Penal code section 1191-1209

CALIFORNIA CODES



PENAL CODE



SECTION 1191-1209



















1191.  In the superior court, after a plea, finding, or verdict of



guilty, or after a finding or verdict against the defendant on a plea



of a former conviction or acquittal, or once in jeopardy, the court



shall appoint a time for pronouncing judgment, which shall be within



20 judicial days after the verdict, finding, or plea of guilty,



during which time the court shall refer the case to the probation



officer for a report if eligible for probation and pursuant to



Section 1203.  However, the court may extend the time not more than



10 days for the purpose of hearing or determining any motion for a



new trial, or in arrest of judgment, and may further extend the time



until the probation officer's report is received and until any



proceedings for granting or denying probation have been disposed of.



If, in the opinion of the court, there is a reasonable ground for



believing a defendant insane, the court may extend the time for



pronouncing sentence until the question of insanity has been heard



and determined, as provided in this code.  If the court orders



defendant placed in a diagnostic facility pursuant to Section



1203.03, the time otherwise allowed by this section for pronouncing



judgment is extended by a period equal to (1) the number of days



which elapse between the date of the order and the date on which



notice is received from the Director of Corrections advising whether



or not the Department of Corrections will receive defendant in the



facility, and (2) if the director notifies the court that it will



receive the defendant, the time which elapses until his or her return



to the court from the facility.















1191.1.  The victim of any crime, or the parents or guardians of the



victim if the victim is a minor, or the next of kin of the victim if



the victim has died, have the right to attend all sentencing



proceedings under this chapter and shall be given adequate notice by



the probation officer of all sentencing proceedings concerning the



person who committed the crime.



   The victim, or up to two of the victim's parents or guardians if



the victim is a minor, or the next of kin of the victim if the victim



has died, have the right to appear, personally or by counsel, at the



sentencing proceeding and to reasonably express his, her, or their



views concerning the crime, the person responsible, and the need for



restitution.  The court in imposing sentence shall consider the



statements of victims, parents or guardians, and next of kin made



pursuant to this section and shall state on the record its conclusion



concerning whether the person would pose a threat to public safety



if granted probation.



   The provisions of this section shall not be amended by the



Legislature except by statute passed in each house by rollcall vote



entered in the journal, two-thirds of the membership concurring, or



by a statute that becomes effective only when approved by the



electors.











1191.10.  The definition of the term "victim" as used in Section



1191.1 includes any insurer or employer who was the victim of workers'



compensation fraud for the crimes specified in Section 549 of this



code, Sections 2314 and 6152 of the Business and Professions Code,



Sections 1871.4, 11760, and 11880 of the Insurance Code, and Section



3215 of the Labor Code.















1191.15.  (a) The court may permit the victim of any crime, or his



or her parent or guardian if the victim is a minor, or the next of



kin of the victim if the victim has died, to file with the court a



written, audiotaped, or videotaped statement expressing his or her



views concerning the crime, the person responsible, and the need for



restitution, in lieu of or in addition to such person personally



appearing at the time of judgment and sentence.  The court shall



consider any such statement filed with the court prior to imposing



judgment and sentence.



   Whenever an audio or video statement is filed with the court, a



written transcript of the tape shall also be provided by the person



filing the statement, and shall be made available as a public record



of the court after the judgment and sentence have been imposed.



   (b) Whenever such a written, audio, or video statement is filed



with the court, it shall remain sealed until the time set for



imposition of judgment and sentence except that the court, the



probation officer, and counsel for the parties may view and listen to



such statements not more than two court days prior to the date set



for imposition of judgment and sentence.



   (c) No person may, and no court shall, permit any person to



duplicate, copy, or reproduce by any audio or visual means any



audiotaped or videotaped statement  submitted to the court under the



provisions of this section.



   (d) Nothing in this section shall be construed to prohibit the



prosecutor from representing to the court the views of the victim or



his or her parent or guardian or the next of kin.



   (e) In the event the court permits an audio or video statement to



be filed, the court shall not be responsible for providing any



equipment or resources needed to assist the victim in preparing the



statement.











1191.16.  The victim of any crime, or the parents or guardians of



the victim if the victim is a minor, or the next of kin of the victim



if the victim has died, who choose to exercise their rights with



respect to sentencing proceedings as described in Section 1191.1 may,



in any case where the defendant is subject to an indeterminate term



of imprisonment, have their statements simultaneously recorded and



preserved by means of videotape, videodisc, or any other means of



preserving audio and video, if they notify the prosecutor in advance



of the sentencing hearing and the prosecutor reasonably is able to



provide the means to record and preserve the statement.  If a video



and audio record is developed, that record shall be maintained and



preserved by the prosecution and used in accordance with the



regulations of the Board of Prison Terms at any hearing to review



parole suitability or the setting of a parole date.















1191.2.  In providing notice to the victim pursuant to Section



1191.1, the probation officer shall also provide the victim with



information concerning the victim's right to civil recovery against



the defendant, the requirement that the court order restitution for



the victim, the victim's right to receive a copy of the restitution



order from the court and to enforce the restitution order as a civil



judgment, the victim's responsibility to furnish the probation



department, district attorney, and court with information relevant to



his or her losses, and the victims' opportunity to be compensated



from the Restitution Fund if eligible under Article 1 (commencing



with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2



of the Government Code.  This information shall be in the form of



written material prepared by the Judicial Council in consultation



with the State Board of Control, shall include the relevant sections



of the Penal Code, and shall be provided to each victim for whom the



probation officer has a current mailing address.















1191.25.  The prosecution shall make a good faith attempt to notify



any victim of a crime which was committed by, or is alleged to have



been committed by, an in-custody informant, as defined in subdivision



(a) of Section 1127a, within a reasonable time before the in-custody



informant is called to testify.  The notice shall include



information concerning the prosecution's intention to offer the



in-custody informant a modification or reduction in sentence or



dismissal of the case or early parole in exchange for the in-custody



informant's testimony in another case.  The notification or attempt



to notify the victim shall be made prior to the commencement of the



trial in which the in-custody informant is to testify where the



intention to call him or her is known at that time, but in no case



shall the notice be made later than the time the in-custody informant



is called to the stand.



   Nothing contained in this section is intended to affect the right



of the people and the defendant to an expeditious disposition of a



criminal proceeding, as provided in Section 1050.  The victim of any



case alleged to have been committed by the in-custody informant may



exercise his or her right to appear at the sentencing of the



in-custody informant pursuant to Section 1191.1, but the victim shall



not have a right to intervene in the trial in which the in-custody



informant is called to testify.















1191.3.  (a) At the time of sentencing or pronouncement of judgment



in which sentencing is imposed, the court shall make an oral



statement that statutory law permits the award of conduct and



worktime credits up to one-third or one-half of the sentence that is



imposed by the court, that the award and calculation of credits is



determined by the sheriff in cases involving imprisonment in county



jails and by the Department of Corrections in cases involving



imprisonment in the state prison, and that credit for presentence



incarceration served by the defendant is calculated by the probation



department under current state law.



   As used in this section, "victim" means the victim of the offense,



the victim's parent or guardian if the victim is a minor, or the



victim's next of kin.



   (b) The probation officer shall provide a general estimate of the



credits to which the defendant may be entitled for previous time



served, and conduct or worktime credits authorized under Sections



2931, 2933, or 4019, and shall inform the victim pursuant to Section



1191.1.  The probation officer shall file this estimate with the



court and it shall become a part of the court record.



   (c) This section applies to all felony convictions.















1192.  Upon a plea of guilty, or upon conviction by the court



without a jury, of a crime or attempted crime distinguished or



divided into degrees, the court must, before passing sentence,



determine the degree.  Upon the failure of the court to so determine,



the degree of the crime or attempted crime of which the defendant is



guilty, shall be deemed to be of the lesser degree.















1192.1.  Upon a plea of guilty to an information or indictment



accusing the defendant of a crime or attempted crime divided into



degrees when consented to by the prosecuting attorney in open court



and approved by the court, such plea may specify the degree thereof



and in such event the defendant cannot be punished for a higher



degree of the crime or attempted crime than the degree specified.















1192.2.  Upon a plea of guilty before a committing magistrate as



provided in Section 859a, to a crime or attempted crime divided into



degrees, when consented to by the prosecuting attorney in open court



and approved by such magistrate, such plea may specify the degree



thereof and in such event, the defendant cannot be punished for a



higher degree of the crime or attempted crime than the degree



specified.















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.















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.











1192.5.  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 Section 262, Section 264.1, Section 286 by



force, violence, duress, menace or threat of great bodily harm,



subdivision (b) of Section 288, Section 288a by force, violence,



duress, menace or threat of great bodily harm, 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.



   Where 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.



   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 his or her plea if he or



she 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.



   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.



   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.















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.











1192.7.  (a) 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.



   (b) As used in this section "plea bargaining" means any



bargaining, negotiation, or discussion between a criminal defendant,



or his or her 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 the age of 14 years; (7) any felony



punishable by death or imprisonment in the state prison for life; (8)



any other 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 great bodily injury or



mayhem; (17) exploding a destructive device or any explosive with



intent to murder; (18) burglary of an inhabited dwelling house, or



trailer coach as defined by the Vehicle Code, or inhabited portion of



any other building; (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; any attempt to commit a crime listed in this subdivision



other than an assault; and (20) any conspiracy to commit an offense



described in paragraph (24) as it applies to Section 11370.4 of the



Health and Safety Code where the defendant conspirator was



substantially involved in the planning, direction, or financing of



the underlying offense.



   (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 bank 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.











1192.8.  (a) For purposes of subdivision (c) of Section 1192.7,



"serious felony" also means any violation of Section 288.5.



   (b) For purposes of subdivision (c) of Section 1192.7, "serious



felony" also means any violation of Section 191.5, paragraph (1) or



(3) of subdivision (c) of Section 192, paragraph (a) 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.



   (c) It is the intent of the Legislature, in enacting subdivision



(b), 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 (b) have always



been, and continue to be, serious felonies within the meaning of



subdivision (c) of Section 1192.7.















1193.  Judgment upon persons convicted of commission of crime shall



be pronounced as follows:



    (a) If the conviction is for a felony, the defendant shall be



personally present when judgment is pronounced against him or her,



unless  the defendant, in open court and on the record, or in a



notarized writing, requests that judgment be pronounced against him



or her in his or her absence, and that he or she be represented by an



attorney when judgment is pronounced, and the court approves his or



her absence during the pronouncement of judgment, or unless, after



the exercise of reasonable diligence to procure the presence of the



defendant, the court shall find that it will be in the interest of



justice that judgment be pronounced in his or her absence; provided,



that when any judgment imposing the death penalty has been affirmed



by the appellate court, sentence may be reimposed upon the defendant



in his or her absence by the court from which the appeal was taken,



and in the following manner:  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



forthwith 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; and



that, 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 by



registered mail to the Governor; and provided further, that when any



judgment imposing the death penalty has been affirmed and sentence



has been reimposed as above provided there shall be no appeal from



the order fixing the time for and directing the execution of the



judgment as herein provided.   If a pro se defendant requests that



judgment in a noncapital case be pronounced against him or her in his



or her 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 his absence.















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.















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.















1196.  (a) The clerk, or the judge or justice, if there is no clerk,



must at any time after the order issue a bench warrant into one or



more counties.



   (b) The clerk, or the judge or justice, 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)).















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)



















1198.  The bench warrant may be served in any county in the same



manner as a warrant of arrest.















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.



















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.















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.



















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.















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.











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.















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, 288, 288a, 288.5, or 289, 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, 288a, 288.5, or 289, 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).















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 test for evidence of antibodies to the probable causative



agent of acquired immune deficiency syndrome (AIDS).  Each person



tested under this section shall be informed of the results of the



blood test.



   (b) Notwithstanding Section 120980 of the Health and Safety Code,



the results of the blood 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 647f or 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 subsequent offense under



Section 647f or sentence enhancement under Section 12022.85 or



complying with subdivision (d).



   (d) (1) In every case in which 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 his or



her right to receive the results of the blood 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 him or her 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 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 he or she 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.



   (2) Unlawful intercourse with a female under age 18 in violation



of Section 261.5.



   (3) Rape of a spouse in violation of Section 262.



   (4) Sodomy in violation of Section 286.



   (5) Oral copulation in violation of Section 288a.



   (6) Lewd or lascivious acts with a child in violation of Section



288, 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.  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 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) Any victim who receives information from the local health



officer pursuant to subdivision (g) may disclose the information as



he or she deems necessary to protect his or her health and safety or



the health and safety of his or her family or sexual partner.



   (j) Any 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.















1202.4.  (a) (1) It is the intent of the Legislature that a victim



of crime who incurs any economic loss as a result of the commission



of a crime shall receive restitution directly from any defendant



convicted of that crime.



   (2) Upon a person being convicted of any 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 pursuant to Section 1214.



   (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, but shall



not be less than two hundred dollars ($200), and not more than ten



thousand dollars ($10,000), if the person is convicted of a felony,



and shall not be less than one hundred dollars ($100), and not more



than one thousand dollars ($1,000), if the person is convicted of a



misdemeanor.



   (2) In setting a felony restitution fine, the court may determine



the amount of the fine as the product of two hundred dollars ($200)



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



two-hundred-dollar ($200) or one-hundred-dollar ($100) minimum.



   (d) In setting the amount of the fine pursuant to subdivision (b)



in excess of the two-hundred-dollar ($200) or one-hundred-dollar



($100) minimum, 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 any 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



his or her dependents as well as intangible losses, such as



psychological harm caused by the crime.  Consideration of a defendant'



s inability to pay may include his or her future earning capacity.  A



defendant shall bear the burden of demonstrating his or her



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 as provided in Section 1464, and shall be deposited in



the Restitution Fund in the State Treasury.



   (f) 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 unless it finds compelling and extraordinary reasons for



not doing so, and states them on the record.



   (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.



   (2) Determination of the amount of restitution ordered pursuant to



this subdivision shall not be affected by the indemnification or



subrogation rights of any third party.  Restitution payments made



pursuant to this subdivision shall be made to the Restitution Fund to



the extent that the victim, as defined in subdivision (k), 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.



   (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) 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.



   (D) 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.



   (E) Noneconomic losses, including, but not limited to,



psychological harm, for felony violations of Section 288.



   (F) Interest, at the rate of 10 percent per annum, that accrues as



of the date of sentencing or loss, as determined by the court.



   (G) Actual and reasonable attorney's fees and other costs of



collection accrued by a private entity on behalf of the victim.



   (g) The court shall order full restitution 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 order, nor shall inability to pay 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, pursuant to



Section 1214.



   (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 the



immediate surviving family of the actual victim.  "Victim" shall also



include any 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.



   (l) At its discretion, the board of supervisors of any county may



impose a fee to cover the actual administrative cost of collecting



the restitution fine, not to exceed 10 percent of the amount ordered



to be paid, to be added to the restitution fine and included in the



order of the court, the proceeds of which shall be deposited in the



general fund of the county.



   (m) 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.



   (n) If the court finds and states on the record compelling and



extraordinary reasons why a restitution fine or full restitution



order 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 restitution should not be required. Upon revocation



of probation, the court shall impose restitution pursuant to this



section.



   (o) The provisions of Section 13966.01 of the Government Code



shall apply to restitution imposed pursuant to this section.



















1202.45.  In every case where a person is convicted of a crime and



whose 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 restitution fine in the same



amount as that imposed pursuant to subdivision (b) of Section 1202.4.



  This additional restitution fine shall be suspended unless the



person's parole is revoked.















1202.5.  (a) In any case in which a defendant is convicted of any of



the offenses enumerated in Section 211,  215, 459, 487, or 488, the



court may 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 may 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) All fines collected pursuant to this section shall be



transferred to the local law enforcement agency in the jurisdiction



where the offense took place.  All moneys collected shall be used



exclusively to implement, support, and continue local crime



prevention programs.



   (c) As used in this section, "law enforcement agency" includes,



but is not limited to, police departments, sheriffs departments, and



probation departments.















1202.6.  (a) Notwithstanding Sections 120975, 120980, and 120990 of



the Health and Safety Code, upon the first conviction of any person



for a violation of subdivision (b) of Section 647, the court shall,



before sentencing or as a condition of probation, order the defendant



to complete instruction in the causes and consequences of acquired



immune deficiency syndrome (AIDS) pursuant to subdivision (d) and



shall order the defendant to submit to testing for AIDS in accordance



with subdivision (e).  In addition, the court shall refer a



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 any drug diversion



program, or both.



   (b) Upon a second or subsequent conviction of a violation of



subdivision (b) of Section 647, the court shall, before sentencing,



order the defendant to submit to testing for AIDS in accordance with



subdivision (e).



   (c) At the sentencing hearing of a defendant ordered to submit to



testing for AIDS pursuant to subdivision (a) or (b), the court shall



furnish the defendant with a copy of the report submitted pursuant to



subdivision (e) and shall direct the clerk to note the receipt of



the report by the defendant in the records of the case.



   If the results of the test described in the report are positive,



the court shall make certain that the defendant understands the



nature and meaning of the contents of the report and shall further



advise the defendant of the penalty established in Section 647f for a



subsequent violation of subdivision (b) of Section 647.



   (d) The county health officer in each county shall select an



agency, or agencies, in the county that shall provide AIDS prevention



education.  The county health officer shall endeavor to select an



agency, or agencies, that currently provide AIDS prevention education



programs to substance abusers or prostitutes.  If no agency is



currently providing this education, the county agency responsible for



substance abuse shall develop an AIDS prevention education program



either within the agency or under contract with a community-based,



nonprofit organization in the county.  The county health officer



shall forward to the courts a list of agencies selected for purposes



of referral.



   An AIDS prevention education program providing services, at a



minimum, shall include details about the transmission of human



immunodeficiency virus (HIV), the etiologic agent for AIDS, symptoms



of AIDS or AIDS-related conditions, prevention through avoidance or



cleaning of needles, sexual practices that constitute high risk, low



risk, and no risk (including abstinence), and resources for



assistance if the person decides to take a test for the etiologic



agent for AIDS and receives a positive test result.  The program also



shall include other relevant medical and prevention information as



it becomes available.



   (e) The court shall order testing of every defendant as ordered



pursuant to subdivision (a) or (b) for evidence of antibodies to the



probable causative agent of acquired immune deficiency syndrome.



Notwithstanding Section 120980 of the Health and Safety Code, written



copies of the report on the test shall be furnished to both of the



following:



   (1) The court in which the defendant is to be sentenced.



   (2) The State Department of Health Services.



   (f) Except as provided in subdivisions (c) and (g), the reports



required by subdivision (e) shall be confidential.



   (g) The State Department of Health Services shall maintain the



confidentiality of the reports received pursuant to subdivision (e),



except that the department shall furnish copies of any report to a



district attorney upon request.











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.



















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) 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.















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 of his or her findings and



recommendations, including his or her 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 his or her 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) The probation officer shall also include in the report his or



her recommendation of 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.



   (D) 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 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 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 there shall be no waiver 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



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 him



or her 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 where 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 his or her 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 he or she has been convicted.



   (3) Any person who willfully inflicted great bodily injury or



torture in the perpetration of the crime of which he or she 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,



288, 288a, or 288.5, 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



he or she 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 his or her



arrest for the previous crime, he or she 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 his or her 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 12020, a machine gun under



Section 12220, or a silencer under Section 12520.



   (12) Any person who is convicted of violating Section 8101 of the



Welfare and Institutions Code.



   (13) Any person who is described in paragraph (2) or (3) of



subdivision (g) of Section 12072.



   (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 where the



determination is applicable.  The judge, in his or her 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 of his or her 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) No probationer shall be released to enter another state unless



his or her 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)



and the probationer has reimbursed the county that has jurisdiction



over his or her probation case the reasonable costs of processing his



or her request for interstate compact supervision.  The amount and



method of reimbursement shall be in accordance with Section 1203.1b.







   (j) In any court where 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 his or her 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.



















1203.01.  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 he or she was 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 at the prison or other



institution to which  the person convicted is delivered.  Within 60



days after judgment has been pronounced, the clerk shall mail a copy



of the charging documents,  the transcript of the proceedings at the



time of the defendant's guilty plea, if the defendant pleaded guilty,



and the transcript of the proceedings at the time of sentencing,



with postage prepaid, to 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 a copy of



any statement submitted by the attorney for the defendant, with



postage prepaid, shall be mailed to the district attorney.















1203.016.  (a) Notwithstanding any other provision of law, the board



of supervisors of any county may authorize the correctional



administrator, as defined in subdivision (h), to offer a program



under which minimum security inmates and low-risk offenders committed



to a county jail or other county correctional facility or granted



probation, or inmates participating in a work furlough program, may



voluntarily participate in a home detention program 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.



   (b) The board of supervisors 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 his or her consent in writing to participate in the home



detention program and shall in writing agree to 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



his or her residence during the hours designated by the correctional



administrator.



   (2) The participant shall admit any person or agent designated by



the correctional administrator into his or her residence at any time



for purposes of verifying the participant's compliance with the



conditions of his or her detention.



   (3) The participant shall agree to the use of electronic



monitoring or supervising devices for the purpose of helping to



verify his or her 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 his or her 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, if the person willfully fails to pay



fees to the provider of electronic home detention services, as



stipulated in the agreement, subsequent to the written notification



of the participant that the payment has not been received and that



return to custody may result, 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) 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 his or her 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 he or she 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) The board of supervisors may prescribe a program



administrative fee to be paid by each home detention participant that



shall be determined according to his or her ability to pay.



Inability to pay all or a portion of the program fees shall not



preclude participation in the program, and eligibility shall not be



enhanced by reason of ability to pay.  All program administration and



supervision fees shall be administered in compliance with Section



1208.2.



   (h) As used in this section, the following words have the



following meanings:



   (1) "Correctional administrator" means the sheriff, probation



officer, or director of the county department of corrections.



   (2) "Minimum security inmate" means an inmate who, by established



local classification criteria, would be eligible for placement in a



Type IV local detention facility, as described in Title 15 of the



California Code of Regulations, or for placement into the community



for work or school activities, or who is determined to be a minimum



security risk under a classification plan developed pursuant to



Section 1050 of Title 15 of the California Code of Regulations.



   (3) "Low-risk offender" means a probationer, as defined by the



National Institute of Corrections model probation system.



   (i) 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 require the county correctional



administrator to provide information concerning those persons.  This



information shall be limited to the name, address, date of birth, and



offense committed by the home detainee.  Any information received by



a police department pursuant to this paragraph shall be used only



for the purpose of monitoring the impact of home detention programs



on the community.



   (j) 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 California Department of Corrections or the



Department of the Youth Authority 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 Board of



Corrections, 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.



   (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.











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.











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.















1203.044.  (a) This section shall apply only to a defendant



convicted of a felony for theft of an amount exceeding fifty thousand



dollars ($50,000) in a single transaction or occurrence.  This



section shall not apply unless the fact that the crime involved the



theft of an amount exceeding fifty thousand dollars ($50,000) in a



single transaction or occurrence is charged in the accusatory



pleading and either admitted by the defendant in open court or found



to be true by the trier of fact.  Aggregate losses from more than one



criminal act shall not be considered in determining if this section



applies.



   (b) Notwithstanding any other law, probation shall not be granted



to a defendant convicted of a crime to which subdivision (a) applies



if the defendant was previously convicted of an offense for which an



enhancement pursuant to Section 12022.6 was found true even if that



enhancement was not imposed by the sentencing court.  The prior



conviction 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) In deciding whether to grant probation to a defendant



convicted of a crime to which subdivision (a) applies, the court



shall consider all relevant information, including the extent to



which the defendant has attempted to pay restitution to the victim



between the date upon which the defendant was convicted and the date



of sentencing.  A defendant claiming inability to pay restitution



before the date of sentencing shall provide a statement of assets,



income, and liabilities, as set forth in subdivision (j) to the



court, the probation department, and the prosecution.



   (d) In addition to the restrictions on probation imposed by



subdivisions (b) and (c), probation shall not be granted to any



person convicted of theft in an amount exceeding one hundred thousand



dollars ($100,000) in a single transaction or occurrence, except in



unusual cases if the interests of justice would best be served if the



person is granted probation.  The fact that the theft was of an



amount exceeding one hundred thousand dollars ($100,000) in a single



transaction or occurrence, 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.  This subdivision shall not



authorize a grant of probation otherwise prohibited under subdivision



(b) or (c).  If probation is granted pursuant to this subdivision,



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.  Aggregate losses from more than one



criminal act shall not be considered in determining whether this



subdivision applies.



   (e) Subject to subdivision (f), if a defendant is convicted of a



crime to which subdivision (a) applies and the court grants



probation, a court shall impose at least a 90-day sentence in a



county jail as a condition of probation.  If the defendant was



convicted of a crime to which subdivision (d) applies, and the court



grants probation, the court shall impose at least a 180-day sentence



in a county jail as a condition of probation.



   (f) The court shall designate a portion of any sentence imposed



pursuant to subdivision (e) as a mandatory in-custody term.  For the



purpose of this section only, "mandatory in-custody term" means that



the defendant shall serve that term, notwithstanding credits pursuant



to Section 4019, in custody in the county jail.  The defendant shall



not be allowed release on any program during that term, including



work furlough, work release, public service program, or electronic



monitoring.  The court shall designate the mandatory in-custody term



as follows:



   (1) If the defendant was convicted of a crime to which subdivision



(a) applies, the mandatory in-custody term shall be no less than 30



days.  If the person serves a mandatory in-custody term of at least



30 days, the court may, in the interests of justice, and for reasons



stated in the record, reduce the mandatory minimum 90-day sentence



required by subdivision (e).



   (2) If the defendant was convicted of a crime to which subdivision



(d) applies, the mandatory in-custody term shall be no less than 60



days.  If the person serves a mandatory in-custody term of at least



60 days, the court may, in the interests of justice, and for reasons



stated in the record, reduce the mandatory minimum 180-day sentence



required by subdivision (e).



   (g) If a defendant is convicted of a crime to which subdivision



(a) applies, and the court grants probation, the court shall require



the defendant as a condition of probation to pay restitution to the



victim and to pay a surcharge to the county in the amount of 20



percent of the restitution ordered by the court, as follows:



   (1) The surcharge is not subject to any assessments otherwise



imposed by Section 1464.  The surcharge shall be paid into the county



treasury and placed in the general fund to be used exclusively for



the investigation and prosecution of white collar crime offenses and



to pay the expenses incurred by the county in administering this



section, including increased costs incurred as a result of offenders



serving mandatory in-custody terms pursuant to this section.



   (2) The court shall also enter an income deduction order as



provided in Section 13967.2 of the Government Code to secure payment



of the surcharge. That order may be enforced to secure payment of the



surcharge as provided by those provisions.



   (3) The county board of supervisors shall not charge the fee



provided for by Section 1203.1, subdivision (l) of Section 1202.4, or



subdivision (d) of Section 13967, as operative on or before



September 28, 1994, of the Government Code for the collection of



restitution or any restitution fine.



   (4) The defendant shall not be required to pay the costs of



probation as otherwise required by subdivision (b) of Section 1203.1.







   (h) Notwithstanding any other law, if a defendant is convicted of



a crime to which subdivision (a) applies and the court grants



probation, as a condition of probation, within 30 court days after



being granted probation, and annually thereafter, the defendant shall



provide the county financial officer with all of the following



documents and records:



   (1) True and correct copies of all income tax and personal



property tax returns for the previous tax year, including W-2 forms



filed on the defendant's behalf with any state tax agency.  If the



defendant is unable to supply a copy of a state tax return, the



defendant shall provide a true and correct copy of all income tax



returns for the previous tax year filed on his or her behalf with the



federal government.  The defendant is not required to provide any



particular document if to do so would violate federal law or the law



of the state in which the document was filed.  However, this section



shall supersede all other laws in this state concerning the right to



privacy with respect to tax returns filed with this state.  If,



during the term of probation, the defendant intentionally fails to



provide the county financial officer with any document that he or she



knows is required to be provided under this subdivision, that



failure shall constitute a violation of probation.



   (2) A statement of income, assets, and liabilities as defined in



subdivision (j).



   (i) The submission by the defendant of any tax document pursuant



to paragraph (1) of subdivision (h) that the defendant knows does not



accurately state the defendant's income, or if required, the



defendant's personal property, if the inaccuracy is material,



constitutes a violation of probation.



   (j) A statement of income, assets, and liabilities form, that is



consistent with the disclosure requirements of this section, may be



established by the financial officer of each county.  That statement



shall require the defendant to furnish relevant financial information



identifying the defendant's income, assets, possessions, or



liabilities, actual or contingent.  The statement may include the



following:



   (1) All real property in which the defendant has any interest.



   (2) Any item of personal property worth more than three thousand



dollars ($3,000) in which the defendant has any interest, including,



but not limited to, vehicles, airplanes, boats, computers, and



consumer electronics.  Any collection of jewelry, coins, silver,



china, artwork, antiques, or other collectibles in which the



defendant has any interest, if that collection is worth more than



three thousand dollars ($3,000).



   (3) All domestic and foreign assets in the defendant's name, or in



the name of the defendant's spouse or minor children, of a value



over three thousand dollars ($3,000) and in whatever form, including,



but not limited to, bank accounts, securities, stock options, bonds,



mutual funds, money market funds, certificates of deposits,



annuities, commodities, precious metals, deferred compensation



accounts, individual retirement accounts, and related or analogous



accounts.



   (4) All insurance policies in which the defendant or the defendant'



s spouse or minor children retain a cash value.



   (5) All pension funds in which the defendant has a vested right.



   (6) All insurance policies of which the defendant is a



beneficiary.



   (7) All contracts, agreements, judgments, awards, or prizes



granting the defendant the right to receive money or real or personal



property in the future, including alimony and child support.



   (8) All trusts of which the defendant is a beneficiary.



   (9) All unrevoked wills of a decedent if the defendant or



defendant's spouse or minor child is a beneficiary.



   (10) All lawsuits currently maintained by the defendant or by or



against a corporation in which the defendant owns more than a 25



percent interest if the suit includes a prayer for damages.



   (11) All corporations of which the defendant is an officer.  If



the defendant is an officer in a corporation sole, subchapter S



corporation, or closely held corporation, and controls more equity of



that corporation than any other individual, the county financial



officer shall have authority to request other records of the



corporation.



   (12) All debts in excess of three thousand dollars ($3,000) owed



by the defendant to any person or entity.



   (13) Copies of all applications for loans made by the defendant



during the last year.



   (14) All encumbrances on any real and personal property in which



the defendant has any interest.



   (15) All sales, transfers, assignments, quitclaims, conveyances,



or encumbrances of any interest in real or personal property of a



value exceeding three thousand dollars ($3,000) made by the defendant



during the period beginning one year before charges were filed to



the present, including the identity of the recipient of same, and



relationship, if any, to the defendant.



   (k) The information contained in the statement of income, assets,



and liabilities shall not be available to the public.  Information



received pursuant to this subdivision shall not be disclosed to any



member of the public.  Any disclosure in violation of this section



shall be a contempt of court punishable by a fine not exceeding one



thousand dollars ($1,000), and shall also create a civil cause of



action for damages.



   (l) After providing the statement of income, assets, and



liabilities, the defendant shall provide the county financial officer



with copies of any documents representing or reflecting the



financial information set forth in subdivision (j) as requested by



that officer.



   (m) The defendant shall sign the statement of income, assets, and



liabilities under penalty of perjury.  The provision of information



known to be false, or the intentional failure to provide material



information knowing that it was required to have been provided, shall



constitute a violation of probation.



   (n) The Franchise Tax Board and the Employment Development



Department shall release copies of income tax returns filed by the



defendant and other information concerning the defendant's current



income and place of employment to the county financial officer upon



request.  That information shall be kept confidential and shall not



be made available to any member of the public.  Any unauthorized



release shall be subject to subdivision (k).  The county shall



reimburse the reasonable administrative expenses incurred by those



agencies in providing this information.



   (o) During the term of probation, the defendant shall notify the



county financial officer in writing within 30 days, after receipt



from any source of any money or real or personal property that has a



value of over five thousand dollars ($5,000), apart from the salary



from the defendant's and the defendant's spouse's regular employment.



  The defendant shall report the source and value of the money or



real or personal property received.  This information shall not be



made available to the public or the victim.  Any unauthorized release



shall be subject to subdivision (k).



   (p) The term of probation in all cases shall be 10 years.



However, after the defendant has served five years of probation, the



defendant shall be released from all terms and conditions of



probation except those terms and conditions included within this



section.  A court may not revoke or otherwise terminate probation



within 10 years unless and until the defendant has satisfied both the



restitution judgment and the surcharge, or the defendant is



imprisoned for a violation of probation.  Upon satisfying the



restitution judgment, the defendant is entitled to a court order



vacating that judgment and removing it from the public record.



Amounts owing on the surcharge are forgiven upon completion of the



term of probation.



   (q) The county financial officer shall establish a suggested



payment schedule each year to ensure that the defendant remits



amounts to make restitution to the victim and pay the surcharge.  The



county financial officer shall evaluate the defendant's current



earnings, future earning capacity, assets (including assets that are



in trust or in accounts where penalties may be incurred upon



premature withdrawal of funds), and liabilities, and set payments to



the county based upon the defendant's ability to pay.  The defendant



shall bear the burden of demonstrating the lack of his or her ability



to pay.  If the defendant objects to the suggested payment schedule,



the court shall set the schedule.  Express findings by the court as



to the factors bearing on the payment schedule shall not be required.



  After the payment schedule is set, a defendant may request a change



in the schedule upon a change of circumstances.  The restitution



schedule shall set a reasonable payment amount and shall not set



payments in an amount that is likely to cause severe financial



hardship to the defendant or his or her family.



   (r) The willful failure to pay the amounts required by the payment



schedule or to comply with the requirements of the county financial



officer or the probation department pursuant to this section, if the



defendant is able to pay or comply, is a violation of probation.



   (s) In determining the defendant's ability to pay, the court shall



consider whether the annual payment required, including any money or



property seized to satisfy the restitution judgment, exceeds 15



percent of the defendant's taxable income for the previous year as



identified on the defendant's tax return for the defendant's state of



residence or on the defendant's federal tax return.  If the



defendant has filed a joint return, the defendant's income for



purposes of this section shall be presumed to be the total of all



wages earned by the defendant, plus one-half of all other nonsalary



income listed on the tax return and accompanying schedules, unless



the defendant demonstrates otherwise.  The court shall also consider



the defendant's current income and 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 payment schedule shall not be required.



   (t) The defendant shall personally appear at any hearing held



pursuant to any provision of this section unless the defendant is



incarcerated or otherwise excused by the court, in which case the



defendant may appear through counsel.



   (u) Notwithstanding subdivision (d) of Section 1203.1, the county



financial officer shall distribute proceeds collected by the county



pursuant to this section as follows:



   (1) If the restitution judgment has been satisfied, but the



surcharge remains outstanding, all amounts paid by the defendant



shall be kept by the county and applied to the surcharge.



   (2) If the surcharge has been satisfied, but the restitution



judgment has not been satisfied, all amounts submitted to the county



shall be remitted to the victim.



   (3) If neither judgment has been satisfied, the county shall remit



70 percent of the amounts collected to the victim.  Those amounts



shall be credited to the restitution judgment.  The remaining 30



percent shall be retained by the county and credited toward the



surcharge.



   (v) Neither this section, nor the amendments to Section 12022.6 of



the Penal Code enacted pursuant to Chapter 104 of the Statutes of



1992, are intended to lessen or otherwise mitigate sentences that



could otherwise be imposed under any law in effect when the offense



was committed.



   (w) For the purpose of this section, a county may designate an



appropriate employee of the county probation department, the



department revenue, or any other analogous county department to act



as the county financial officer pursuant to this section.



   (x) This section shall remain in effect only until January 1,



2008, and as of that date is repealed unless a later enacted statute,



which is enacted before January 1, 2008, deletes or extends that



date.



   (y) This act shall be known as the Economic Crime Act of 1992.



















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.











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.















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.











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.















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.















1203.055.  (a) 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.



   As used in this subdivision, "public transit vehicle" means any



motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail



system, rapid transit system, subway, train, taxi cab, or jitney,



which 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, 262, 264, or 264.1.



   (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 any person other than an accomplice.  As used in this



paragraph, "great bodily injury" means "great bodily injury" 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, any 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 which 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 provision of 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 any



person convicted of committing a crime which took place on a public



transit vehicle, except in any case in which 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 in any case



in which 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.  Nothing in this subdivision



shall be construed to limit the authority of a court to provide



additional conditions of probation.



   (f) In any case in which a person is convicted of committing a



crime which 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.















1203.06.  Notwithstanding Section 1203:



   (a) Probation shall not be granted to, nor shall the execution or



imposition of sentence be suspended for, any of the following



persons:



   (1) Any 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.



   (D) Kidnapping in violation of Section 209.



   (E) Burglary of the first degree, as defined in Section 460.



   (F) Except as provided in Section 1203.065, rape in violation of



paragraph (2) of subdivision (a) of Section 261.



   (G) Assault with intent to commit rape or sodomy, in violation of



Section 220.



   (H) Escape, in violation of Section 4530 or 4532.



   (I) Carjacking, in violation of Section 215.



   (J) Any person convicted of aggravated mayhem in violation of



Section 205.



   (K) Torture, in violation of Section 206.



   (L) Kidnapping, in violation of Section 209.5.



   (M) A felony violation of Section 136.1 or 137.



   (2) Any person previously convicted of a felony specified in



subparagraphs (A) to (L), inclusive, of 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 his or her arrest



for the subsequent felony.



   (3) Aggravated arson, in violation of Section 451.5.



   (b) (1) The existence of any fact which 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 jury trying the issue of guilt, 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) This subdivision does not prohibit the adjournment of criminal



proceedings pursuant to Division 6 (commencing with Section 6000) of



the Welfare and Institutions Code.



   (3) As used in subdivision (a), "used a firearm" means to display



a firearm in a menacing manner, to intentionally fire it, or to



intentionally strike or hit a human being with it.



   (4) As used in subdivision (a), "armed with a firearm" means to



knowingly carry a firearm as a means of offense or defense.















1203.065.  (a) Notwithstanding any other law, probation shall not be



granted to, nor shall the execution or imposition of sentence be



suspended for, any person who is convicted of violating paragraph (2)



of subdivision (a) of Section 261, Section 264.1, 266h, 266i, or



266j, subdivision (a) of Section 289, of committing sodomy or oral



copulation in violation of Section 286 or 288a by force, violence,



duress, menace, or fear of immediate and unlawful bodily injury on



the victim or another person, or of violating subdivision (c) of



Section 311.4.



   (b) 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 a violation of



paragraph (7) of subdivision (a) of Section 261, subdivision (k) of



Section 286, subdivision (k) of Section 288a, or Section 220 for



assault with intent to commit any of the following:  rape, sodomy,



oral copulation, or any violation of Section 264.1, subdivision (b)



of Section 288, or Section 289.



   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 the disposition.















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, 262, 264.1, 266, 266c, 267, 285, 286, 288, 288.5, 288a,



or 289, 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) Paragraphs (7), (8), and (9) of subdivision (a) shall not



apply when the court makes all of the following findings:



   (1) The defendant is the victim's natural parent, adoptive parent,



stepparent, relative, or is a member of the victim's household who



has lived in the victim's household.



   (2) A grant of probation to the defendant is in the best interest



of the child.



   (3) Rehabilitation of the defendant is feasible, 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.



   (4) 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 returning the defendant to the household of the



victim.  While removed from the household, the court shall prohibit



contact by the defendant with the victim, except the court may permit



the 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.  As used in this paragraph, "contact with the victim"



includes all physical contact, being in the presence of the victim,



communication by any means, any communication by a third party acting



on behalf of the defendant, and any gifts.



   (5) There is no threat of physical harm to the child victim if



probation is granted.  The court upon making its findings pursuant to



this subdivision is not precluded from sentencing the defendant to



jail or prison, but retains the discretion not to do so.  The court



shall state its reasons on the record for whatever sentence it



imposes on the defendant.



   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 paragraphs (2), (3), and (4) in making his or



her report to the court.



   (d) 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 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.



   (e) As used in this section and in Section 1000.12, the following



terms apply:



   (1) "Recognized treatment program" means a program with



substantial expertise in the treatment of children who are victims of



sexual abuse, their families, and offenders, that demonstrates to



the court all of the following:



   (A) An integrated program of treatment and assistance to victims



and their families.



   (B) A treatment regimen designed to specifically address the



offense.



   (C) The ability to serve indigent clients.



   (2) "Integrated program of treatment and assistance to victims and



their families" means that the program provides all of the



following:



   (A) A full range of services necessary to the recovery of the



victim and any nonoffending members of the victim's family, including



individual, group, and family counseling as necessary.



   (B) Interaction with the courts, social services, probation, the



district attorney, and other government agencies to ensure



appropriate help to the victim's family.



   (C) Appropriate supervision and treatment, as required by law, for



the offender.



   (f) For purposes of this section and Section 1000.12, a program



that provides treatment only to offenders and does not provide an



integrated program of treatment and assistance to victims and their



families is not a recognized treatment program.















1203.067.  (a) Notwithstanding any other law, before probation may



be granted to any person convicted of a felony specified in Section



261, 262, 264.1, 286, 288, 288a, or 289, 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 his or her report to the court.  Nothing in this section shall



be construed to require the court to order an examination of the



victim.



   (b) If a defendant is granted probation pursuant to subdivision



(a), the court shall order the defendant to be placed in an



appropriate treatment program designed to deal with child molestation



or sexual offenders, if an appropriate program is available in the



county.



   (c) Any defendant ordered to be placed in a treatment program



pursuant to subdivision (b) shall be responsible for paying the



expense of his or her participation in the treatment program as



determined by the court.  The court shall take into consideration the



ability of the defendant to pay, and no defendant shall be denied



probation because of his or her inability to pay.















1203.07.  (a) Notwithstanding Section 1203, probation shall not be



granted to, nor shall the execution or imposition of sentence be



suspended for, any of the following persons:



   (1) Any person who is convicted of violating Section 11351 of the



Health and Safety Code by possessing for sale 14.25 grams or more of



a substance containing  heroin.



   (2) Any person who is convicted of violating Section 11352 of the



Health and Safety Code by selling or offering to sell 14.25 grams or



more of a substance containing heroin.



   (3) Any person convicted of violating Section 11351 of the Health



and Safety Code by possessing heroin for sale or convicted of



violating Section 11352 of the Health and Safety Code by selling or



offering to sell heroin, and who has one or more prior convictions



for violating Section 11351 or Section 11352 of the Health and Safety



Code.



   (4) Any person who is convicted of violating Section 11378.5 of



the Health and Safety Code by possessing for sale 14.25 grams or more



of any salt or solution of phencyclidine or any of its analogs as



specified in paragraph (21), (22), or  (23) of subdivision (d) of



Section 11054 or in paragraph (3) of subdivision (e) of Section 11055



of the Health and Safety Code, or any of the precursors of



phencyclidine as specified in paragraph (2) of subdivision (f) of



Section 11055 of the Health and Safety Code.



   (5) Any person who is convicted of violating Section 11379.5 of



the Health and Safety Code by transporting for sale, importing for



sale, or administering, or offering to transport for sale, import for



sale, or administer, or by attempting to import for sale or



transport for sale, phencyclidine or any of its analogs or



precursors.



   (6) Any person who is convicted of violating Section 11379.5 of



the Health and Safety Code by selling or offering to sell



phencyclidine or any of its analogs or precursors.



   (7) Any person who is convicted of violating Section 11379.6 of



the Health and Safety Code by manufacturing or offering to perform an



act involving the manufacture of phencyclidine or any of its analogs



or precursors.



   As used in this section "manufacture" refers to the act of any



person who manufactures, compounds, converts, produces, derives,



processes, or prepares, either directly or indirectly by chemical



extraction or independently by means of chemical synthesis.



   (8) Any 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 any 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).



   (9) Any person who is convicted of violating Section 11380.5 of



the Health and Safety Code by the use of 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.



   (10) Any person who is convicted of violating subdivision (b) of



Section 11383 of the Health and Safety Code by possessing piperidine,



pyrrolidine, or morpholine, and cyclohexanone, with intent to



manufacture phencyclidine or any of its analogs.



   (11) Any person convicted of violating Section 11351, 11351.5, or



11378 of the Health and Safety Code by possessing for sale cocaine



base, cocaine, or methamphetamine, or convicted of violating Section



11352 or 11379 of the Health and Safety Code, by selling or offering



to sell cocaine base, cocaine, or methamphetamine and who has one or



more convictions for violating Section 11351, 11351.5, 11352, 11378,



11378.5, 11379, or 11379.5 of the Health and Safety Code.  For



purposes of prior convictions under Sections 11352, 11379, and



11379.5 of the Health and Safety Code, this subdivision shall not



apply to the transportation, offering to transport, or attempting to



transport a controlled substance.



   (b) The existence of any fact which 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.















1203.073.  (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 of the following persons:



   (1) Any person who is convicted of violating Section 11351 of the



Health and Safety Code by possessing for sale, or Section 11352 of



the Health and Safety Code by selling, a substance containing 28.5



grams or more of cocaine as specified in paragraph (6) of subdivision



(b) of Section 11055 of the Health and Safety Code, or 57 grams or



more of a substance containing cocaine as specified in paragraph (6)



of subdivision (b) of  Section 11055 of the Health and Safety Code.



   (2) Any person who is convicted of violating Section 11378 of the



Health and Safety Code by possessing for sale, or Section 11379 of



the Health and Safety Code by selling a substance containing 28.5



grams or more of methamphetamine or 57 grams or more of a substance



containing methamphetamine.



   (3) Any person who is convicted of violating subdivision (a) of



Section 11379.6 of the Health and Safety Code, except those who



manufacture phencyclidine, or who is convicted of an act which is



punishable under subdivision (b) of Section  11379.6 of the Health



and Safety Code, except those who offer to perform an act which aids



in the manufacture of phencyclidine.



   (4) Except as otherwise provided in Section 1203.07, any person



who is convicted of violating Section 11353 or 11380 of the Health



and Safety Code by using, soliciting, inducing, encouraging, or



intimidating a minor to manufacture, compound, or sell heroin,



cocaine base as specified in paragraph (1) of subdivision (f) of



Section 11054 of the Health and Safety Code, cocaine as specified in



paragraph (6) of subdivision (b) of Section 11055 of the Health and



Safety Code, or methamphetamine.



   (5) Any person who is convicted of violating Section 11351.5 of



the Health and Safety Code by possessing for sale a substance



containing 14.25 grams or more of cocaine base as specified in



paragraph (1) of subdivision (f) of Section 11054 of the Health and



Safety Code or 57 grams or more of a substance containing at least



five grams of cocaine base as specified in paragraph (1) of



subdivision (f) of Section 11054 of the Health and Safety Code.



   (6) Any person who is convicted of violating Section 11352 of the



Health and Safety Code by transporting for sale, importing for sale,



or administering, or by offering to transport for sale, import for



sale, or administer, or by attempting to import for sale or transport



for sale, cocaine base as specified in paragraph (1) of subdivision



(f) of Section 11054 of the Health and Safety Code.



   (7) Any person who is convicted of violating Section 11352 of the



Health and Safety Code by selling or offering to sell cocaine base as



specified in paragraph (1) of subdivision (f) of Section 11054 of



the Health and Safety Code.



   (8) Any person convicted of violating Section 11379.6, 11382, or



11383 of the Health and Safety Code with respect to methamphetamine,



if he or she has one or more prior convictions for a violation of



Section 11378, 11379, 11379.6, 11380, 11382, or 11383 with respect to



methamphetamine.



   (c) As used in this section, the term "manufacture" refers to the



act of any person who manufactures, compounds, converts, produces,



derives, processes, or prepares, either directly or indirectly by



chemical extraction or independently by means of chemical synthesis.







   (d) The existence of any previous conviction or fact which would



make a person ineligible for probation under this section 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 a plea



of guilty or nolo contendere or by trial by the court siting without



a jury.











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.











1203.075.  Notwithstanding the provisions of Section 1203:



   (a) 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, with the intent to inflict the injury,



personally inflicts great bodily injury 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.



   (4) Kidnapping, in violation of Section 209.



   (5) Burglary of the first degree, as defined in Section 460.



   (6) Rape, in violation of paragraph (2) or (6) of subdivision (a)



of Section 261 or paragraph (1) or (4) of subdivision (a) of Section



262.



   (7) Assault with intent to commit rape or sodomy, in violation of



Section 220.



   (8) Escape, in violation of Section 4530 or 4532.



   (9) A violation of subdivision (a) of Section 289.



   (10) Sodomy, in violation of Section 286.



   (11) Oral copulation, in violation of Section 288a.



   (12) Carjacking, in violation of Section  215.



   (13) Kidnapping, in violation of Section 209.5.



   (b) (1) The existence of any fact which 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 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.



   (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.



   (3) As used in subdivision (a), "great bodily injury" means "great



bodily injury" as defined in Section 12022.7.















1203.076.  Any  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



shall, as a condition thereof, be confined in the county jail for at



least 180 days.  The imposition of the minimum 180-day sentence shall



be imposed in every case where probation has been granted, except



that the court may, in an unusual case where the interests of justice



would best be served, absolve a person from spending the 180-day



sentence in the county jail 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.



















1203.08.  (a) Notwithstanding any other law, probation shall not be



granted to, nor shall the execution or imposition of sentence be



suspended for, any 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 which 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 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.











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.



















1203.09.  (a) Notwithstanding any other law, probation shall not  be



granted to, nor shall the execution or imposition of sentence be



suspended for, any 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 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 which 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" means "great



bodily injury" 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, any 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 which



results in physical injury which requires professional medical



treatment, carjacking, robbery, or mayhem.















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.











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.











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.



   (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) The defendant shall pay a minimum of a two-hundred-dollar



($200) payment to be disbursed as specified in this paragraph.  If,



after a hearing in court on the record, the court finds that the



defendant does not have the ability to pay, the court may reduce or



waive this fee.



   Out of moneys deposited with the county treasurer pursuant to this



section, one-third 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.  The remainder



shall be transferred, once a month, to the Controller for deposit in



the Domestic Violence Fund, which is hereby created, in an amount



equal to two-thirds of funds collected during the preceding month.



Moneys deposited in the Domestic Violence Fund pursuant to this



section shall be available upon appropriation by the Legislature, and



shall be distributed as follows:



   (A) One-half shall be distributed to the counties, based on 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 data bank system.



   (B) One-half shall support the development of 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 Health Services, in consultation with the



statewide domestic violence coalition, which is eligible to receive



funding under this section.



   (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 classtime duration.



   (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 exist:



   (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 his or her 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 battered women's



shelter, 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 battered women'



s shelter, 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 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.  In no event shall any



order to make payments to a battered women's shelter be made if it



would impair the ability of the defendant to pay direct restitution



to the victim or court-ordered child support.  Where the injury to a



married person is caused in whole or in part by the criminal acts of



his or her 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 refuse to



enroll the defendant if it is determined 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 that 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 paragraph



(4) 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 programs that



have been approved by the probation department pursuant to paragraph



(5).  The probation department shall do all 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 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 cost 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 any 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, any



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 reflects the



defendant's progress during the defendant's participation in the



batterer's program.











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 the maximum possible term of the sentence, except as



hereinafter set forth, 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.



   However, where the maximum possible term of the sentence is five



years or less, then the period of suspension of imposition or



execution of sentence may, in the discretion of the court, continue



for not over five years.  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.



   (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 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 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 by the



department, 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 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 his or her dependents or to pay any fine imposed or



reparation condition, to keep an account of his or her 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 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 his or her 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 his or her 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



(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).



   (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 Section 12101 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 his or her 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) Upon conviction of any offense involving child abuse or



neglect, the court may require, in addition to any or all of the



above-mentioned terms of imprisonment, fine, and other reasonable



conditions, that the defendant shall 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.



   (j) The court may impose and require any or all of the



above-mentioned terms of imprisonment, fine, and conditions, 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) If the court orders restitution to be made to the victim, the



board of supervisors may add a fee to cover the actual administrative



cost of collecting restitution but not to exceed 10 percent of the



total amount ordered to be paid.  The fees shall be paid into the



general fund of the county treasury for the use and benefit of the



county.











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.















1203.1ab.  Upon conviction of any offense involving the unlawful



possession, use, sale, or other furnishing of any controlled



substance, as defined in Chapter 2 (commencing with Section 11053) of



Division 10 of the Health and Safety Code, in addition to any or all



of the terms of imprisonment, fine, and other reasonable conditions



specified in or permitted by Section 1203.1, unless it makes a



finding that this condition would not serve the interests of justice,



the court, when recommended by the probation officer, shall require



as a condition of probation that the defendant shall not use or be



under the influence of any controlled substance and shall submit to



drug and substance abuse testing as directed by the probation



officer.  If the defendant is required to submit to testing and has



the financial ability to pay all or part of the costs associated with



that testing, the court shall order the defendant to pay a



reasonable fee, which shall not exceed the actual cost of the



testing.















1203.1b.  (a) In any case in which a defendant is convicted of an



offense and is the subject of any preplea or presentence



investigation and report, whether or not probation supervision is



ordered by the court, and in any case in which a defendant is granted



probation or given a conditional sentence, the probation officer, or



his or her authorized representative, taking into account any amount



that the defendant is ordered to pay in fines, assessments, and



restitution, shall make a determination of the ability of the



defendant to pay all or a portion of the reasonable cost of any



probation supervision or a conditional sentence, of conducting any



preplea investigation and preparing any preplea report pursuant to



Section 131.3 of the Code of Civil Procedure, of conducting any



presentence investigation and preparing any presentence report made



pursuant to Section 1203, and of processing a jurisdictional transfer



pursuant to Section 1203.9 or of processing a request for interstate



compact supervision pursuant to Sections 11175 to 11179, inclusive,



whichever applies.  The reasonable cost of these services and of



probation supervision or a conditional sentence shall not exceed the



amount determined to be the actual average cost thereof.  A payment



schedule for the reimbursement of the costs of preplea or presentence



investigations based on income shall be developed by the probation



department of each county and approved by the presiding judges of the



municipal and superior courts.  The court shall order the defendant



to appear before the probation officer, or his or her authorized



representative, to make an inquiry into the ability of the defendant



to pay all or a portion of these costs.  The probation officer, or



his or her authorized representative, shall determine the amount of



payment and the manner in which the payments shall be made to the



county, based upon the defendant's ability to pay.  The probation



officer shall inform the defendant that the defendant is entitled to



a hearing, that includes the right to counsel, in which the court



shall make a determination of the defendant's ability to pay and the



payment amount.  The defendant must waive the right to a



determination by the court of his or her ability to pay and the



payment amount by a knowing and intelligent waiver.



   (b) When the defendant  fails to waive the right provided in



subdivision (a) to a determination by the court of his or her ability



to pay and the payment amount, the probation officer shall refer the



matter to the court for the scheduling of a hearing to determine the



amount of payment and the manner in which the payments shall be



made.  The court shall order the defendant to pay the reasonable



costs if it determines that the defendant has the ability to pay



those costs based on the report of the probation officer, or his or



her authorized representative.  The following shall apply to a



hearing conducted pursuant to this subdivision:



   (1) 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 or the probation officer, or his or her authorized



representative.



   (2) At the hearing, if the court determines that the defendant has



the ability to pay all or part of the costs, 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.



   (3) At the hearing, 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.



   (4) When the court determines that the defendant's ability to pay



is different from the determination of the probation officer, the



court shall state on the record the reason for its order.



   (c) The court may hold additional hearings during the probationary



or conditional sentence period to review the defendant's financial



ability to pay the amount, and in the manner, as set by the probation



officer, or his or her authorized representative, or as set by the



court pursuant to this section.



   (d) If practicable, the court shall order or the probation officer



shall set payments pursuant to subdivisions (a) and (b) to be made



on a monthly basis.  Execution may be issued on the order issued



pursuant to this section in the same manner as a judgment in a civil



action.  The order to pay all or part of the costs shall not be



enforced by contempt.



   (e) The term "ability to pay" means the overall capability of the



defendant to reimburse the costs, or a portion of the costs, of



conducting the presentence investigation, preparing the preplea or



presentence report, processing a jurisdictional transfer pursuant to



Section 1203.9, processing requests for interstate compact



supervision pursuant to Sections 11175 to 11179, inclusive, and



probation supervision or conditional sentence, and shall include, but



shall not be limited to, the defendant's:



   (1) Present financial position.



   (2) Reasonably discernible future financial position.  In no event



shall the court consider a period of more than one year from the



date of the hearing for purposes of determining reasonably



discernible future financial position.



   (3) Likelihood that the defendant shall be able to obtain



employment within the one-year period from the date of the hearing.



   (4) Any other factor or factors that may bear upon the defendant's



financial capability to reimburse the county for the costs.



   (f) At any time during the pendency of the judgment rendered



according to the terms of this section, a defendant against whom a



judgment has been rendered may petition the probation officer for a



review of the defendant's financial ability to pay or 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 probation officer and the court shall advise the



defendant of this right at the time of rendering of the terms of



probation or the judgment.



   (g) All sums paid by a defendant pursuant to this section shall be



allocated for the operating expenses of the county probation



department.



   (h) The board of supervisors in any county, by resolution, may



establish a fee for the processing of payments made in installments



to the probation department pursuant to this section, not to exceed



the administrative and clerical costs of the collection of those



installment payments as determined by the board of supervisors,



except that the fee shall not exceed  fifty dollars ($50).



   (i) This section shall be operative in a county upon the adoption



of an ordinance to that effect by the board of supervisors.















1203.1bb.  (a) The reasonable cost of probation determined under



subdivision (a) of Section 1203.1b shall include the cost of



purchasing and installing an ignition interlock device pursuant to



Section 23235 of the Vehicle Code.  Any defendant subject to this



section shall pay the manufacturer of the ignition interlock device



directly for the cost of its purchase and installation, in accordance



with the payment schedule ordered by the court.  If practicable, the



court shall order payment to be made to the manufacturer of the



ignition interlock device within a six-month period.



   This subdivision does not require any county to pay the costs of



purchasing and installing any ignition interlock devices ordered



pursuant to Section 23235 of the Vehicle Code.  The Office of Traffic



Safety shall consult with the presiding judge or his or her designee



in each county to determine an appropriate means, if any, to provide



for installation of ignition interlock devices in cases in which the



defendant has no ability to pay.











1203.1c.  (a) In any case in which a defendant is convicted of an



offense and is ordered to serve a period of confinement in a county



jail, city jail, or other local detention facility as a term of



probation or a conditional sentence, the court may, after a hearing,



make a determination of the ability of the defendant to pay all or a



portion of the reasonable costs of such incarceration, including



incarceration pending disposition of the case. The reasonable cost of



such incarceration shall not exceed the amount determined by the



board of supervisors, with respect to the county jail, and by the



city council, with respect to the city jail,  to be the actual



average cost thereof on a per-day basis.  The court may, in its



discretion, hold additional hearings during the probationary period.



The court may, in its discretion before such hearing, order the



defendant to file a statement setting forth his or her assets,



liability and income, under penalty of perjury, and may order the



defendant to appear before a county officer designated by the board



of supervisors to make an inquiry into the ability of the defendant



to pay all or a portion of such costs.  At the hearing, the defendant



shall be entitled to have the opportunity to be heard in person or



to be represented by counsel, to present witnesses and other



evidence, and to confront and cross-examine adverse witnesses.  A



defendant represented by counsel appointed by the court in the



criminal proceedings shall be entitled to such representation at any



hearing held pursuant to this section.  If the court determines that



the defendant has the ability to pay all or a part of the costs, the



court may set the amount to be reimbursed and order the defendant to



pay that sum to the county, or to the city with respect to



incarceration in the city jail, in the manner in which the court



believes reasonable and compatible with the defendant's financial



ability.  Execution may be issued on the order in the same manner as



on a judgment in a civil action.  The order to pay all or part of the



costs shall not be enforced by contempt.



   If practicable, the court shall order payments to be made on a



monthly basis and the payments shall be made payable to the county



officer designated by the board of supervisors, or to a city officer



designated by the city council with respect to incarceration in the



city jail.



   A payment schedule for reimbursement of the costs of incarceration



pursuant to this section based upon income shall be developed by the



county officer designated by the board of supervisors, or by the



city council with respect to incarceration in the city jail, and



approved by the presiding judges of the municipal and superior



courts.



   (b) "Ability to pay" means the overall capability of the defendant



to reimburse the costs, or a portion of the costs, of incarceration



and includes, but is not limited to, the defendant's:



   (1) Present financial obligations, including family support



obligations, and fines, penalties and other obligations to the court.







   (2) Reasonably discernible future financial position.  In no event



shall the court consider a period of more than one year from the



date of the hearing for purposes of determining reasonable



discernible future position.



   (3) Likelihood that the defendant shall be able to obtain



employment within the one year period from the date of the hearing.



   (4) Any other factor or factors which may bear upon the defendant'



s financial ability to reimburse the county or city for the costs.



   (c) All sums paid by a defendant pursuant to this section shall be



deposited in the general fund of the county or city.



   (d) This section shall be operative in a county upon the adoption



of an ordinance to that effect by the board of supervisors, and shall



be operative in a city upon the adoption of an ordinance to that



effect by the city council.  Such ordinance shall include a



designation of the officer responsible for collection of moneys



ordered pursuant to this section and shall include a determination,



to be reviewed annually, of the average per-day costs of



incarceration in the county jail, city jail, or other local detention



facility.











1203.1d.  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 money as



reimbursement for legal assistance provided by the court, to pay any



cost of probation or probation investigation, or 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 then 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.



   With respect to installment payments and amounts collected by the



Franchise Tax Board pursuant to Section 19280 of the Revenue and



Taxation Code, the board of supervisors may establish the priorities



of payment, first between fines, penalty assessments, and reparation



or restitution, and then between other reimbursable costs.  The board



of supervisors may also establish priorities of payment between



orders or parts of orders in cases where defendants have been ordered



to pay more than one court order.



   Documentary evidence, 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.















1203.1e.  (a) In any case in which a defendant is ordered to serve a



period of confinement in a county jail or other local detention



facility, and the defendant is eligible to be released on parole by



the county board of parole commissioners, the court shall, after a



hearing, make a determination of the ability of the person to pay all



or a portion of the reasonable cost of providing parole supervision.



  The reasonable cost of those services shall not exceed the amount



determined to be the actual average cost of providing parole



supervision.



   (b) If the court determines that the person has the ability to pay



all or part of the costs, the court may set the amount to be



reimbursed and order the person to pay that sum to the county in the



manner in which the court believes reasonable and compatible with the



person's financial ability.  In making a determination of whether a



person has the ability to pay, the court shall take into account the



amount of any fine imposed upon the person and any amount the person



has been ordered to pay in restitution.



   If practicable, the court shall order payments to be made on a



monthly basis as directed by the court.  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 of the costs shall not be enforced by



contempt.



   (c) For the purposes of this section, "ability to pay" means the



overall capability of the person to reimburse the costs, or a portion



of the costs, of providing parole supervision and shall include, but



shall not be limited to, consideration of all of the following



factors:



   (1) Present financial position.



   (2) Reasonably discernible future financial position.  In no event



shall the board consider a period of more than six months from the



date of the hearing for purposes of determining reasonably



discernible future financial position.



   (3) Likelihood that the person shall be able to obtain employment



within the six-month period from the date of the hearing.



   (4) Any other factor or factors which may bear upon the person's



financial capability to reimburse the county for the costs.



   (d) At any time during the pendency of the order made under this



section, a person against whom an order has been made may petition



the court to modify or vacate its previous order on the grounds of a



change of circumstances with regard to the person's ability to pay.



The court shall advise the person of this right at the time of making



the order.



   (e) All sums paid by any person pursuant to this section shall be



deposited in the general fund of the county.



   (f) The parole of any person shall not be denied or revoked in



whole or in part based upon the inability or failure to pay under



this section.



   (g) The county board of parole commissioners shall not have access



to offender financial data prior to the rendering of any parole



decision.



   (h) This section shall become operative on January 1, 1995.















1203.1f.  If practicable, the court shall consolidate the ability to



pay determination hearings authorized pursuant to Sections 987.8,



1203.1b, 1203.1c, 1203.1e, and 1203.1m into one proceeding, and the



determination of ability to pay made at the consolidated hearing may



be used for all purposes relating to these listed sections.



   This section shall become operative on January 1, 1995.















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.















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 which a court is authorized to



require a defendant to pay, upon conviction of any offense involving



sexual assault or attempted sexual assault, including child



molestation, 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.















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.











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.















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 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.  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.  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.















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.















1203.1m.  (a) If a defendant is convicted of an offense and ordered



to serve a period of imprisonment in the state prison, the court may,



after a hearing, make a determination of the ability of the



defendant to pay all or a portion of the reasonable costs of the



imprisonment.  The reasonable costs of imprisonment shall not exceed



the amount determined by the Director of Corrections to be the actual



average cost of imprisonment in the state prison on a per-day basis.







   (b) The court may, in its discretion before any hearing, order the



defendant to file a statement setting forth his or her assets,



liability, and income, under penalty of perjury.  At the hearing, the



defendant shall have the opportunity to be heard in person or



through counsel, to present witnesses and other evidence, and to



confront and cross-examine adverse witnesses.  A defendant who is



represented by counsel appointed by the court in the criminal



proceedings shall be entitled to representation at any hearing held



pursuant to this section.  If the court determines that the defendant



has the ability to pay all or a part of the costs, the court shall



set the amount to be reimbursed and order the defendant to pay that



sum to the Department of Corrections for deposit in the General Fund



in the manner in which the court believes reasonable and compatible



with the defendant's financial ability.  Execution may be issued on



the order in the same manner as on a judgment in a civil action.  The



order to pay all or part of the costs shall not be enforced by



contempt.



   (c) At any time during the pendency of an order made under this



section, a person against whom the order has been made may petition



the court to modify or vacate its previous order on the grounds of a



change of circumstances with regard to the person's ability to pay.



The court shall advise the person of this right at the time of making



the order.



   (d) If the amount paid by the defendant for imprisonment exceeds



the actual average cost of the term of imprisonment actually served



by the defendant, the amount paid by the defendant in excess of the



actual average cost shall be returned to the defendant within 60 days



of his or her release from the state prison.



   (e) For the purposes of this section, in determining a defendant's



ability to pay, the court shall consider the overall ability of the



defendant to reimburse all or a portion of the costs of imprisonment



in light of the defendant's present and foreseeable financial



obligations, including family support obligations, restitution to the



victim, and fines, penalties, and other obligations to the court,



all of which shall take precedence over a reimbursement order made



pursuant to this section.



   (f) For the purposes of this section, in determining a defendant's



ability to pay, the court shall not consider the following:



   (1) The personal residence of the defendant, if any, up to a



maximum amount of the median home sales price in the county in which



the residence is located.



   (2) The personal motor vehicle of the defendant, if any, up to a



maximum amount of ten thousand dollars ($10,000).



   (3) Any other assets of the defendant up to a maximum amount of



the median annual income in California.















1203.2.  (a) At any time during the probationary period of a person



released on probation under the care of a probation officer pursuant



to this chapter, or of a person released on conditional sentence or



summary probation not under the care of a probation officer, if any



probation officer or peace officer has probable cause to believe that



the probationer is violating any term or condition of his or her



probation or conditional sentence, the officer may, without warrant



or other process and at any time until the final disposition of the



case, rearrest the person and bring him or her before the court or



the court may, in its discretion, issue a warrant for his or her



rearrest.  Upon such rearrest, or upon the issuance of a warrant for



rearrest the court may revoke and terminate such probation if the



interests of justice so require and the court, in its judgment, has



reason to believe from the report of the probation officer or



otherwise that the person has violated any of the conditions of his



or her probation, has become abandoned to improper associates or a



vicious life, or has subsequently committed other offenses,



regardless whether he or she has been prosecuted for such offenses.



However, probation shall not be revoked for failure of a person to



make restitution pursuant to Section 1203.04 as a condition of



probation 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



probationary period.



   (b) Upon its own motion or upon the petition of the probationer,



probation officer or the district attorney of the county in which the



probationer is supervised, the court may modify, revoke, or



terminate the probation of the probationer pursuant to this



subdivision.  The court shall give notice of its motion, and the



probation officer or the district attorney shall give notice of his



or her petition to the probationer, his or her attorney of record,



and the district attorney or the probation officer, as the case may



be.  The probationer shall give notice of his or her petition to the



probation 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 officer.  After the receipt



of  a written report from the probation officer, the court shall read



and consider the report and either its motion or the petition and



may modify, revoke, or terminate the probation of the probationer



upon the grounds set forth in subdivision (a) if the interests of



justice so require.



   The notice required by this subdivision may be given to the



probationer upon his or her first court appearance in the proceeding.



  Upon the agreement by the probationer in writing to the specific



terms of a modification or termination of a specific term of



probation, any requirement that the probationer 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 probationer shall be informed of his or her right



to consult with counsel, and if indigent the right to secure court



appointed counsel.  If the probationer waives his or her right to



counsel a written waiver shall be required.  If probationer consults



with counsel and thereafter agrees to a modification or termination



of the term of probation 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 his or her 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 the Youth Authority



if he or she is otherwise eligible for such 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.











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.



















1203.3.  (a) The court shall have 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 so held.



   (b) The exercise of the court's authority in subdivision (a) to



revoke, modify, change, or terminate probation is subject to the



following:



   (1) Before any sentence or term or condition of probation 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.



   (A) If the sentence or term or condition of probation 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) No order shall 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.



   (3) In all 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 by the court discharged 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, 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.



   (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, 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.















1203.4.  (a) In any case in which 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



interests 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 he or she



is not then serving a sentence for any offense, on probation for any



offense, or charged with the commission of any offense, be permitted



by the court to withdraw his or her plea of guilty or plea of nolo



contendere and enter a plea of not guilty; or, if he or she 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



except as noted below, he or she shall thereafter be released from



all penalties and disabilities resulting from the offense of which he



or she has been convicted, except as provided in Section 13555 of



the Vehicle Code.  The probationer shall be informed, in his or her



probation papers, of this right and privilege and his or her 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 him or



her 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.



   Dismissal of an accusation or information pursuant to this section



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 Section 12021.



   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 any



misdemeanor which is within the provisions of subdivision (b) of



Section 42001 of the Vehicle Code, to any violation of subdivision



(c) of Section 286, Section 288, subdivision (c) of Section 288a,



Section 288.5, or subdivision (j) of Section 289, or to any



infraction.



   (c) A person who petitions for a change of plea or setting aside



of a verdict under this section may be required to reimburse the



county for the actual cost of services rendered, whether or not the



petition is granted and the records are sealed or expunged, at a rate



to be determined by the county board of supervisors not to exceed



one hundred twenty dollars ($120), and to reimburse any city for the



actual cost of services rendered, whether or not the petition is



granted and the records are sealed or expunged, at a rate to be



determined by the city council not to exceed one hundred twenty



dollars ($120).  Ability to make this reimbursement shall be



determined by the court using the standards set forth in paragraph



(2) of subdivision (g) of Section 987.8 and shall not be a



prerequisite to a person's eligibility under this section.  The court



may order reimbursement in any case in which the petitioner appears



to have the ability to pay, without undue hardship, all or any



portion of the cost for services established pursuant to this



subdivision.



   (d) No relief shall 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.



   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 provision of



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 288a, Section 288.5, or subdivision (j) of



Section 289, if there are extraordinary circumstances.















1203.4a.  (a) Every defendant convicted of a misdemeanor and not



granted probation shall, at any time after the lapse of one year from



the date of pronouncement of judgment, if he or she 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 any crime and has, since the pronouncement of judgment,



lived an honest and upright life and has conformed to and obeyed the



laws of the land, be permitted by the court to withdraw his or her



plea of guilty or nolo contendere and enter a plea of not guilty; or



if he or she 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 accusatory pleading against such



defendant, who shall thereafter be released from all penalties and



disabilities resulting from the offense of which he has been



convicted, except as provided in Section 12021.1 of this code or



Section 13555 of the Vehicle Code.  The defendant shall be informed



of the provisions of this section, either orally or in writing, at



the time he or she is sentenced.  The defendant may make such



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 such 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.



   This subdivision applies to convictions which occurred before as



well as those occurring after, the effective date of this section.



   (b) Subdivision (a) does not apply to any misdemeanor falling



within the provisions of subdivision (b) of Section 42001 of the



Vehicle Code, or to any infraction.



   (c) A person who petitions for a dismissal of a charge under this



section may be required to reimburse the county for the cost of



services rendered at a rate to be determined by the county board of



supervisors  not to exceed sixty dollars ($60), and to reimburse any



city for the cost of services rendered at a rate to be determined by



the city council not to exceed sixty dollars ($60).  Ability to make



this reimbursement shall be determined by the court using the



standards set forth in paragraph (2) of subdivision (f) of Section



987.8 and shall not be a prerequisite to a person's eligibility under



this section.  The court may order reimbursement in any case in



which the petitioner appears to have the ability to pay, without



undue hardship, all or any portion of the cost for services



established pursuant to this subdivision.















1203.45.  (a) In any case in which a person was under the age of 18



years 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 defendant was acquitted or charges were



dismissed.  If the court finds that the person was under the age of



18 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 which occurred before, as



well as those which 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 any 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, 23152, 23153, or 23220.



   (B) Violation of any 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 any case in which a person was



under the age of 21 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) In any action or proceeding based upon defamation, a court,



upon a showing of good cause, may order any 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.



   (g) A person who petitions for an order sealing a record under



this section may be required to reimburse the county for the actual



cost of services rendered, whether or not the petition is granted and



the records are sealed or expunged, at a rate to be determined by



the county board of supervisors not to exceed one hundred twenty



dollars ($120), and to reimburse any city for the actual cost of



services rendered, whether or not the petition is granted and the



records are sealed or expunged, at a rate to be determined by the



city council not to exceed one hundred twenty dollars ($120).



Ability to make this reimbursement shall be determined by the court



using the standards set forth in paragraph (2) of subdivision (g) of



Section 987.8 and shall not be a prerequisite to a person's



eligibility under this section.  The court may order reimbursement in



any case in which the petitioner appears to have the ability to pay,



without undue hardship, all or any portion of the cost for services



established pursuant to this subdivision.















1203.5.  The offices of adult probation officer, assistant adult



probation officer, and deputy adult probation officer are hereby



created.  The probation officers, assistant probation officers, and



deputy probation officers appointed in accordance with Chapter 2



(commencing with Section 200) of Division 2 of Part 1 of the Welfare



and Institutions Code shall be ex officio adult 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.  Any adult



probation officer may accept appointment as member of the Board of



Corrections and serve in that capacity in addition to his or her



duties as adult probation officer and may receive the per diem



allowance authorized in Section 6025.1.











1203.6.  The adult probation officer shall be appointed and may be



removed for good cause by the judge of the superior court or, in a



county with two superior court judges, by the judge who is senior in



point of service.  In the case of a superior court of more than two



judges, a majority of the judges shall make the appointment, and may



effect removal.



   The salary of the probation officer shall be established by the



board of supervisors.



   The adult probation officer shall appoint and may remove all



assistants, deputies and other persons employed in his department,



and their compensation shall be established, according to the merit



system or civil service system provisions of the county.  If no merit



system or civil service system exists in the county, the board of



supervisors shall provide for appointment, removal, and compensation



of such personnel.



   This section is applicable in a charter county whose charter



establishes the office of adult probation officer and provides that



such officer shall be appointed in accordance with general law



subject to the merit system provisions of the charter.



















1203.9.  (a) Whenever any person is released upon probation, the



case may be transferred to any court of the same rank in any other



county in which the person resides permanently, meaning the stated



intention to remain for the duration of probation; provided that the



court of the receiving county shall first be given an opportunity to



determine whether the person does reside in and has stated the



intention to remain in that county for the duration of probation.  If



the court finds that the person does not reside in or has not stated



an intention to remain in that county for the duration of probation,



it may refuse to accept the transfer.  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.



   (b) If the court of the receiving county finds that the person



does permanently reside in or has permanently moved to the county, it



may, in  its discretion, either accept the entire jurisdiction over



the case, or assume supervision of the probationer on a courtesy



basis.



   (c) The order of transfer shall contain an order committing the



probationer to the care and custody of the probation officer of the



receiving county and an order for reimbursement of reasonable costs



for processing the transfer to be paid to the sending county in



accordance with Section 1203.1b.  A copy of the orders and probation



reports shall be transmitted to the court and probation officer of



the receiving county within two weeks of the finding by that county



that the person does permanently reside in or has permanently moved



to that county, and thereafter the receiving court shall have entire



jurisdiction over the case, with the like power to again request



transfer of the case whenever it seems proper.















1203.10.  At the time of the plea or verdict of guilty of any person



over 18 years of age, the probation officer of the county of the



jurisdiction of said 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 report in writing in the records of such court.  When



directed, his report shall contain his recommendation for or against



the release for such person on probation.  If any such person shall



be released on probation and committed to the care of the probation



officer, such officer shall keep a complete and accurate record in



suitable books or other form in writing of the history of the case in



court, and of the name of the probation officer, and his act in



connection with said case; also the age, sex, nativity, residence,



education, habit of temperance, whether married or single, and the



conduct, employment and occupation, and parents' occupation, and



condition of such person committed to his care during the term of



such probation and the result of such probation.  Such record of such



probation officer shall be and constitute 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 the court for that purpose, as



well as of all magistrates, and the chief of police, or other heads



of the police, unless otherwise ordered by the court.  Said books of



records shall be furnished for the use of said probation officer of



said county, and shall be paid for out of the county treasury.



   Five years after termination of probation in any case subject to



this section, the probation officer may destroy any records and



papers in his possession relating to such case.















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.















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.















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.















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.















1203a.  In all counties and cities and counties the courts therein,



having jurisdiction to impose punishment in misdemeanor cases, shall



have the power to refer cases, demand reports and to do and require



all things necessary to carry out the purposes of Section 1203 of



this code insofar as they are in their nature applicable to



misdemeanors.  Any such court shall have power to suspend the



imposing or the execution of the sentence, and to make and enforce



the terms of probation for a period not to exceed three years;



provided, that when the maximum sentence provided by law exceeds



three years imprisonment, the period during which sentence may be



suspended and terms of probation enforced may be for a longer period



than three years, but in such instance, not to exceed the maximum



time for which sentence of imprisonment might be pronounced.















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.















1203c.  Notwithstanding any other provisions of law, whenever a



person is committed to an institution under the jurisdiction of the



Department of Corrections, 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 a report upon the circumstances



surrounding the offense and the prior record and history of the



defendant as may be required by the Administrator of the Youth and



Adult Corrections Agency.  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 Corrections, except that in a case in which defendant is



ineligible for probation a report upon the circumstances surrounding



the offense and the prior record and history of defendant, prepared



by the probation officer on request of the court and filed with the



court before sentence, shall be deemed to meet any such requirements



of form.  In order to allow the probation officer opportunity to



interview, for the purpose of preparation of these reports, the



prisoner 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 Director of Corrections,



unless the probation officer shall have indicated need for a lesser



period of time.















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.















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.



















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.















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).















1205.  (a) A judgment that the defendant pay a fine, with or without



other punishment, may also direct that he or she 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 he or she may theretofore have been sentenced.  Each of these



judgments shall specify the extent of the imprisonment for nonpayment



of the fine, which shall not be more than one day for each thirty



dollars ($30) of the fine, nor exceed in any case the term for which



the defendant might be sentenced to imprisonment for the offense of



which he or she has been convicted.  A defendant held in custody for



nonpayment of a fine shall be entitled to credit on the fine for each



day he or she is so 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 he or she



pay the fine within a limited time or in installments on specified



dates and that in default of payment as therein stipulated he or she



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 forthwith.



   (b) Except as otherwise provided in case of fines imposed,



including restitution fines or restitution orders, as conditions of



probation, the defendant shall pay the fine to the clerk of the



court, or to the judge thereof if there is no clerk, unless the



defendant is taken into custody for nonpayment of the fine, in which



event payments made while he or she is in custody shall be made to



the officer who holds him or her in custody and all amounts so paid



shall be forthwith paid over by the officer to the court which



rendered the judgment.  The clerk shall report to the court every



default in payment of a fine or any part thereof, 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 him or her to



show cause why he or she should not be imprisoned until the fine or



installment thereof, as the case may be, is satisfied in full.  If



the fine, restitution fine, restitution order, or installment, is



payable forthwith and it is not so 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 thereof, as the case may be, 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.



   Nothing in this section shall be construed to prohibit the clerk



of the court, or the judge thereof if there is no clerk, from turning



these accounts over to another county department or a collecting



agency for processing and collection.



   (d) The defendant shall pay to the clerk of the court or the



collecting agency a fee for the processing of installment accounts.



This fee shall equal the administrative and clerical costs, as



determined by the board of supervisors, except that the fee shall not



exceed thirty-five dollars ($35).  The Legislature hereby authorizes



the establishment of the following program described in this



section, to be implemented in any county, upon the adoption of a



resolution by the board of supervisors authorizing it.  The board of



supervisors in any county may establish a fee for the processing of



accounts receivable that are not to be paid in installments.  The



defendant shall pay to the clerk of the court or the collecting



agency the fee established for the processing of the accounts.  The



fee shall equal the administrative and clerical costs, as determined



by the board of supervisors, except that the fee shall not exceed



thirty dollars ($30).



   (e) This section shall only apply to restitution fines and



restitution orders if the defendant has defaulted on the payment of



other fines.















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.















1207.  When judgment upon a conviction is rendered, the clerk, or if



there is no clerk, the judge, must enter the same 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.



















1208.  (a) 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 it 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.



   Notwithstanding any other provision of 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.



   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 Corrections, and a provision



whereby the private agency or entity agrees to operate in compliance



with Section 1208.2, which provides that no eligible person shall be



denied consideration for, or be removed from, participation in a work



furlough program because of an inability to pay all or a portion of



the program fees.  The private agency or entity shall select and



train its personnel in accordance with selection and training



requirements adopted by the Board of 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.



   All private work furlough facilities and programs shall be



inspected biennially by the Board of 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 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 of a misdemeanor 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 he or she



concludes that the person is a fit subject to continue in his or her



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 himself or herself, 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 he or she



concludes that the person is a fit subject to continue in his or her



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 himself or herself, unless the court at



the time of sentencing has ordered that person not be granted work



furloughs.  The work furlough administrator may, if he or she



concludes that the person is a fit subject to continue in his or her



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 himself or herself, 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 his or her 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 himself



or herself, 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) 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



him or her 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.







   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) In the event the prisoner violates the conditions laid down



for his or her 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



he or she 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 as provided through the Job Training Partnership



Act (Public Law 97-300; 29 U.S.C.A. Sec. 1501 et seq.).



   (k) This section shall be known and may be cited as the "Cobey



Work Furlough Law."











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 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 which implements programs



identified in paragraph (1) of subdivision (a), may prescribe a



program administrative fee and an application fee, that together



shall not exceed the pro rata cost of the program to which the person



is accepted, including equipment, supervision, and other operating



costs, except as provided in paragraph (2).



   (2) With regard to a privately operated electronic home detention



program pursuant to Section 1203.016, the limitation, described in



paragraph (1), in prescribing a program administrative fee and



application fee shall not apply.



   (c) The correctional administrator, or his or her designee, shall



not have access to a person's financial data prior to granting or



denying a person's participation in, or assigning a person to, any of



the programs governed by this section.



   (d) The correctional administrator, or his or her designee, shall



not consider a person's ability or inability to pay all or a portion



of the program fee for the purposes of granting or denying a person's



participation in, or assigning a person to, any of the programs



governed by this section.



   (e) For purposes of this section, "ability to pay" means the



overall capability of the person to reimburse the costs, or a portion



of the costs, of providing supervision and shall include, but shall



not be limited to, consideration of all of the following factors:



   (1) Present financial position.



   (2) Reasonably discernible future financial position.  In no event



shall the administrator, or his or her designee, consider a period



of more than six months from the date of acceptance into the program



for purposes of determining reasonably discernible future financial



position.



   (3) Likelihood that the person shall be able to obtain employment



within the six-month period from the date of acceptance into the



program.



   (4) Any other factor that may bear upon the person's financial



capability to reimburse the county for the fees fixed pursuant to



subdivision (b).



   (f) The administrator, or his or her designee, may charge a person



the fee set by the board of supervisors or any portion of the fee



and may determine the method and frequency of payment.  Any fee the



administrator, or his or her designee, charges pursuant to this



section shall not in any case be in excess of the fee set by the



board of supervisors and shall be based on the person's ability to



pay.  The administrator, or his or her designee, shall have the



option to waive the fees for program supervision when deemed



necessary, justified, or in the interests of justice.  The fees



charged for program supervision may be modified or waived at any time



based on the changing financial position of the person.  All fees



paid by persons for program supervision shall be deposited into the



general fund of the county.



   (g) No person shall be denied consideration for, or be removed



from, participation in any of the programs to which this section



applies because of an inability to pay all or a portion of the



program supervision fees.  At any time during a person's sentence,



the person may request that the administrator, or his or her



designee, modify or suspend the payment of fees on the grounds of a



change in circumstances with regard to the person's ability to pay.



   (h) If the person and the administrator, or his or her designee,



are unable to come to an agreement regarding the person's ability to



pay, or the amount which is to be paid, or the method and frequency



with which payment is to be made, the administrator, or his or her



designee, shall advise the appropriate court of the fact that the



person and administrator, or his or her designee, have not been able



to reach agreement and the court shall then resolve the disagreement



by determining the person's ability to pay, the amount which is to be



paid, and the method and frequency with which payment is to be made.







   (i) At the time a person is approved for any of the programs to



which this section applies, the administrator, or his or her



designee, shall furnish the person a written statement of the person'



s rights in regard to the program for which the person has been



approved, including, but not limited to, both of the following:



   (1) The fact that the  person cannot be denied consideration for



or removed from participation in the program because of an inability



to pay.



   (2) The fact that if the  person is unable to reach agreement with



the administrator, or his or her designee, regarding the person's



ability to pay, the amount which is to be paid, or the manner and



frequency with which payment is to be made, that the matter shall be



referred to the court to resolve the differences.



   (j) In all circumstances where a county board of supervisors has



approved a program administrator, as described in Sections 1203.016



and 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.



   (k) This section shall remain operative until January 1, 1999, and



as of that date is repealed.











1208.3.  The administrator is not prohibited by subdivision (c) of



Section 1208.2 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) That the prisoner is covered under an appropriate or suitable



workers' compensation insurance plan as may otherwise be required by



law.



   The purpose of the verification shall be solely to insure 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 remain operative until January 1, 1999, and



as of that date is repealed.











1208.5.  The boards of supervisors of two or more counties having



work furlough programs established pursuant to Section 1208, home



detention programs established pursuant to Section 1203.016, or



county parole programs established pursuant to Article 3.5



(commencing with Section 3074) of Chapter 8 of Title 1 of Part 3, 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 from the



custody of the sheriff, administrator, as defined in paragraph (2) of



subdivision (a) of Section 1208.2, or their designees, of the county



in which he or she is confined, to the custody of the appropriate



administrator 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



that county's work furlough program, home detention program, or



county parole program.  These agreements 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, corrections administrator, county



home detention program administrator, county board of parole



commissioners, county parole administrator, or their designees.



   This section shall remain operative until January 1, 1999, and as



of that date is repealed.















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.















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.



CALIFORNIA CODES



PENAL CODE



SECTION 1191-1209



















1191.  In the superior court, after a plea, finding, or verdict of



guilty, or after a finding or verdict against the defendant on a plea



of a former conviction or acquittal, or once in jeopardy, the court



shall appoint a time for pronouncing judgment, which shall be within



20 judicial days after the verdict, finding, or plea of guilty,



during which time the court shall refer the case to the probation



officer for a report if eligible for probation and pursuant to



Section 1203.  However, the court may extend the time not more than



10 days for the purpose of hearing or determining any motion for a



new trial, or in arrest of judgment, and may further extend the time



until the probation officer's report is received and until any



proceedings for granting or denying probation have been disposed of.



If, in the opinion of the court, there is a reasonable ground for



believing a defendant insane, the court may extend the time for



pronouncing sentence until the question of insanity has been heard



and determined, as provided in this code.  If the court orders



defendant placed in a diagnostic facility pursuant to Section



1203.03, the time otherwise allowed by this section for pronouncing



judgment is extended by a period equal to (1) the number of days



which elapse between the date of the order and the date on which



notice is received from the Director of Corrections advising whether



or not the Department of Corrections will receive defendant in the



facility, and (2) if the director notifies the court that it will



receive the defendant, the time which elapses until his or her return



to the court from the facility.















1191.1.  The victim of any crime, or the parents or guardians of the



victim if the victim is a minor, or the next of kin of the victim if



the victim has died, have the right to attend all sentencing



proceedings under this chapter and shall be given adequate notice by



the probation officer of all sentencing proceedings concerning the



person who committed the crime.



   The victim, or up to two of the victim's parents or guardians if



the victim is a minor, or the next of kin of the victim if the victim



has died, have the right to appear, personally or by counsel, at the



sentencing proceeding and to reasonably express his, her, or their



views concerning the crime, the person responsible, and the need for



restitution.  The court in imposing sentence shall consider the



statements of victims, parents or guardians, and next of kin made



pursuant to this section and shall state on the record its conclusion



concerning whether the person would pose a threat to public safety



if granted probation.



   The provisions of this section shall not be amended by the



Legislature except by statute passed in each house by rollcall vote



entered in the journal, two-thirds of the membership concurring, or



by a statute that becomes effective only when approved by the



electors.











1191.10.  The definition of the term "victim" as used in Section



1191.1 includes any insurer or employer who was the victim of workers'



compensation fraud for the crimes specified in Section 549 of this



code, Sections 2314 and 6152 of the Business and Professions Code,



Sections 1871.4, 11760, and 11880 of the Insurance Code, and Section



3215 of the Labor Code.















1191.15.  (a) The court may permit the victim of any crime, or his



or her parent or guardian if the victim is a minor, or the next of



kin of the victim if the victim has died, to file with the court a



written, audiotaped, or videotaped statement expressing his or her



views concerning the crime, the person responsible, and the need for



restitution, in lieu of or in addition to such person personally



appearing at the time of judgment and sentence.  The court shall



consider any such statement filed with the court prior to imposing



judgment and sentence.



   Whenever an audio or video statement is filed with the court, a



written transcript of the tape shall also be provided by the person



filing the statement, and shall be made available as a public record



of the court after the judgment and sentence have been imposed.



   (b) Whenever such a written, audio, or video statement is filed



with the court, it shall remain sealed until the time set for



imposition of judgment and sentence except that the court, the



probation officer, and counsel for the parties may view and listen to



such statements not more than two court days prior to the date set



for imposition of judgment and sentence.



   (c) No person may, and no court shall, permit any person to



duplicate, copy, or reproduce by any audio or visual means any



audiotaped or videotaped statement  submitted to the court under the



provisions of this section.



   (d) Nothing in this section shall be construed to prohibit the



prosecutor from representing to the court the views of the victim or



his or her parent or guardian or the next of kin.



   (e) In the event the court permits an audio or video statement to



be filed, the court shall not be responsible for providing any



equipment or resources needed to assist the victim in preparing the



statement.











1191.16.  The victim of any crime, or the parents or guardians of



the victim if the victim is a minor, or the next of kin of the victim



if the victim has died, who choose to exercise their rights with



respect to sentencing proceedings as described in Section 1191.1 may,



in any case where the defendant is subject to an indeterminate term



of imprisonment, have their statements simultaneously recorded and



preserved by means of videotape, videodisc, or any other means of



preserving audio and video, if they notify the prosecutor in advance



of the sentencing hearing and the prosecutor reasonably is able to



provide the means to record and preserve the statement.  If a video



and audio record is developed, that record shall be maintained and



preserved by the prosecution and used in accordance with the



regulations of the Board of Prison Terms at any hearing to review



parole suitability or the setting of a parole date.















1191.2.  In providing notice to the victim pursuant to Section



1191.1, the probation officer shall also provide the victim with



information concerning the victim's right to civil recovery against



the defendant, the requirement that the court order restitution for



the victim, the victim's right to receive a copy of the restitution



order from the court and to enforce the restitution order as a civil



judgment, the victim's responsibility to furnish the probation



department, district attorney, and court with information relevant to



his or her losses, and the victims' opportunity to be compensated



from the Restitution Fund if eligible under Article 1 (commencing



with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2



of the Government Code.  This information shall be in the form of



written material prepared by the Judicial Council in consultation



with the State Board of Control, shall include the relevant sections



of the Penal Code, and shall be provided to each victim for whom the



probation officer has a current mailing address.















1191.25.  The prosecution shall make a good faith attempt to notify



any victim of a crime which was committed by, or is alleged to have



been committed by, an in-custody informant, as defined in subdivision



(a) of Section 1127a, within a reasonable time before the in-custody



informant is called to testify.  The notice shall include



information concerning the prosecution's intention to offer the



in-custody informant a modification or reduction in sentence or



dismissal of the case or early parole in exchange for the in-custody



informant's testimony in another case.  The notification or attempt



to notify the victim shall be made prior to the commencement of the



trial in which the in-custody informant is to testify where the



intention to call him or her is known at that time, but in no case



shall the notice be made later than the time the in-custody informant



is called to the stand.



   Nothing contained in this section is intended to affect the right



of the people and the defendant to an expeditious disposition of a



criminal proceeding, as provided in Section 1050.  The victim of any



case alleged to have been committed by the in-custody informant may



exercise his or her right to appear at the sentencing of the



in-custody informant pursuant to Section 1191.1, but the victim shall



not have a right to intervene in the trial in which the in-custody



informant is called to testify.















1191.3.  (a) At the time of sentencing or pronouncement of judgment



in which sentencing is imposed, the court shall make an oral



statement that statutory law permits the award of conduct and



worktime credits up to one-third or one-half of the sentence that is



imposed by the court, that the award and calculation of credits is



determined by the sheriff in cases involving imprisonment in county



jails and by the Department of Corrections in cases involving



imprisonment in the state prison, and that credit for presentence



incarceration served by the defendant is calculated by the probation



department under current state law.



   As used in this section, "victim" means the victim of the offense,



the victim's parent or guardian if the victim is a minor, or the



victim's next of kin.



   (b) The probation officer shall provide a general estimate of the



credits to which the defendant may be entitled for previous time



served, and conduct or worktime credits authorized under Sections



2931, 2933, or 4019, and shall inform the victim pursuant to Section



1191.1.  The probation officer shall file this estimate with the



court and it shall become a part of the court record.



   (c) This section applies to all felony convictions.















1192.  Upon a plea of guilty, or upon conviction by the court



without a jury, of a crime or attempted crime distinguished or



divided into degrees, the court must, before passing sentence,



determine the degree.  Upon the failure of the court to so determine,



the degree of the crime or attempted crime of which the defendant is



guilty, shall be deemed to be of the lesser degree.















1192.1.  Upon a plea of guilty to an information or indictment



accusing the defendant of a crime or attempted crime divided into



degrees when consented to by the prosecuting attorney in open court



and approved by the court, such plea may specify the degree thereof



and in such event the defendant cannot be punished for a higher



degree of the crime or attempted crime than the degree specified.















1192.2.  Upon a plea of guilty before a committing magistrate as



provided in Section 859a, to a crime or attempted crime divided into



degrees, when consented to by the prosecuting attorney in open court



and approved by such magistrate, such plea may specify the degree



thereof and in such event, the defendant cannot be punished for a



higher degree of the crime or attempted crime than the degree



specified.















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.















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.











1192.5.  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 Section 262, Section 264.1, Section 286 by



force, violence, duress, menace or threat of great bodily harm,



subdivision (b) of Section 288, Section 288a by force, violence,



duress, menace or threat of great bodily harm, 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.



   Where 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.



   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 his or her plea if he or



she 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.



   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.



   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.















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.











1192.7.  (a) 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.



   (b) As used in this section "plea bargaining" means any



bargaining, negotiation, or discussion between a criminal defendant,



or his or her 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 the age of 14 years; (7) any felony



punishable by death or imprisonment in the state prison for life; (8)



any other 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 great bodily injury or



mayhem; (17) exploding a destructive device or any explosive with



intent to murder; (18) burglary of an inhabited dwelling house, or



trailer coach as defined by the Vehicle Code, or inhabited portion of



any other building; (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; any attempt to commit a crime listed in this subdivision



other than an assault; and (20) any conspiracy to commit an offense



described in paragraph (24) as it applies to Section 11370.4 of the



Health and Safety Code where the defendant conspirator was



substantially involved in the planning, direction, or financing of



the underlying offense.



   (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 bank 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.











1192.8.  (a) For purposes of subdivision (c) of Section 1192.7,



"serious felony" also means any violation of Section 288.5.



   (b) For purposes of subdivision (c) of Section 1192.7, "serious



felony" also means any violation of Section 191.5, paragraph (1) or



(3) of subdivision (c) of Section 192, paragraph (a) 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.



   (c) It is the intent of the Legislature, in enacting subdivision



(b), 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 (b) have always



been, and continue to be, serious felonies within the meaning of



subdivision (c) of Section 1192.7.















1193.  Judgment upon persons convicted of commission of crime shall



be pronounced as follows:



    (a) If the conviction is for a felony, the defendant shall be



personally present when judgment is pronounced against him or her,



unless  the defendant, in open court and on the record, or in a



notarized writing, requests that judgment be pronounced against him



or her in his or her absence, and that he or she be represented by an



attorney when judgment is pronounced, and the court approves his or



her absence during the pronouncement of judgment, or unless, after



the exercise of reasonable diligence to procure the presence of the



defendant, the court shall find that it will be in the interest of



justice that judgment be pronounced in his or her absence; provided,



that when any judgment imposing the death penalty has been affirmed



by the appellate court, sentence may be reimposed upon the defendant



in his or her absence by the court from which the appeal was taken,



and in the following manner:  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



forthwith 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; and



that, 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 by



registered mail to the Governor; and provided further, that when any



judgment imposing the death penalty has been affirmed and sentence



has been reimposed as above provided there shall be no appeal from



the order fixing the time for and directing the execution of the



judgment as herein provided.   If a pro se defendant requests that



judgment in a noncapital case be pronounced against him or her in his



or her 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 his absence.















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.















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.















1196.  (a) The clerk, or the judge or justice, if there is no clerk,



must at any time after the order issue a bench warrant into one or



more counties.



   (b) The clerk, or the judge or justice, 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)).















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)



















1198.  The bench warrant may be served in any county in the same



manner as a warrant of arrest.















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.



















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.















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.



















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.















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.











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.















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, 288, 288a, 288.5, or 289, 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, 288a, 288.5, or 289, 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).















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 test for evidence of antibodies to the probable causative



agent of acquired immune deficiency syndrome (AIDS).  Each person



tested under this section shall be informed of the results of the



blood test.



   (b) Notwithstanding Section 120980 of the Health and Safety Code,



the results of the blood 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 647f or 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 subsequent offense under



Section 647f or sentence enhancement under Section 12022.85 or



complying with subdivision (d).



   (d) (1) In every case in which 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 his or



her right to receive the results of the blood 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 him or her 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 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 he or she 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.



   (2) Unlawful intercourse with a female under age 18 in violation



of Section 261.5.



   (3) Rape of a spouse in violation of Section 262.



   (4) Sodomy in violation of Section 286.



   (5) Oral copulation in violation of Section 288a.



   (6) Lewd or lascivious acts with a child in violation of Section



288, 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.  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 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) Any victim who receives information from the local health



officer pursuant to subdivision (g) may disclose the information as



he or she deems necessary to protect his or her health and safety or



the health and safety of his or her family or sexual partner.



   (j) Any 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.















1202.4.  (a) (1) It is the intent of the Legislature that a victim



of crime who incurs any economic loss as a result of the commission



of a crime shall receive restitution directly from any defendant



convicted of that crime.



   (2) Upon a person being convicted of any 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 pursuant to Section 1214.



   (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, but shall



not be less than two hundred dollars ($200), and not more than ten



thousand dollars ($10,000), if the person is convicted of a felony,



and shall not be less than one hundred dollars ($100), and not more



than one thousand dollars ($1,000), if the person is convicted of a



misdemeanor.



   (2) In setting a felony restitution fine, the court may determine



the amount of the fine as the product of two hundred dollars ($200)



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



two-hundred-dollar ($200) or one-hundred-dollar ($100) minimum.



   (d) In setting the amount of the fine pursuant to subdivision (b)



in excess of the two-hundred-dollar ($200) or one-hundred-dollar



($100) minimum, 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 any 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



his or her dependents as well as intangible losses, such as



psychological harm caused by the crime.  Consideration of a defendant'



s inability to pay may include his or her future earning capacity.  A



defendant shall bear the burden of demonstrating his or her



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 as provided in Section 1464, and shall be deposited in



the Restitution Fund in the State Treasury.



   (f) 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 unless it finds compelling and extraordinary reasons for



not doing so, and states them on the record.



   (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.



   (2) Determination of the amount of restitution ordered pursuant to



this subdivision shall not be affected by the indemnification or



subrogation rights of any third party.  Restitution payments made



pursuant to this subdivision shall be made to the Restitution Fund to



the extent that the victim, as defined in subdivision (k), 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.



   (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) 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.



   (D) 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.



   (E) Noneconomic losses, including, but not limited to,



psychological harm, for felony violations of Section 288.



   (F) Interest, at the rate of 10 percent per annum, that accrues as



of the date of sentencing or loss, as determined by the court.



   (G) Actual and reasonable attorney's fees and other costs of



collection accrued by a private entity on behalf of the victim.



   (g) The court shall order full restitution 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 order, nor shall inability to pay 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, pursuant to



Section 1214.



   (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 the



immediate surviving family of the actual victim.  "Victim" shall also



include any 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.



   (l) At its discretion, the board of supervisors of any county may



impose a fee to cover the actual administrative cost of collecting



the restitution fine, not to exceed 10 percent of the amount ordered



to be paid, to be added to the restitution fine and included in the



order of the court, the proceeds of which shall be deposited in the



general fund of the county.



   (m) 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.



   (n) If the court finds and states on the record compelling and



extraordinary reasons why a restitution fine or full restitution



order 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 restitution should not be required. Upon revocation



of probation, the court shall impose restitution pursuant to this



section.



   (o) The provisions of Section 13966.01 of the Government Code



shall apply to restitution imposed pursuant to this section.



















1202.45.  In every case where a person is convicted of a crime and



whose 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 restitution fine in the same



amount as that imposed pursuant to subdivision (b) of Section 1202.4.



  This additional restitution fine shall be suspended unless the



person's parole is revoked.















1202.5.  (a) In any case in which a defendant is convicted of any of



the offenses enumerated in Section 211,  215, 459, 487, or 488, the



court may 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 may 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) All fines collected pursuant to this section shall be



transferred to the local law enforcement agency in the jurisdiction



where the offense took place.  All moneys collected shall be used



exclusively to implement, support, and continue local crime



prevention programs.



   (c) As used in this section, "law enforcement agency" includes,



but is not limited to, police departments, sheriffs departments, and



probation departments.















1202.6.  (a) Notwithstanding Sections 120975, 120980, and 120990 of



the Health and Safety Code, upon the first conviction of any person



for a violation of subdivision (b) of Section 647, the court shall,



before sentencing or as a condition of probation, order the defendant



to complete instruction in the causes and consequences of acquired



immune deficiency syndrome (AIDS) pursuant to subdivision (d) and



shall order the defendant to submit to testing for AIDS in accordance



with subdivision (e).  In addition, the court shall refer a



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 any drug diversion



program, or both.



   (b) Upon a second or subsequent conviction of a violation of



subdivision (b) of Section 647, the court shall, before sentencing,



order the defendant to submit to testing for AIDS in accordance with



subdivision (e).



   (c) At the sentencing hearing of a defendant ordered to submit to



testing for AIDS pursuant to subdivision (a) or (b), the court shall



furnish the defendant with a copy of the report submitted pursuant to



subdivision (e) and shall direct the clerk to note the receipt of



the report by the defendant in the records of the case.



   If the results of the test described in the report are positive,



the court shall make certain that the defendant understands the



nature and meaning of the contents of the report and shall further



advise the defendant of the penalty established in Section 647f for a



subsequent violation of subdivision (b) of Section 647.



   (d) The county health officer in each county shall select an



agency, or agencies, in the county that shall provide AIDS prevention



education.  The county health officer shall endeavor to select an



agency, or agencies, that currently provide AIDS prevention education



programs to substance abusers or prostitutes.  If no agency is



currently providing this education, the county agency responsible for



substance abuse shall develop an AIDS prevention education program



either within the agency or under contract with a community-based,



nonprofit organization in the county.  The county health officer



shall forward to the courts a list of agencies selected for purposes



of referral.



   An AIDS prevention education program providing services, at a



minimum, shall include details about the transmission of human



immunodeficiency virus (HIV), the etiologic agent for AIDS, symptoms



of AIDS or AIDS-related conditions, prevention through avoidance or



cleaning of needles, sexual practices that constitute high risk, low



risk, and no risk (including abstinence), and resources for



assistance if the person decides to take a test for the etiologic



agent for AIDS and receives a positive test result.  The program also



shall include other relevant medical and prevention information as



it becomes available.



   (e) The court shall order testing of every defendant as ordered



pursuant to subdivision (a) or (b) for evidence of antibodies to the



probable causative agent of acquired immune deficiency syndrome.



Notwithstanding Section 120980 of the Health and Safety Code, written



copies of the report on the test shall be furnished to both of the



following:



   (1) The court in which the defendant is to be sentenced.



   (2) The State Department of Health Services.



   (f) Except as provided in subdivisions (c) and (g), the reports



required by subdivision (e) shall be confidential.



   (g) The State Department of Health Services shall maintain the



confidentiality of the reports received pursuant to subdivision (e),



except that the department shall furnish copies of any report to a



district attorney upon request.











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.



















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) 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.















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 of his or her findings and



recommendations, including his or her 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 his or her 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) The probation officer shall also include in the report his or



her recommendation of 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.



   (D) 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 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 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 there shall be no waiver 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



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 him



or her 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 where 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 his or her 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 he or she has been convicted.



   (3) Any person who willfully inflicted great bodily injury or



torture in the perpetration of the crime of which he or she 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,



288, 288a, or 288.5, 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



he or she 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 his or her



arrest for the previous crime, he or she 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 his or her 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 12020, a machine gun under



Section 12220, or a silencer under Section 12520.



   (12) Any person who is convicted of violating Section 8101 of the



Welfare and Institutions Code.



   (13) Any person who is described in paragraph (2) or (3) of



subdivision (g) of Section 12072.



   (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 where the



determination is applicable.  The judge, in his or her 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 of his or her 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) No probationer shall be released to enter another state unless



his or her 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)



and the probationer has reimbursed the county that has jurisdiction



over his or her probation case the reasonable costs of processing his



or her request for interstate compact supervision.  The amount and



method of reimbursement shall be in accordance with Section 1203.1b.







   (j) In any court where 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 his or her 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.



















1203.01.  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 he or she was 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 at the prison or other



institution to which  the person convicted is delivered.  Within 60



days after judgment has been pronounced, the clerk shall mail a copy



of the charging documents,  the transcript of the proceedings at the



time of the defendant's guilty plea, if the defendant pleaded guilty,



and the transcript of the proceedings at the time of sentencing,



with postage prepaid, to 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 a copy of



any statement submitted by the attorney for the defendant, with



postage prepaid, shall be mailed to the district attorney.















1203.016.  (a) Notwithstanding any other provision of law, the board



of supervisors of any county may authorize the correctional



administrator, as defined in subdivision (h), to offer a program



under which minimum security inmates and low-risk offenders committed



to a county jail or other county correctional facility or granted



probation, or inmates participating in a work furlough program, may



voluntarily participate in a home detention program 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.



   (b) The board of supervisors 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 his or her consent in writing to participate in the home



detention program and shall in writing agree to 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



his or her residence during the hours designated by the correctional



administrator.



   (2) The participant shall admit any person or agent designated by



the correctional administrator into his or her residence at any time



for purposes of verifying the participant's compliance with the



conditions of his or her detention.



   (3) The participant shall agree to the use of electronic



monitoring or supervising devices for the purpose of helping to



verify his or her 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 his or her 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, if the person willfully fails to pay



fees to the provider of electronic home detention services, as



stipulated in the agreement, subsequent to the written notification



of the participant that the payment has not been received and that



return to custody may result, 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) 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 his or her 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 he or she 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) The board of supervisors may prescribe a program



administrative fee to be paid by each home detention participant that



shall be determined according to his or her ability to pay.



Inability to pay all or a portion of the program fees shall not



preclude participation in the program, and eligibility shall not be



enhanced by reason of ability to pay.  All program administration and



supervision fees shall be administered in compliance with Section



1208.2.



   (h) As used in this section, the following words have the



following meanings:



   (1) "Correctional administrator" means the sheriff, probation



officer, or director of the county department of corrections.



   (2) "Minimum security inmate" means an inmate who, by established



local classification criteria, would be eligible for placement in a



Type IV local detention facility, as described in Title 15 of the



California Code of Regulations, or for placement into the community



for work or school activities, or who is determined to be a minimum



security risk under a classification plan developed pursuant to



Section 1050 of Title 15 of the California Code of Regulations.



   (3) "Low-risk offender" means a probationer, as defined by the



National Institute of Corrections model probation system.



   (i) 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 require the county correctional



administrator to provide information concerning those persons.  This



information shall be limited to the name, address, date of birth, and



offense committed by the home detainee.  Any information received by



a police department pursuant to this paragraph shall be used only



for the purpose of monitoring the impact of home detention programs



on the community.



   (j) 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 California Department of Corrections or the



Department of the Youth Authority 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 Board of



Corrections, 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.



   (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.











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.











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.















1203.044.  (a) This section shall apply only to a defendant



convicted of a felony for theft of an amount exceeding fifty thousand



dollars ($50,000) in a single transaction or occurrence.  This



section shall not apply unless the fact that the crime involved the



theft of an amount exceeding fifty thousand dollars ($50,000) in a



single transaction or occurrence is charged in the accusatory



pleading and either admitted by the defendant in open court or found



to be true by the trier of fact.  Aggregate losses from more than one



criminal act shall not be considered in determining if this section



applies.



   (b) Notwithstanding any other law, probation shall not be granted



to a defendant convicted of a crime to which subdivision (a) applies



if the defendant was previously convicted of an offense for which an



enhancement pursuant to Section 12022.6 was found true even if that



enhancement was not imposed by the sentencing court.  The prior



conviction 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) In deciding whether to grant probation to a defendant



convicted of a crime to which subdivision (a) applies, the court



shall consider all relevant information, including the extent to



which the defendant has attempted to pay restitution to the victim



between the date upon which the defendant was convicted and the date



of sentencing.  A defendant claiming inability to pay restitution



before the date of sentencing shall provide a statement of assets,



income, and liabilities, as set forth in subdivision (j) to the



court, the probation department, and the prosecution.



   (d) In addition to the restrictions on probation imposed by



subdivisions (b) and (c), probation shall not be granted to any



person convicted of theft in an amount exceeding one hundred thousand



dollars ($100,000) in a single transaction or occurrence, except in



unusual cases if the interests of justice would best be served if the



person is granted probation.  The fact that the theft was of an



amount exceeding one hundred thousand dollars ($100,000) in a single



transaction or occurrence, 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.  This subdivision shall not



authorize a grant of probation otherwise prohibited under subdivision



(b) or (c).  If probation is granted pursuant to this subdivision,



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.  Aggregate losses from more than one



criminal act shall not be considered in determining whether this



subdivision applies.



   (e) Subject to subdivision (f), if a defendant is convicted of a



crime to which subdivision (a) applies and the court grants



probation, a court shall impose at least a 90-day sentence in a



county jail as a condition of probation.  If the defendant was



convicted of a crime to which subdivision (d) applies, and the court



grants probation, the court shall impose at least a 180-day sentence



in a county jail as a condition of probation.



   (f) The court shall designate a portion of any sentence imposed



pursuant to subdivision (e) as a mandatory in-custody term.  For the



purpose of this section only, "mandatory in-custody term" means that



the defendant shall serve that term, notwithstanding credits pursuant



to Section 4019, in custody in the county jail.  The defendant shall



not be allowed release on any program during that term, including



work furlough, work release, public service program, or electronic



monitoring.  The court shall designate the mandatory in-custody term



as follows:



   (1) If the defendant was convicted of a crime to which subdivision



(a) applies, the mandatory in-custody term shall be no less than 30



days.  If the person serves a mandatory in-custody term of at least



30 days, the court may, in the interests of justice, and for reasons



stated in the record, reduce the mandatory minimum 90-day sentence



required by subdivision (e).



   (2) If the defendant was convicted of a crime to which subdivision



(d) applies, the mandatory in-custody term shall be no less than 60



days.  If the person serves a mandatory in-custody term of at least



60 days, the court may, in the interests of justice, and for reasons



stated in the record, reduce the mandatory minimum 180-day sentence



required by subdivision (e).



   (g) If a defendant is convicted of a crime to which subdivision



(a) applies, and the court grants probation, the court shall require



the defendant as a condition of probation to pay restitution to the



victim and to pay a surcharge to the county in the amount of 20



percent of the restitution ordered by the court, as follows:



   (1) The surcharge is not subject to any assessments otherwise



imposed by Section 1464.  The surcharge shall be paid into the county



treasury and placed in the general fund to be used exclusively for



the investigation and prosecution of white collar crime offenses and



to pay the expenses incurred by the county in administering this



section, including increased costs incurred as a result of offenders



serving mandatory in-custody terms pursuant to this section.



   (2) The court shall also enter an income deduction order as



provided in Section 13967.2 of the Government Code to secure payment



of the surcharge. That order may be enforced to secure payment of the



surcharge as provided by those provisions.



   (3) The county board of supervisors shall not charge the fee



provided for by Section 1203.1, subdivision (l) of Section 1202.4, or



subdivision (d) of Section 13967, as operative on or before



September 28, 1994, of the Government Code for the collection of



restitution or any restitution fine.



   (4) The defendant shall not be required to pay the costs of



probation as otherwise required by subdivision (b) of Section 1203.1.







   (h) Notwithstanding any other law, if a defendant is convicted of



a crime to which subdivision (a) applies and the court grants



probation, as a condition of probation, within 30 court days after



being granted probation, and annually thereafter, the defendant shall



provide the county financial officer with all of the following



documents and records:



   (1) True and correct copies of all income tax and personal



property tax returns for the previous tax year, including W-2 forms



filed on the defendant's behalf with any state tax agency.  If the



defendant is unable to supply a copy of a state tax return, the



defendant shall provide a true and correct copy of all income tax



returns for the previous tax year filed on his or her behalf with the



federal government.  The defendant is not required to provide any



particular document if to do so would violate federal law or the law



of the state in which the document was filed.  However, this section



shall supersede all other laws in this state concerning the right to



privacy with respect to tax returns filed with this state.  If,



during the term of probation, the defendant intentionally fails to



provide the county financial officer with any document that he or she



knows is required to be provided under this subdivision, that



failure shall constitute a violation of probation.



   (2) A statement of income, assets, and liabilities as defined in



subdivision (j).



   (i) The submission by the defendant of any tax document pursuant



to paragraph (1) of subdivision (h) that the defendant knows does not



accurately state the defendant's income, or if required, the



defendant's personal property, if the inaccuracy is material,



constitutes a violation of probation.



   (j) A statement of income, assets, and liabilities form, that is



consistent with the disclosure requirements of this section, may be



established by the financial officer of each county.  That statement



shall require the defendant to furnish relevant financial information



identifying the defendant's income, assets, possessions, or



liabilities, actual or contingent.  The statement may include the



following:



   (1) All real property in which the defendant has any interest.



   (2) Any item of personal property worth more than three thousand



dollars ($3,000) in which the defendant has any interest, including,



but not limited to, vehicles, airplanes, boats, computers, and



consumer electronics.  Any collection of jewelry, coins, silver,



china, artwork, antiques, or other collectibles in which the



defendant has any interest, if that collection is worth more than



three thousand dollars ($3,000).



   (3) All domestic and foreign assets in the defendant's name, or in



the name of the defendant's spouse or minor children, of a value



over three thousand dollars ($3,000) and in whatever form, including,



but not limited to, bank accounts, securities, stock options, bonds,



mutual funds, money market funds, certificates of deposits,



annuities, commodities, precious metals, deferred compensation



accounts, individual retirement accounts, and related or analogous



accounts.



   (4) All insurance policies in which the defendant or the defendant'



s spouse or minor children retain a cash value.



   (5) All pension funds in which the defendant has a vested right.



   (6) All insurance policies of which the defendant is a



beneficiary.



   (7) All contracts, agreements, judgments, awards, or prizes



granting the defendant the right to receive money or real or personal



property in the future, including alimony and child support.



   (8) All trusts of which the defendant is a beneficiary.



   (9) All unrevoked wills of a decedent if the defendant or



defendant's spouse or minor child is a beneficiary.



   (10) All lawsuits currently maintained by the defendant or by or



against a corporation in which the defendant owns more than a 25



percent interest if the suit includes a prayer for damages.



   (11) All corporations of which the defendant is an officer.  If



the defendant is an officer in a corporation sole, subchapter S



corporation, or closely held corporation, and controls more equity of



that corporation than any other individual, the county financial



officer shall have authority to request other records of the



corporation.



   (12) All debts in excess of three thousand dollars ($3,000) owed



by the defendant to any person or entity.



   (13) Copies of all applications for loans made by the defendant



during the last year.



   (14) All encumbrances on any real and personal property in which



the defendant has any interest.



   (15) All sales, transfers, assignments, quitclaims, conveyances,



or encumbrances of any interest in real or personal property of a



value exceeding three thousand dollars ($3,000) made by the defendant



during the period beginning one year before charges were filed to



the present, including the identity of the recipient of same, and



relationship, if any, to the defendant.



   (k) The information contained in the statement of income, assets,



and liabilities shall not be available to the public.  Information



received pursuant to this subdivision shall not be disclosed to any



member of the public.  Any disclosure in violation of this section



shall be a contempt of court punishable by a fine not exceeding one



thousand dollars ($1,000), and shall also create a civil cause of



action for damages.



   (l) After providing the statement of income, assets, and



liabilities, the defendant shall provide the county financial officer



with copies of any documents representing or reflecting the



financial information set forth in subdivision (j) as requested by



that officer.



   (m) The defendant shall sign the statement of income, assets, and



liabilities under penalty of perjury.  The provision of information



known to be false, or the intentional failure to provide material



information knowing that it was required to have been provided, shall



constitute a violation of probation.



   (n) The Franchise Tax Board and the Employment Development



Department shall release copies of income tax returns filed by the



defendant and other information concerning the defendant's current



income and place of employment to the county financial officer upon



request.  That information shall be kept confidential and shall not



be made available to any member of the public.  Any unauthorized



release shall be subject to subdivision (k).  The county shall



reimburse the reasonable administrative expenses incurred by those



agencies in providing this information.



   (o) During the term of probation, the defendant shall notify the



county financial officer in writing within 30 days, after receipt



from any source of any money or real or personal property that has a



value of over five thousand dollars ($5,000), apart from the salary



from the defendant's and the defendant's spouse's regular employment.



  The defendant shall report the source and value of the money or



real or personal property received.  This information shall not be



made available to the public or the victim.  Any unauthorized release



shall be subject to subdivision (k).



   (p) The term of probation in all cases shall be 10 years.



However, after the defendant has served five years of probation, the



defendant shall be released from all terms and conditions of



probation except those terms and conditions included within this



section.  A court may not revoke or otherwise terminate probation



within 10 years unless and until the defendant has satisfied both the



restitution judgment and the surcharge, or the defendant is



imprisoned for a violation of probation.  Upon satisfying the



restitution judgment, the defendant is entitled to a court order



vacating that judgment and removing it from the public record.



Amounts owing on the surcharge are forgiven upon completion of the



term of probation.



   (q) The county financial officer shall establish a suggested



payment schedule each year to ensure that the defendant remits



amounts to make restitution to the victim and pay the surcharge.  The



county financial officer shall evaluate the defendant's current



earnings, future earning capacity, assets (including assets that are



in trust or in accounts where penalties may be incurred upon



premature withdrawal of funds), and liabilities, and set payments to



the county based upon the defendant's ability to pay.  The defendant



shall bear the burden of demonstrating the lack of his or her ability



to pay.  If the defendant objects to the suggested payment schedule,



the court shall set the schedule.  Express findings by the court as



to the factors bearing on the payment schedule shall not be required.



  After the payment schedule is set, a defendant may request a change



in the schedule upon a change of circumstances.  The restitution



schedule shall set a reasonable payment amount and shall not set



payments in an amount that is likely to cause severe financial



hardship to the defendant or his or her family.



   (r) The willful failure to pay the amounts required by the payment



schedule or to comply with the requirements of the county financial



officer or the probation department pursuant to this section, if the



defendant is able to pay or comply, is a violation of probation.



   (s) In determining the defendant's ability to pay, the court shall



consider whether the annual payment required, including any money or



property seized to satisfy the restitution judgment, exceeds 15



percent of the defendant's taxable income for the previous year as



identified on the defendant's tax return for the defendant's state of



residence or on the defendant's federal tax return.  If the



defendant has filed a joint return, the defendant's income for



purposes of this section shall be presumed to be the total of all



wages earned by the defendant, plus one-half of all other nonsalary



income listed on the tax return and accompanying schedules, unless



the defendant demonstrates otherwise.  The court shall also consider



the defendant's current income and 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 payment schedule shall not be required.



   (t) The defendant shall personally appear at any hearing held



pursuant to any provision of this section unless the defendant is



incarcerated or otherwise excused by the court, in which case the



defendant may appear through counsel.



   (u) Notwithstanding subdivision (d) of Section 1203.1, the county



financial officer shall distribute proceeds collected by the county



pursuant to this section as follows:



   (1) If the restitution judgment has been satisfied, but the



surcharge remains outstanding, all amounts paid by the defendant



shall be kept by the county and applied to the surcharge.



   (2) If the surcharge has been satisfied, but the restitution



judgment has not been satisfied, all amounts submitted to the county



shall be remitted to the victim.



   (3) If neither judgment has been satisfied, the county shall remit



70 percent of the amounts collected to the victim.  Those amounts



shall be credited to the restitution judgment.  The remaining 30



percent shall be retained by the county and credited toward the



surcharge.



   (v) Neither this section, nor the amendments to Section 12022.6 of



the Penal Code enacted pursuant to Chapter 104 of the Statutes of



1992, are intended to lessen or otherwise mitigate sentences that



could otherwise be imposed under any law in effect when the offense



was committed.



   (w) For the purpose of this section, a county may designate an



appropriate employee of the county probation department, the



department revenue, or any other analogous county department to act



as the county financial officer pursuant to this section.



   (x) This section shall remain in effect only until January 1,



2008, and as of that date is repealed unless a later enacted statute,



which is enacted before January 1, 2008, deletes or extends that



date.



   (y) This act shall be known as the Economic Crime Act of 1992.



















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.











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.















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.











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.















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.















1203.055.  (a) 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.



   As used in this subdivision, "public transit vehicle" means any



motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail



system, rapid transit system, subway, train, taxi cab, or jitney,



which 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, 262, 264, or 264.1.



   (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 any person other than an accomplice.  As used in this



paragraph, "great bodily injury" means "great bodily injury" 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, any 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 which 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 provision of 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 any



person convicted of committing a crime which took place on a public



transit vehicle, except in any case in which 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 in any case



in which 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.  Nothing in this subdivision



shall be construed to limit the authority of a court to provide



additional conditions of probation.



   (f) In any case in which a person is convicted of committing a



crime which 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.















1203.06.  Notwithstanding Section 1203:



   (a) Probation shall not be granted to, nor shall the execution or



imposition of sentence be suspended for, any of the following



persons:



   (1) Any 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.



   (D) Kidnapping in violation of Section 209.



   (E) Burglary of the first degree, as defined in Section 460.



   (F) Except as provided in Section 1203.065, rape in violation of



paragraph (2) of subdivision (a) of Section 261.



   (G) Assault with intent to commit rape or sodomy, in violation of



Section 220.



   (H) Escape, in violation of Section 4530 or 4532.



   (I) Carjacking, in violation of Section 215.



   (J) Any person convicted of aggravated mayhem in violation of



Section 205.



   (K) Torture, in violation of Section 206.



   (L) Kidnapping, in violation of Section 209.5.



   (M) A felony violation of Section 136.1 or 137.



   (2) Any person previously convicted of a felony specified in



subparagraphs (A) to (L), inclusive, of 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 his or her arrest



for the subsequent felony.



   (3) Aggravated arson, in violation of Section 451.5.



   (b) (1) The existence of any fact which 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 jury trying the issue of guilt, 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) This subdivision does not prohibit the adjournment of criminal



proceedings pursuant to Division 6 (commencing with Section 6000) of



the Welfare and Institutions Code.



   (3) As used in subdivision (a), "used a firearm" means to display



a firearm in a menacing manner, to intentionally fire it, or to



intentionally strike or hit a human being with it.



   (4) As used in subdivision (a), "armed with a firearm" means to



knowingly carry a firearm as a means of offense or defense.















1203.065.  (a) Notwithstanding any other law, probation shall not be



granted to, nor shall the execution or imposition of sentence be



suspended for, any person who is convicted of violating paragraph (2)



of subdivision (a) of Section 261, Section 264.1, 266h, 266i, or



266j, subdivision (a) of Section 289, of committing sodomy or oral



copulation in violation of Section 286 or 288a by force, violence,



duress, menace, or fear of immediate and unlawful bodily injury on



the victim or another person, or of violating subdivision (c) of



Section 311.4.



   (b) 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 a violation of



paragraph (7) of subdivision (a) of Section 261, subdivision (k) of



Section 286, subdivision (k) of Section 288a, or Section 220 for



assault with intent to commit any of the following:  rape, sodomy,



oral copulation, or any violation of Section 264.1, subdivision (b)



of Section 288, or Section 289.



   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 the disposition.















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, 262, 264.1, 266, 266c, 267, 285, 286, 288, 288.5, 288a,



or 289, 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) Paragraphs (7), (8), and (9) of subdivision (a) shall not



apply when the court makes all of the following findings:



   (1) The defendant is the victim's natural parent, adoptive parent,



stepparent, relative, or is a member of the victim's household who



has lived in the victim's household.



   (2) A grant of probation to the defendant is in the best interest



of the child.



   (3) Rehabilitation of the defendant is feasible, 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.



   (4) 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 returning the defendant to the household of the



victim.  While removed from the household, the court shall prohibit



contact by the defendant with the victim, except the court may permit



the 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.  As used in this paragraph, "contact with the victim"



includes all physical contact, being in the presence of the victim,



communication by any means, any communication by a third party acting



on behalf of the defendant, and any gifts.



   (5) There is no threat of physical harm to the child victim if



probation is granted.  The court upon making its findings pursuant to



this subdivision is not precluded from sentencing the defendant to



jail or prison, but retains the discretion not to do so.  The court



shall state its reasons on the record for whatever sentence it



imposes on the defendant.



   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 paragraphs (2), (3), and (4) in making his or



her report to the court.



   (d) 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 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.



   (e) As used in this section and in Section 1000.12, the following



terms apply:



   (1) "Recognized treatment program" means a program with



substantial expertise in the treatment of children who are victims of



sexual abuse, their families, and offenders, that demonstrates to



the court all of the following:



   (A) An integrated program of treatment and assistance to victims



and their families.



   (B) A treatment regimen designed to specifically address the



offense.



   (C) The ability to serve indigent clients.



   (2) "Integrated program of treatment and assistance to victims and



their families" means that the program provides all of the



following:



   (A) A full range of services necessary to the recovery of the



victim and any nonoffending members of the victim's family, including



individual, group, and family counseling as necessary.



   (B) Interaction with the courts, social services, probation, the



district attorney, and other government agencies to ensure



appropriate help to the victim's family.



   (C) Appropriate supervision and treatment, as required by law, for



the offender.



   (f) For purposes of this section and Section 1000.12, a program



that provides treatment only to offenders and does not provide an



integrated program of treatment and assistance to victims and their



families is not a recognized treatment program.















1203.067.  (a) Notwithstanding any other law, before probation may



be granted to any person convicted of a felony specified in Section



261, 262, 264.1, 286, 288, 288a, or 289, 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 his or her report to the court.  Nothing in this section shall



be construed to require the court to order an examination of the



victim.



   (b) If a defendant is granted probation pursuant to subdivision



(a), the court shall order the defendant to be placed in an



appropriate treatment program designed to deal with child molestation



or sexual offenders, if an appropriate program is available in the



county.



   (c) Any defendant ordered to be placed in a treatment program



pursuant to subdivision (b) shall be responsible for paying the



expense of his or her participation in the treatment program as



determined by the court.  The court shall take into consideration the



ability of the defendant to pay, and no defendant shall be denied



probation because of his or her inability to pay.















1203.07.  (a) Notwithstanding Section 1203, probation shall not be



granted to, nor shall the execution or imposition of sentence be



suspended for, any of the following persons:



   (1) Any person who is convicted of violating Section 11351 of the



Health and Safety Code by possessing for sale 14.25 grams or more of



a substance containing  heroin.



   (2) Any person who is convicted of violating Section 11352 of the



Health and Safety Code by selling or offering to sell 14.25 grams or



more of a substance containing heroin.



   (3) Any person convicted of violating Section 11351 of the Health



and Safety Code by possessing heroin for sale or convicted of



violating Section 11352 of the Health and Safety Code by selling or



offering to sell heroin, and who has one or more prior convictions



for violating Section 11351 or Section 11352 of the Health and Safety



Code.



   (4) Any person who is convicted of violating Section 11378.5 of



the Health and Safety Code by possessing for sale 14.25 grams or more



of any salt or solution of phencyclidine or any of its analogs as



specified in paragraph (21), (22), or  (23) of subdivision (d) of



Section 11054 or in paragraph (3) of subdivision (e) of Section 11055



of the Health and Safety Code, or any of the precursors of



phencyclidine as specified in paragraph (2) of subdivision (f) of



Section 11055 of the Health and Safety Code.



   (5) Any person who is convicted of violating Section 11379.5 of



the Health and Safety Code by transporting for sale, importing for



sale, or administering, or offering to transport for sale, import for



sale, or administer, or by attempting to import for sale or



transport for sale, phencyclidine or any of its analogs or



precursors.



   (6) Any person who is convicted of violating Section 11379.5 of



the Health and Safety Code by selling or offering to sell



phencyclidine or any of its analogs or precursors.



   (7) Any person who is convicted of violating Section 11379.6 of



the Health and Safety Code by manufacturing or offering to perform an



act involving the manufacture of phencyclidine or any of its analogs



or precursors.



   As used in this section "manufacture" refers to the act of any



person who manufactures, compounds, converts, produces, derives,



processes, or prepares, either directly or indirectly by chemical



extraction or independently by means of chemical synthesis.



   (8) Any 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 any 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).



   (9) Any person who is convicted of violating Section 11380.5 of



the Health and Safety Code by the use of 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.



   (10) Any person who is convicted of violating subdivision (b) of



Section 11383 of the Health and Safety Code by possessing piperidine,



pyrrolidine, or morpholine, and cyclohexanone, with intent to



manufacture phencyclidine or any of its analogs.



   (11) Any person convicted of violating Section 11351, 11351.5, or



11378 of the Health and Safety Code by possessing for sale cocaine



base, cocaine, or methamphetamine, or convicted of violating Section



11352 or 11379 of the Health and Safety Code, by selling or offering



to sell cocaine base, cocaine, or methamphetamine and who has one or



more convictions for violating Section 11351, 11351.5, 11352, 11378,



11378.5, 11379, or 11379.5 of the Health and Safety Code.  For



purposes of prior convictions under Sections 11352, 11379, and



11379.5 of the Health and Safety Code, this subdivision shall not



apply to the transportation, offering to transport, or attempting to



transport a controlled substance.



   (b) The existence of any fact which 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.















1203.073.  (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 of the following persons:



   (1) Any person who is convicted of violating Section 11351 of the



Health and Safety Code by possessing for sale, or Section 11352 of



the Health and Safety Code by selling, a substance containing 28.5



grams or more of cocaine as specified in paragraph (6) of subdivision



(b) of Section 11055 of the Health and Safety Code, or 57 grams or



more of a substance containing cocaine as specified in paragraph (6)



of subdivision (b) of  Section 11055 of the Health and Safety Code.



   (2) Any person who is convicted of violating Section 11378 of the



Health and Safety Code by possessing for sale, or Section 11379 of



the Health and Safety Code by selling a substance containing 28.5



grams or more of methamphetamine or 57 grams or more of a substance



containing methamphetamine.



   (3) Any person who is convicted of violating subdivision (a) of



Section 11379.6 of the Health and Safety Code, except those who



manufacture phencyclidine, or who is convicted of an act which is



punishable under subdivision (b) of Section  11379.6 of the Health



and Safety Code, except those who offer to perform an act which aids



in the manufacture of phencyclidine.



   (4) Except as otherwise provided in Section 1203.07, any person



who is convicted of violating Section 11353 or 11380 of the Health



and Safety Code by using, soliciting, inducing, encouraging, or



intimidating a minor to manufacture, compound, or sell heroin,



cocaine base as specified in paragraph (1) of subdivision (f) of



Section 11054 of the Health and Safety Code, cocaine as specified in



paragraph (6) of subdivision (b) of Section 11055 of the Health and



Safety Code, or methamphetamine.



   (5) Any person who is convicted of violating Section 11351.5 of



the Health and Safety Code by possessing for sale a substance



containing 14.25 grams or more of cocaine base as specified in



paragraph (1) of subdivision (f) of Section 11054 of the Health and



Safety Code or 57 grams or more of a substance containing at least



five grams of cocaine base as specified in paragraph (1) of



subdivision (f) of Section 11054 of the Health and Safety Code.



   (6) Any person who is convicted of violating Section 11352 of the



Health and Safety Code by transporting for sale, importing for sale,



or administering, or by offering to transport for sale, import for



sale, or administer, or by attempting to import for sale or transport



for sale, cocaine base as specified in paragraph (1) of subdivision



(f) of Section 11054 of the Health and Safety Code.



   (7) Any person who is convicted of violating Section 11352 of the



Health and Safety Code by selling or offering to sell cocaine base as



specified in paragraph (1) of subdivision (f) of Section 11054 of



the Health and Safety Code.



   (8) Any person convicted of violating Section 11379.6, 11382, or



11383 of the Health and Safety Code with respect to methamphetamine,



if he or she has one or more prior convictions for a violation of



Section 11378, 11379, 11379.6, 11380, 11382, or 11383 with respect to



methamphetamine.



   (c) As used in this section, the term "manufacture" refers to the



act of any person who manufactures, compounds, converts, produces,



derives, processes, or prepares, either directly or indirectly by



chemical extraction or independently by means of chemical synthesis.







   (d) The existence of any previous conviction or fact which would



make a person ineligible for probation under this section 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 a plea



of guilty or nolo contendere or by trial by the court siting without



a jury.











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.











1203.075.  Notwithstanding the provisions of Section 1203:



   (a) 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, with the intent to inflict the injury,



personally inflicts great bodily injury 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.



   (4) Kidnapping, in violation of Section 209.



   (5) Burglary of the first degree, as defined in Section 460.



   (6) Rape, in violation of paragraph (2) or (6) of subdivision (a)



of Section 261 or paragraph (1) or (4) of subdivision (a) of Section



262.



   (7) Assault with intent to commit rape or sodomy, in violation of



Section 220.



   (8) Escape, in violation of Section 4530 or 4532.



   (9) A violation of subdivision (a) of Section 289.



   (10) Sodomy, in violation of Section 286.



   (11) Oral copulation, in violation of Section 288a.



   (12) Carjacking, in violation of Section  215.



   (13) Kidnapping, in violation of Section 209.5.



   (b) (1) The existence of any fact which 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 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.



   (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.



   (3) As used in subdivision (a), "great bodily injury" means "great



bodily injury" as defined in Section 12022.7.















1203.076.  Any  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



shall, as a condition thereof, be confined in the county jail for at



least 180 days.  The imposition of the minimum 180-day sentence shall



be imposed in every case where probation has been granted, except



that the court may, in an unusual case where the interests of justice



would best be served, absolve a person from spending the 180-day



sentence in the county jail 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.



















1203.08.  (a) Notwithstanding any other law, probation shall not be



granted to, nor shall the execution or imposition of sentence be



suspended for, any 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 which 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 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.











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.



















1203.09.  (a) Notwithstanding any other law, probation shall not  be



granted to, nor shall the execution or imposition of sentence be



suspended for, any 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 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 which 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" means "great



bodily injury" 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, any 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 which



results in physical injury which requires professional medical



treatment, carjacking, robbery, or mayhem.















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.











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.











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.



   (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) The defendant shall pay a minimum of a two-hundred-dollar



($200) payment to be disbursed as specified in this paragraph.  If,



after a hearing in court on the record, the court finds that the



defendant does not have the ability to pay, the court may reduce or



waive this fee.



   Out of moneys deposited with the county treasurer pursuant to this



section, one-third 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.  The remainder



shall be transferred, once a month, to the Controller for deposit in



the Domestic Violence Fund, which is hereby created, in an amount



equal to two-thirds of funds collected during the preceding month.



Moneys deposited in the Domestic Violence Fund pursuant to this



section shall be available upon appropriation by the Legislature, and



shall be distributed as follows:



   (A) One-half shall be distributed to the counties, based on 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 data bank system.



   (B) One-half shall support the development of 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 Health Services, in consultation with the



statewide domestic violence coalition, which is eligible to receive



funding under this section.



   (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 classtime duration.



   (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 exist:



   (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 his or her 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 battered women's



shelter, 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 battered women'



s shelter, 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 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.  In no event shall any



order to make payments to a battered women's shelter be made if it



would impair the ability of the defendant to pay direct restitution



to the victim or court-ordered child support.  Where the injury to a



married person is caused in whole or in part by the criminal acts of



his or her 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 refuse to



enroll the defendant if it is determined 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 that 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 paragraph



(4) 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 programs that



have been approved by the probation department pursuant to paragraph



(5).  The probation department shall do all 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 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 cost 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 any 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, any



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 reflects the



defendant's progress during the defendant's participation in the



batterer's program.











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 the maximum possible term of the sentence, except as



hereinafter set forth, 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.



   However, where the maximum possible term of the sentence is five



years or less, then the period of suspension of imposition or



execution of sentence may, in the discretion of the court, continue



for not over five years.  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.



   (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 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 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 by the



department, 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 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 his or her dependents or to pay any fine imposed or



reparation condition, to keep an account of his or her 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 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 his or her 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 his or her 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



(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).



   (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 Section 12101 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 his or her 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) Upon conviction of any offense involving child abuse or



neglect, the court may require, in addition to any or all of the



above-mentioned terms of imprisonment, fine, and other reasonable



conditions, that the defendant shall 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.



   (j) The court may impose and require any or all of the



above-mentioned terms of imprisonment, fine, and conditions, 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) If the court orders restitution to be made to the victim, the



board of supervisors may add a fee to cover the actual administrative



cost of collecting restitution but not to exceed 10 percent of the



total amount ordered to be paid.  The fees shall be paid into the



general fund of the county treasury for the use and benefit of the



county.











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.















1203.1ab.  Upon conviction of any offense involving the unlawful



possession, use, sale, or other furnishing of any controlled



substance, as defined in Chapter 2 (commencing with Section 11053) of



Division 10 of the Health and Safety Code, in addition to any or all



of the terms of imprisonment, fine, and other reasonable conditions



specified in or permitted by Section 1203.1, unless it makes a



finding that this condition would not serve the interests of justice,



the court, when recommended by the probation officer, shall require



as a condition of probation that the defendant shall not use or be



under the influence of any controlled substance and shall submit to



drug and substance abuse testing as directed by the probation



officer.  If the defendant is required to submit to testing and has



the financial ability to pay all or part of the costs associated with



that testing, the court shall order the defendant to pay a



reasonable fee, which shall not exceed the actual cost of the



testing.















1203.1b.  (a) In any case in which a defendant is convicted of an



offense and is the subject of any preplea or presentence



investigation and report, whether or not probation supervision is



ordered by the court, and in any case in which a defendant is granted



probation or given a conditional sentence, the probation officer, or



his or her authorized representative, taking into account any amount



that the defendant is ordered to pay in fines, assessments, and



restitution, shall make a determination of the ability of the



defendant to pay all or a portion of the reasonable cost of any



probation supervision or a conditional sentence, of conducting any



preplea investigation and preparing any preplea report pursuant to



Section 131.3 of the Code of Civil Procedure, of conducting any



presentence investigation and preparing any presentence report made



pursuant to Section 1203, and of processing a jurisdictional transfer



pursuant to Section 1203.9 or of processing a request for interstate



compact supervision pursuant to Sections 11175 to 11179, inclusive,



whichever applies.  The reasonable cost of these services and of



probation supervision or a conditional sentence shall not exceed the



amount determined to be the actual average cost thereof.  A payment



schedule for the reimbursement of the costs of preplea or presentence



investigations based on income shall be developed by the probation



department of each county and approved by the presiding judges of the



municipal and superior courts.  The court shall order the defendant



to appear before the probation officer, or his or her authorized



representative, to make an inquiry into the ability of the defendant



to pay all or a portion of these costs.  The probation officer, or



his or her authorized representative, shall determine the amount of



payment and the manner in which the payments shall be made to the



county, based upon the defendant's ability to pay.  The probation



officer shall inform the defendant that the defendant is entitled to



a hearing, that includes the right to counsel, in which the court



shall make a determination of the defendant's ability to pay and the



payment amount.  The defendant must waive the right to a



determination by the court of his or her ability to pay and the



payment amount by a knowing and intelligent waiver.



   (b) When the defendant  fails to waive the right provided in



subdivision (a) to a determination by the court of his or her ability



to pay and the payment amount, the probation officer shall refer the



matter to the court for the scheduling of a hearing to determine the



amount of payment and the manner in which the payments shall be



made.  The court shall order the defendant to pay the reasonable



costs if it determines that the defendant has the ability to pay



those costs based on the report of the probation officer, or his or



her authorized representative.  The following shall apply to a



hearing conducted pursuant to this subdivision:



   (1) 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 or the probation officer, or his or her authorized



representative.



   (2) At the hearing, if the court determines that the defendant has



the ability to pay all or part of the costs, 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.



   (3) At the hearing, 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.



   (4) When the court determines that the defendant's ability to pay



is different from the determination of the probation officer, the



court shall state on the record the reason for its order.



   (c) The court may hold additional hearings during the probationary



or conditional sentence period to review the defendant's financial



ability to pay the amount, and in the manner, as set by the probation



officer, or his or her authorized representative, or as set by the



court pursuant to this section.



   (d) If practicable, the court shall order or the probation officer



shall set payments pursuant to subdivisions (a) and (b) to be made



on a monthly basis.  Execution may be issued on the order issued



pursuant to this section in the same manner as a judgment in a civil



action.  The order to pay all or part of the costs shall not be



enforced by contempt.



   (e) The term "ability to pay" means the overall capability of the



defendant to reimburse the costs, or a portion of the costs, of



conducting the presentence investigation, preparing the preplea or



presentence report, processing a jurisdictional transfer pursuant to



Section 1203.9, processing requests for interstate compact



supervision pursuant to Sections 11175 to 11179, inclusive, and



probation supervision or conditional sentence, and shall include, but



shall not be limited to, the defendant's:



   (1) Present financial position.



   (2) Reasonably discernible future financial position.  In no event



shall the court consider a period of more than one year from the



date of the hearing for purposes of determining reasonably



discernible future financial position.



   (3) Likelihood that the defendant shall be able to obtain



employment within the one-year period from the date of the hearing.



   (4) Any other factor or factors that may bear upon the defendant's



financial capability to reimburse the county for the costs.



   (f) At any time during the pendency of the judgment rendered



according to the terms of this section, a defendant against whom a



judgment has been rendered may petition the probation officer for a



review of the defendant's financial ability to pay or 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 probation officer and the court shall advise the



defendant of this right at the time of rendering of the terms of



probation or the judgment.



   (g) All sums paid by a defendant pursuant to this section shall be



allocated for the operating expenses of the county probation



department.



   (h) The board of supervisors in any county, by resolution, may



establish a fee for the processing of payments made in installments



to the probation department pursuant to this section, not to exceed



the administrative and clerical costs of the collection of those



installment payments as determined by the board of supervisors,



except that the fee shall not exceed  fifty dollars ($50).



   (i) This section shall be operative in a county upon the adoption



of an ordinance to that effect by the board of supervisors.















1203.1bb.  (a) The reasonable cost of probation determined under



subdivision (a) of Section 1203.1b shall include the cost of



purchasing and installing an ignition interlock device pursuant to



Section 23235 of the Vehicle Code.  Any defendant subject to this



section shall pay the manufacturer of the ignition interlock device



directly for the cost of its purchase and installation, in accordance



with the payment schedule ordered by the court.  If practicable, the



court shall order payment to be made to the manufacturer of the



ignition interlock device within a six-month period.



   This subdivision does not require any county to pay the costs of



purchasing and installing any ignition interlock devices ordered



pursuant to Section 23235 of the Vehicle Code.  The Office of Traffic



Safety shall consult with the presiding judge or his or her designee



in each county to determine an appropriate means, if any, to provide



for installation of ignition interlock devices in cases in which the



defendant has no ability to pay.











1203.1c.  (a) In any case in which a defendant is convicted of an



offense and is ordered to serve a period of confinement in a county



jail, city jail, or other local detention facility as a term of



probation or a conditional sentence, the court may, after a hearing,



make a determination of the ability of the defendant to pay all or a



portion of the reasonable costs of such incarceration, including



incarceration pending disposition of the case. The reasonable cost of



such incarceration shall not exceed the amount determined by the



board of supervisors, with respect to the county jail, and by the



city council, with respect to the city jail,  to be the actual



average cost thereof on a per-day basis.  The court may, in its



discretion, hold additional hearings during the probationary period.



The court may, in its discretion before such hearing, order the



defendant to file a statement setting forth his or her assets,



liability and income, under penalty of perjury, and may order the



defendant to appear before a county officer designated by the board



of supervisors to make an inquiry into the ability of the defendant



to pay all or a portion of such costs.  At the hearing, the defendant



shall be entitled to have the opportunity to be heard in person or



to be represented by counsel, to present witnesses and other



evidence, and to confront and cross-examine adverse witnesses.  A



defendant represented by counsel appointed by the court in the



criminal proceedings shall be entitled to such representation at any



hearing held pursuant to this section.  If the court determines that



the defendant has the ability to pay all or a part of the costs, the



court may set the amount to be reimbursed and order the defendant to



pay that sum to the county, or to the city with respect to



incarceration in the city jail, in the manner in which the court



believes reasonable and compatible with the defendant's financial



ability.  Execution may be issued on the order in the same manner as



on a judgment in a civil action.  The order to pay all or part of the



costs shall not be enforced by contempt.



   If practicable, the court shall order payments to be made on a



monthly basis and the payments shall be made payable to the county



officer designated by the board of supervisors, or to a city officer



designated by the city council with respect to incarceration in the



city jail.



   A payment schedule for reimbursement of the costs of incarceration



pursuant to this section based upon income shall be developed by the



county officer designated by the board of supervisors, or by the



city council with respect to incarceration in the city jail, and



approved by the presiding judges of the municipal and superior



courts.



   (b) "Ability to pay" means the overall capability of the defendant



to reimburse the costs, or a portion of the costs, of incarceration



and includes, but is not limited to, the defendant's:



   (1) Present financial obligations, including family support



obligations, and fines, penalties and other obligations to the court.







   (2) Reasonably discernible future financial position.  In no event



shall the court consider a period of more than one year from the



date of the hearing for purposes of determining reasonable



discernible future position.



   (3) Likelihood that the defendant shall be able to obtain



employment within the one year period from the date of the hearing.



   (4) Any other factor or factors which may bear upon the defendant'



s financial ability to reimburse the county or city for the costs.



   (c) All sums paid by a defendant pursuant to this section shall be



deposited in the general fund of the county or city.



   (d) This section shall be operative in a county upon the adoption



of an ordinance to that effect by the board of supervisors, and shall



be operative in a city upon the adoption of an ordinance to that



effect by the city council.  Such ordinance shall include a



designation of the officer responsible for collection of moneys



ordered pursuant to this section and shall include a determination,



to be reviewed annually, of the average per-day costs of



incarceration in the county jail, city jail, or other local detention



facility.











1203.1d.  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 money as



reimbursement for legal assistance provided by the court, to pay any



cost of probation or probation investigation, or 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 then 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.



   With respect to installment payments and amounts collected by the



Franchise Tax Board pursuant to Section 19280 of the Revenue and



Taxation Code, the board of supervisors may establish the priorities



of payment, first between fines, penalty assessments, and reparation



or restitution, and then between other reimbursable costs.  The board



of supervisors may also establish priorities of payment between



orders or parts of orders in cases where defendants have been ordered



to pay more than one court order.



   Documentary evidence, 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.















1203.1e.  (a) In any case in which a defendant is ordered to serve a



period of confinement in a county jail or other local detention



facility, and the defendant is eligible to be released on parole by



the county board of parole commissioners, the court shall, after a



hearing, make a determination of the ability of the person to pay all



or a portion of the reasonable cost of providing parole supervision.



  The reasonable cost of those services shall not exceed the amount



determined to be the actual average cost of providing parole



supervision.



   (b) If the court determines that the person has the ability to pay



all or part of the costs, the court may set the amount to be



reimbursed and order the person to pay that sum to the county in the



manner in which the court believes reasonable and compatible with the



person's financial ability.  In making a determination of whether a



person has the ability to pay, the court shall take into account the



amount of any fine imposed upon the person and any amount the person



has been ordered to pay in restitution.



   If practicable, the court shall order payments to be made on a



monthly basis as directed by the court.  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 of the costs shall not be enforced by



contempt.



   (c) For the purposes of this section, "ability to pay" means the



overall capability of the person to reimburse the costs, or a portion



of the costs, of providing parole supervision and shall include, but



shall not be limited to, consideration of all of the following



factors:



   (1) Present financial position.



   (2) Reasonably discernible future financial position.  In no event



shall the board consider a period of more than six months from the



date of the hearing for purposes of determining reasonably



discernible future financial position.



   (3) Likelihood that the person shall be able to obtain employment



within the six-month period from the date of the hearing.



   (4) Any other factor or factors which may bear upon the person's



financial capability to reimburse the county for the costs.



   (d) At any time during the pendency of the order made under this



section, a person against whom an order has been made may petition



the court to modify or vacate its previous order on the grounds of a



change of circumstances with regard to the person's ability to pay.



The court shall advise the person of this right at the time of making



the order.



   (e) All sums paid by any person pursuant to this section shall be



deposited in the general fund of the county.



   (f) The parole of any person shall not be denied or revoked in



whole or in part based upon the inability or failure to pay under



this section.



   (g) The county board of parole commissioners shall not have access



to offender financial data prior to the rendering of any parole



decision.



   (h) This section shall become operative on January 1, 1995.















1203.1f.  If practicable, the court shall consolidate the ability to



pay determination hearings authorized pursuant to Sections 987.8,



1203.1b, 1203.1c, 1203.1e, and 1203.1m into one proceeding, and the



determination of ability to pay made at the consolidated hearing may



be used for all purposes relating to these listed sections.



   This section shall become operative on January 1, 1995.















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.















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 which a court is authorized to



require a defendant to pay, upon conviction of any offense involving



sexual assault or attempted sexual assault, including child



molestation, 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.















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.











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.















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 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.  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.  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.















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.















1203.1m.  (a) If a defendant is convicted of an offense and ordered



to serve a period of imprisonment in the state prison, the court may,



after a hearing, make a determination of the ability of the



defendant to pay all or a portion of the reasonable costs of the



imprisonment.  The reasonable costs of imprisonment shall not exceed



the amount determined by the Director of Corrections to be the actual



average cost of imprisonment in the state prison on a per-day basis.







   (b) The court may, in its discretion before any hearing, order the



defendant to file a statement setting forth his or her assets,



liability, and income, under penalty of perjury.  At the hearing, the



defendant shall have the opportunity to be heard in person or



through counsel, to present witnesses and other evidence, and to



confront and cross-examine adverse witnesses.  A defendant who is



represented by counsel appointed by the court in the criminal



proceedings shall be entitled to representation at any hearing held



pursuant to this section.  If the court determines that the defendant



has the ability to pay all or a part of the costs, the court shall



set the amount to be reimbursed and order the defendant to pay that



sum to the Department of Corrections for deposit in the General Fund



in the manner in which the court believes reasonable and compatible



with the defendant's financial ability.  Execution may be issued on



the order in the same manner as on a judgment in a civil action.  The



order to pay all or part of the costs shall not be enforced by



contempt.



   (c) At any time during the pendency of an order made under this



section, a person against whom the order has been made may petition



the court to modify or vacate its previous order on the grounds of a



change of circumstances with regard to the person's ability to pay.



The court shall advise the person of this right at the time of making



the order.



   (d) If the amount paid by the defendant for imprisonment exceeds



the actual average cost of the term of imprisonment actually served



by the defendant, the amount paid by the defendant in excess of the



actual average cost shall be returned to the defendant within 60 days



of his or her release from the state prison.



   (e) For the purposes of this section, in determining a defendant's



ability to pay, the court shall consider the overall ability of the



defendant to reimburse all or a portion of the costs of imprisonment



in light of the defendant's present and foreseeable financial



obligations, including family support obligations, restitution to the



victim, and fines, penalties, and other obligations to the court,



all of which shall take precedence over a reimbursement order made



pursuant to this section.



   (f) For the purposes of this section, in determining a defendant's



ability to pay, the court shall not consider the following:



   (1) The personal residence of the defendant, if any, up to a



maximum amount of the median home sales price in the county in which



the residence is located.



   (2) The personal motor vehicle of the defendant, if any, up to a



maximum amount of ten thousand dollars ($10,000).



   (3) Any other assets of the defendant up to a maximum amount of



the median annual income in California.















1203.2.  (a) At any time during the probationary period of a person



released on probation under the care of a probation officer pursuant



to this chapter, or of a person released on conditional sentence or



summary probation not under the care of a probation officer, if any



probation officer or peace officer has probable cause to believe that



the probationer is violating any term or condition of his or her



probation or conditional sentence, the officer may, without warrant



or other process and at any time until the final disposition of the



case, rearrest the person and bring him or her before the court or



the court may, in its discretion, issue a warrant for his or her



rearrest.  Upon such rearrest, or upon the issuance of a warrant for



rearrest the court may revoke and terminate such probation if the



interests of justice so require and the court, in its judgment, has



reason to believe from the report of the probation officer or



otherwise that the person has violated any of the conditions of his



or her probation, has become abandoned to improper associates or a



vicious life, or has subsequently committed other offenses,



regardless whether he or she has been prosecuted for such offenses.



However, probation shall not be revoked for failure of a person to



make restitution pursuant to Section 1203.04 as a condition of



probation 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



probationary period.



   (b) Upon its own motion or upon the petition of the probationer,



probation officer or the district attorney of the county in which the



probationer is supervised, the court may modify, revoke, or



terminate the probation of the probationer pursuant to this



subdivision.  The court shall give notice of its motion, and the



probation officer or the district attorney shall give notice of his



or her petition to the probationer, his or her attorney of record,



and the district attorney or the probation officer, as the case may



be.  The probationer shall give notice of his or her petition to the



probation 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 officer.  After the receipt



of  a written report from the probation officer, the court shall read



and consider the report and either its motion or the petition and



may modify, revoke, or terminate the probation of the probationer



upon the grounds set forth in subdivision (a) if the interests of



justice so require.



   The notice required by this subdivision may be given to the



probationer upon his or her first court appearance in the proceeding.



  Upon the agreement by the probationer in writing to the specific



terms of a modification or termination of a specific term of



probation, any requirement that the probationer 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 probationer shall be informed of his or her right



to consult with counsel, and if indigent the right to secure court



appointed counsel.  If the probationer waives his or her right to



counsel a written waiver shall be required.  If probationer consults



with counsel and thereafter agrees to a modification or termination



of the term of probation 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 his or her 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 the Youth Authority



if he or she is otherwise eligible for such 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.











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.



















1203.3.  (a) The court shall have 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 so held.



   (b) The exercise of the court's authority in subdivision (a) to



revoke, modify, change, or terminate probation is subject to the



following:



   (1) Before any sentence or term or condition of probation 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.



   (A) If the sentence or term or condition of probation 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) No order shall 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.



   (3) In all 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 by the court discharged 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, 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.



   (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, 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.















1203.4.  (a) In any case in which 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



interests 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 he or she



is not then serving a sentence for any offense, on probation for any



offense, or charged with the commission of any offense, be permitted



by the court to withdraw his or her plea of guilty or plea of nolo



contendere and enter a plea of not guilty; or, if he or she 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



except as noted below, he or she shall thereafter be released from



all penalties and disabilities resulting from the offense of which he



or she has been convicted, except as provided in Section 13555 of



the Vehicle Code.  The probationer shall be informed, in his or her



probation papers, of this right and privilege and his or her 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 him or



her 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.



   Dismissal of an accusation or information pursuant to this section



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 Section 12021.



   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 any



misdemeanor which is within the provisions of subdivision (b) of



Section 42001 of the Vehicle Code, to any violation of subdivision



(c) of Section 286, Section 288, subdivision (c) of Section 288a,



Section 288.5, or subdivision (j) of Section 289, or to any



infraction.



   (c) A person who petitions for a change of plea or setting aside



of a verdict under this section may be required to reimburse the



county for the actual cost of services rendered, whether or not the



petition is granted and the records are sealed or expunged, at a rate



to be determined by the county board of supervisors not to exceed



one hundred twenty dollars ($120), and to reimburse any city for the



actual cost of services rendered, whether or not the petition is



granted and the records are sealed or expunged, at a rate to be



determined by the city council not to exceed one hundred twenty



dollars ($120).  Ability to make this reimbursement shall be



determined by the court using the standards set forth in paragraph



(2) of subdivision (g) of Section 987.8 and shall not be a



prerequisite to a person's eligibility under this section.  The court



may order reimbursement in any case in which the petitioner appears



to have the ability to pay, without undue hardship, all or any



portion of the cost for services established pursuant to this



subdivision.



   (d) No relief shall 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.



   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 provision of



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 288a, Section 288.5, or subdivision (j) of



Section 289, if there are extraordinary circumstances.















1203.4a.  (a) Every defendant convicted of a misdemeanor and not



granted probation shall, at any time after the lapse of one year from



the date of pronouncement of judgment, if he or she 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 any crime and has, since the pronouncement of judgment,



lived an honest and upright life and has conformed to and obeyed the



laws of the land, be permitted by the court to withdraw his or her



plea of guilty or nolo contendere and enter a plea of not guilty; or



if he or she 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 accusatory pleading against such



defendant, who shall thereafter be released from all penalties and



disabilities resulting from the offense of which he has been



convicted, except as provided in Section 12021.1 of this code or



Section 13555 of the Vehicle Code.  The defendant shall be informed



of the provisions of this section, either orally or in writing, at



the time he or she is sentenced.  The defendant may make such



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 such 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.



   This subdivision applies to convictions which occurred before as



well as those occurring after, the effective date of this section.



   (b) Subdivision (a) does not apply to any misdemeanor falling



within the provisions of subdivision (b) of Section 42001 of the



Vehicle Code, or to any infraction.



   (c) A person who petitions for a dismissal of a charge under this



section may be required to reimburse the county for the cost of



services rendered at a rate to be determined by the county board of



supervisors  not to exceed sixty dollars ($60), and to reimburse any



city for the cost of services rendered at a rate to be determined by



the city council not to exceed sixty dollars ($60).  Ability to make



this reimbursement shall be determined by the court using the



standards set forth in paragraph (2) of subdivision (f) of Section



987.8 and shall not be a prerequisite to a person's eligibility under



this section.  The court may order reimbursement in any case in



which the petitioner appears to have the ability to pay, without



undue hardship, all or any portion of the cost for services



established pursuant to this subdivision.















1203.45.  (a) In any case in which a person was under the age of 18



years 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 defendant was acquitted or charges were



dismissed.  If the court finds that the person was under the age of



18 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 which occurred before, as



well as those which 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 any 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, 23152, 23153, or 23220.



   (B) Violation of any 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 any case in which a person was



under the age of 21 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) In any action or proceeding based upon defamation, a court,



upon a showing of good cause, may order any 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.



   (g) A person who petitions for an order sealing a record under



this section may be required to reimburse the county for the actual



cost of services rendered, whether or not the petition is granted and



the records are sealed or expunged, at a rate to be determined by



the county board of supervisors not to exceed one hundred twenty



dollars ($120), and to reimburse any city for the actual cost of



services rendered, whether or not the petition is granted and the



records are sealed or expunged, at a rate to be determined by the



city council not to exceed one hundred twenty dollars ($120).



Ability to make this reimbursement shall be determined by the court



using the standards set forth in paragraph (2) of subdivision (g) of



Section 987.8 and shall not be a prerequisite to a person's



eligibility under this section.  The court may order reimbursement in



any case in which the petitioner appears to have the ability to pay,



without undue hardship, all or any portion of the cost for services



established pursuant to this subdivision.















1203.5.  The offices of adult probation officer, assistant adult



probation officer, and deputy adult probation officer are hereby



created.  The probation officers, assistant probation officers, and



deputy probation officers appointed in accordance with Chapter 2



(commencing with Section 200) of Division 2 of Part 1 of the Welfare



and Institutions Code shall be ex officio adult 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.  Any adult



probation officer may accept appointment as member of the Board of



Corrections and serve in that capacity in addition to his or her



duties as adult probation officer and may receive the per diem



allowance authorized in Section 6025.1.











1203.6.  The adult probation officer shall be appointed and may be



removed for good cause by the judge of the superior court or, in a



county with two superior court judges, by the judge who is senior in



point of service.  In the case of a superior court of more than two



judges, a majority of the judges shall make the appointment, and may



effect removal.



   The salary of the probation officer shall be established by the



board of supervisors.



   The adult probation officer shall appoint and may remove all



assistants, deputies and other persons employed in his department,



and their compensation shall be established, according to the merit



system or civil service system provisions of the county.  If no merit



system or civil service system exists in the county, the board of



supervisors shall provide for appointment, removal, and compensation



of such personnel.



   This section is applicable in a charter county whose charter



establishes the office of adult probation officer and provides that



such officer shall be appointed in accordance with general law



subject to the merit system provisions of the charter.



















1203.9.  (a) Whenever any person is released upon probation, the



case may be transferred to any court of the same rank in any other



county in which the person resides permanently, meaning the stated



intention to remain for the duration of probation; provided that the



court of the receiving county shall first be given an opportunity to



determine whether the person does reside in and has stated the



intention to remain in that county for the duration of probation.  If



the court finds that the person does not reside in or has not stated



an intention to remain in that county for the duration of probation,



it may refuse to accept the transfer.  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.



   (b) If the court of the receiving county finds that the person



does permanently reside in or has permanently moved to the county, it



may, in  its discretion, either accept the entire jurisdiction over



the case, or assume supervision of the probationer on a courtesy



basis.



   (c) The order of transfer shall contain an order committing the



probationer to the care and custody of the probation officer of the



receiving county and an order for reimbursement of reasonable costs



for processing the transfer to be paid to the sending county in



accordance with Section 1203.1b.  A copy of the orders and probation



reports shall be transmitted to the court and probation officer of



the receiving county within two weeks of the finding by that county



that the person does permanently reside in or has permanently moved



to that county, and thereafter the receiving court shall have entire



jurisdiction over the case, with the like power to again request



transfer of the case whenever it seems proper.















1203.10.  At the time of the plea or verdict of guilty of any person



over 18 years of age, the probation officer of the county of the



jurisdiction of said 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 report in writing in the records of such court.  When



directed, his report shall contain his recommendation for or against



the release for such person on probation.  If any such person shall



be released on probation and committed to the care of the probation



officer, such officer shall keep a complete and accurate record in



suitable books or other form in writing of the history of the case in



court, and of the name of the probation officer, and his act in



connection with said case; also the age, sex, nativity, residence,



education, habit of temperance, whether married or single, and the



conduct, employment and occupation, and parents' occupation, and



condition of such person committed to his care during the term of



such probation and the result of such probation.  Such record of such



probation officer shall be and constitute 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 the court for that purpose, as



well as of all magistrates, and the chief of police, or other heads



of the police, unless otherwise ordered by the court.  Said books of



records shall be furnished for the use of said probation officer of



said county, and shall be paid for out of the county treasury.



   Five years after termination of probation in any case subject to



this section, the probation officer may destroy any records and



papers in his possession relating to such case.















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.















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.















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.















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.















1203a.  In all counties and cities and counties the courts therein,



having jurisdiction to impose punishment in misdemeanor cases, shall



have the power to refer cases, demand reports and to do and require



all things necessary to carry out the purposes of Section 1203 of



this code insofar as they are in their nature applicable to



misdemeanors.  Any such court shall have power to suspend the



imposing or the execution of the sentence, and to make and enforce



the terms of probation for a period not to exceed three years;



provided, that when the maximum sentence provided by law exceeds



three years imprisonment, the period during which sentence may be



suspended and terms of probation enforced may be for a longer period



than three years, but in such instance, not to exceed the maximum



time for which sentence of imprisonment might be pronounced.















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.















1203c.  Notwithstanding any other provisions of law, whenever a



person is committed to an institution under the jurisdiction of the



Department of Corrections, 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 a report upon the circumstances



surrounding the offense and the prior record and history of the



defendant as may be required by the Administrator of the Youth and



Adult Corrections Agency.  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 Corrections, except that in a case in which defendant is



ineligible for probation a report upon the circumstances surrounding



the offense and the prior record and history of defendant, prepared



by the probation officer on request of the court and filed with the



court before sentence, shall be deemed to meet any such requirements



of form.  In order to allow the probation officer opportunity to



interview, for the purpose of preparation of these reports, the



prisoner 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 Director of Corrections,



unless the probation officer shall have indicated need for a lesser



period of time.















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.















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.



















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.















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).















1205.  (a) A judgment that the defendant pay a fine, with or without



other punishment, may also direct that he or she 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 he or she may theretofore have been sentenced.  Each of these



judgments shall specify the extent of the imprisonment for nonpayment



of the fine, which shall not be more than one day for each thirty



dollars ($30) of the fine, nor exceed in any case the term for which



the defendant might be sentenced to imprisonment for the offense of



which he or she has been convicted.  A defendant held in custody for



nonpayment of a fine shall be entitled to credit on the fine for each



day he or she is so 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 he or she



pay the fine within a limited time or in installments on specified



dates and that in default of payment as therein stipulated he or she



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 forthwith.



   (b) Except as otherwise provided in case of fines imposed,



including restitution fines or restitution orders, as conditions of



probation, the defendant shall pay the fine to the clerk of the



court, or to the judge thereof if there is no clerk, unless the



defendant is taken into custody for nonpayment of the fine, in which



event payments made while he or she is in custody shall be made to



the officer who holds him or her in custody and all amounts so paid



shall be forthwith paid over by the officer to the court which



rendered the judgment.  The clerk shall report to the court every



default in payment of a fine or any part thereof, 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 him or her to



show cause why he or she should not be imprisoned until the fine or



installment thereof, as the case may be, is satisfied in full.  If



the fine, restitution fine, restitution order, or installment, is



payable forthwith and it is not so 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 thereof, as the case may be, 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.



   Nothing in this section shall be construed to prohibit the clerk



of the court, or the judge thereof if there is no clerk, from turning



these accounts over to another county department or a collecting



agency for processing and collection.



   (d) The defendant shall pay to the clerk of the court or the



collecting agency a fee for the processing of installment accounts.



This fee shall equal the administrative and clerical costs, as



determined by the board of supervisors, except that the fee shall not



exceed thirty-five dollars ($35).  The Legislature hereby authorizes



the establishment of the following program described in this



section, to be implemented in any county, upon the adoption of a



resolution by the board of supervisors authorizing it.  The board of



supervisors in any county may establish a fee for the processing of



accounts receivable that are not to be paid in installments.  The



defendant shall pay to the clerk of the court or the collecting



agency the fee established for the processing of the accounts.  The



fee shall equal the administrative and clerical costs, as determined



by the board of supervisors, except that the fee shall not exceed



thirty dollars ($30).



   (e) This section shall only apply to restitution fines and



restitution orders if the defendant has defaulted on the payment of



other fines.















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.















1207.  When judgment upon a conviction is rendered, the clerk, or if



there is no clerk, the judge, must enter the same 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.



















1208.  (a) 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 it 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.



   Notwithstanding any other provision of 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.



   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 Corrections, and a provision



whereby the private agency or entity agrees to operate in compliance



with Section 1208.2, which provides that no eligible person shall be



denied consideration for, or be removed from, participation in a work



furlough program because of an inability to pay all or a portion of



the program fees.  The private agency or entity shall select and



train its personnel in accordance with selection and training



requirements adopted by the Board of 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.



   All private work furlough facilities and programs shall be



inspected biennially by the Board of 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 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 of a misdemeanor 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 he or she



concludes that the person is a fit subject to continue in his or her



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 himself or herself, 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 he or she



concludes that the person is a fit subject to continue in his or her



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 himself or herself, unless the court at



the time of sentencing has ordered that person not be granted work



furloughs.  The work furlough administrator may, if he or she



concludes that the person is a fit subject to continue in his or her



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 himself or herself, 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 his or her 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 himself



or herself, 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) 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



him or her 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.







   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) In the event the prisoner violates the conditions laid down



for his or her 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



he or she 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 as provided through the Job Training Partnership



Act (Public Law 97-300; 29 U.S.C.A. Sec. 1501 et seq.).



   (k) This section shall be known and may be cited as the "Cobey



Work Furlough Law."











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 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 which implements programs



identified in paragraph (1) of subdivision (a), may prescribe a



program administrative fee and an application fee, that together



shall not exceed the pro rata cost of the program to which the person



is accepted, including equipment, supervision, and other operating



costs, except as provided in paragraph (2).



   (2) With regard to a privately operated electronic home detention



program pursuant to Section 1203.016, the limitation, described in



paragraph (1), in prescribing a program administrative fee and



application fee shall not apply.



   (c) The correctional administrator, or his or her designee, shall



not have access to a person's financial data prior to granting or



denying a person's participation in, or assigning a person to, any of



the programs governed by this section.



   (d) The correctional administrator, or his or her designee, shall



not consider a person's ability or inability to pay all or a portion



of the program fee for the purposes of granting or denying a person's



participation in, or assigning a person to, any of the programs



governed by this section.



   (e) For purposes of this section, "ability to pay" means the



overall capability of the person to reimburse the costs, or a portion



of the costs, of providing supervision and shall include, but shall



not be limited to, consideration of all of the following factors:



   (1) Present financial position.



   (2) Reasonably discernible future financial position.  In no event



shall the administrator, or his or her designee, consider a period



of more than six months from the date of acceptance into the program



for purposes of determining reasonably discernible future financial



position.



   (3) Likelihood that the person shall be able to obtain employment



within the six-month period from the date of acceptance into the



program.



   (4) Any other factor that may bear upon the person's financial



capability to reimburse the county for the fees fixed pursuant to



subdivision (b).



   (f) The administrator, or his or her designee, may charge a person



the fee set by the board of supervisors or any portion of the fee



and may determine the method and frequency of payment.  Any fee the



administrator, or his or her designee, charges pursuant to this



section shall not in any case be in excess of the fee set by the



board of supervisors and shall be based on the person's ability to



pay.  The administrator, or his or her designee, shall have the



option to waive the fees for program supervision when deemed



necessary, justified, or in the interests of justice.  The fees



charged for program supervision may be modified or waived at any time



based on the changing financial position of the person.  All fees



paid by persons for program supervision shall be deposited into the



general fund of the county.



   (g) No person shall be denied consideration for, or be removed



from, participation in any of the programs to which this section



applies because of an inability to pay all or a portion of the



program supervision fees.  At any time during a person's sentence,



the person may request that the administrator, or his or her



designee, modify or suspend the payment of fees on the grounds of a



change in circumstances with regard to the person's ability to pay.



   (h) If the person and the administrator, or his or her designee,



are unable to come to an agreement regarding the person's ability to



pay, or the amount which is to be paid, or the method and frequency



with which payment is to be made, the administrator, or his or her



designee, shall advise the appropriate court of the fact that the



person and administrator, or his or her designee, have not been able



to reach agreement and the court shall then resolve the disagreement



by determining the person's ability to pay, the amount which is to be



paid, and the method and frequency with which payment is to be made.







   (i) At the time a person is approved for any of the programs to



which this section applies, the administrator, or his or her



designee, shall furnish the person a written statement of the person'



s rights in regard to the program for which the person has been



approved, including, but not limited to, both of the following:



   (1) The fact that the  person cannot be denied consideration for



or removed from participation in the program because of an inability



to pay.



   (2) The fact that if the  person is unable to reach agreement with



the administrator, or his or her designee, regarding the person's



ability to pay, the amount which is to be paid, or the manner and



frequency with which payment is to be made, that the matter shall be



referred to the court to resolve the differences.



   (j) In all circumstances where a county board of supervisors has



approved a program administrator, as described in Sections 1203.016



and 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.



   (k) This section shall remain operative until January 1, 1999, and



as of that date is repealed.











1208.3.  The administrator is not prohibited by subdivision (c) of



Section 1208.2 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) That the prisoner is covered under an appropriate or suitable



workers' compensation insurance plan as may otherwise be required by



law.



   The purpose of the verification shall be solely to insure 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 remain operative until January 1, 1999, and



as of that date is repealed.











1208.5.  The boards of supervisors of two or more counties having



work furlough programs established pursuant to Section 1208, home



detention programs established pursuant to Section 1203.016, or



county parole programs established pursuant to Article 3.5



(commencing with Section 3074) of Chapter 8 of Title 1 of Part 3, 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 from the



custody of the sheriff, administrator, as defined in paragraph (2) of



subdivision (a) of Section 1208.2, or their designees, of the county



in which he or she is confined, to the custody of the appropriate



administrator 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



that county's work furlough program, home detention program, or



county parole program.  These agreements 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, corrections administrator, county



home detention program administrator, county board of parole



commissioners, county parole administrator, or their designees.



   This section shall remain operative until January 1, 1999, and as



of that date is repealed.















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.















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.
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