treatment, probation, the state, and the defendant, and the court may conduct further hearings as it deems appropriate to determine whether or not probation should be reinstated under this section. If the court reinstates the defendant on probation, the court may modify the treatment plan and any other terms of probation, and continue the defendant in a treatment program under the Substance Abuse and Crime Prevention Act of 2000. If the court reinstates the defendant on probation, the court may, after receiving input from the treatment provider and probation, if available, intensify or alter the treatment plan under subdivision (a), and impose sanctions, including jail sanctions not exceeding 30 days, a tool to enhance treatment compliance.
(3)Copy CA Penal Law Code § 1210.1(f)(3)
(A)Copy CA Penal Law Code § 1210.1(f)(3)(A) If a defendant receives probation under subdivision (a), and violates that probation either by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or any activity similar to those listed in subdivision (d) of Section 1210, or by violating a drug-related condition of probation, and the state moves to revoke probation, the court shall conduct a hearing to determine whether probation shall be revoked. The trial court shall revoke probation if the alleged probation violation is proved and the state proves by a preponderance of the evidence that the defendant poses a danger to the safety of others. If the court does not revoke probation, it may intensify or alter the drug treatment plan and in addition, if the violation does not involve the recent use of drugs as a circumstance of the violation, including, but not limited to, violations relating to failure to appear at treatment or court, noncompliance with treatment, and failure to report for drug testing, the court may impose sanctions including jail sanctions that may not exceed 48 hours of continuous custody as a tool to enhance treatment compliance and impose other changes in the terms and conditions of probation. The court shall consider, among other factors, the seriousness of the violation, previous treatment compliance, employment, education, vocational training, medical conditions, medical treatment, including narcotics replacement treatment, and including the opinion of the defendant’s licensed and treating physician if immediately available and presented at the hearing, child support obligations, and family responsibilities. The court shall consider additional conditions of probation, which may include, but are not limited to, community service and supervised work programs. If one of the circumstances of the violation involves recent drug use, as well as other circumstances of violation, and the circumstance of recent drug use is demonstrated to the court by satisfactory evidence and a finding made on the record, the court may, after receiving input from treatment and probation, if available, direct the defendant to enter a licensed detoxification or residential treatment facility, and if there is no bed immediately available in that type of facility, the court may order that the defendant be confined in a county jail for detoxification purposes only, if the jail offers detoxification services, for a period not to exceed 10 days. The detoxification services must provide narcotic replacement therapy for those defendants presently actually receiving narcotic replacement therapy.
(B)CA Penal Law Code § 1210.1(f)(3)(A)(B) If a defendant receives probation under subdivision (a), and for the second time violates that probation either by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or any activity similar to those listed in subdivision (d) of Section 1210, or by violating a drug-related condition of probation, and the state moves to revoke probation, the court shall conduct a hearing to determine whether probation shall be revoked. The trial court shall revoke probation if the alleged probation violation is proved and the state proves by a preponderance of the evidence either that the defendant poses a danger to the safety of others or is unamenable to drug treatment. In determining whether a defendant is unamenable to drug treatment, the court may consider, to the extent relevant, whether the defendant (i) has committed a serious violation of rules at the drug treatment program, (ii) has repeatedly committed violations of program rules that inhibit the defendant’s ability to function in the program, or (iii) has continually refused to participate in the program or asked to be removed from the program. If the court does not revoke probation, it may intensify or alter the drug treatment plan, and may, in addition, if the violation does not involve the recent use of drugs as a circumstance of the violation, including, but not limited to, violations relating to failure to appear at treatment or court, noncompliance with treatment, and failure to report for drug testing, impose sanctions including jail sanctions that may not exceed 120 hours of continuous custody as a tool to enhance treatment compliance and impose other changes in the terms and conditions of probation. The court shall consider, among other factors, the seriousness of the violation, previous treatment compliance, employment, education, vocational training, medical conditions, medical treatment, including narcotics replacement treatment, and including the opinion of the defendant’s licensed and treating physician if immediately available and presented at the hearing, child support obligations, and family responsibilities. The court shall consider additional conditions of probation, which may include, but are not limited to, community service and supervised work programs. If one of the circumstances of the violation involves recent drug use, as well as other circumstances of violation, and the circumstance of recent drug use is demonstrated to the court by satisfactory evidence and a finding made on the record, the court may, after receiving input from treatment and probation, if available, direct the defendant to enter a licensed detoxification or residential treatment facility, and if there is no bed immediately available in the facility, the court may order that the defendant be confined in a county jail for detoxification purposes only, if the jail offers detoxification services, for a period not to exceed 10 days. Detoxification services must provide narcotic replacement therapy for those defendants presently actually receiving narcotic replacement therapy.
(C)CA Penal Law Code § 1210.1(f)(3)(A)(C) If a defendant receives probation under subdivision (a), and for the third or subsequent time violates that probation either by committing a nonviolent drug possession offense, or by violating a drug-related condition of probation, and the state moves for a third or subsequent time to revoke probation, the court shall conduct a hearing to determine whether probation shall be revoked. If the alleged probation violation is proved, the defendant is not eligible for continued probation under subdivision (a) unless the court determines that the defendant is not a danger to the community and would benefit from further treatment under subdivision (a). The court may then either intensify or alter the treatment plan under subdivision (a) or transfer the defendant to a highly structured drug court. If the court continues the defendant in treatment under subdivision (a), or drug court, the court may impose appropriate sanctions including jail sanctions as the court deems appropriate.
(D)CA Penal Law Code § 1210.1(f)(3)(A)(D) If a defendant on probation at the effective date of this act for a nonviolent drug possession offense violates that probation either by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or any activity similar to those listed in subdivision (d) of Section 1210, or by violating a drug-related condition of probation, and the state moves to revoke probation, the court shall conduct a hearing to determine whether probation shall be revoked. The trial court shall revoke probation if the alleged probation violation is proved and the state proves by a preponderance of the evidence that the defendant poses a danger to the safety of others. If the court does not revoke probation, it may modify or alter the treatment plan, and in addition, if the violation does not involve the recent use of drugs as a circumstance of the violation, including, but not limited to, violations relating to failure to appear at treatment or court, noncompliance with treatment, and failure to report for drug testing, the court may impose sanctions including jail sanctions that may not exceed 48 hours of continuous custody as a tool to enhance treatment compliance and impose other changes in the terms and conditions of probation. The court shall consider, among other factors, the seriousness of the violation, previous treatment compliance, employment, education, vocational training, medical conditions, medical treatment, including narcotics replacement treatment, and including the opinion of the defendant’s licensed and treating physician if immediately available and presented at the hearing, child support obligations, and family responsibilities. The court shall consider additional conditions of probation, which may include, but are not limited to, community service and supervised work programs. If one of the circumstances of the violation involves recent drug use, as well as other circumstances of violation, and the circumstance of recent drug use is demonstrated to the court by satisfactory evidence and a finding made on the record, the court may, after receiving input from treatment and probation, if available, direct the defendant to enter a licensed detoxification or residential treatment facility, and if there is no bed immediately available in that type of facility, the court may order that the defendant be confined in a county jail for detoxification purposes only, if the jail offers detoxification services, for a period not to exceed 10 days. The detoxification services must provide narcotic replacement therapy for those defendants presently actually receiving narcotic replacement therapy.
(E)CA Penal Law Code § 1210.1(f)(3)(A)(E) If a defendant on probation at the effective date of this act for a nonviolent drug possession offense violates that probation a second time either by committing a nonviolent drug possession offense, or a misdemeanor for simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or any activity similar to those listed in subdivision (d) of Section 1210, or by violating a drug-related condition of probation, and the state moves for a second time to revoke probation, the court shall conduct a hearing to determine whether probation shall be revoked. The trial court shall revoke probation if the alleged probation violation is proved and the state proves by a preponderance of the evidence either that the defendant poses a danger to the safety of others or that the defendant is unamenable to drug treatment. If the court does not revoke probation, it may modify or alter the treatment plan, and in addition, if the violation does not involve the recent use of drugs as a circumstance of the violation, including, but not limited to, violations relating to failure to appear at treatment or court, noncompliance with treatment, and failure to report for drug testing, the court may impose sanctions including jail sanctions that may not exceed 120 hours of continuous custody as a tool to enhance treatment compliance and impose other changes in the terms and conditions of probation. The court shall consider, among other factors, the seriousness of the violation, previous treatment compliance, employment, education, vocational training, medical conditions, medical treatment including narcotics replacement treatment, and including the opinion of the defendant’s licensed and treating physician if immediately available and presented at the hearing, child support obligations, and family responsibilities. The court shall consider additional conditions of probation, which may include, but are not limited to, community service and supervised work programs. If one of the circumstances of the violation involves recent drug use, as well as other circumstances of violation, and the circumstance of recent drug use is demonstrated to the court by satisfactory evidence and a finding made on the record, the court may, after receiving input from treatment and probation, if available, direct the defendant to enter a licensed detoxification or residential treatment facility, and if there is no bed immediately available in that type of facility, the court may order that the defendant be confined in a county jail for detoxification purposes only, if the jail offers detoxification services, for a period not to exceed 10 days. The detoxification services must provide narcotic replacement therapy for those defendants presently actually receiving narcotic replacement therapy.
(F)CA Penal Law Code § 1210.1(f)(3)(A)(F) If a defendant on probation at the effective date of this act for a nonviolent drug offense violates that probation a third or subsequent time either by committing a nonviolent drug possession offense, or by violating a drug-related condition of probation, and the state moves for a third or subsequent time to revoke probation, the court shall conduct a hearing to determine whether probation shall be revoked. If the alleged probation violation is proved, the defendant is not eligible for continued probation under subdivision (a), unless the court determines that the defendant is not a danger to the community and would benefit from further treatment under subdivision (a). The court may then either intensify or alter the treatment plan under subdivision (a) or transfer the defendant to a highly structured drug court. If the court continues the defendant in treatment under subdivision (a), or drug court, the court may impose appropriate sanctions including jail sanctions.
(g)CA Penal Law Code § 1210.1(g) The term “drug-related condition of probation” shall include a probationer’s specific drug treatment regimen, employment, vocational training, educational programs, psychological counseling, and family counseling.

Section § 1210.2

Explanation

This law allows California's Board of State and Community Corrections to provide grants to county courts or probation departments for projects aiming to reduce repeat offenses by high-risk misdemeanor probationers. Counties receiving grants create programs that use risk assessments at sentencing to identify which misdemeanor offenders need more supervision and tailored programs, including support like drug or alcohol treatment, to help them complete probation successfully.

The projects also evaluate how effective the programs are by comparing recidivism rates with control groups. The board decides who gets grants based partly on these counties' abilities to manage such projects effectively. Counties must report their project results, like the number of people on probation and how many committed new offenses, back to the board.

The board will compile these findings into a report for the Legislature to review two years after the funding is given. This law remains effective until January 1, 2026, after which it will be repealed.

(a)Copy CA Penal Law Code § 1210.2(a)
(1)Copy CA Penal Law Code § 1210.2(a)(1) Upon appropriation by the Legislature, the Board of State and Community Corrections shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
(2)CA Penal Law Code § 1210.2(a)(2) The demonstration projects shall use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation. The formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
(3)CA Penal Law Code § 1210.2(a)(3) The demonstration projects shall evaluate the probation completion and recidivism rates for project participants and may compare them to control groups to evaluate program efficacy. The board shall determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers, including components that align with evidence-based practices in reducing recidivism, including, but not limited to, risk and needs assessment, programming to help with drug or alcohol abuse, mental illness, or housing, and the support of the superior court if the application is from a county probation department.
(b)CA Penal Law Code § 1210.2(b) The board shall develop reporting requirements for each county receiving a grant to report the results of the demonstration project. The reports may include, but are not limited to, the use of risk assessment, the formal probation program components, the number of individuals who were placed on formal probation, the number of individuals who were placed on informal probation, and the number of individuals in each group who were subsequently convicted of a new offense.
(c)Copy CA Penal Law Code § 1210.2(c)
(1)Copy CA Penal Law Code § 1210.2(c)(1) The board shall prepare a report that compiles the information it receives from each county receiving a grant, as described in subdivision (b). The report shall be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature for this section.
(2)CA Penal Law Code § 1210.2(c)(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d)CA Penal Law Code § 1210.2(d) This section shall remain in effect until January 1, 2026, and as of that date is repealed.

Section § 1210.5

Explanation

This law states that when someone is on probation and is required to go through drug treatment, any drug tests given by the court should be considered just one part of the overall treatment and not more important than any other part of the treatment program.

In a case where a person has been ordered to undergo drug treatment as a condition of probation, any court ordered drug testing shall be used as a treatment tool. In evaluating a probationer’s treatment program, results of any drug testing shall be given no greater weight than any other aspects of the probationer’s individual treatment program.

Section § 1210.6

Explanation

This law states that if a person seeks relief from the court, an unpaid restitution amount should not automatically prevent them from getting that relief if they otherwise qualify.

Additionally, failing to pay restitution doesn't mean the person failed to meet their probation conditions or didn't follow their court sentence. It also doesn't mean they haven't lived honestly or obeyed laws.

(a)CA Penal Law Code § 1210.6(a) When the court considers a petition for relief under this chapter, in its discretion and in the interests of justice, an unfulfilled order of restitution or restitution fine shall not be grounds to deny relief under this chapter to a person whose probation was conditioned on making victim restitution, if the person otherwise qualifies for relief pursuant to this chapter.
(b)CA Penal Law Code § 1210.6(b) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not fulfill the conditions of probation for the entire period of probation.
(c)CA Penal Law Code § 1210.6(c) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not fully comply with, and perform the sentence of, the court or finding that a defendant has not lived an honest and upright life and has not conformed to and obeyed the laws of the land.