Penal Code

Part 4 of 29 · provisions 601–800

If the Superintendent of State Printing corruptly colludes to defraud the state, the officer forfeits the office and may be imprisoned and fined.

Jurisdiction: United States — California
Instrument: Code
Citation: PEN
Version: Undated source snapshot
Language: en
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About this statute

This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.

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1192.3.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If restitution is imposed for a count dismissed in a plea bargain, the court must get a Harvey waiver from the defendant.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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. (Added by Stats. 1988, Ch. 287, Sec. 1.)
1192.4.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a guilty plea under Section 1192.1 or 1192.2 is not accepted by the prosecuting attorney and approved by the court, it is treated as withdrawn, and the defendant may enter other available pleas.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1192.4. 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. (Amended by Stats. 1970, Ch. 1123.)
1192.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When a felony plea is accepted by the prosecutor and approved by the court, the court must warn the defendant about the plea’s nonbinding nature and must inquire whether the plea is voluntary and factually supported.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) 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. (Amended by Stats. 2022, Ch. 197, Sec. 19. (SB 1493) Effective January 1, 2023.)
1192.6.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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In felony cases, if charges are amended or dismissed, the record must state why. If the prosecutor seeks dismissal or recommends punishment or use of court powers, the prosecutor must state the specific reasons on the record in open court.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Added by Stats. 1981, Ch. 759, Sec. 1.)
1192.7.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section generally bans plea bargaining in serious felony, firearm-use, DUI, and listed violent sex crime cases, with narrow exceptions, and requires the district attorney to state on the record why a listed sentence was not sought.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) As used in this section, “serious felony” means any of the following: (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) 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) “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) “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) “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) 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. (Amended by Stats. 2023, Ch. 230, Sec. 4. (SB 14) Effective January 1, 2024. Note: This section was added on June 8, 1982, by initiative Prop. 8, and amended on March 7, 2000, by initiative Prop. 21.)
1192.8.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section expands the definition of “serious felony” for Section 1192.7(c) to include certain offenses when they involve great bodily injury or the personal use of a dangerous or deadly weapon.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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. (Amended by Stats. 2007, Ch. 747, Sec. 9. Effective January 1, 2008.)
1193.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section sets when a defendant must be present for sentencing, and when a court may sentence in the defendant’s absence.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1193. Judgment upon persons convicted of commission of crime shall be pronounced as follows: (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) 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) 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) 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) 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) 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) If the conviction be of a misdemeanor, judgment may be pronounced against the defendant in their absence. (Amended by Stats. 2024, Ch. 49, Sec. 3. (AB 168) Effective July 2, 2024.)
1194.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If the defendant is in custody, the court may order the custodian to bring the defendant before it for judgment, and the custodian must comply.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1194. 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. (Enacted 1872.)
1195.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a defendant on bail fails to appear for judgment when personal appearance is required, the court must issue a bench warrant on the prosecutor’s application. If the defendant appears and judgment is pronounced or probation is granted, the bail is exonerated or any deposit is returned.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1195. 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. (Amended by Stats. 1959, Ch. 1187.)
1196.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The clerk must issue a bench warrant after the order, and must require the appropriate agency to enter it in NCIC for private surety-bonded felony cases.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1196. (a) The clerk must, at any time after the order, issue a bench warrant into one or more counties. (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. (Amended by Stats. 2007, Ch. 263, Sec. 27. Effective January 1, 2008.)
1197.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A bench warrant must follow a substantially prescribed form.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1197. 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) (Amended by Stats. 1951, Ch. 1674.)
1198.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A bench warrant may be served in any county, and it must be served the same way as a warrant of arrest.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1198. The bench warrant may be served in any county in the same manner as a warrant of arrest. (Amended by Stats. 1951, Ch. 1674.)
1199.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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An officer served with a bench warrant must arrest the defendant and bring him before the court, or hand him to a peace officer from the issuing county who must do so.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1199. 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. (Amended by Stats. 1951, Ch. 1674.)
120.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )
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An oath of office about future official duties is not the kind of oath covered by the two preceding sections.

## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 120. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two preceding sections. (Enacted 1872.)
1200.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When the defendant appears for judgment, the court or clerk must tell the defendant the charge, plea, and any verdict, and must ask whether there is any legal cause why judgment should not be pronounced.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1200. 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. (Amended by Code Amendments 1880, Ch. 47.)
12001.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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This section says that, for this title, “firearm” means what Section 16520(a) defines it to mean.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12001. As used in this title, “firearm” has the meaning provided in subdivision (a) of Section 16520. (Added by Stats. 2010, Ch. 711, Sec. 5. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
12003.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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If part of this title or certain listed provisions is held unconstitutional, the rest remains valid.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12003. If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of this title or any other provision listed in Section 16580 is for any reason held to be unconstitutional, that decision shall not affect the validity of the remaining portions of this title or any other provision listed in Section 16580. The Legislature hereby declares that it would have passed this title and any other provision listed in Section 16580, and each section, subdivision, paragraph, subparagraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional. (Amended (as added by Stats. 2010, Ch. 711) by Stats. 2011, Ch. 285, Sec. 24. (AB 1402) Effective January 1, 2012.)
1201.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A person may show cause against the judgment. If the court has reasonable grounds to believe the person is insane, the insanity question is tried; if the jury finds sanity, judgment is pronounced, and if the jury finds insanity, the person is committed to the state hospital until sane and then brought back for judgment.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1201. He or she may show, for cause against the judgment: (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) 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. (Amended by Stats. 1987, Ch. 828, Sec. 68.)
1201.3.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The court may issue an order, for up to 10 years, barring a defendant or juvenile from harassing, intimidating, or threatening the victim or the victim’s family or spouse.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) A violation of an order issued pursuant to subdivision (a) is punishable as provided in Section 166. (Amended by Stats. 2011, Ch. 296, Sec. 215. (AB 1023) Effective January 1, 2012.)
1201.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Motions made after judgment must be served on the prosecution by written notice at least 3 days before the hearing, and supporting affidavits or other writings are not allowed unless that copy was also timely served.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1201.5. 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. (Added by Stats. 1937, Ch. 31.)
1202.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If the court cannot show sufficient cause not to pronounce judgment, it must render judgment. The defendant is entitled to a new trial if judgment is not timely rendered or pronounced, or if the court refuses to hear or decide a new-trial motion before judgment or probation order.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202. 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. (Amended by Stats. 1987, Ch. 828, Sec. 69.)
1202.05.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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For certain sex offenses involving a child under 18, the court must forbid all visitation between the defendant and the child victim, and must send the order to specified parties.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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). (Amended by Stats. 2018, Ch. 423, Sec. 88. (SB 1494) Effective January 1, 2019.)
1202.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Courts must order certain people convicted or adjudged for listed sexual offenses to be tested for HIV-related antibodies within 180 days, and specified officials must handle disclosure and counseling rules for the test results.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) (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) 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) 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) To ensure that the victim understands both the benefits and limitations of the current tests for HIV. (C) To obtain referrals to appropriate health care and support services. (e) For purposes of this section, “sexual offense” includes any of the following: (1) Rape in violation of Section 261, 261.4, or former Section 262. (2) Unlawful intercourse with a person under 18 years of age in violation of Section 261.5 or 266c. (3) Sodomy in violation of Section 266c or 286. (4) Oral copulation in violation of Section 266c or 287, or former Section 288a. (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) Sexual penetration in violation of Section 264.1, 266c, or 289. (ii) Aggravated sexual assault of a child in violation of Section 269. (iii) Lewd or lascivious conduct with a child in violation of Section 288. (iv) Continuous sexual abuse of a child in violation of Section 288.5. (v) The attempt to commit any offense described in clauses (i) to (iv), inclusive. (B) For purposes of this paragraph, the court shall note its finding on the court docket and minute order if one is prepared. (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) 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) 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) 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) 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. (Amended by Stats. 2021, Ch. 626, Sec. 44. (AB 1171) Effective January 1, 2022.)
1202.4.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Courts must order restitution fines and victim restitution after a conviction, with set minimum and maximum amounts in some cases, unless the court states compelling and extraordinary reasons not to. Defendants must file financial disclosures when restitution may be ordered.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202.4. (a) (1) It is the intent of the Legislature that a victim of a 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) 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) 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) A restitution fine in accordance with subdivision (b). (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 and shall be paid as specified in subdivision (i). (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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) Medical expenses. (C) Mental health counseling expenses. (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) 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) Noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288, 288.5, or 288.7. (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) Actual and reasonable attorney’s fees and other costs of collection accrued by a private entity on behalf of the victim. (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) 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) 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) 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) (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) 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) 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) 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) 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) 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) 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) A report submitted pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203 or subdivision (g) of Section 1203. (B) A stipulation submitted pursuant to paragraph (4) of subdivision (b) of Section 1203. (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) The court may consider a defendant’s unreasonable failure to make a complete disclosure pursuant to paragraph (5) as any of the following: (A) A circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (B) A factor indicating that the interests of justice would not be served by admitting the defendant to probation under Section 1203. (C) A factor indicating that the interests of justice would not be served by conditionally sentencing the defendant under Section 1203. (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) 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) Require the defendant to be examined by the district attorney pursuant to subdivision (h). (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) 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) 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) 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) A defendant’s inability to pay shall not be a consideration in determining the amount of a restitution order. (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) A restitution order imposed pursuant to subdivision (f) shall be enforceable as if the order were a civil judgment and shall be paid before all fines, restitution fines, penalty assessments, and other fees imposed on a criminal defendant, including, but not limited to, Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of the Government Code, and Sections 1464 and 1465.7 of this code. (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) For purposes of this section, “victim” shall include all of the following: (1) The immediate surviving family of the actual victim. (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) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: (A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. (B) At the time of the crime was living in the household of the victim. (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) Is another family member of the victim, including, but not limited to, the victim’s fiance, and who witnessed the crime. (E) Is the primary caretaker of a minor victim. (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) 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) 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) 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) The provisions of Section 13963 of the Government Code shall apply to restitution imposed pursuant to this section. (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) 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) (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) As used in this subdivision, “audiovisual work” and “recording” shall have the same meaning as in Section 653w. (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 compelling and extraordinary reasons for not doing so and states those reasons on the record. (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) Any moneys collected pursuant to this subdivision shall be distributed as follows: (A) Seventy-five percent shall be deposited into the California Crime Victims Fund established under Section 13839. (B) Twenty-five percent shall be distributed as follows: (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) 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) 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. (Amended by Stats. 2025, Ch. 184, Sec. 3. (AB 1213) Effective January 1, 2026.)
1202.41.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets the Department of Corrections work with a court to hold certain restitution hearings by electronic audiovideo instead of physical presence, and it requires a confidential communication line for defense counsel in that setup.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) 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. (Amended by Stats. 2016, Ch. 31, Sec. 241. (SB 836) Effective June 27, 2016.)
1202.42.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets the court order income deduction to collect restitution, and sets the notice, hearing, and payment duties tied to that order.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202.42. 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) 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) (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) 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) 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) 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) 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) All fees or interest that will be imposed. (2) The total amount of income to be deducted for each pay period. (3) That the income deduction order applies to current and subsequent payers and periods of employment. (4) That a copy of the income deduction order will be served on the defendant’s payer or payers. (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) 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) That the court order will be stayed in accordance with subdivision (b) and that a hearing is available in accordance with subdivision (f). (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) (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) Service upon the defendant’s payer or successor payer under this section shall be made by prepaid certified mail, return receipt requested. (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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) 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) A legal description of the property to be encumbered. (C) The total amount of restitution still owed by the defendant. (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) That a hearing is available in accordance with paragraph (2). (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) 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) 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) 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) 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) 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) 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) 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) That the defendant reasonably believes there has been an administrative error with regard to his or her obligation for payment. (3) Any other similar and justifiable reasons. (Amended by Stats. 2010, Ch. 582, Sec. 1. (AB 1847) Effective January 1, 2011.)
1202.43.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Restitution fines must be paid to the court collection officer, and in some unpaid felony cases the collection officer must send the abstract of judgment and related information to the Controller.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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. (Added by Stats. 2002, Ch. 1141, Sec. 15. Effective January 1, 2003.)
1202.44.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When a court imposes probation or a conditional sentence, it must also assess an additional probation revocation restitution fine in the same amount as the restitution fine, unless compelling and extraordinary reasons are stated on the record.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202.44. 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. (Added by Stats. 2004, Ch. 223, Sec. 3. Effective August 16, 2004.)
1202.45.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Courts must add revocation restitution fines in certain criminal cases, matching the underlying restitution fine amount, and those fines are suspended unless revocation occurs.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Amended by Stats. 2012, Ch. 762, Sec. 1. (SB 1210) Effective January 1, 2013.)
1202.46.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a victim’s losses cannot be determined at sentencing, the court must keep jurisdiction to impose or modify restitution until the losses are determined.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202.46. 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. (Amended by Stats. 2016, Ch. 37, Sec. 4. (AB 2295) Effective January 1, 2017.)
1202.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Courts must add a $10 fine for certain convictions, and may adjust reimbursement based on ability to pay.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) (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) 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) As used in this section, “law enforcement agency” includes, but is not limited to, police departments, sheriffs departments, and probation departments. (Amended by Stats. 2013, Ch. 618, Sec. 10. (AB 924) Effective January 1, 2014.)
1202.51.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Courts must order a $100 fine for an infraction or a $200 fine for a misdemeanor when a defendant is convicted of the listed offenses, and no state or county surcharge may be added to that fine.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202.51. 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. (Added by Stats. 2007, Ch. 394, Sec. 1. Effective January 1, 2008.)
1202.6.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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After a first conviction for violating Section 647(b), the court must, where appropriate, refer the defendant to a specified program, a drug diversion program, or both.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202.6. 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. (Repealed and added by Stats. 2017, Ch. 537, Sec. 17. (SB 239) Effective January 1, 2018.)
1202.7.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section states that probation services are essential, lists the main factors to consider when granting probation, and says the Legislature intends efforts to be made to engage certain probationers in treatment.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202.7. 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. (Amended by Stats. 2007, Ch. 579, Sec. 42. Effective October 13, 2007.)
1202.8.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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People on probation are supervised by the county probation officer, and high-risk SARATSO probationers must be electronically monitored unless the court says monitoring is unnecessary.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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. (Amended by Stats. 2010, Ch. 328, Sec. 164. (SB 1330) Effective January 1, 2011.)
12021.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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If a person carries a firearm during certain street gang crimes, the court must add a prison term. The section also defines several firearm magazine/device terms and says the section becomes operative on January 1, 2022.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12021.5. (a) Every person who carries a loaded or unloaded firearm on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence. (b) Every person who carries a loaded or unloaded firearm together with a detachable shotgun magazine, a detachable pistol magazine, a detachable magazine, or a belt-feeding device on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for two, three, or four years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence. (c) As used in this section, the following definitions shall apply: (1) “Detachable magazine” means a device that is designed or redesigned to do all of the following: (A) To be attached to a rifle that is designed or redesigned to fire ammunition. (B) To be attached to, and detached from, a rifle that is designed or redesigned to fire ammunition. (C) To feed ammunition continuously and directly into the loading mechanism of a rifle that is designed or redesigned to fire ammunition. (2) “Detachable pistol magazine” means a device that is designed or redesigned to do all of the following: (A) To be attached to a semiautomatic firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition. (B) To be attached to, and detached from, a firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition. (C) To feed ammunition continuously and directly into the loading mechanism of a firearm that is not a rifle or a shotgun that is designed or redesigned to fire ammunition. (3) “Detachable shotgun magazine” means a device that is designed or redesigned to do all of the following: (A) To be attached to a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth or rifled bore. (B) To be attached to, and detached from, a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth bore. (C) To feed fixed shotgun shells continuously and directly into the loading mechanism of a firearm that is designed or redesigned to fire a fixed shotgun shell. (4) “Belt-feeding device” means a device that is designed or redesigned to continuously feed ammunition into the loading mechanism of a machinegun or a semiautomatic firearm. (5) “Rifle” shall have the same meaning as specified in Section 17090. (6) “Shotgun” shall have the same meaning as specified in Section 17190. (d) This section shall become operative on January 1, 2022. (Amended (as amended by Stats. 2013, Ch. 508, Sec. 12) by Stats. 2016, Ch. 887, Sec. 12. (SB 1016) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions.)
12022.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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Section 12022 adds prison enhancements for being armed with a firearm or using a deadly or dangerous weapon during certain felony conduct, with specific higher terms for some firearm and drug-offense situations.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022. (a) (1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm. (2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle. (b) (1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense. (2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years. (3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (c) (1) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. (2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code. (d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. (e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement. (f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition. (Amended November 5, 2024, by initiative Proposition 36, Sec. 10. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
12022.1.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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This section adds a two-year consecutive sentence enhancement for a secondary felony offense committed while the person was out on bail or own recognizance for a primary felony offense.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.1. (a) For the purposes of this section only: (1) “Primary offense” means a felony offense for which a person has been released from custody on bail or on his or her own recognizance prior to the judgment becoming final, including the disposition of any appeal, or for which release on bail or his or her own recognizance has been revoked. In cases where the court has granted a stay of execution of a county jail commitment or state prison commitment, “primary offense” also means a felony offense for which a person is out of custody during the period of time between the pronouncement of judgment and the time the person actually surrenders into custody or is otherwise returned to custody. (2) “Secondary offense” means a felony offense alleged to have been committed while the person is released from custody for a primary offense. (b) Any person arrested for a secondary offense that was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court. (c) The enhancement allegation provided in subdivision (b) shall be pleaded in the information or indictment which alleges the secondary offense, or in the information or indictment of the primary offense if a conviction has already occurred in the secondary offense, and shall be proved as provided by law. The enhancement allegation may be pleaded in a complaint but need not be proved at the preliminary hearing or grand jury hearing. (d) Whenever there is a conviction for the secondary offense and the enhancement is proved, and the person is sentenced on the secondary offense prior to the conviction of the primary offense, the imposition of the enhancement shall be stayed pending imposition of the sentence for the primary offense. The stay shall be lifted by the court hearing the primary offense at the time of sentencing for that offense and shall be recorded in the abstract of judgment. If the person is acquitted of the primary offense the stay shall be permanent. (e) If the person is convicted of a felony for the primary offense, is sentenced to state prison for the primary offense, and is convicted of a felony for the secondary offense, any sentence for the secondary offense shall be consecutive to the primary sentence and the aggregate term shall be served in the state prison, even if the term for the secondary offense specifies imprisonment in county jail pursuant to subdivision (h) of Section 1170. (f) If the person is convicted of a felony for the primary offense, is granted probation for the primary offense, and is convicted of a felony for the secondary offense, any sentence for the secondary offense shall be enhanced as provided in subdivision (b). (g) If the primary offense conviction is reversed on appeal, the enhancement shall be suspended pending retrial of that felony. Upon retrial and reconviction, the enhancement shall be reimposed. If the person is no longer in custody for the secondary offense upon reconviction of the primary offense, the court may, at its discretion, reimpose the enhancement and order him or her recommitted to custody. (Amended by Stats. 2013, Ch. 76, Sec. 167. (AB 383) Effective January 1, 2014.)
12022.10.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A court must add prison terms when someone sells or tries to sell property from retail shoplifting, theft, or burglary, with longer terms at higher property values.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.10. (a) When a person sells, exchanges, or returns for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose an additional term as follows: (1) If the property value exceeds fifty thousand dollars ($50,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of one year. (2) If the property value exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of two years. (3) If the property value exceeds one million dollars ($1,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of three years. (4) If the property value exceeds three million dollars ($3,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of four years. (5) For each property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4). (b) When a person acts in concert with another to sell, exchange, or return for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose the additional term specified in subdivision (a). (c) In an accusatory pleading involving multiple charges of sales, exchanges, or returns for value, or attempts to do the same, the additional terms provided in this section may be imposed when the aggregate value of the property involved exceeds the amounts specified in this section and arises from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954. (d) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (e) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count. (f) It is the intent of the Legislature that the provisions of this section be reviewed within five years to consider the effects of inflation on the additional terms imposed. For that reason, this section shall remain in effect only until January 1, 2030, and as of that date is repealed unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Added by Stats. 2024, Ch. 174, Sec. 1. (SB 1416) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions.)
12022.2.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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This section adds extra prison terms for people convicted of certain felonies when they are armed with a firearm and have armor-piercing ammunition, or when they wear a body vest during a violent offense.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.2. (a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. (b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in Section 29905, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. (c) As used in this section, “body vest” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer. (d) This section shall become operative on January 1, 2022. (Amended (as amended by Stats. 2013, Ch. 508, Sec. 14) by Stats. 2016, Ch. 887, Sec. 14. (SB 1016) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions.)
12022.3.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person convicted of the listed offenses receives an extra prison enhancement if they use or are armed with a firearm or deadly weapon.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.3. For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 264.1, 286, 287, 288, or 289, or former Section 262 or 288a, and in addition to the sentence provided, a person shall receive the following: (a) A 3-, 4-, or 10-year enhancement if the person uses a firearm or a deadly weapon in the commission of the violation. (b) A one-, two-, or five-year enhancement if the person is armed with a firearm or a deadly weapon. (Amended by Stats. 2021, Ch. 626, Sec. 64. (AB 1171) Effective January 1, 2022.)
12022.4.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person who supplies or offers to supply a firearm during a felony, to help commit a felony, faces an additional prison term if the required facts are charged and found true.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.4. (a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. The additional term provided in this section shall not be imposed unless the fact of the furnishing is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (b) This section shall become operative on January 1, 2022. (Amended (as amended by Stats. 2013, Ch. 508, Sec. 16) by Stats. 2016, Ch. 887, Sec. 16. (SB 1016) Effective January 1, 2017. Section operative January 1, 2022, by its own provisions.)
12022.5.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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This section adds prison-term enhancements for personally using a firearm, assault weapon, or machinegun during a felony or attempted felony, and gives the court limited power to strike or dismiss an enhancement in some cases.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.5. (a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense. (b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 30510 or 30515, or a machinegun, as defined in Section 16880, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years. (c) The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law. (d) Notwithstanding the limitation in subdivision (a) relating to being an element of the offense, the additional term provided by this section shall be imposed for any violation of Section 245 if a firearm is used, or for murder if the killing is perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury or death. (e) When a person is found to have personally used a firearm, an assault weapon, a machinegun, or a .50 BMG rifle, in the commission of a felony or attempted felony as provided in this section and the firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by that person, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (f) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as one single enhancement. (Amended by Stats. 2017, Ch. 682, Sec. 1. (SB 620) Effective January 1, 2018.)
12022.53.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.53. (a) This section applies to the following felonies: (1) Section 187 (murder). (2) Section 203 or 205 (mayhem). (3) Section 207, 209, or 209.5 (kidnapping). (4) Section 211 (robbery). (5) Section 215 (carjacking). (6) Section 220 (assault with intent to commit a specified felony). (7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter). (8) Section 261 or former Section 262 (rape). (9) Section 264.1 (rape or sexual penetration in concert). (10) Section 286 (sodomy). (11) Section 287 or former Section 288a (oral copulation). (12) Section 288 or 288.5 (lewd act on a child). (13) Section 289 (sexual penetration). (14) Section 4500 (assault by a life prisoner). (15) Section 4501 (assault by a prisoner). (16) Section 4503 (holding a hostage by a prisoner). (17) Any felony punishable by death or imprisonment in the state prison for life. (18) Any attempt to commit a crime listed in this subdivision other than an assault. (b) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply. (c) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years. (d) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to a person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life. (e) (1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved: (A) The person violated subdivision (b) of Section 186.22. (B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d). (2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm in the commission of the offense. (f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d). (g) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person found to come within the provisions of this section. (h) The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law. (i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section. (j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) 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. When an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other law, unless another enhancement provides for a greater penalty or a longer term of imprisonment. (k) When a person is found to have used or discharged a firearm in the commission of an offense that includes an allegation pursuant to this section and the firearm is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005. (l) The enhancements specified in this section shall not apply to the lawful use or discharge of a firearm by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5. (Amended by Stats. 2021, Ch. 626, Sec. 65. (AB 1171) Effective January 1, 2022.)
12022.55.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person who intentionally causes great bodily injury or death by firing a gun from a motor vehicle during a felony or attempted felony must receive an additional consecutive prison term of 5, 6, or 10 years.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.55. Notwithstanding Section 12022.5, any person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, as defined in Section 12022.7, or causes the death of a person, other than an occupant of a motor vehicle, as a result of discharging a firearm from a motor vehicle in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years. (Repealed and added by Stats. 2010, Ch. 711, Sec. 5. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
12022.65.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person who acts with two or more others to steal, damage, or destroy property while committing or trying to commit a felony can receive an extra, consecutive prison term of 1, 2, or 3 years.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.65. (a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years. (b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.6. (Added November 5, 2024, by initiative Proposition 36, Sec. 12. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
12022.7.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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This section adds prison terms for people who personally inflict great bodily injury during a felony or attempted felony.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.7. (a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism. (c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. (d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years. (e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700. (f) (1) As used in this section, “great bodily injury” means a significant or substantial physical injury. (2) As used in this section, a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. (g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense. (h) The court shall impose the additional terms of imprisonment under subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense. (Amended November 5, 2024, by initiative Proposition 36, Sec. 13. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
12022.75.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person who administers certain controlled substances to a victim in connection with a felony or specified sex offenses faces an additional consecutive prison term.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.75. (a) Except as provided in subdivision (b), any person who, for the purpose of committing a felony, administers by injection, inhalation, ingestion, or any other means, any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, against the victim’s will by means of force, violence, or fear of immediate and unlawful bodily injury to the victim or another person, shall, in addition and consecutive to the penalty provided for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years. (b) (1) Any person who, in the commission or attempted commission of any offense specified in paragraph (2), administers any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code to the victim shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. (2) This subdivision shall apply to the following offenses: (A) Rape, in violation of paragraph (3) or (4) of subdivision (a) of Section 261. (B) Sodomy, in violation of subdivision (f) or (i) of Section 286. (C) Oral copulation, in violation of subdivision (f) or (i) of Section 287 or of former Section 288a. (D) Sexual penetration, in violation of subdivision (d) or (e) of Section 289. (E) Any offense specified in subdivision (c) of Section 667.61. (Amended by Stats. 2018, Ch. 423, Sec. 115. (SB 1494) Effective January 1, 2019. Note: Section 12022.75 was amended on Nov. 7, 2006, by initiative Prop. 83.)
12022.8.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person who inflicts great bodily injury in certain specified sexual offense-related violations receives a five-year sentence enhancement for each violation, on top of the felony sentence.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.8. A person who inflicts great bodily injury, as defined in Section 12022.7, on a victim in a violation of Section 220 involving a specified sexual offense, or a violation or attempted violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, paragraph (1), (2), or (4) of subdivision (a) of former Section 262, Section 264.1, subdivision (b) of Section 288, subdivision (a) of Section 289, or sodomy or oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person as provided in Section 286 or 287, or former Section 288a, shall receive a five-year enhancement for each violation in addition to the sentence provided for the felony conviction. (Amended by Stats. 2021, Ch. 626, Sec. 66. (AB 1171) Effective January 1, 2022.)
12022.85.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person who commits certain listed sex offenses while knowing they have AIDS or HIV antibodies must receive a three-year sentence enhancement for each violation.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.85. (a) A person who violates one or more of the offenses listed in subdivision (b) with knowledge that the person has acquired immune deficiency syndrome (AIDS) or with the knowledge that the person carries antibodies of the human immunodeficiency virus at the time of the commission of those offenses shall receive a three-year enhancement for each violation in addition to the sentence provided under those sections. (b) Subdivision (a) applies to the following crimes: (1) Rape in violation of Section 261 or former Section 262. (2) Unlawful intercourse with a person under 18 years of age in violation of Section 261.5. (3) Sodomy in violation of Section 286. (4) Oral copulation in violation of Section 287 or former Section 288a. (c) For purposes of proving the knowledge requirement of this section, the prosecuting attorney may use test results received under subdivision (c) of Section 1202.1 or subdivision (g) of Section 1202.6. (Amended by Stats. 2021, Ch. 626, Sec. 67. (AB 1171) Effective January 1, 2022.)
12022.9.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person who injures a pregnant woman during a felony or attempted felony, with the required knowledge and intent, and causes termination of the pregnancy, is subject to an additional five-year consecutive prison term.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.9. Any person who, during the commission of a felony or attempted felony, knows or reasonably should know that the victim is pregnant, and who, with intent to inflict injury, and without the consent of the woman, personally inflicts injury upon a pregnant woman that results in the termination of the pregnancy shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. The additional term provided in this subdivision shall not be imposed unless the fact of that injury is charged in the accusatory pleading and admitted or found to be true by the trier of fact.Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187. (Amended (as amended by Stats. 2011, Ch. 15, Sec. 510) by Stats. 2011, Ch. 39, Sec. 62. (AB 117) Effective June 30, 2011. Amending action (succeeding the addition by Stats. 2010, Ch. 711) operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
12022.95.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
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A person convicted of violating Section 273a may receive a four-year sentence enhancement if the injury or death conditions described here are met and the allegation is properly pleaded and proven.

## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 2. SENTENCE ENHANCEMENTS [12001 - 12022.95] ( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. ) ## 12022.95. Any person convicted of a violation of Section 273a, who under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or injury that results in death, or having the care or custody of any child, under circumstances likely to produce great bodily harm or death, willfully causes or permits that child to be injured or harmed, and that injury or harm results in death, shall receive a four-year enhancement for each violation, in addition to the sentence provided for that conviction. Nothing in this paragraph shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 192. This section shall not apply unless the allegation is included within an accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (Repealed and added by Stats. 2010, Ch. 711, Sec. 5. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
1202a
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When a judgment sends someone to state prison, it must direct delivery into the custody of the Director of Corrections or a designated institution; death judgments go to San Quentin.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1202a. 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. (Amended by Stats. 1987, Ch. 828, Sec. 70.)
1203.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section defines probation and conditional sentence and sets out when courts and probation officers must prepare, share, and consider probation reports, as well as limits on granting probation in specified cases.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) (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) (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) 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) 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) The probation officer may also include in the report recommendations for both of the following: (i) The amount the defendant should be required to pay as a restitution fine pursuant to subdivision (b) of Section 1202.4. (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) 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) 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) 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) 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) 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) 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) 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) 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) Any person who willfully inflicted great bodily injury or torture in the perpetration of the crime of which that person has been convicted. (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) 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) 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) 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) The person used, or attempted to use, a deadly weapon upon a human being in connection with the perpetration of the previous crime. (C) The person willfully inflicted great bodily injury or torture in the perpetration of the previous crime. (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) Any person who knowingly furnishes or gives away phencyclidine. (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) 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) 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) Any person who is convicted of violating Section 8101 of the Welfare and Institutions Code. (13) Any person who is described in subdivision (b) or (c) of Section 27590. (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) 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) 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) 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) 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) 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) 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) 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. (Amended by Stats. 2023, Ch. 218, Sec. 4. (SB 852) Effective January 1, 2024.)
1203.01.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The clerk of the court must mail specified judgment-related documents and statements to the Department of Corrections and Rehabilitation and, in some cases, to the defendant, defense counsel, and the district attorney.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) (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) 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) 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. (Amended by Stats. 2021, Ch. 434, Sec. 7. (SB 827) Effective January 1, 2022.)
1203.016.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets county officials set up a home detention program and requires participants to follow written rules, stay at home during set hours, allow supervision, and accept electronic monitoring.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) The participant shall remain within the interior premises of the participant’s residence during the hours designated by the correctional administrator. (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) 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) 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) 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) 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) 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) 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) 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) 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) As used in this section, “correctional administrator” means the sheriff, probation officer, or director of the county department of corrections. (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) 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) 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) Program acceptance shall not circumvent the normal booking process for sentenced offenders. All home detention program participants shall be supervised. (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) Each contract shall include, but not be limited to, all of the following: (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) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity. (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) 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) 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) All privately operated home detention programs shall comply with all appropriate, applicable ordinances and regulations specified in subdivision (a) of Section 1208. (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) 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) 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) 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) For purposes of this section, “evidence of financial responsibility” may include, but is not limited to, certified copies of any of the following: (1) A current liability insurance policy. (2) A current errors and omissions insurance policy. (3) A surety bond. (k) This section shall become operative on July 1, 2021. (Amended by Stats. 2023, Ch. 218, Sec. 5. (SB 852) Effective January 1, 2024.)
1203.017.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets county officials authorize involuntary home detention with electronic monitoring for some inmates instead of jail confinement, and it sets compliance, reporting, and contract rules.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) The participant shall remain within the interior premises of their residence during the hours designated by the correctional administrator. (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) 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) 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) 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) 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) 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) 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) 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) 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) As used in this section, “correctional administrator” means the sheriff, probation officer, or director of the county department of corrections. (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) The information required by paragraph (1) shall consist of the following: (A) The participant’s name, address, and date of birth. (B) The offense committed by the participant. (C) The period of time the participant will be placed on home detention. (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) The gender and ethnicity of the participant. (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) 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) 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) Program acceptance shall not circumvent the normal booking process for sentenced offenders. All home detention program participants shall be supervised. (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) Each contract shall include, but not be limited to, all of the following: (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) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity. (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) 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) 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) All privately operated home detention programs shall comply with all appropriate, applicable ordinances and regulations specified in subdivision (a) of Section 1208. (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) 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) 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) 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) Inmates participating in this program shall not be charged fees or costs for the program. (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) A current liability insurance policy. (2) A current errors and omissions insurance policy. (3) A surety bond. (Amended by Stats. 2023, Ch. 218, Sec. 6. (SB 852) Effective January 1, 2024.)
1203.018.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets a county board authorize an electronic monitoring/home detention program for certain inmates held in lieu of bail, subject to eligibility rules and supervision conditions.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) (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) 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) The inmate has been held in custody pending disposition of charges for at least 60 calendar days from the date of arraignment. (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) All participants shall be subject to discretionary review for eligibility and compliance by the correctional administrator consistent with this section. (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) The participant shall remain within the interior premises of the participant’s residence during the hours designated by the correctional administrator. (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) 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) 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) 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) 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) 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) (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) 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) 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) 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) For purposes of this section, the following terms have the following meanings: (1) “Correctional administrator” means the sheriff, probation officer, or director of the county department of corrections. (2) “Electronic monitoring program” includes, but is not limited to, home detention programs, work furlough programs, and work release programs. (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) The participant’s name, address, and date of birth. (2) The offense or offenses alleged to have been committed by the participant. (3) The period of time the participant will be placed on home detention. (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) The gender and ethnicity of the participant. (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) 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) 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) 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) Program participants shall undergo the normal booking process for arrestees entering the jail. All electronic monitoring program participants shall be supervised. (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) Each contract specified in subparagraph (A) shall include, but not be limited to, all of the following: (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) A provision that clearly defines areas of respective responsibility and liability of the county and the private agency or entity. (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) 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) 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) 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) All privately operated electronic monitoring programs shall comply with all applicable ordinances and regulations specified in subdivision (a) of Section 1208. (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) 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) 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) 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) For purposes of this section, “evidence of financial responsibility” may include, but is not limited to, certified copies of any of the following: (i) A current liability insurance policy. (ii) A current errors and omissions insurance policy. (iii) A surety bond. (o) This section shall become operative on July 1, 2021. (Amended by Stats. 2023, Ch. 218, Sec. 7. (SB 852) Effective January 1, 2024.)
1203.02.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When granting probation in certain Section 290 cases, the court or judge must ask whether the defendant was intoxicated or heavily using alcohol, and if so must make total abstinence from alcohol a condition of probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.02. 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. (Amended by Stats. 1951, Ch. 1608.)
1203.03.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A court may send a defendant to a diagnostic facility for up to 90 days, and the corrections department and probation officer have confidentiality and reporting duties tied to the report.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) 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) 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) 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) 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. (Amended by Stats. 1977, Ch. 165.)
1203.044.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a defendant on probation for a controlled substance offense has an identified appropriate program, the court must order drug treatment or drug education. The court may revoke probation for noncompliance and may impose a new grant of probation if the failure was willful.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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. (Added by Stats. 2024, Ch. 1007, Sec. 1. (AB 2106) Effective January 1, 2025.)
1203.045.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation generally cannot be granted for theft convictions over $100,000, unless an unusual case shows that justice would best be served by probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Added by Stats. 1983, Ch. 327, Sec. 1.)
1203.046.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation is generally barred for a person convicted under Section 653j for using a minor to commit a felony, except in unusual cases where justice would be best served by probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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. (Amended by Stats. 1989, Ch. 897, Sec. 37.5.)
1203.047.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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People convicted of certain Section 502/502.7 offenses may receive probation, but it must generally last at least three years and includes a restriction on taking computer-connected employment unless the court approves it.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.047. 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. (Added by Stats. 1989, Ch. 1357, Sec. 3.)
1203.048.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation is generally barred for convictions under Section 502 or 502.7(b) involving property over $100,000, except in unusual cases where justice would be better served by probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Added by Stats. 1989, Ch. 1357, Sec. 4.)
1203.049.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation is generally barred for certain Welfare and Institutions Code violations involving electronic transfer of CalFresh benefits over $100,000, except in unusual cases where justice would better be served by probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Amended by Stats. 2011, Ch. 227, Sec. 16. (AB 1400) Effective January 1, 2012.)
1203.05.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation officer reports may be inspected or copied only by specified people, within specified time limits, or by court order.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.05. 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) 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) By any person, at any time, by order of the court, upon filing a petition therefor by the person. (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) By any person authorized or required by law to inspect or receive copies of the report. (e) By the district attorney of the county at any time. (f) By the subject of the report at any time. (Amended by Stats. 1997, Ch. 128, Sec. 1. Effective January 1, 1998.)
1203.055.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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For certain crimes committed against people on public transit vehicles, the court must impose some jail confinement and, if probation is granted, make jail time a probation condition.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) Subdivision (a) applies to the following crimes: (1) Murder. (2) A violation of Section 241, 241.3, 241.4, 244, 245, 245.2, or 246. (3) Robbery, in violation of Section 211. (4) Kidnapping, in violation of Section 207. (5) Kidnapping, in violation of Section 209. (6) Battery, in violation of Section 243, 243.1, or 243.3. (7) Rape, in violation of Section 261, 264, or 264.1, or former Section 262. (8) Assault with intent to commit rape or sodomy, in violation of Section 220. (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) Grand theft, in violation of subdivision (1) of Section 487. (11) Throwing of a hard substance or shooting a missile at a transit vehicle, in violation of Section 219.2. (12) Unlawfully causing a fire, in violation of Section 452. (13) Drawing, exhibiting, or using a firearm or deadly weapon, in violation of Section 417. (14) A violation of Section 214. (15) A violation of Section 215. (16) Kidnapping, in violation of Section 209.5. (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) (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) 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) 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) 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. (Amended by Stats. 2022, Ch. 197, Sec. 20. (SB 1493) Effective January 1, 2023.)
1203.06.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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People who personally used a firearm in listed crimes, or who meet the listed prior-conviction/firearm conditions, are not eligible for probation or sentence suspension under this section.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) A person who personally used a firearm during the commission or attempted commission of any of the following crimes: (A) Murder. (B) Robbery, in violation of Section 211. (C) Kidnapping, in violation of Section 207, 209, or 209.5. (D) Lewd or lascivious act, in violation of Section 288. (E) Burglary of the first degree, as defined in Section 460. (F) Rape, in violation of Section 261, 264.1, or former Section 262. (G) Assault with intent to commit a specified sexual offense, in violation of Section 220. (H) Escape, in violation of Section 4530 or 4532. (I) Carjacking, in violation of Section 215. (J) Aggravated mayhem, in violation of Section 205. (K) Torture, in violation of Section 206. (L) Continuous sexual abuse of a child, in violation of Section 288.5. (M) A felony violation of Section 136.1 or 137. (N) Sodomy, in violation of Section 286. (O) Oral copulation, in violation of Section 287 or former Section 288a. (P) Sexual penetration, in violation of Section 289 or 264.1. (Q) Aggravated sexual assault of a child, in violation of Section 269. (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) Aggravated arson, in violation of Section 451.5. (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) For purposes of this section, the following definitions apply: (1) “Armed with a firearm” means to knowingly carry or have available for use a firearm as a means of offense or defense. (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. (Amended by Stats. 2021, Ch. 626, Sec. 46. (AB 1171) Effective January 1, 2022.)
1203.065.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section generally bars probation and suspension of sentence for people convicted of certain listed sexual offenses, with a narrow exception for unusual cases where justice would be best served by probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) (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) 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. (Amended by Stats. 2018, Ch. 423, Sec. 92. (SB 1494) Effective January 1, 2019. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
1203.066.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section bars probation and sentence suspension for certain Section 288 or 288.5 offenders, and it requires specific court findings and probation conditions when probation is still available.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) A person who caused bodily injury on the child victim in committing a violation of Section 288 or 288.5. (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) A person who used a weapon during the commission of a violation of Section 288 or 288.5. (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) A person who violated Section 288 or 288.5 while kidnapping the child victim in violation of Section 207, 209, or 209.5. (7) A person who is convicted of committing a violation of Section 288 or 288.5 against more than one victim. (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) 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) “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) (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) For the existence of any fact under paragraph (7) of subdivision (a), the allegation must be made pursuant to this section. (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) 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) 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) 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) 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) The court finds that there is no threat of physical harm to the victim if probation is granted. (2) The court shall state its reasons on the record for whatever sentence it imposes on the defendant. (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) 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) 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) As used in subdivision (d), the following definitions apply: (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) “Recognized treatment program” means a program that consists of the following components: (A) Substantial expertise in the treatment of child sexual abuse. (B) A treatment regimen designed to specifically address the offense. (C) The ability to serve indigent clients. (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. (Amended by Stats. 2021, Ch. 626, Sec. 47. (AB 1171) Effective January 1, 2022.)
1203.067.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Before probation can be granted for certain listed felonies, the court must order an evaluation, hold a sentencing hearing about victim safety, and require related report content. For formal probation in certain registration cases, the person must take part in or complete a sex offender management program, waive certain privileges, and pay the program cost if ordered, but inability to pay cannot by itself block probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) Order the defendant evaluated pursuant to Section 1203.03, or similar evaluation by the county probation department. (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) 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) 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) 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) 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) Waiver of any privilege against self-incrimination and participation in polygraph examinations, which shall be part of the sex offender management program. (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) 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. (Amended by Stats. 2021, Ch. 626, Sec. 48. (AB 1171) Effective January 1, 2022.)
1203.07.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation and sentence suspension are barred for certain convictions involving a minor and specified drug offenses, except in unusual cases where justice is best served.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) 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. (Repealed and added by Stats. 2021, Ch. 537, Sec. 3. (SB 73) Effective January 1, 2022.)
1203.074.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation is generally barred for certain felony convictions and for people convicted under Health and Safety Code Section 11366.6, except in an unusual case where justice would be best served.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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. (Added by Stats. 1985, Ch. 1533, Sec. 3.)
1203.075.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section restricts probation and sentence suspension for a person who personally inflicts great bodily injury during certain listed crimes, and requires the disqualifying fact to be alleged and later admitted or found true.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) Murder. (2) Robbery, in violation of Section 211. (3) Kidnapping, in violation of Section 207, 209, or 209.5. (4) Lewd or lascivious act, in violation of Section 288. (5) Burglary of the first degree, as defined in Section 460. (6) Rape, in violation of Section 261, 264.1, or former Section 262. (7) Assault with intent to commit a specified sexual offense, in violation of Section 220. (8) Escape, in violation of Section 4530 or 4532. (9) Sexual penetration, in violation of Section 289 or 264.1. (10) Sodomy, in violation of Section 286. (11) Oral copulation, in violation of Section 287 or former Section 288a. (12) Carjacking, in violation of Section 215. (13) Continuous sexual abuse of a child, in violation of Section 288.5. (14) Aggravated sexual assault of a child, in violation of Section 269. (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. (Amended by Stats. 2021, Ch. 626, Sec. 49. (AB 1171) Effective January 1, 2022.)
1203.076.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A person convicted of certain cocaine or heroin offenses who is granted probation may be confined in county jail for at least 180 days as a probation condition.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.076. 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. (Amended by Stats. 2019, Ch. 574, Sec. 1. (AB 484) Effective January 1, 2020.)
1203.08.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section bars probation and sentence suspension for certain adults convicted of a designated felony if they have qualifying prior felony convictions within 10 years.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) (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) 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) 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) 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. (Amended by Stats. 2021, Ch. 626, Sec. 50. (AB 1171) Effective January 1, 2022.)
1203.085.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Some convicted people on parole for certain prior serious crimes cannot receive probation or have their sentence suspended if they reoffend while on parole.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Amended by Stats. 1997, Ch. 160, Sec. 1. Effective January 1, 1998.)
1203.09.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation and sentence suspension are generally barred for certain serious crimes committed against older or disabled victims when great bodily injury is inflicted, with a narrow exception for unusual cases where justice would be better served by probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) Subdivision (a) applies to the following crimes: (1) Murder. (2) Robbery, in violation of Section 211. (3) Kidnapping, in violation of Section 207. (4) Kidnapping, in violation of Section 209. (5) Burglary of the first degree, as defined in Section 460. (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) Assault with intent to commit rape or sodomy, in violation of Section 220. (8) Carjacking, in violation of Section 215. (9) Kidnapping, in violation of Section 209.5. (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) As used in this section, “great bodily injury” has the same meaning as defined in Section 12022.7. (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) 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. (Amended by Stats. 2021, Ch. 626, Sec. 51. (AB 1171) Effective January 1, 2022.)
1203.095.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a person is convicted of certain offenses and gets probation or a suspended sentence, the court must require a minimum jail term, unless an unusual-case exception applies.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Amended by Stats. 1995, Ch. 377, Sec. 4. Effective January 1, 1996.)
1203.096.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a person is convicted of a felony and sentenced to state prison, the court must recommend in writing participation in a counseling or education program with a substance abuse component while imprisoned, when the listed findings are made.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true: (1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages. (2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance. (3) That the defendant has a demonstrated history of substance abuse. (4) That the offense or offenses for which the defendant was convicted are drug related. (Added by Stats. 1991, Ch. 552, Sec. 1.)
1203.097.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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For probation in certain domestic-violence-related cases, the court must impose specified probation terms, including a 36-month minimum, protective orders, victim notice, booking, fees, counseling, community service, and other conditions.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) A minimum period of probation of 36 months, which may include a period of summary probation as appropriate. (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) Notice to the victim of the disposition of the case. (4) Booking the defendant within one week of sentencing if the defendant has not already been booked. (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) 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) 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) 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) 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) 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) 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) 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) (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) 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) 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) 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) 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) (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) The defendant has been violence free for a minimum of six months. (ii) The defendant has cooperated and participated in the batterer’s program. (iii) The defendant demonstrates an understanding of and practices positive conflict resolution skills. (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) The defendant demonstrates an understanding that the use of coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship. (vi) The defendant has made threats to harm anyone in any manner. (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) The defendant demonstrates acceptance of responsibility for the abusive behavior perpetrated against the victim. (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) 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) 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) That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000). (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) 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) 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) 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) 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) 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) Social, economic, and family background. (B) Education. (C) Vocational achievements. (D) Criminal history. (E) Medical history. (F) Substance abuse history. (G) Consultation with the probation officer. (H) Verbal consultation with the victim, only if the victim desires to participate. (I) Assessment of the future probability of the defendant committing murder. (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) 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) 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) 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) A requirement that the defendant participate in ongoing same-gender group sessions. (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) 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) A requirement that the defendant attend group sessions free of chemical influence. (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) A requirement that excludes any couple counseling or family counseling, or both. (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) 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) Program staff who are encouraged to utilize the expertise, training, and assistance of local domestic violence centers. (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) 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) Program content that provides cultural and ethnic sensitivity. (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) Procedures for submitting to the probation department all of the following uniform written responses: (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) Periodic progress reports that include attendance, fee payment history, and program compliance. (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) 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) 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) 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) 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) No program, regardless of its source of funding, shall be approved unless it meets all of the following standards: (A) The establishment of guidelines and criteria for education services, including standards of services that may include lectures, classes, and group discussions. (B) Supervision of the defendant for the purpose of evaluating the person’s progress in the program. (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) 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) In making referrals of indigent defendants to approved batterer’s programs, the probation department shall apportion these referrals evenly among the approved programs. (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) The procedure for the approval of a new or existing program shall include all of the following: (i) The completion of a written application containing necessary and pertinent information describing the applicant program. (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) The onsite review of the program, including monitoring of a session to determine that the program adheres to applicable statutes and regulations. (iv) The payment of the approval fee. (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) 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) Violation of this section by any person holding approval or by a program employee in a program under this section. (ii) Misrepresentation of any material fact in obtaining the approval. (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) The program shall conduct an exit conference that assesses the defendant’s progress during the defendant’s participation in the batterer’s program. (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. (Amended by Stats. 2024, Ch. 538, Sec. 7. (AB 2907) Effective January 1, 2025.)
1203.098.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Facilitators in batterers’ intervention programs must complete specified training and annual continuing education before working, unless an exemption applies.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) A minimum of eight hours in multicultural, cross-cultural, and multiethnic diversity and domestic violence. (C) A minimum of four hours in substance abuse and domestic violence. (D) A minimum of four hours in intake and assessment, including the history of violence and the nature of threats and substance abuse. (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) A minimum of four hours in group facilitation. (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) 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) The coursework that this person performs shall count toward the continuing education requirement. (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) Cofacilitation internship in which an experienced facilitator is present in the room during the group session. (B) Observation by a trainer of the trainee conducting a group session via a one-way mirror. (C) Observation by a trainer of the trainee conducting a group session via a video or audio recording. (D) Consultation or supervision twice a week in a six-month program or once a week in a 52-week program. (3) An experienced facilitator is one who has the following qualifications: (A) Documentation on file, approved by the agency, evidencing that the experienced facilitator has the skills needed to provide quality supervision and training. (B) Documented experience working with batterers for three years, and a minimum of two years working with batterers’ groups. (C) Documentation by January 1, 2003, of coursework or equivalent training that demonstrates satisfactory completion of the 40-hour basic core training. (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) 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) (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) 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) 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. (Amended by Stats. 2010, Ch. 328, Sec. 165. (SB 1330) Effective January 1, 2011.)
1203.099.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Named counties may offer a special domestic-violence program if it meets listed conditions, and the county must collect participant data and report program information annually to the Legislature.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.099. (a) The Counties of Napa, Sacramento, 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) The county develops the program in consultation with the domestic violence service providers and other relevant community partners. (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) The offender’s treatment within the program is based on the findings of the risk and needs assessment. (4) The program includes components which are evidence-based or promising practices. (5) The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities. (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) The county collects all of the following data for participants in the program: (A) The offender’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status. (B) The offender’s criminal history. (C) The offender’s risk level as determined by the risk and needs assessment. (D) The treatment provided to the offender during the program and if the offender completed that treatment. (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) The county reports all of the following information annually to the Legislature: (A) The risk and needs assessment tool used for the program. (B) The curriculum used by each program. (C) The number of participants with a program length other than one year, and the alternative program lengths used. (D) Individual data on the number of offenders participating in the program. (E) Individual data for the items described in paragraph (7). (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) As used in this section, the following definitions shall apply: (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) “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) 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) This section shall become operative on July 1, 2019. (f) This section shall remain in effect only until July 1, 2030, and as of that date is repealed. (Amended by Stats. 2026, Ch. 37, Sec. 1. (AB 1549) Effective June 30, 2026. Repealed as of July 1, 2030, by its own provisions.)
1203.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets the court set probation conditions, including restitution, jail or fines, community service, and other requirements, and it sets deadlines for forwarding restitution payments.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) The court may fine the defendant in a sum not to exceed the maximum fine provided by law in the case. (2) The court may, in connection with granting probation, impose either imprisonment in a county jail or a fine, both, or neither. (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) The court may require bonds for the faithful observance and performance of any or all of the conditions of probation. (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) 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) 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) 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) 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) (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) Offenses in violation of the Dangerous Weapons Control Law, as defined in Section 23500. (B) Offenses involving the use of a dangerous or deadly weapon, including all violations of Section 417. (C) Offenses involving the use or attempted use of violence against the person of another or involving injury to a victim. (D) Offenses involving annoying or molesting children. (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) The court and the prosecuting attorney need not consider a defendant pursuant to paragraph (1) if the following circumstances exist: (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) 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) 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) (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) 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) 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) 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) The two-year probation limit in subdivision (a) shall not apply to: (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) 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) This section shall become operative on January 1, 2022. (Repealed (in Sec. 21) and added by Stats. 2021, Ch. 257, Sec. 22. (AB 177) Effective September 23, 2021. Operative January 1, 2022, by its own provisions.)
1203.10.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A probation officer must investigate and report certain information to the court when directed, keep detailed probation records if the person is placed on probation, and may destroy records five years after probation ends.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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. (Amended by Stats. 2016, Ch. 59, Sec. 4. (SB 1474) Effective January 1, 2017.)
1203.11.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A probation or parole officer or parole agent may serve process for a temporary restraining order or other protective order when the person appears for an appointment at the officer’s office.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.11. 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. (Added by Stats. 1991, Ch. 866, Sec. 5.)
1203.12.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The probation officer must give each probationer in his care a written statement of probation terms and conditions, unless the court has already provided one, and must report any violation or breach to the court or judge that released the person on probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.12. 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. (Amended by Stats. 1968, Ch. 1222.)
1203.13.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A county probation officer may establish or help establish public crime-prevention councils or committees, and may work with them to prevent or reduce crime.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.13. 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. (Added by Stats. 1947, Ch. 876.)
1203.14.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation departments may run activities to prevent adult delinquency and provide direct or indirect services to people in the community.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.14. 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. (Added by Stats. 1973, Ch. 512.)
1203.1a
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A county probation officer may allow certain probation inmates to leave custody briefly or be temporarily released for return-to-community preparation, and may require reimbursement to the county.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1a. 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. (Added by Stats. 1971, Ch. 1357.)
1203.1d
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The court must decide restitution and other reimbursable costs first, and may allow installment payments if that fits the defendant’s finances.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1d. (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) 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) Restitution ordered to, or on behalf of, the victim pursuant to subdivision (f) of Section 1202.4. (2) The state surcharge ordered pursuant to Section 1465.7. (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) Any other reimbursable costs. (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) 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) This section shall become operative on July 1, 2021. (Repealed (in Sec. 50) and added by Stats. 2020, Ch. 92, Sec. 51. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
1203.1f
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If practicable, the court must consolidate ability-to-pay determination hearings into one proceeding.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1f. 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. (Amended by Stats. 2002, Ch. 198, Sec. 1. Effective January 1, 2003.)
1203.1g
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When a defendant convicted of sexual assault on a minor is eligible for probation, the court must make restitution and can require employment and payment of earnings toward the victim’s treatment costs.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1g. 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. (Amended by Stats. 1994, Ch. 146, Sec. 168. Effective January 1, 1995.)
1203.1h
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A court may order a convicted defendant to reimburse medical examination costs in child abuse, neglect, sexual assault, or attempted sexual assault cases, but it must consider the defendant’s ability to pay and may not jail an indigent defendant instead of payment.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1h. (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) 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. (Amended by Stats. 2019, Ch. 714, Sec. 2. (AB 538) Effective January 1, 2020.)
1203.1i
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A court may place certain probationers under house confinement, and may also require payment for a guard if the defendant can afford it.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1i. (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) 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) As used in this section, “house confinement” means confinement to a residence or location designated by the court and specified in the probation order. (Added by Stats. 1987, Ch. 1063, Sec. 1.)
1203.1j
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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For certain assault-related convictions involving a victim age 65 or older, the court must make probation conditional on restitution, employment, and applying specified earnings toward the victim’s treatment costs. The defendant can also get a hearing on later changes to the restitution amount.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1j. 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. (Amended by Stats. 1990, Ch. 45, Sec. 8.)
1203.1k
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The court may set restitution details, may let the probation officer set them with the defendant’s consent, and the defendant may challenge the probation officer’s determinations at a hearing.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1k. 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. (Amended by Stats. 2000, Ch. 1016, Sec. 10. Effective January 1, 2001.)
1203.1l
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a court orders emergency-response restitution as a probation condition, the probation department must gather the public agency’s actual costs and supporting documents, and the defendant may challenge the amount at sentencing.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.1l. 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) 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) 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) 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) 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. (Added by renumbering Section 1203.1i (as added by Stats. 1987, Ch. 713) by Stats. 1989, Ch. 1360, Sec. 114.)
1203.2.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets officers rearrest a supervised person when they have probable cause to think a supervision term was violated, and lets the court modify, revoke, terminate, or release the person in defined circumstances.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) (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) 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) 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) 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) 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) As used in this section, the following definitions shall apply: (1) “Court” means a judge, magistrate, or revocation hearing officer described in Section 71622.5 of the Government Code. (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) “Supervised person” means a person who satisfies any of the following: (A) The person is released on probation subject to the supervision of a probation officer. (B) The person is released on conditional sentence or summary probation not under the care of a probation officer. (C) The person is subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. (D) The person is subject to revocation of postrelease community supervision pursuant to Section 3455. (E) The person is subject to revocation of parole pursuant to Section 3000.08. (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. (Amended by Stats. 2021, Ch. 533, Sec. 1. (AB 1228) Effective January 1, 2022.)
1203.25.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section generally requires courts to release eligible people on their own recognizance before a formal probation violation hearing, unless a narrow evidence-based exception applies.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) The court shall not require the use of any algorithm-based risk assessment tool in setting conditions of release. (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) 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) (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) “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) 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) 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) 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) 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. (Amended by Stats. 2023, Ch. 218, Sec. 8. (SB 852) Effective January 1, 2024.)
1203.2a
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets the court handle sentencing after a probationer is imprisoned for another offense, and sets reporting and time limits for the probation officer and the court.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.2a. 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. (Amended by Stats. 1989, Ch. 1420, Sec. 2.)
1203.3.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The court may change probation or mandatory supervision orders, but several hearings, notices, and recordkeeping steps must be followed.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) As used in this section, modification of sentence shall include reducing a felony to a misdemeanor. (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) 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) 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) 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) 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) 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) Whether the probationer or supervised person has accepted responsibility for the abusive behavior perpetrated against the victim. (B) Whether the probationer or supervised person is currently attending and actively participating in counseling sessions. (C) Whether the probationer or supervised person has completed parenting counseling, or attended alcoholics or narcotics counseling. (D) Whether the probationer or supervised person has moved from the state, or is incarcerated. (E) Whether the probationer or supervised person is still cohabiting, or intends to cohabit, with any subject of the order. (F) Whether the defendant has performed well on probation or mandatory supervision, including consideration of any progress reports. (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) Whether the change will impact any children involved, including consideration of any child protective services information. (I) Whether the ends of justice would be served by limiting or terminating the order. (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) 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) This section does not apply to cases covered by Section 1203.2. (Amended by Stats. 2019, Ch. 573, Sec. 1. (AB 433) Effective January 1, 2020.)
1203.35.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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County probation departments may use flash incarceration for probation or mandatory supervision violations if the defendant waives a court hearing first; counties must set response protocols, a supervisor must approve the term, and the probation department must notify listed officials.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) A supervisor shall approve the term of flash incarceration prior to the imposition of flash incarceration. (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) 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) 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) This section shall not apply to any defendant sentenced pursuant to Section 1210.1. (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. (Amended by Stats. 2022, Ch. 756, Sec. 2. (AB 1744) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)
1203.4.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets eligible defendants ask the court to withdraw certain guilty pleas or set aside a guilty verdict, dismiss the case, and release them from resulting penalties and disabilities, but only subject to listed exceptions and notice requirements.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) This subdivision shall apply to all applications for relief under this section which are filed on or after November 23, 1970. (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) (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) 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) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine. (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) 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) (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) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. (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) 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. (Amended by Stats. 2023, Ch. 47, Sec. 6. (AB 134) Effective July 10, 2023.)
1203.41.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A court may grant certain felony conviction relief, but only under stated conditions and notice rules.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) 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) The defendant may make the application and change of plea in person or by attorney, or by a probation officer authorized in writing. (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) Relief granted pursuant to subdivision (a) is subject to all of the following conditions: (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) 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) 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) 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) This section applies to any conviction specified in subdivision (a) that occurred before, on, or after January 1, 2021. (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) (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) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. (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) 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) 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. (Amended by Stats. 2023, Ch. 47, Sec. 8. (AB 134) Effective July 10, 2023.)
1203.42.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets a court grant certain post-conviction relief for eligible defendants, but only under specified conditions and after required notice and waiting periods.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) The defendant may make the application and change of plea in person or by attorney, or by a probation officer authorized in writing. (b) Relief granted pursuant to subdivision (a) is subject to the following conditions: (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) 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) 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) 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) 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) (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) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. (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. (Amended by Stats. 2023, Ch. 47, Sec. 9. (AB 134) Effective July 10, 2023.)
1203.425.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The Department of Justice must review records each month and grant automatic conviction relief to eligible people, unless a petition blocks relief. Courts and the department also have notice, record-updating, and non-disclosure duties.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions: (i) The person is not required to register pursuant to the Sex Offender Registration Act. (ii) The person does not have an active record for local, state, or federal supervision in the Supervised Release File. (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) The conviction meets either of the following criteria: (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) (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) 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) 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) (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) 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) 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) 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) Relief granted pursuant to this section is subject to the following conditions: (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) 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) 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) 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) 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) 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) 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) 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) 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) 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) (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) 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) 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) 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) 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) 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) (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) The court shall give notice to the defendant and conduct a hearing on the petition within 45 days after the petition is filed. (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) 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) Declarations or evidence regarding the offense for which a grant of relief is being contested. (B) The defendant’s record of arrests and convictions. (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) The hardship to the defendant that has been caused by the conviction and that would be caused if relief is not granted. (B) Declarations or evidence regarding the defendant’s good character. (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) 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) 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) This section shall become operative on October 1, 2024. (Amended (as amended by Stats. 2023, Ch. 444, Sec. 1) by Stats. 2024, Ch. 49, Sec. 5. (AB 168) Effective July 2, 2024. Operative October 1, 2024, by its own provisions.)
1203.43.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a qualifying defendant asks, the court must let them withdraw a guilty or nolo contendere plea and enter a not guilty plea, and must dismiss the complaint or information.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) Accordingly, the Legislature finds and declares that based on this misinformation and the potential harm, the defendant’s prior plea is invalid. (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. (Added by Stats. 2015, Ch. 646, Sec. 1. (AB 1352) Effective January 1, 2016.)
1203.44.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Sacramento and Yolo Counties may run a voluntary secured residential treatment pilot program for certain eligible people with substance use disorders, and judges must offer it in qualifying cases.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) (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) The program facility shall not be a jail, prison, or other correctional setting. (C) The program facility shall be secured but shall not include a lockdown setting. (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) The program is limited to one facility site per county. (5) The State Department of Health Care Services monitors the program facility to ensure the health, safety, and well-being of program participants. (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) The program facility ensures that participants have visitation rights, including through the use of a telephone. (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) 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) 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) The program adopts the Treatment Criteria of ASAM. The program may take into consideration evolving best practices in the SUD treatment community. (12) The program has a comprehensive written curriculum that informs the operations of the program and outlines the treatment and intervention modalities. (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) 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) 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) 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) 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) (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) 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) A summary of the pertinent data collected under paragraphs (19) and (20) over the course of the pilot program. (ii) The clinical efficacy of the secured residential treatment pilot program based on the data collected under paragraphs (19) and (20). (iii) The effects of the secured residential treatment pilot program on participant recidivism and sustainable recovery. (iv) A recommendation for the continuation and expansion of the secured residential treatment pilot project model beyond the pilot program. (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) 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) The county collects and monitors all of the following data for participants in the program: (A) The participant’s demographic information, including age, gender, race, ethnicity, marital status, familial status, and employment status. (B) The participant’s criminal history. (C) The participant’s risk level, as determined by the risk, needs, and biopsychosocial assessment. (D) The treatment provided to the participant during the program, and if the participant completed that treatment. (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) 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) The risk, needs, and biopsychosocial assessment tool used for the program. (B) The curriculum used by each program. (C) The number of participants with a program length other than one year and the alternative program lengths used. (D) Individual data on the number of participants participating in the program. (E) Individual data for the items described in paragraph (19). (F) A one- and three-year evaluation of the number of subsequent arrests and convictions of the participants. (b) (1) Eligible drug-motivated crimes shall include any felony crime other than the following: (A) Sex crimes listed in subdivision (c) of Section 290. (B) A “serious felony” as defined in subdivision (c) of Section 1192.7 or in Section 1192.8. (C) A “violent felony” as defined in subdivision (c) of Section 667.5. (D) “Domestic violence” as defined in the Domestic Violence Prevention Act (Division 10 (commencing with Section 6200) of the Family Code). (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) Notwithstanding paragraph (1), a “nonviolent drug possession offense” specified in subdivision (a) of Section 1210 may not be diverted pursuant to this program. (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) The defendant’s crime was caused in whole or in part by the defendant’s SUD. (B) The defendant’s crime meets the criteria described in subdivision (b). (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) 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) During the period that an individual is participating in the pilot program, the individual shall be on supervision with the probation department. (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) 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) 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) 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) 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) 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) 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) 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. (Added by Stats. 2023, Ch. 685, Sec. 2. (AB 1360) Effective January 1, 2024. Repealed as of July 1, 2029, by its own provisions.)
1203.45.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Some people who were under 18 when they committed a misdemeanor may ask the court to seal the conviction and related records, if they meet the Section 1203.4 or 1203.4a relief conditions.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) This section applies to convictions that occurred before, as well as those that occur after, the effective date of this section. (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) 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) One of the offenses includes the other or others. (2) The other conviction or convictions were for the following: (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) Violation of a local ordinance relating to the operation, stopping, standing, or parking of a motor vehicle. (3) The other conviction or convictions consisted of any combination of paragraphs (1) and (2). (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) (1) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine. (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) 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) 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. (Amended by Stats. 2023, Ch. 47, Sec. 13. (AB 134) Effective July 10, 2023.)
1203.47.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Some eligible persons may petition the court to seal their record, and granted petitions require sealing the related records.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) This section applies to adjudications that occurred before, as well as those that occur after, the effective date of this section. (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. (Amended by Stats. 2022, Ch. 86, Sec. 7. (SB 357) Effective January 1, 2023.)
1203.49.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A defendant convicted of solicitation or prostitution may petition the court for relief after completing probation, and the court may grant relief if clear and convincing evidence shows the conviction resulted from human trafficking victimization.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.49. 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) Sets forth a finding that the petitioner was a victim of human trafficking when he or she committed the crime. (b) Orders any of the relief described in Section 1203.4. (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. (Added by Stats. 2014, Ch. 708, Sec. 4. (AB 1585) Effective January 1, 2015.)
1203.4a
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets eligible misdemeanor or infraction defendants ask the court to withdraw a guilty or nolo contendere plea, or have a guilty verdict set aside and the case dismissed, after one year if they meet the listed conditions.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.4a. (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) 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) (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) 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) 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) 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) 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) A misdemeanor violation of subdivision (c) of Section 288. (2) A misdemeanor falling within the provisions of Section 42002.1 of the Vehicle Code. (3) An infraction falling within the provisions of Section 42001 of the Vehicle Code. (e) (1) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine. (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) 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) 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) 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. (Amended by Stats. 2022, Ch. 734, Sec. 4. (SB 1106) Effective January 1, 2023.)
1203.4b
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section lets an eligible defendant ask the court for relief after qualifying conservation-camp, hand-crew, or institutional firehouse participation, with notice, certification, and several exceptions.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.4b. (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, pursuant to regulations adopted 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, pursuant to regulations adopted 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) Murder. (B) Kidnapping. (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) Lewd acts on a child under 14 years of age, as defined in Section 288. (E) A felony punishable by death or imprisonment in the state prison for life. (F) A sex offense requiring registration pursuant to Section 290. (G) Escape from a secure perimeter within the previous 10 years. (H) Arson. (2) Any denial of relief pursuant to this section shall be without prejudice. (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) (1) The defendant may file a petition for relief with the court in the county where the defendant was sentenced. (2) (A) Upon the release from custody of the defendant, the Department of Corrections and Rehabilitation shall certify to the court in the county where the defendant was sentenced that the individual successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, or successfully participated at an institutional firehouse. The department shall provide a copy of this certification to the defendant upon their release and shall include information regarding the expungement process. The department may promulgate regulations to implement this process. (B) Upon the release from custody of the defendant, a county authority shall certify to the court in the county where the defendant was sentenced that the individual successfully participated as a member of a county incarcerated individual hand crew. The county authority shall provide a copy of this certification to the defendant upon their release and shall include information regarding the expungement process. A county authority may promulgate rules to implement this process. (3) 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). (4) 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. (5) 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. (6) (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) 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. (7) Notwithstanding Division 2.5 (commencing with Section 1797) of the Health and Safety Code or any other law and except as provided in paragraph (1) of subdivision (a), a defendant’s arrest and conviction history at the time of their participation as an incarcerated individual hand crew member, as described in subdivision (a), or the acts underlying that arrest and conviction history, shall not form the basis for any state or local agency to deny a defendant who is granted an order pursuant to this section an emergency medical technician certification or any other license or certification necessary to work as a firefighter. (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) 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) The defendant may make the application and change of plea in person or by attorney. (4) (A) A petition for relief under this section shall not be denied due to an unfulfilled order of restitution or restitution fine. (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) 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) Relief granted pursuant to this section is subject to the following conditions: (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) 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) 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) 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) 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) (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) It shall be presumed that the prosecuting attorney has received notice if proof of service is filed with the court. (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. (Amended by Stats. 2025, Ch. 746, Sec. 1. (SB 245) Effective January 1, 2026.)
1203.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Certain probation officers are treated as adult probation officers, unless a county charter creates a separate adult probation officer office.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.5. 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. (Repealed and added by Stats. 2017, Ch. 17, Sec. 28. (AB 103) Effective June 27, 2017.)
1203.7.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section requires the probation officer to investigate and report information to the court, keep probation records, give the person a written statement of probation terms, and report violations. After five years from probation ending, the officer may destroy related records.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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. (Amended by Stats. 2003, Ch. 296, Sec. 25.1. Effective January 1, 2004.)
1203.71.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Deputy probation officers may perform the probation officer’s duties when assigned, and both probation officers and deputy probation officers have peace officer powers for people committed to their care.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.71. 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. (Added by Stats. 2001, Ch. 473, Sec. 10. Effective January 1, 2002.)
1203.72.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A court generally may not pronounce judgment on a defendant with a requested probation report until the report has been shared with the court, prosecutor, and defendant or the defendant’s attorney at least two days before consideration, or five days if the defendant requests it.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.72. 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. (Amended by Stats. 2002, Ch. 787, Sec. 22. Effective January 1, 2003.)
1203.73.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation officers and deputy probation officers may be reimbursed for necessary incidental expenses, if authorized under the section.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.73. 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. (Amended by Stats. 2002, Ch. 787, Sec. 23. Effective January 1, 2003.)
1203.74.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a probation officer believes available staff and financial resources are not enough to meet statutory or court-ordered responsibilities, the officer must immediately notify the presiding judge and the county board of supervisors in writing.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203.74. 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. (Added by Stats. 2001, Ch. 473, Sec. 13. Effective January 1, 2002.)
1203.8.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A county may develop a multiagency reentry plan for nonviolent felony offenders, and the Department of Corrections and Rehabilitation may fund and help implement it.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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. (Added by Stats. 2005, Ch. 603, Sec. 2. Effective January 1, 2006.)
1203.9.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section requires courts to transfer certain probation or mandatory supervision cases to another county when the person permanently resides there, unless the transfer is inappropriate.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) 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) 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) 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) (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) The receiving court and receiving county probation department shall not impose additional local fees and costs. (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) 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) The Judicial Council shall promulgate rules of court for procedures by which the proposed receiving county shall receive notice of the motion for transfer and by which responsive comments may be transmitted to the court of the transferring county. The Judicial Council shall adopt rules providing factors for the court’s consideration when determining the appropriateness of a transfer, including, but not limited to, the following: (1) Permanency of residence of the person released on probation or mandatory supervision. (2) Local programs available for the person released on probation or mandatory supervision. (3) Restitution orders and victim issues. (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) This section shall become operative on January 1, 2022. (Amended by Stats. 2022, Ch. 197, Sec. 23. (SB 1493) Effective January 1, 2023.)
1203a
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Courts handling misdemeanor cases may refer cases, demand reports, and do whatever is needed to carry out Section 1203. They may also suspend sentence imposition or execution and set probation terms, but the probation period cannot exceed one year unless another offense provision sets a specific probation length.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203a. (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) The one-year probation limit in subdivision (a) shall not apply to any offense that includes specific probation lengths within its provisions. (Amended by Stats. 2020, Ch. 328, Sec. 1. (AB 1950) Effective January 1, 2021.)
1203b
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Courts may suspend a sentence or grant a conditional sentence in misdemeanor and infraction cases, and people on a conditional sentence generally report only to the court unless the court orders otherwise.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203b. 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. (Amended by Stats. 1982, Ch. 247, Sec. 2. Effective June 9, 1982.)
1203c
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation officers must send a report to the Department of Corrections and Rehabilitation when a person is committed, and the report must include SARATSO results in certain sex-offense cases. The section also requires a 48-hour county jail hold for interview preparation and restricts how victim contact information may be shared for restitution purposes.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203c. (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) 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) 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) 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) 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) 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) 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) The victim’s contact information shall remain confidential and shall not be made part of the court file or combined with any public document. (Amended by Stats. 2014, Ch. 517, Sec. 1. (SB 1197) Effective January 1, 2015.)
1203d
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A court may not pronounce judgment if it requested a probation report unless the report has been made available to the court, prosecutor, and defendant or defense attorney within the required time.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203d. 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. (Amended by Stats. 1996, Ch. 123, Sec. 2. Effective January 1, 1997.)
1203e
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The probation department must prepare a Facts of Offense Sheet for certain sex-offense registrants, and several agencies must share it with the Department of Justice and law enforcement.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203e. (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) 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) 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) 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. (Amended by Stats. 2016, Ch. 59, Sec. 5. (SB 1474) Effective January 1, 2017.)
1203f
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Probation departments must place certain high-risk probationers on intensive, specialized supervision and make them report frequently. They may also do the same for other active-supervision probationers convicted of offenses requiring sex-offender registration.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203f. 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. (Added by Stats. 2006, Ch. 337, Sec. 41. Effective September 20, 2006.)
1203g
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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For certain shoplifting or petty theft cases, the court may suspend sentence and set probation up to two years, and must consider or make referrals to rehabilitation or collaborative court programs in specified situations.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203g. (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) 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) 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) 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. (Added by Stats. 2024, Ch. 168, Sec. 8. (AB 2943) Effective January 1, 2025.)
1203h
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When a court starts a probation-related investigation in certain abuse-or-neglect cases involving a minor victim, the investigation may include a psychological evaluation, and the court may require it during probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1203h. 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. (Amended by Stats. 1982, Ch. 282, Sec. 1.)
1204.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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A magistrate may take a sick or infirm witness’s deposition out of court, and a defendant or counsel may file a background-and-rehabilitation report; the prosecution or probation officer may reply to or evaluate that program.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1204. 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. (Amended by Stats. 1971, Ch. 1080.)
1204.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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Environmental crimes are treated as public welfare offenses, and if an entity is granted probation for one, the probation term cannot exceed five years.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) Division 9 (commencing with Section 12000) and Section 5650 of the Fish and Game Code. (2) Section 12996 of the Food and Agricultural Code. (3) Sections 132 and 133 of the Harbors and Navigation Code. (4) Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code. (5) Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of Division 26 of the Health and Safety Code. (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) Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code. (8) Sections 374.2, 374.3, 374.5, 374.7, 374.8, 597, 653o, 653p, and 653q of the Penal Code. (9) Section 32001 and subdivision (b) of Section 34506 of the Vehicle Code. (10) Section 13387 of the Water Code. (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. (Added by Stats. 2023, Ch. 264, Sec. 1. (AB 508) Effective January 1, 2024.)
1204.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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In criminal cases, a judge generally may not read or consider certain reports, records, or affidavits before guilt is decided unless the defendant consents in open court or a listed exception applies.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) The defendant is represented by counsel, unless he or she expressly waives the right to counsel. (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) 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). (Amended by Stats. 1995, Ch. 86, Sec. 1. Effective January 1, 1996.)
1205.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section governs what a court may do when a fine is ordered, how nonpayment is handled, and when the section does not apply.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) This section shall not apply to restitution fines and restitution orders. (f) This section shall become operative on January 1, 2022. (Repealed (in Sec. 31) and added by Stats. 2021, Ch. 257, Sec. 32. (AB 177) Effective September 23, 2021. Operative January 1, 2022, by its own provisions.)
1205.3.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When a defendant on probation must pay a fine or do community service, the court must state that community service counts instead of paying fines and restitution fines on a proportional basis, and must state the fine amounts and the number of community service hours.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1205.3. 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. (Amended by Stats. 1996, Ch. 1077, Sec. 23. Effective January 1, 1997.)
1207.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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When judgment is entered on a conviction, the clerk must record it in the minutes and briefly state the offense and any prior conviction; a copy of the conviction judgment must be filed with the case papers.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1207. 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. (Amended by Stats. 2007, Ch. 263, Sec. 28. Effective January 1, 2008.)
1208.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section sets rules for operating work furlough programs, including county approval, private contracts, prisoner work and training arrangements, earnings handling, and violations.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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) 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) 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) 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) (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) 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) 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) The prisoner shall be eligible for time credits pursuant to Sections 4018 and 4019. (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) 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) 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) As used in this section, the following definitions apply: (1) “Education” includes vocational and educational training and counseling, and psychological, drug abuse, alcoholic, and other rehabilitative counseling. (2) “Educator” includes a person or institution providing that training or counseling. (3) “Employment” includes care of children, including the daytime care of children of the prisoner. (4) “Job training” may include, but shall not be limited to, job training assistance. (k) This section shall be known and may be cited as the “Cobey Work Furlough Law.” (l) This section shall become operative July 1, 2021. (Repealed (in Sec. 55) and added by Stats. 2020, Ch. 92, Sec. 56. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
1208.2.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section sets who it applies to, bans certain program fees, and requires contract terms and compliance with applicable ordinances and regulations.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) (1) A board of supervisors that implements programs identified in paragraph (1) of subdivision (a) shall not impose a program administrative fee. (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) 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. (Amended by Stats. 2022, Ch. 57, Sec. 17. (AB 199) Effective June 30, 2022.)
1208.3.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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The administrator may verify the prisoner’s wages, required hours, and workers’ compensation coverage.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1208.3. The administrator is not prohibited from verifying any of the following: (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) That the prisoner is working a specified minimum number of required hours. (c) (1) That the prisoner is covered under an appropriate or suitable workers’ compensation insurance plan as may otherwise be required by law. (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) This section shall become operative on July 1, 2021. (Repealed (in Sec. 59) and added by Stats. 2020, Ch. 92, Sec. 60. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
1208.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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County boards with work furlough programs may make agreements to transfer certain jailed persons between counties, and a sheriff may carry out the transfer.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1208.5. 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. (Amended (as added by Stats. 1991, Ch. 437, Sec. 8) by Stats. 1994, Ch. 770, Sec. 5. Effective January 1, 1995. Section operative January 1, 1999, by its own provisions.)
1209.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a defendant serves jail time on weekends or similar nonwork days and cannot do work furlough, the county may collect confinement costs based on ability to pay, and the court must hold a hearing before ordering payment.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1209. 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) The defendant’s present financial position. (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) Likelihood that the defendant shall be able to obtain employment within the six-month period from the date of the hearing. (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. (Amended by Stats. 1983, Ch. 779, Sec. 1.)
1209.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If a person convicted of an infraction shows hardship, the court must allow community service instead of the total fine.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) (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) 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) (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) 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) (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) 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. (Amended by Stats. 2021, Ch. 598, Sec. 1. (SB 71) Effective January 1, 2022.)
121.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )
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In a perjury case, a defendant cannot rely on certain defects in how the oath was given if they caused the officer to certify that the oath had been taken or administered.

## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 121. It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner, or that the person accused of perjury did not go before, or was not in the presence of, the officer purporting to administer the oath, if such accused caused or procured such officer to certify that the oath had been taken or administered. (Amended by Stats. 1905, Ch. 485.)
1210.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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This section defines several terms used in related drug and probation provisions.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1210. 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) 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) 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) 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) 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). (Amended by Stats. 2023, Ch. 481, Sec. 2. (SB 46) Effective January 1, 2024. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
1210.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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People convicted of a nonviolent drug possession offense generally must receive probation with drug treatment and testing, and the court cannot add incarceration as an extra probation condition.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) Subdivision (a) shall not apply to any of the following: (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) 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) 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) Any defendant who refuses drug treatment as a condition of probation. (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) (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) 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) 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) 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) 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) 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) (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) 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) 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) (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) 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) (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) 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) 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) 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) 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) 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) 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. (Amended by Stats. 2010, Ch. 178, Sec. 78. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
1210.10.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

A county probation department must establish standards for electronic monitoring transmissions and for the accuracy of location information.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.10. A county probation department shall establish the following standards as are necessary to enhance public safety: (a) Standards for the minimum time interval between transmissions of information about the location of the person under supervision. The standards shall be established after an evaluation of, at a minimum, all of the following: (1) The resources of the county probation department. (2) The criminal history of the person under supervision. (3) The safety of the victim of the persons under supervision. (b) Standards for the accuracy of the information identifying the location of the person under supervision. The standards shall be established after consideration of, at a minimum, all of the following: (1) The need to identify the location of a person proximate to the location of a crime, including a violation of probation. (2) Resources of the probation department. (3) The need to avoid false indications of proximity to crimes. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.11.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

A county probation department running continuous electronic monitoring must set rules against unauthorized access and use of information, and monitoring devices may not be used to eavesdrop or record conversations except for a voice-identification conversation between the participant and the supervising person.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.11. (a) A county probation department operating a system of continuous electronic monitoring pursuant to this section shall establish prohibitions against unauthorized access to, and use of, information by private or public entities as may be deemed appropriate. Unauthorized access to, and use of, electronic signals includes signals transmitted in any fashion by equipment utilized for continuous electronic monitoring. (b) Devices used pursuant to this section shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant that is to be used solely for the purposes of voice identification. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.12.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

The county chief probation officer decides who is placed on continuous electronic monitoring, and must issue written guidelines for that decision. No one can be required to stay in that monitoring longer than the probation term.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.12. (a) A county chief probation officer shall have the sole discretion, consistent with the terms and conditions of probation, to decide which persons shall be supervised using continuous electronic monitoring administered by the county probation department. No individual shall be required to participate in continuous electronic monitoring authorized by this chapter for any period of time longer than the term of probation. (b) The county chief probation officer shall establish written guidelines that identify those persons on probation subject to continuous electronic monitoring authorized by this chapter. These guidelines shall include the need for enhancing monitoring in comparison to other persons not subject to the enhanced monitoring and the public safety needs that will be served by the enhanced monitoring. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.13.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

A county chief probation officer may revoke continuous monitoring of an individual at their discretion.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.13. A county chief probation officer may revoke, in his or her discretion, the continuous monitoring of any individual. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.14.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

A supervising probation officer may take an individual into custody without a warrant if the officer has reasonable cause to believe the person is not complying with continuous electronic monitoring rules or conditions.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.14. Whenever a probation officer supervising an individual has reasonable cause to believe that the individual is not complying with the rules or conditions set forth for the use of continuous electronic monitoring as a supervision tool, the probation officer supervising the individual may, without a warrant of arrest, take the individual into custody for a violation of probation. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.16.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

The chief probation officer may run continuous electronic monitoring through written contracts. Agencies cannot operate the system in a county without a county probation department contract, and contracting agencies cannot employ participants in the monitoring surveillance.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.16. It is the intent of the Legislature that continuous electronic monitoring established pursuant to this chapter maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply: (a) The chief probation officer may administer continuous electronic monitoring pursuant to written contracts and appropriate public or private agencies or entities to provide specified supervision services. No public or private agency or entity may operate a continuous electronic monitoring system as authorized by this section in any county without a written contract with the county’s probation department. No public or private agency or entity entering into a contract may itself employ any person who is a participant in continuous electronic monitoring surveillance. (b) The county board of supervisors, the chief probation officer, and designees of the chief probation officer shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
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If probation includes drug treatment, court-ordered drug testing must be used as part of treatment, and test results cannot be weighted more heavily than other parts of the treatment program.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 1210.5. 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. (Added by Stats. 2001, Ch. 721, Sec. 4. Effective October 11, 2001.)
1210.6.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. )
Verify source ↗

A court may not treat an unpaid restitution order or restitution fine as a reason to deny relief or to find probation or sentence noncompliance in this chapter.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1. The Judgment [1191 - 1210.6] ( Chapter 1 enacted 1872. ) ## 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) 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) 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. (Added by Stats. 2022, Ch. 734, Sec. 9. (SB 1106) Effective January 1, 2023.)
1210.7.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

A county probation department may use continuous electronic monitoring to track the whereabouts of people on probation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.7. (a) Notwithstanding any other provisions of law, a county probation department may utilize continuous electronic monitoring to electronically monitor the whereabouts of persons on probation, as provided by this chapter. (b) Any use of continuous electronic monitoring pursuant to this chapter shall have as its primary objective the enhancement of public safety through the reduction in the number of people being victimized by crimes committed by persons on probation. (c) It is the intent of the Legislature in enacting this chapter to specifically encourage a county probation department acting pursuant to this chapter to utilize a system of continuous electronic monitoring that conforms with the requirements of this chapter. (d) For purposes of this chapter, “continuous electronic monitoring” may include the use of worldwide radio navigation system technology, known as the Global Positioning System, or GPS. The Legislature finds that because of its capability for continuous surveillance, continuous electronic monitoring has been used in other parts of the country to monitor persons on formal probation who are identified as requiring a high level of supervision. (e) The Legislature finds that continuous electronic monitoring has proven to be an effective risk management tool for supervising high-risk persons on probation who are likely to reoffend where prevention and knowledge of their whereabouts is a high priority for maintaining public safety. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.8.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

A county probation department may use a continuous electronic monitoring device if it meets the listed design and performance requirements.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.8. A county probation department may utilize a continuous electronic monitoring device pursuant to this section that has all of the following attributes: (a) A device designed to be worn by a human being. (b) A device that emits a signal as a person is moving or is stationary. The signal shall be capable of being received and tracked across large urban or rural areas, statewide, and being received from within structures, vehicles, and other objects to the degree technically feasible in light of the associated costs, design, and other considerations as are determined relevant by the county probation department. (c) A device that functions 24 hours a day. (d) A device that is resistant or impervious to unintentional or willful damage. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1210.9.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. )
Verify source ↗

A continuous electronic monitoring system may be configured to immediately notify a county probation department of probation violations, if a county probation officer deems that requirement necessary for a particular person.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.4. Electronic Monitoring [1210.7 - 1210.16] ( Chapter 1.4 added by Stats. 2005, Ch. 484, Sec. 1. ) ## 1210.9. (a) A continuous electronic monitoring system may have the capacity to immediately notify a county probation department of violations, actual or suspected, of the terms of probation that have been identified by the monitoring system if the requirement is deemed necessary by the county probation officer with respect to an individual person. (b) The information described in subdivision (a), including geographic location and tampering, may be used as evidence to prove a violation of the terms of probation. (Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
1211.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Certification of Drug Diversion Programs [1211- 1211.] ( Chapter 1.5 added by Stats. 1992, Ch. 1118, Sec. 4. )
Verify source ↗

County drug program administrators must set and administer certification standards and fees for drug diversion programs, and counties must require program payments and enforce fee limits.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 1.5. Certification of Drug Diversion Programs [1211- 1211.] ( Chapter 1.5 added by Stats. 1992, Ch. 1118, Sec. 4. ) ## 1211. (a) In order to ensure the quality of drug diversion programs provided pursuant to this chapter and Chapter 2.5 (commencing with Section 1000) of Title 6, and to expand the availability of these programs, the county drug program administrator in each county, in consultation with representatives of the court and the county probation department, shall establish minimum requirements, criteria, and fees for the successful completion of drug diversion programs, which shall be approved by the county board of supervisors no later than January 1, 1995. These minimum requirements shall include, but not be limited to, all of the following: (1) An initial assessment of each divertee, which may include all of the following: (A) Social, cultural, linguistic, economic, and family background. (B) Education. (C) Vocational achievements. (D) Criminal history. (E) Medical history. (F) Drug history and previous treatment. (2) A minimum of 20 hours of either effective education or counseling or any combination of both for each divertee. The education and counseling program shall include education about how the use of controlled substances affects the body and brain, factors that contribute to physical dependence, how to recognize and respond to the signs of drug overdose, and the dangers of using controlled substances unless under appropriate medical supervision. This education shall be culturally and linguistically appropriate and may include, but is not limited to, informing program participants about the physical and mental health risks associated with substance use disorders, the grave health risk to those who are exposed to controlled substances and the extreme danger to human life when controlled substances are manufactured and distributed. (3) An exit conference which shall reflect the divertee’s progress during their participation in the program. (4) Fee exemptions for persons who cannot afford to pay. (b) The county drug program administrator shall implement a certification procedure for drug diversion programs. (c) The county drug program administrator shall recommend for approval by the county board of supervisors programs pursuant to this chapter. No program, regardless of how it is funded, may be approved unless it meets the standards established by the administrator, which shall include, but not be limited to, all of the following: (1) Guidelines and criteria for education and treatment services, including standards of services that may include lectures, classes, group discussions, and individual counseling. However, any class or group discussion other than lectures shall not exceed 15 persons at any one meeting. (2) Established and approved supervision, either on a regular or irregular basis, of the person for the purpose of evaluating the person’s progress. (3) A schedule of fees to be charged for services rendered to each person under a county drug program plan in accordance with the following provisions: (A) Fees shall be used only for the purposes set forth in this chapter. (B) Fees for the treatment or rehabilitation of each participant receiving services under a certified drug diversion program shall not exceed the actual cost thereof, as determined by the county drug program administrator according to standard accounting practices. (C) Actual costs shall include both of the following: (i) All costs incurred by the providers of diversion programs. (ii) All expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. (d) The county shall require, as a condition of certification, that the drug diversion program pay to the county drug program administrator all expenses incurred by the county for administration, certification, or management of the drug diversion program in compliance with this chapter. No fee shall be required by any county other than that county where the program is located. (Amended by Stats. 2023, Ch. 481, Sec. 3. (SB 46) Effective January 1, 2024.)
1213.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
Verify source ↗

This section requires certain commitment documents and identification information to be furnished to the officer who must execute a probationary order or judgment, and it sets a 24-hour deadline in a resentencing situation with less than 30 days left to serve.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1213. (a) (1) When a probationary order or a judgment, other than of death, has been pronounced, a copy of the entry of that portion of the probationary order ordering the defendant confined in a city or county jail as a condition of probation, or a copy of the entry of the judgment, or, if the judgment is for imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, either a copy of the minute order or an abstract of the judgment as provided in Section 1213.5, certified by the clerk of the court, and a Criminal Investigation and Identification (CII) number shall be forthwith furnished to the officer whose duty it is to execute the probationary order or judgment, and no other warrant or authority is necessary to justify or require its execution. (2) When a person has been resentenced and there is a reasonable basis to believe the remaining time to serve in custody is less than 30 days, the information described in paragraph (1) shall be furnished to the executing officer within 24 hours. The information may be furnished by electronic means. (b) If a copy of the minute order is used as the commitment document, the first page or pages shall be identical in form and content to that prescribed by the Judicial Council for an abstract of judgment, and other matters as appropriate may be added thereafter. (Amended by Stats. 2024, Ch. 964, Sec. 3. (AB 2483) Effective January 1, 2025.)
1213.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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The Judicial Council must prescribe the abstract of judgment used under Section 1213.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1213.5. The abstract of judgment provided for in Section 1213 shall be prescribed by the Judicial Council. (Amended by Stats. 1986, Ch. 248, Sec. 164.)
1214.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
Verify source ↗

This section lets restitution fines and restitution orders be enforced like money judgments, and requires courts and victims to share and use specified information to collect them.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1214. (a) If the judgment is for a fine, including a restitution fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04 as operative on or before August 2, 1995, or Section 13967 of the Government Code, as operative on or before September 28, 1994, with or without imprisonment, or a diversion restitution fee ordered pursuant to Section 1001.90, the judgment may be enforced in the manner provided for the enforcement of money judgments generally. Any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision pursuant to Section 3451, or mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170, or after completing diversion is enforceable by the California Victim Compensation Board pursuant to this section. Notwithstanding any other provision of law prohibiting disclosure, the state, as defined in Section 900.6 of the Government Code, a local public entity, as defined in Section 900.4 of the Government Code, or any other entity, may provide the California Victim Compensation Board any and all information to assist in the collection of unpaid portions of a restitution fine for terminated probation or parole cases, or of a restitution fee for completed diversion cases. For purposes of the preceding sentence, “state, as defined in Section 900.6 of the Government Code,” and “any other entity” shall not include the Franchise Tax Board. A local collection program may continue to collect restitution fines and restitution orders once a defendant is no longer on probation, postrelease community supervision, or mandatory supervision or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170. (b) In any case in which a defendant is ordered to pay restitution, the order to pay restitution (1) is deemed a money judgment if the defendant was informed of his or her right to have a judicial determination of the amount and was provided with a hearing, waived a hearing, or stipulated to the amount of the restitution ordered, and (2) shall be fully enforceable by a victim as if the restitution order were a civil judgment, and enforceable in the same manner as is provided for the enforcement of any other money judgment. Upon the victim’s request, the court shall provide the victim in whose favor the order of restitution is entered with a certified copy of that order and a copy of the defendant’s disclosure pursuant to paragraph (5) of subdivision (f) of Section 1202.4, affidavit or information pursuant to paragraph (6) of subdivision (f) of Section 1202.4, or report pursuant to paragraph (8) of subdivision (f) of Section 1202.4. The court also shall provide this information to the district attorney upon request in connection with an investigation or prosecution involving perjury or the veracity of the information contained within the defendant’s financial disclosure. In addition, upon request, the court shall provide the California Victim Compensation Board with a certified copy of any order imposing a restitution fine or order and a copy of the defendant’s disclosure pursuant to paragraph (5) of subdivision (f) of Section 1202.4, affidavit or information pursuant to paragraph (6) of subdivision (f) of Section 1202.4, or report pursuant to paragraph (8) of subdivision (f) of Section 1202.4. A victim shall have access to all resources available under the law to enforce the restitution order, including, but not limited to, access to the defendant’s financial records, use of wage garnishment and lien procedures, information regarding the defendant’s assets, and the ability to apply for restitution from any fund established for the purpose of compensating victims in civil cases. Any portion of a restitution order that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision under Section 3451, or mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 or after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 is enforceable by the victim pursuant to this section. Victims and the California Victim Compensation Board shall inform the court whenever an order to pay restitution is satisfied. A local collection program may continue to enforce victim restitution orders once a defendant is no longer on probation, postrelease community supervision, or mandatory supervision or after completion of a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170. (c) A defendant who owes a restitution fine, a restitution order, or any portion thereof, and who is released from the custody of a county jail facility after a term in custody pursuant to subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170 shall have a continuing obligation to pay the restitution fine or restitution order in full. (d) Except as provided in subdivision (d), and notwithstanding the amount in controversy limitation of Section 85 of the Code of Civil Procedure, a restitution order or restitution fine that was imposed pursuant to Section 1202.4 in any of the following cases may be enforced in the same manner as a money judgment in a limited civil case: (1) In a misdemeanor case. (2) In a case involving violation of a city or town ordinance. (3) In a noncapital criminal case where the court has received a plea of guilty or nolo contendere. (e) Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply to any of the following: (1) A judgment for court-ordered fines, forfeitures, penalties, fees, or assessments. (2) A restitution fine or restitution order imposed pursuant to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operative on or before August 2, 1995, or Section 13967 of the Government Code, as operative on or before September 28, 1994. (3) A diversion restitution fee ordered pursuant to Section 1001.90. (Amended by Stats. 2016, Ch. 31, Sec. 242. (SB 836) Effective June 27, 2016.)
1214.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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The court may impose a civil assessment of up to $100 on certain defendants who fail to appear or pay, but only after notice and subject to good-cause and timing rules.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1214.1. (a) On or after July 1, 2022, in addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to one hundred dollars ($100) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited with the county treasurer as provided in Section 1463.001, and transmitted to the State Treasurer for deposit into the General Fund. (b) (1) The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendant’s last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment. (2) Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge. (c) If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment. (d) The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally. (e) Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties. (Amended by Stats. 2022, Ch. 57, Sec. 18. (AB 199) Effective June 30, 2022.)
1214.2.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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A fine ordered as a condition of probation may be enforced during probation, including for willful nonpayment and unpaid balances at the end of probation. If the order is stayed, a writ of execution cannot issue until the stay is lifted.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1214.2. (a) Except as provided in subdivision (c), if a defendant is ordered to pay a fine as a condition of probation, the order to pay a fine may be enforced during the term of probation in the same manner as is provided for the enforcement of money judgments. (b) Except as provided in subdivision (c), an order to pay a fine as a condition of probation may also be enforced as follows: (1) With respect to a willful failure to pay during the term of probation, in the same manner as a violation of the terms and conditions of probation. (2) If any balance remains unpaid at the end of the term of probation, in the same manner as a judgment in a civil action. (c) If an order to pay a fine as a condition of probation is stayed, a writ of execution shall not issue until the stay is lifted. (Added by Stats. 1987, Ch. 454, Sec. 1. Effective September 9, 1987.)
1215.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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This section says a defendant sentenced to imprisonment, or to a fine and imprisonment until paid, must be taken into custody and held until the judgment is complied with. It also provides for probation supervision when sentence or execution is suspended, and for custody again if probation is terminated and the suspension is revoked.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1215. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer and by him or her detained until the judgment is complied with. Where, however, the court has suspended sentence, or where, after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in Section 1203, the defendant, if over the age of 16 years, shall be placed under the care and supervision of the probation officer of the court committing him or her, until the expiration of the period of probation and the compliance with the terms and conditions of the sentence, or of the suspension thereof. Where, however, the probation has been terminated as provided in Section 1203, and the suspension of the sentence, or of the execution revoked, and the judgment pronounced, the defendant shall be committed to the custody of the proper officer and be detained until the judgment be complied with. (Amended by Stats. 1987, Ch. 828, Sec. 80.)
1216.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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If a judgment orders imprisonment in state prison, the county sheriff must deliver the defendant to the state prison warden and provide specified documents and information.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1216. If the judgment is for imprisonment in the state prison, the sheriff of the county shall, upon receipt of a certified abstract or minute order thereof, take and deliver the defendant to the warden of the state prison. The sheriff also shall deliver to the warden the certified abstract of the judgment or minute order, a Criminal Investigation and Identification (CII) number, a Confidential Medical/Mental Health Information Transfer Form indicating that the defendant is medically capable of being transported, and take from the warden a receipt for the defendant. (Amended by Stats. 1998, Ch. 767, Sec. 1. Effective January 1, 1999.)
1217.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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When a death judgment is entered, a signed and attested commitment must be prepared and given to the sheriff, who must deliver the defendant to the designated prison warden within 10 days.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1217. When judgment of death is rendered, a commitment signed by the judge, and attested by the clerk under the seal of the court must be drawn and delivered to the sheriff. It must state the conviction and judgment, and must direct the sheriff to deliver the defendant, within 10 days from the time of judgment, to the warden of the State prison of this State designated by the State Board of Prison Directors for the execution of the death penalty, to be held pending the decision upon his appeal. (Amended by Stats. 1943, Ch. 107.)
1218.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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The judge must immediately send the Governor a statement of the conviction and judgment after a death judgment is entered.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1218. The judge of the court at which a judgment of death is had shall, immediately after the judgment, electronically transmit, in a mutually agreed upon format, a statement of the conviction and judgment to the Governor. (Amended by Stats. 2024, Ch. 49, Sec. 6. (AB 168) Effective July 2, 2024.)
1219.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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The Governor may require an opinion from the Justices of the Supreme Court, the Attorney General, or any of them, based on the statement furnished.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1219. The Governor may thereupon require the opinion of the Justices of the Supreme Court and of the Attorney General, or any of them, upon the statement so furnished. (Enacted 1872.)
122.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )
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In a perjury prosecution, the accused cannot defend the case by arguing they were not competent to give the testimony, deposition, or certificate at issue.

## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 122. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate. (Enacted 1872.)
1227.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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If a death judgment has not yet been executed, the court may order a 10-day execution period and must send the order to the prison warden; if the defendant is at large, a warrant may issue.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1227. (a) If for any reason other than the pendency of an appeal pursuant to subdivision (b) of Section 1239 of this code a judgment of death has not been executed, and it remains in force, the court in which the conviction was had shall, on application of the district attorney, or may upon its own motion, make and cause to be entered an order specifying a period of 10 days during which the judgment shall be executed. The 10-day period shall begin no less than 30 days after the order is entered and shall end no more than 60 days after the order is entered. Immediately after the order is entered, a certified copy of the order, attested by the clerk, under the seal of the court, shall, for the purpose of execution, be transmitted by registered mail to the warden of the state prison having the custody of the defendant; provided, that if the defendant be at large, a warrant for his apprehension may be issued, and upon being apprehended, he shall be brought before the court, whereupon the court shall make an order directing the warden of the state prison to whom the sheriff is instructed to deliver the defendant to execute the judgment within a period of 10 days, which shall not begin less than 30 days nor end more than 60 days from the time of making such order. (b) From an order fixing the time for and directing the execution of such judgment as herein provided, there shall be no appeal. (Amended November 8, 2016, by initiative Proposition 66, Sec. 4.)
1227.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. )
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If a death sentence was stayed or reprieved by the Governor, the execution must happen the next day after that stay or reprieve ends, with no further court proceedings.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 2. The Execution [1213 - 1227.5] ( Chapter 2 enacted 1872. ) ## 1227.5. Notwithstanding Section 1227, where a judgment of death has not been executed by reason of a stay or reprieve granted by the Governor, the execution shall be carried out on the day immediately after the period of the stay or reprieve without further judicial proceedings. (Added by Stats. 1961, Ch. 1648.)
1228.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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This section states legislative findings about probation supervision, prison admissions, and funding probation improvements.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1228. The Legislature finds and declares all of the following: (a) In 2007, nearly 270,000 felony offenders were subject to probation supervision in California’s communities. (b) In 2007, out of 46,987 new admissions to state prison, nearly 20,000 were felony offenders who were committed to state prison after failing probation supervision. (c) Probation is a judicially imposed suspension of sentence that attempts to supervise, treat, and rehabilitate offenders while they remain in the community under the supervision of the probation department. Probation is a linchpin of the criminal justice system, closely aligned with the courts, and plays a central role in promoting public safety in California’s communities. (d) Providing sustainable funding for improved, evidence-based probation supervision practices and capacities will improve public safety outcomes among adult felons who are on probation. Improving felony probation performance, measured by a reduction in felony probationers who are sent to prison because they were revoked on probation or convicted of another crime while on probation, will reduce the number of new admissions to state prison, saving taxpayer dollars and allowing a portion of those state savings to be redirected to probation for investing in community corrections programs. (Added by Stats. 2009, Ch. 608, Sec. 2. (SB 678) Effective January 1, 2010.)
1229.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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This section defines key terms used in the chapter on California Community Corrections Performance Incentives.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1229. As used in this chapter, the following definitions apply: (a) “Community corrections” means the placement of persons convicted of a felony offense under probation supervision, mandatory supervision, or postrelease community supervision for a specified period. (b) “Chief probation officer” or “CPO” means the chief probation officer for the county or city and county in which an adult offender is subject to probation for the conviction of a felony offense. (c) “Community corrections program” means a program established pursuant to this act consisting of a system of services for felony offenders under local supervision dedicated to all of the following goals: (1) Enhancing public safety through the management and reduction of offender risk while under local supervision and upon reentry from jail or prison into the community. (2) Providing a range of supervision tools, sanctions, and services applied to felony offenders subject to local supervision based on a risk and needs assessment for the purpose of reducing criminal conduct and promoting behavioral change that results in reducing recidivism and promoting the successful reintegration of offenders into the community. (3) Maximizing offender restitution, reconciliation, and restorative services to victims of crime. (4) Holding offenders accountable for their criminal behaviors and for successful compliance with applicable court orders and conditions of supervision. (5) Improving public safety outcomes for persons subject to local supervision for a felony offense, as measured by their successful completion of the period of local supervision and the commensurate reduction in the rate of offenders sent to prison as a result of a revocation of supervision or conviction of a new crime. (d) “Evidence-based practices” refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under local supervision. (e) “Local supervision” means the supervision of an adult felony offender on probation, mandatory supervision, or postrelease community supervision. (Amended by Stats. 2013, Ch. 31, Sec. 10. (SB 75) Effective June 27, 2013.)
123.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )
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In a perjury prosecution, the accused cannot rely on not knowing the statement’s materiality or on the statement not actually affecting the proceeding as a defense.

## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 123. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding. (Enacted 1872.)
1230.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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Counties may create a Community Corrections Performance Incentives Fund, and county probation-related funds must be made available to the CPO quickly and tracked carefully.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1230. (a) Each county is hereby authorized to establish in each county treasury a Community Corrections Performance Incentives Fund (CCPIF), to receive all amounts allocated to that county for purposes of implementing this chapter. (b) Notwithstanding any other law, in any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the moneys, including any interest, shall be made available to the CPO of that county, within 30 days of the deposit of those moneys into the fund, for the implementation of the community corrections program authorized by this chapter. (1) The community corrections program shall be developed and implemented by probation and advised by a local Community Corrections Partnership. (2) The local Community Corrections Partnership shall be chaired by the CPO and comprised of the following membership: (A) The presiding judge of the superior court, or his or her designee. (B) A county supervisor or the chief administrative officer for the county or a designee of the board of supervisors. (C) The district attorney. (D) The public defender. (E) The sheriff. (F) A chief of police. (G) The head of the county department of social services. (H) The head of the county department of mental health. (I) The head of the county department of employment. (J) The head of the county alcohol and substance abuse programs. (K) The head of the county office of education. (L) A representative from a community-based organization with experience in successfully providing rehabilitative services to persons who have been convicted of a criminal offense. (M) An individual who represents the interests of victims. (3) Funds allocated to probation pursuant to this act shall be used to provide supervision and rehabilitative services for adult felony offenders subject to local supervision, and shall be spent on evidence-based community corrections practices and programs, as defined in subdivision (d) of Section 1229, which may include, but are not limited to, the following: (A) Implementing and expanding evidence-based risk and needs assessments. (B) Implementing and expanding intermediate sanctions that include, but are not limited to, electronic monitoring, mandatory community service, home detention, day reporting, restorative justice programs, work furlough programs, and incarceration in county jail for up to 90 days. (C) Providing more intensive local supervision. (D) Expanding the availability of evidence-based rehabilitation programs including, but not limited to, drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs, and job training and employment services. (E) Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity. (4) Notwithstanding any other law, the CPO shall have discretion to spend funds on any of the above practices and programs consistent with this act but, at a minimum, shall devote at least 5 percent of all funding received to evaluate the effectiveness of those programs and practices implemented with the funds provided pursuant to this chapter. A CPO may petition the Judicial Council to have this restriction waived, and the Judicial Council shall have the authority to grant such a petition, if the CPO can demonstrate that the department is already devoting sufficient funds to the evaluation of these programs and practices. (5) Each probation department receiving funds under this chapter shall maintain a complete and accurate accounting of all funds received pursuant to this chapter. (Amended by Stats. 2015, Ch. 26, Sec. 14. (SB 85) Effective June 24, 2015.)
1230.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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County community corrections partnerships must recommend a local implementation plan to the county board of supervisors, and the plan is subject to vote by the partnership’s executive committee.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1230.1. (a) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. (b) The plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the District Attorney, the Public Defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230, as designated by the county board of supervisors for purposes related to the development and presentation of the plan. (c) The plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan goes back to the Community Corrections Partnership for further consideration. (d) Consistent with local needs and resources, the plan may include recommendations to maximize the effective investment of criminal justice resources in evidence-based correctional sanctions and programs, including, but not limited to, day reporting centers, drug courts, residential multiservice centers, mental health treatment programs, electronic and GPS monitoring programs, victim restitution programs, counseling programs, community service programs, educational programs, and work training programs. (Amended (as added by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 33. (AB 117) Effective June 30, 2011. Addition and amendment operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
1231.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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Community corrections programs must track outcome-based measures, and the Judicial Council and probation officials must set minimum measures and report on program performance.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1231. (a) Community corrections programs funded pursuant to this chapter shall identify and track specific outcome-based measures consistent with the goals of this act. (b) The Judicial Council, in consultation with the Chief Probation Officers of California, shall specify and define minimum required outcome-based measures, which shall include, but not be limited to, all of the following: (1) The percentage and number of persons subject to local supervision who are being supervised in accordance with evidence-based practices. (2) The percentage and amount of state moneys expended for programs and practices that are evidence based, by program and practice, and a descriptive list of all programs and practices that are evidence based. (3) Specification of supervision policies, procedures, programs, and practices that were eliminated or added to increase the use of evidence-based practices. (4) The percentage of persons subject to local supervision who successfully complete the period of supervision. (5) The total amount expended from the allocation by fiscal year. (6) To the extent that funds were not expended, the reason the funds were not spent on evidence-based practices, and a descriptive list of planned expenditures for these funds. (c) Each CPO receiving funding pursuant to Sections 1233 to 1233.6, inclusive, shall provide an annual written report to the Judicial Council, evaluating the effectiveness of the community corrections program, including, but not limited to, the data described in subdivision (b). Each submission will include a statement that affirms the accuracy of the CPO responses and intention to use funding pursuant to paragraph (3) of subdivision (b) of Section 1230. (d) The Judicial Council, shall, in consultation with the CPO of each county and the Department of Corrections and Rehabilitation, provide a quarterly statistical report to the Department of Finance including, but not limited to, the following statistical information for each county: (1) The number of felony filings. (2) The number of felony convictions. (3) The number of felony convictions in which the defendant was sentenced to the state prison. (4) The number of felony convictions in which the defendant was granted probation. (5) The adult felon probation population. (6) The number of adult felony probationers who had their probation terminated and revoked and were sent to state prison for that revocation. (7) The number of adult felony probationers sent to state prison for a conviction of a new felony offense, including when probation was revoked or terminated. (8) The number of adult felony probationers who had their probation revoked and were sent to county jail for that revocation. (9) The number of adult felony probationers sent to county jail for a conviction of a new felony offense, including when probation was revoked or terminated. (10) The number of felons placed on postrelease community supervision, commencing January 1, 2012. (11) The number of felons placed on mandatory supervision, commencing January 1, 2012. (12) The mandatory supervision population, commencing January 1, 2012. (13) The postrelease community supervision population, commencing January 1, 2012. (14) The number of felons on postrelease community supervision sentenced to state prison for a conviction of a new felony offense, commencing January 1, 2012. (15) The number of felons on mandatory supervision sentenced to state prison for a conviction of a new felony offense, commencing January 1, 2012. (16) The number of felons who had their postrelease community supervision revoked and were sent to county jail for that revocation, commencing January 1, 2012. This number shall not include felons on postrelease community supervision who are subject to flash incarceration pursuant to Section 3453. (17) The number of felons on postrelease community supervision sentenced to county jail for a conviction of a new felony offense, including when postrelease community supervision was revoked or terminated, commencing January 1, 2012. (18) The number of felons who had their mandatory supervision revoked and were sentenced to county jail for that revocation, commencing January 1, 2012. (19) The number of felons on mandatory supervision sentenced to county jail for a conviction of a new felony offense, including when mandatory supervision was revoked or terminated, commencing January 1, 2012. (Amended by Stats. 2025, Ch. 111, Sec. 3. (SB 157) Effective September 17, 2025.)
1232.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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The Judicial Council must file a comprehensive report on Chapter 3 with the Governor and the Legislature no later than 18 months after funding is first received, and then every year.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1232. Commencing no later than 18 months following the initial receipt of funding pursuant to this chapter and annually thereafter, the Judicial Council, in consultation with the Department of Corrections and Rehabilitation, the Department of Finance, and the Chief Probation Officers of California, shall submit to the Governor and the Legislature a comprehensive report on the implementation of this chapter. The report shall include, but not be limited to, all of the following information: (a) The effectiveness of the community corrections program based on the reports of performance-based outcome measures required in Section 1231. (b) The percentage of offenders subject to local supervision whose supervision was revoked and who were sent to prison for the year on which the report is being made. (c) The percentage of offenders subject to local supervision who were convicted of crimes during their term of supervision for the year on which the report is being made. (d) The impact of the moneys appropriated pursuant to this chapter to enhance public safety by reducing the percentage and number of offenders subject to local supervision whose supervision was revoked for the year being reported on for violations or new convictions, and to reduce the number of offenders subject to local supervision who are sentenced to prison for a new conviction for the year on which the report is being made. (e) Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal, or local entities for improvements to this chapter. (Amended by Stats. 2015, Ch. 26, Sec. 16. (SB 85) Effective June 24, 2015.)
1233.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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The Department of Finance must calculate a set of corrections performance metrics each year and use the most recently completed fiscal year’s data.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1233.1. After the conclusion of each calendar year, the Department of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall calculate the following: (a) The per capita cost to the state to incarcerate in a state prison and supervise on parole an offender who fails local supervision and is sent to prison. (1) The per capita cost in this subdivision shall be calculated as the sum of both of the following: (A) The marginal cost to incarcerate an offender in prison multiplied by the average length of stay in prison. (B) The marginal cost to supervise an offender on parole multiplied by the average length of stay on parole multiplied by the percentage of offenders admitted to prison who are subsequently released to parole supervision. (2) The marginal cost to incarcerate an offender in prison specified in paragraph (1) shall be calculated by dividing the portion of the budget of the Department of Corrections and Rehabilitation that is annually adjusted based on changes in the prison population, including, but not limited to, pharmaceutical costs, by the average daily prison population. (3) The marginal cost to supervise an offender on parole specified in paragraph (1) shall be calculated by dividing the portion of the budget of the Department of Corrections and Rehabilitation that is annually adjusted based on changes in the parole population by the average daily parole population. (4) In carrying out the calculations pursuant to this subdivision, the Department of Finance, in consultation with the Department of Corrections and Rehabilitation, shall use data from the most recently completed fiscal year. (b) The probation failure rate, calculated as the total number of adult felony probationers, individuals on mandatory supervision, and individuals on postrelease community supervision, sent to state prison as a percentage of the average adult felony probation, mandatory supervision, and postrelease community supervision population for that year. (c) A felony probation baseline admission to prison rate for each county, calculated as an average of the annual felony probation admission to prison rate for calendar years 2022 and 2023. (d) A mandatory supervision baseline admission to prison rate for each county, calculated as an average of the annual mandatory supervision admission to prison rate for calendar years 2022 and 2023. (e) A postrelease community supervision baseline admission to prison rate for each county, calculated as an average of the annual postrelease community supervision admission to prison rate for calendar years 2022 and 2023. (f) The probation failure rate for each county shall be calculated as the total number of adult felony probationers, individuals on mandatory supervision, and individuals on postrelease community supervision, sent to state prison from that county, as a percentage of the county’s average adult felony probation, mandatory supervision, and postrelease community supervision population for that year. (g) An estimate of the number of adult felony probationers each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated as the actual number of individuals from felony probation admitted to state prison from each county in the previous calendar year subtracted from each county’s felony probation baseline admission to prison rate, calculated pursuant to subdivision (c), multiplied by the average daily population of felony probation for each county in the previous calendar year. (h) In calculating probation failure to prison rates for the state and individual counties, the number of adult felony probationers sent to state prison shall include those adult felony probationers sent to state prison for a revocation of probation, as well as adult felony probationers sent to state prison for a conviction of a new felony offense. The calculation shall also include adult felony probationers who are sent to state prison for a conviction of a new crime and who simultaneously have their probation terms terminated. (i) A mandatory supervision failure to prison rate for each county. Each county’s mandatory supervision failure to prison rate shall be calculated as the number of offenders supervised under mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 sent to prison from that county in the previous calendar year as a percentage of the county’s average mandatory supervision population for that year. (j) An estimate of the number of felons on mandatory supervision each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated as the actual number of individuals from mandatory supervision admitted to state prison from each county in the previous calendar year subtracted from each county’s mandatory supervision baseline admission to prison rate, calculated pursuant to subdivision (d), multiplied by the average daily population of mandatory supervision for each county in the previous calendar year. (k) A postrelease community supervision failure to prison rate for each county. Each county’s postrelease community supervision failure to prison rate shall be calculated as the number of offenders supervised under postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3 sent to prison from that county in the previous calendar year as a percentage of the county’s average postrelease community supervision population for that year. (l) An estimate of the number of felons on postrelease community supervision each county successfully prevented from being incarcerated in state prison. For each county, this estimate shall be calculated as the actual number of individuals from postrelease community supervision admitted to state prison from each county in the previous calendar year subtracted from each county’s postrelease community supervision baseline admission to prison rate, calculated pursuant to subdivision (e), multiplied by the average daily population of postrelease community supervision for each county from the previous calendar year. (m) The county return to prison rate. The combined individual county return to prison rate shall be calculated as the total number of offenders supervised by a county probation department as felony probationers, or subject to mandatory supervision pursuant to subdivision (h) of Section 1170, or subject to postrelease community supervision, who were sent to prison, as a percentage of the average adult felony probation, mandatory supervision, and postrelease community supervision population for that county. (n) A baseline return to prison rate for each county, calculated as an average of the county return to prison rate defined in subdivision (m) for calendar years 2022 and 2023. (o) It is the intent of the Legislature to modify the calendar years upon which the baseline admission to prison rates specified in subdivisions (c), (d), (e), and (n) are based on, as necessary, to minimize the extent to which factors unrelated to performance affect county performance incentive payments calculated pursuant to Section 1233.3. (Amended by Stats. 2025, Ch. 111, Sec. 4. (SB 157) Effective September 17, 2025.)
1233.2.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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This section annually appropriates $103,668,010 from the General Fund for the community corrections program and directs the Controller to allocate it to counties on a set schedule.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1233.2. (a) Beginning with the 2025–26 fiscal year, the amount of one hundred three million six hundred sixty-eight thousand ten dollars ($103,668,010) is hereby annually appropriated from the General Fund to the State Community Corrections Performance Incentives Fund, established pursuant to Section 1233.5, for the community corrections program as a statewide performance maintenance payment. Funds allocated pursuant to this section shall be used as specified in paragraph (3) of subdivision (b) of Section 1230. Funds shall be allocated by the Controller to counties according to the requirements of the program and pursuant to the following schedule: Alameda$ 2,330,216Alpine$ 168,800Amador$ 197,308Butte$ 351,445Calaveras$ 432,151Colusa$ 225,980Contra Costa$ 5,606,841Del Norte$ 168,800El Dorado$ 294,130Fresno$ 2,664,300Glenn$ 188,356Humboldt$ 890,805Imperial$ 171,540Inyo$ 187,451Kern$ 1,282,194Kings$ 933,353Lake$ 392,522Lassen$ 213,563Los Angeles$ 31,577,019Madera$ 1,044,486Marin$ 833,952Mariposa$ 168,800Mendocino$ 500,078Merced$ 871,819Modoc$ 171,311Mono$ 217,301Monterey$ 253,591Napa$ 278,323Nevada$ 564,871Orange$ 4,197,668Placer$ 460,696Plumas$ 373,623Riverside$ 5,869,455Sacramento$ 10,405,873San Benito$ 238,189San Bernardino$ 7,053,381San Diego$ 2,473,762San Francisco$ 2,583,106San Joaquin$ 1,879,816San Luis Obispo$ 1,116,156San Mateo$ 992,398Santa Barbara$ 1,195,901Santa Clara$ 1,475,130Santa Cruz$ 1,474,167Shasta$ 432,159Sierra$ 181,873Siskiyou$ 239,996Solano$ 681,311Sonoma$ 901,241Stanislaus$ 1,086,126Sutter$ 622,956Tehama$ 386,626Trinity$ 168,800Tulare$ 1,573,585Tuolumne$ 322,723Ventura$ 661,077Yolo$ 1,270,110Yuba$ 168,800(b) (1) In order for a county to receive the full amount allocated in subdivision (a), the return to prison rate for that county, as defined in subdivision (m) of Section 1233.1, shall not exceed a threshold of 0.5 percentage points greater than the county baseline return to prison rate, as defined in subdivision (n) of Section 1233.1. (2) For each percentage point the county return to prison rate exceeds the threshold described in paragraph (1), the county allocation identified in subdivision (a) shall be reduced by a factor of 10 percent. (c) If county allocations are reduced pursuant to subdivision (b), the amount appropriated from the General Fund to the State Community Corrections Performance Incentives Fund in subdivision (a) shall be reduced by a corresponding amount. (Added by Stats. 2025, Ch. 111, Sec. 5. (SB 157) Effective September 17, 2025.)
1233.3.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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The Department of Finance must annually calculate a county performance incentive payment for each eligible county.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1233.3. The Department of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall, for the most recently completed calendar year, annually calculate a county performance incentive payment for each eligible county. A county shall be eligible for compensation for each of the following: (a) The estimated number of felons on probation that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (g) of Section 1233.1, multiplied by 25 percent of the average of the state’s per capita costs to incarcerate a prison felony offender in a state prison and supervise an individual on parole, as defined in subdivision (a) of Section 1233.1. (b) The estimated number of felons on mandatory supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (j) of Section 1233.1, multiplied by 25 percent of the average of the state’s per capita costs to incarcerate a prison felony offender in a state prison and supervise an individual on parole, as defined in subdivision (a) of Section 1233.1. (c) The estimated number of felons on postrelease community supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (l) of Section 1233.1, multiplied by 25 percent of the average of the state’s per capita costs to incarcerate a prison felony offender in a state prison and supervise an individual on parole, as defined in subdivision (a) of Section 1233.1. (d) County performance incentive payments awarded based on the calculation pursuant to this section shall be used as specified in paragraph (3) of subdivision (b) of Section 1230. (Added by renumbering Section 1233.4 by Stats. 2025, Ch. 111, Sec. 7. (SB 157) Effective September 17, 2025.)
1233.4.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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If required data are unavailable, the Department of Finance must use the best available data to estimate each county’s grant allocation.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1233.4. If data of sufficient quality and of the types required for the implementation of this chapter are not available to the Department of Finance, the Department of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, and Judicial Council, shall use the best available data to estimate each county’s Community Corrections Performance Incentives Fund grant allocation utilizing a methodology that is as consistent with that described in this chapter as is reasonably possible. (Added by renumbering Section 1233.5 by Stats. 2025, Ch. 111, Sec. 8. (SB 157) Effective September 17, 2025.)
1233.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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This section requires annual county payment estimates and allocations, creates and funds a state incentives fund, and bars counties that do not provide required Section 1231 information from receiving the listed payments.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1233.5. (a) A statewide performance maintenance payment calculated pursuant to Section 1233.2 and a county performance incentive payment calculated pursuant to Section 1233.3 for any calendar year shall be provided to a county in the following fiscal year. The total annual payment to a county shall be divided into four equal quarterly payments. (b) The Department of Finance shall include an estimate of the total performance maintenance payments and county performance incentive payments to be provided to counties in the coming fiscal year as part of the Governor’s proposed budget released no later than January 10 of each year. This estimate shall be adjusted by the Department of Finance, as necessary, to reflect the actual calculations of probation failure reduction incentive payments in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council. This adjustment shall occur as part of standard budget revision processes completed by the Department of Finance in May of each year. (c) There is hereby established, in the State Treasury, the State Community Corrections Performance Incentives Fund, which is continuously appropriated. Moneys appropriated for purposes of statewide performance maintenance payments and county performance incentive payments authorized in Sections 1230 to 1233.6, inclusive, shall be transferred into this fund from the General Fund. Any moneys transferred into this fund from the General Fund shall be administered by the Judicial Council and the share calculated for each county probation department shall be transferred to its Community Corrections Performance Incentives Fund authorized in Section 1230. (d) For each fiscal year, the Department of Finance shall determine the total amount of the State Community Corrections Performance Incentives Fund and the amount to be allocated to each county, pursuant to Sections 1230 to 1233.6, inclusive, and shall report those amounts to the Controller. The Controller shall make an allocation from the State Community Corrections Performance Incentives Fund authorized in subdivision (c) to each county in accordance with the amounts provided. (e) Notwithstanding Section 13340 of the Government Code, each fiscal year, the amount of one million dollars ($1,000,000) is hereby continuously appropriated from the State Community Corrections Performance Incentives Fund to the Judicial Council for the costs of implementing and administering this program, pursuant to subdivision (c), and the 2011 realignment legislation addressing public safety. (f) A county that fails to provide the information required in Section 1231 to the Judicial Council shall not be eligible for the statewide performance maintenance payment pursuant to Section 1233.2 or the county performance incentive payment pursuant to Section 1233.3. (Added by renumbering Section 1233.6 by Stats. 2025, Ch. 111, Sec. 9. (SB 157) Effective September 17, 2025.)
1233.6.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. )
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The Department of Finance must raise certain county award amounts up to $200,000, and counties that do not provide required information to the Judicial Council are not eligible for payment under this section.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 8. OF JUDGMENT AND EXECUTION [1191 - 1233.6] ( Title 8 enacted 1872. ) ## CHAPTER 3. California Community Corrections Performance Incentives [1228 - 1233.6] ( Chapter 3 added by Stats. 2009, Ch. 608, Sec. 2. ) ## 1233.6. (a) The Department of Finance shall increase to no more than two hundred thousand dollars ($200,000) the award amount for any county whose statewide performance maintenance payment and county performance incentive payment, as calculated pursuant to Sections 1233.2 and 1233.3, totals less than two hundred thousand dollars ($200,000). Funds allocated pursuant to this section shall be used as specified in paragraph (3) of subdivision (b) of Section 1230. (b) A county that fails to provide the information specified in Section 1231 to the Judicial Council shall not be eligible for payment pursuant to this section. (c) The moneys appropriated pursuant to this chapter shall be used to supplement, not supplant, any other state or county appropriation for a CPO or a probation department. (Added by renumbering Section 1233.7 by Stats. 2025, Ch. 111, Sec. 11. (SB 157) Effective September 17, 2025.)
1235.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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Either party in a felony case may appeal questions of law alone, and the appeal goes to the court of appeal for the relevant district.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1235. (a) Either party to a felony case may appeal on questions of law alone, as prescribed in this title and in rules adopted by the Judicial Council. The provisions of this title apply only to such appeals. (b) An appeal from the judgment or appealable order in a felony case is to the court of appeal for the district in which the court from which the appeal is taken is located. (Amended by Stats. 1998, Ch. 931, Sec. 397. Effective September 28, 1998.)
1236.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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The appealing party is called the appellant, the adverse party is called the respondent, and the appeal does not change the title of the action.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1236. The party appealing is known as the appellant, and the adverse party as the respondent, but the title of the action is not changed in consequence of the appeal. (Enacted 1872.)
1237.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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A defendant may appeal from a final judgment of conviction, subject to listed exceptions, and from an order made after judgment that affects the party’s substantial rights.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1237. An appeal may be taken by the defendant from both of the following: (a) Except as provided in Sections 1237.1, 1237.2, and 1237.5, from a final judgment of conviction. A sentence, an order granting probation, or the commitment of a defendant for insanity, the indeterminate commitment of a defendant as a mentally disordered sex offender, or the commitment of a defendant for controlled substance addiction shall be deemed to be a final judgment within the meaning of this section. Upon appeal from a final judgment the court may review any order denying a motion for a new trial. (b) From any order made after judgment, affecting the substantial rights of the party. (Amended by Stats. 2015, Ch. 194, Sec. 1. (AB 249) Effective January 1, 2016.)
1237.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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A defendant cannot appeal a conviction based on presentence custody credit calculation errors unless the issue was first raised in the trial court at sentencing, or later by a motion to correct the record.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1237.1. No appeal shall be taken by the defendant from a judgment of conviction on the ground of an error in the calculation of presentence custody credits, unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction of the record in the trial court, which may be made informally in writing. The trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the calculation of presentence custody credits upon the defendant’s request for correction. (Amended by Stats. 2015, Ch. 194, Sec. 2. (AB 249) Effective January 1, 2016.)
1237.2.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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A defendant generally cannot appeal a conviction based on errors in fines, fees, or similar amounts unless the issue was first raised in the trial court, and the trial court can still fix such errors after an appeal is filed.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1237.2. An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court, which may be made informally in writing. The trial court retains jurisdiction after a notice of appeal has been filed to correct any error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs upon the defendant’s request for correction. This section only applies in cases where the erroneous imposition or calculation of fines, penalty assessments, surcharges, fees, or costs are the sole issue on appeal. (Added by Stats. 2015, Ch. 194, Sec. 3. (AB 249) Effective January 1, 2016.)
1237.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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A defendant generally cannot appeal a conviction based on a guilty or nolo contendere plea, or a probation revocation after admitting a violation, unless specified written-statement and probable-cause-certificate requirements are met.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1237.5. No appeal shall be taken by the defendant from a judgment of conviction upon a plea of guilty or nolo contendere, or a revocation of probation following an admission of violation, except where both of the following are met: (a) The defendant has filed with the trial court a written statement, executed under oath or penalty of perjury showing reasonable constitutional, jurisdictional, or other grounds going to the legality of the proceedings. (b) The trial court has executed and filed a certificate of probable cause for such appeal with the clerk of the court. (Amended by Stats. 2002, Ch. 784, Sec. 550. Effective January 1, 2003.)
1238.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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The people may appeal only from the listed criminal orders and judgments, and the court may review a suppression/return order in one of those appeals.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1238. (a) An appeal may be taken by the people from any of the following: (1) An order setting aside all or any portion of the indictment, information, or complaint. (2) An order sustaining a demurrer to all or any portion of the indictment, accusation, or information. (3) An order granting a new trial. (4) An order arresting judgment. (5) An order made after judgment, affecting the substantial rights of the people. (6) An order modifying the verdict or finding by reducing the degree of the offense or the punishment imposed or modifying the offense to a lesser offense. (7) An order dismissing a case prior to trial made upon motion of the court pursuant to Section 1385 whenever such order is based upon an order granting the defendant’s motion to return or suppress property or evidence made at a special hearing as provided in this code. (8) An order or judgment dismissing or otherwise terminating all or any portion of the action including such an order or judgment after a verdict or finding of guilty or an order or judgment entered before the defendant has been placed in jeopardy or where the defendant has waived jeopardy. (9) An order denying the motion of the people to reinstate the complaint or a portion thereof pursuant to Section 871.5. (10) The imposition of an unlawful sentence, whether or not the court suspends the execution of the sentence, except that portion of a sentence imposing a prison term which is based upon a court’s choice that a term of imprisonment (A) be the upper, middle, or lower term, unless the term selected is not set forth in an applicable statute, or (B) be consecutive or concurrent to another term of imprisonment, unless an applicable statute requires that the term be consecutive. As used in this paragraph, “unlawful sentence” means the imposition of a sentence not authorized by law or the imposition of a sentence based upon an unlawful order of the court which strikes or otherwise modifies the effect of an enhancement or prior conviction. (11) An order recusing the district attorney pursuant to Section 1424. (b) If, pursuant to paragraph (8) of subdivision (a), the people prosecute an appeal to decision, or any review of such decision, it shall be binding upon them and they shall be prohibited from refiling the case which was appealed. (c) When an appeal is taken pursuant to paragraph (7) of subdivision (a), the court may review the order granting the defendant’s motion to return or suppress property or evidence made at a special hearing as provided in this code. (d) Nothing contained in this section shall be construed to authorize an appeal from an order granting probation. Instead, the people may seek appellate review of any grant of probation, whether or not the court imposes sentence, by means of a petition for a writ of mandate or prohibition which is filed within 60 days after probation is granted. The review of any grant of probation shall include review of any order underlying the grant of probation. (Amended by Stats. 1999, Ch. 344, Sec. 25. Effective September 7, 1999.)
1238.5.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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If the prosecution appeals under Section 1238, the defendant’s time to seek review is restored, and the Judicial Council must set a rule to combine the review petition with the prosecution appeal.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1238.5. Upon appeal by the prosecution pursuant to Section 1238, where the notice of appeal is filed after the expiration of the time available to defendant to seek review of an otherwise reviewable order or ruling and the appeal by the prosecution relates to a matter decided during the time available to the defendant to seek review of the otherwise reviewable order or ruling, the time for defendant to seek such review is reinstated to run from the date the notice of appeal was filed with proof of service upon defendant or his counsel. The Judicial Council shall provide by rule for the consolidation of such petition for review with the prosecution appeal. (Added by Stats. 1975, Ch. 1195.)
1239.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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This section says who may take a felony appeal and requires the defendant’s trial counsel to keep representing the defendant until finishing specified additional duties.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1239. (a) Where an appeal lies on behalf of the defendant or the people, it may be taken by the defendant or his or her counsel, or by counsel for the people, in the manner provided in rules adopted by the Judicial Council. (b) When upon any plea a judgment of death is rendered, an appeal is automatically taken by the defendant without any action by him or her or his or her counsel. The defendant’s trial counsel, whether retained by the defendant or court appointed, shall continue to represent the defendant until completing the additional duties set forth in paragraph (1) of subdivision (e) of Section 1240.1. (Amended (as added by Stats. 1982, Ch. 917, Sec. 4) by Stats. 1988, Ch. 551, Sec. 1.)
1239.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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In capital cases, the Supreme Court must speed up review, appoint counsel for an indigent appellant as soon as possible, and allow briefing extensions only for compelling or extraordinary reasons.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1239.1. (a) It is the duty of the Supreme Court in a capital case to expedite the review of the case. The court shall appoint counsel for an indigent appellant as soon as possible. The court shall only grant extensions of time for briefing for compelling or extraordinary reasons. (b) When necessary to remove a substantial backlog in appointment of counsel for capital cases, the Supreme Court shall require attorneys who are qualified for appointment to the most serious non-capital appeals and who meet the qualifications for capital appeals to accept appointment in capital cases as a condition for remaining on the court’s appointment list. A “substantial backlog” exists for this purpose when the time from entry of judgment in the trial court to appointment of counsel for appeal exceeds 6 months over a period of 12 consecutive months. (Added November 8, 2016, by initiative Proposition 66, Sec. 5.)
124.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. )
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A deposition, affidavit, or certificate is treated as complete when the accused delivers it to another person with the intent that it be spoken or published as true.

## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 5. Perjury and Subornation of Perjury [118 - 131] ( Chapter 5 enacted 1872. ) ## 124. The making of a deposition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true. (Amended by Stats. 1905, Ch. 485.)
1240.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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When an eligible person cannot afford counsel in a covered proceeding, the court must appoint the State Public Defender, unless the State Public Defender has refused representation for conflict or another reason.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1240. (a) When in a proceeding falling within the provisions of Section 15421 of the Government Code a person is not represented by a public defender acting pursuant to Section 27706 of the Government Code or other counsel and he is unable to afford the services of counsel, the court shall appoint the State Public Defender to represent the person except as follows: (1) The court shall appoint counsel other than the State Public Defender when the State Public Defender has refused to represent the person because of conflict of interest or other reason. (2) The court may, in its discretion, appoint either the State Public Defender or the attorney who represented the person at his trial when the person requests the latter to represent him on appeal and the attorney consents to the appointment. In unusual cases, where good cause exists, the court may appoint any other attorney. (3) A court may appoint a county public defender, private attorney, or nonprofit corporation with which the State Public Defender has contracted to furnish defense services pursuant to Government Code Section 15402. (4) When a judgment of death has been rendered the Supreme Court may, in its discretion, appoint counsel other than the State Public Defender or the attorney who represented the person at trial. (b) If counsel other than the State Public Defender is appointed pursuant to this section, he may exercise the same authority as the State Public Defender pursuant to Chapter 2 (commencing with Section 15420) of Part 7 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1975, Ch. 1125.)
1240.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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This section requires trial counsel in covered cases to advise indigent defendants about appeal issues and, in some cases, file the notice of appeal and related papers. It also requires additional steps for appointing appellate counsel and record preparation in capital cases.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1240.1. (a) In any noncapital criminal, juvenile court, or civil commitment case wherein the defendant would be entitled to the appointment of counsel on appeal if indigent, it shall be the duty of the attorney who represented the person at trial to provide counsel and advice as to whether arguably meritorious grounds exist for reversal or modification of the judgment on appeal. The attorney shall admonish the defendant that he or she is not able to provide advice concerning his or her own competency, and that the State Public Defender or other counsel should be consulted for advice as to whether an issue regarding the competency of counsel should be raised on appeal. The trial court may require trial counsel to certify that he or she has counseled the defendant as to whether arguably meritorious grounds for appeal exist at the time a notice of appeal is filed. Nothing in this section shall be construed to prevent any person having a right to appeal from doing so. (b) It shall be the duty of every attorney representing an indigent defendant in any criminal, juvenile court, or civil commitment case to execute and file on his or her client’s behalf a timely notice of appeal when the attorney is of the opinion that arguably meritorious grounds exist for a reversal or modification of the judgment or orders to be appealed from, and where, in the attorney’s judgment, it is in the defendant’s interest to pursue any relief that may be available to him or her on appeal; or when directed to do so by a defendant having a right to appeal. With the notice of appeal the attorney shall file a brief statement of the points to be raised on appeal and a designation of any document, paper, pleading, or transcript of oral proceedings necessary to properly present those points on appeal when the document, paper, pleading, or transcript of oral proceedings would not be included in the normal record on appeal according to the applicable provisions of the California Rules of Court. The executing of the notice of appeal by the defendant’s attorney shall not constitute an undertaking to represent the defendant on appeal unless the undertaking is expressly stated in the notice of appeal. If the defendant was represented by appointed counsel on the trial level, or if it appears that the defendant will request the appointment of counsel on appeal by reason of indigency, the trial attorney shall also assist the defendant in preparing and submitting a motion for the appointment of counsel and any supporting declaration or affidavit as to the defendant’s financial condition. These documents shall be filed with the trial court at the time of filing a notice of appeal, and shall be transmitted by the clerk of the trial court to the clerk of the appellate court within three judicial days of their receipt. The appellate court shall act upon that motion without unnecessary delay. An attorney’s failure to file a motion for the appointment of counsel with the notice of appeal shall not foreclose the defendant from filing a motion at any time it becomes known to him or her that the attorney has failed to do so, or at any time he or she shall become indigent if he or she was not previously indigent. (c) The State Public Defender shall, at the request of any attorney representing a prospective indigent appellant or at the request of the prospective indigent appellant himself or herself, provide counsel and advice to the prospective indigent appellant or attorney as to whether arguably meritorious grounds exist on which the judgment or order to be appealed from would be reversed or modified on appeal. (d) The failure of a trial attorney to perform any duty prescribed in this section, assign any particular point or error in the notice of appeal, or designate any particular thing for inclusion in the record on appeal shall not foreclose any defendant from filing a notice of appeal on his or her own behalf or from raising any point or argument on appeal; nor shall it foreclose the defendant or his or her counsel on appeal from requesting the augmentation or correction of the record on appeal in the reviewing court. (e) (1) In order to expedite certification of the entire record on appeal in all capital cases, the defendant’s trial counsel, whether retained by the defendant or court-appointed, and the prosecutor shall continue to represent the respective parties. Each counsel’s obligations extend to taking all steps necessary to facilitate the preparation and timely certification of the record of all trial court proceedings. (2) The duties imposed on trial counsel in paragraph (1) shall not foreclose the defendant’s appellate counsel from requesting additions or corrections to the record on appeal in either the trial court or the California Supreme Court in a manner provided by rules of court adopted by the Judicial Council. (Amended by Stats. 2003, Ch. 62, Sec. 232. Effective January 1, 2004.)
1241.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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Appointed counsel other than a public defender is entitled to reasonable compensation and necessary expenses, and must claim payment on a Judicial Council form.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1241. In any case in which counsel other than a public defender has been appointed by the Supreme Court or by a court of appeal to represent a party to any appeal or proceeding, such counsel shall receive a reasonable sum for compensation and necessary expenses, the amount of which shall be determined by the court and paid from any funds appropriated to the Judicial Council for that purpose. Claim for the payment of such compensation and expenses shall be made on a form prescribed by the Judicial Council and presented by counsel to the clerk of the appointing court. After the court has made its order fixing the amount to be paid the clerk shall transmit a copy of the order to the State Controller who shall draw his warrant in payment thereof and transmit it to the payee. (Amended by Stats. 1975, Ch. 1125.)
1242.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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If the people appeal, that appeal does not stay or affect a judgment for the defendant unless and until the judgment is reversed.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1242. An appeal taken by the people in no case stays or affects the operation of a judgment in favor of the defendant, until judgment is reversed. (Enacted 1872.)
1243.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. )
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An appeal from a conviction generally stays execution only in death-penalty cases; otherwise, a stay happens only if the trial or appellate court orders it.

## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 9. APPEALS IN FELONY CASES [1235 - 1265] ( Heading of Title 9 amended by Stats. 1998, Ch. 931, Sec. 396. ) ## CHAPTER 1. Appeals, When Allowed and How Taken, and the Effect Thereof [1235 - 1246] ( Chapter 1 enacted 1872. ) ## 1243. An appeal to the Supreme Court or to a court of appeal from a judgment of conviction stays the execution of the judgment in all cases where a sentence of death has been imposed, but does not stay the execution of the judgment or order granting probation in any other case unless the trial or appellate court shall so order. The granting or refusal of such an order shall rest in the discretion of the court, except that a court shall not stay any duty to register as a sex offender pursuant to Section 290. If the order is made, the clerk of the court shall issue a certificate stating that the order has been made. (Amended by Stats. 1998, Ch. 960, Sec. 3. Effective January 1, 1999.)

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