Of Judgment and ExecutionThe Judgment
Section § 1191
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.
Section § 1191.1
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.
Section § 1191.2
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.
Section § 1191.3
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.
Section § 1191.10
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.
Section § 1191.15
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.
Section § 1191.16
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.
Section § 1191.21
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.
“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.”
Section § 1191.25
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.
Section § 1192
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.
Section § 1192.1
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.
Section § 1192.2
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.
Section § 1192.3
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.
Section § 1192.4
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.
Section § 1192.5
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.
Section § 1192.6
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.
Section § 1192.7
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.
Section § 1192.8
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.
Section § 1193
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.
Section § 1194
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.
Section § 1195
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.
Section § 1196
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.
Section § 1197
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.
Section § 1198
Section § 1199
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.
Section § 1200
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.
Section § 1201
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.
Section § 1201.3
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.
Section § 1201.5
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.
Section § 1202
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.
Section § 1202
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.
Section § 1202.1
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.
Section § 1202.4
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.
Section § 1202.05
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.
Section § 1202.5
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.
Section § 1202.6
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.
Section § 1202.7
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.
Section § 1202.8
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.
Section § 1202.41
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.
Section § 1202.42
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.
Section § 1202.43
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.
Section § 1202.44
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.
Section § 1202.45
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.
Section § 1202.46
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.
Section § 1202.51
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203
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.
Section § 1203.01
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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).
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.1
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.
Section § 1203.02
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.
Section § 1203.2
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.
Section § 1203.2
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.
Section § 1203.03
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.
Section § 1203.3
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.
Section § 1203.4
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.
Section § 1203.4
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.
Section § 1203.4
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.
Section § 1203.05
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.
Section § 1203.5
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.
Section § 1203.06
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.
Section § 1203.07
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.
Section § 1203.7
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.
Section § 1203.08
Section § 1203.8
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.
Section § 1203.09
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.
Section § 1203.9
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.
Section § 1203.10
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.
Section § 1203.11
Section § 1203.12
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.
Section § 1203.13
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.
Section § 1203.14
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.
Section § 1203.016
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.
Section § 1203.017
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.
Section § 1203.018
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.
Section § 1203.25
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.
Section § 1203.35
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.
Section § 1203.41
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.
Section § 1203.42
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.
Section § 1203.43
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.
Section § 1203.044
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.
Section § 1203.44
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.
Section § 1203.045
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.
Section § 1203.45
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.
Section § 1203.046
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.
Section § 1203.047
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.
Section § 1203.47
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.
Section § 1203.048
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.
Section § 1203.049
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.
Section § 1203.49
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.
Section § 1203.055
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.
Section § 1203.065
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.
Section § 1203.066
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.
Section § 1203.067
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.
Section § 1203.71
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.
Section § 1203.72
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.
Section § 1203.73
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.
Section § 1203.074
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.
Section § 1203.74
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.
Section § 1203.075
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.
Section § 1203.076
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.
Section § 1203.085
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.
Section § 1203.095
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.
Section § 1203.096
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.
Section § 1203.097
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.
Section § 1203.098
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.
Section § 1203.099
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.
Section § 1203.425
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.
Section § 1204
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.
Section § 1204.1
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.
Section § 1204.5
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.
Section § 1205
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.
Section § 1205.3
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.
Section § 1207
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.
Section § 1208
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.
Section § 1208.2
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.
Section § 1208.3
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.
Section § 1208.5
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.
Section § 1209
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.
Section § 1209.5
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.
Section § 1210
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.
Section § 1210.1
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.
Section § 1210.2
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.
Section § 1210.5
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.
Section § 1210.6
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.