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California Penal Code Section 1203.9

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 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) Except as provided in subdivision (c), 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) Whenever a person is granted probation under Section 1210.1,
the sentencing court may, in its discretion, transfer jurisdiction of
the entire case, upon a finding by the receiving court of the person'
s permanent residency in the receiving county.
   (d) 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.

Last modified: January 12, 2009