California

Criminal Procedure

Criminal Procedure

Rule 4.530 – Intercounty transfer of probation and mandatory supervision cases

(a) Application This rule applies to intercounty transfers of probation and mandatory supervision cases under Penal Code section 1203.9.

(Subd (a) amended effective February 20, 2014; previously amended effective November 1, 2012.)

(b) Definitions

As used in this rule:

(1) “Transferring court” means the superior court of the county in which the supervised person is supervised on probation or mandatory supervision.
(2) “Receiving court” means the superior court of the county to which transfer of the case and probation or mandatory supervision is proposed.

(Subd (b) amended effective November 1, 2012.)

(c) Motion

Transfers may be made only after noticed motion in the transferring court.

(d) Notice

(1) If transfer is requested by the probation officer of the transferring county, the probation officer must provide written notice of the date, time, and place set for hearing on the motion to:

(A) The presiding judge of the receiving court or his or her designee;
(B) The probation officer of the receiving county or his or her designee;
(C) The prosecutor of the transferring county;
(D) The victim (if any);
(E) The supervised person; and
(F) The supervised person’s last counsel of record (if any).
(2) If transfer is requested by any other party, the party must first request in writing that the probation officer of the transferring county notice the motion. The party may make the motion to the transferring court only if the probation officer refuses to do so. The probation officer must notify the party of his or her decision within 30 days of the party’s request. Failure by the probation officer to notify the party of his or her decision within 30 days is deemed a refusal to make the motion.
(3) If the party makes the motion, the motion must include a declaration that the probation officer has refused to bring the motion, and the party must provide written notice of the date, time, and place set for hearing on the motion to:

(A) The presiding judge of the receiving court or his or her designee;
(B) The probation officers of the transferring and receiving counties or their designees;
(C) The prosecutor of the transferring county;
(D) The supervised person; and
(E) The supervised person’s last counsel of record (if any).

Upon receipt of notice of a motion for transfer by a party, the probation officer of the transferring county must provide notice to the victim, if any.

(4) Notice of a transfer motion must be given at least 60 days before the date set for hearing on the motion.
(5) Before deciding a transfer motion, the transferring court must confirm that notice was given to the receiving court as required by (1) and (3).

(Subd (d) amended effective November 1, 2012.)

(e) Comment

(1) No later than 10 days before the date set for hearing on the motion, the receiving court may provide comments to the transferring court regarding the proposed transfer.
(2) Any comments provided by the receiving court must be in writing and signed by a judge and must state why transfer is or is not appropriate.
(3) Before deciding a transfer motion, the transferring court must state on the record that it has received and considered any comments provided by the receiving court.
(f) Factors

The transferring court must consider at least the following factors when determining whether transfer is appropriate:

(1) The permanency of the supervised person’s residence. As used in this subdivision, “residence” means the place where the supervised person customarily lives exclusive of employment, school, or other special or temporary purpose. A supervised person may have only one residence. The fact that the supervised person intends to change residence to the receiving county, without further evidence of how, when, and why this is to be accomplished, is insufficient to transfer probation;
(2) The availability of appropriate programs for the supervised person, including substance abuse, domestic violence, sex offender, and collaborative court programs;
(3) Restitution orders, including whether transfer would impair the ability of the receiving court to determine a restitution amount or impair the ability of the victim to collect court-ordered restitution; and
(4) Victim issues, including:

(A) The residence and places frequented by the victim, including school and workplace; and
(B) Whether transfer would impair the ability of the court, law enforcement, or the probation officer of the transferring county to properly enforce protective orders.

(Subd (f) amended effective November 1, 2012.)

(g) Transfer

(1) If the transferring court determines that the permanent residence of the supervised person is in the county of the receiving court, the transferring court must transfer the case unless it determines that transfer would be inappropriate and states its reasons on the record.
(2) To the extent possible, the transferring court must establish any amount of restitution owed by the supervised person before it orders the transfer.
(3) Transfer is effective the date the transferring court orders the transfer. Upon transfer of the case, the receiving court must accept the entire jurisdiction over the case.
(4) The orders for transfer must include an order committing the supervised person 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 county of the transferring court in accordance with Penal Code section 1203.1 b.
(5) Upon transfer of the case, the transferring court must transmit the entire original court file to the receiving court in all cases in which the supervisee is the sole defendant, except the transferring court shall not transfer (A) exhibits or (B) any records of payments.If transfer is ordered in a case involving more than one defendant, the transferring court must transmit certified copies of the entire original court file, except exhibits and any records of payments, to the receiving court upon transfer of the case.
(6) A certified copy of the entire court file may be electronically transmitted if an original paper court file does not exist. Upon receipt of an electronically transmitted certified copy of the entire court file from the transferring court, the receiving court must deem it an original file.
(7) Upon transfer, the probation officer of the transferring county must transmit, at a minimum, any court orders, probation reports, or mandatory supervision case plans to the probation officer of the receiving county.
(8) Upon transfer of the case, the probation officer of the transferring county must notify the supervised person of the transfer order. The supervised person must report to the probation officer of the receiving county no later than 30 days after transfer unless the transferring court orders the supervised person to report sooner. If the supervised person is in custody at the time of transfer, the supervised person must report to the probation officer of the receiving county no later than 30 days after being released from custody unless the transferring court orders the supervised person to report sooner. Any jail sentence imposed as a condition of probation prior to transfer must be served in the transferring county unless otherwise authorized by law.
(9) Upon transfer of the case, only the receiving court may certify copies from the case file.

((Subd (g) amended effective January 1, 2021; previously amended effective November 1, 201, and January 1, 2017.))

(h) Court-ordered debt

(1) In accordance with Penal Code section 1203.9(d) and (e):

(A) If the transferring court has ordered the defendant to pay fines, fees, forfeitures, penalties, assessments, or restitution, the transfer order must require that those and any other amounts ordered by the transferring court that are still unpaid at the time of transfer be paid by the defendant to the collection program for the transferring court for proper distribution and accounting once collected.
(B) The receiving court and receiving county probation department may impose additional local fees and costs as authorized.
(C) Upon approval of a transferring court, a receiving court may elect to collect all of the court-ordered payments from a defendant attributable to the case under which the defendant is being supervised.
(2) Policies and procedures for implementation of the collection, accounting, and disbursement of court-ordered debt under this rule must be consistent with Judicial Council fiscal procedures available at www.courts.ca.gov.

(Subd (h) adopted effective January 1, 2017.)

Cal. R. Ct. 4.530

Rule 4.530 amended effective January 1, 2021; Rule 4.530 amended effective January 1, 2017; adopted effective July 1, 2010; previously amended effective November 1, 2012, andFebruary 20, 2014.

Advisory Committee Comment

Subdivision (g)(5) requires the transferring court to transmit the entire original court file, except exhibits and any records of payments, to the court of the receiving county in all cases in which the supervisee is the sole defendant. Before transmitting the entire original court file, transferring courts should consider retaining copies of the court file in the event of an appeal or a writ. In cases involving more than one defendant, subdivision (g)(5) requires the transferring court to transmit certified copies of the entire original court file to ensure that transferring courts are able to properly adjudicate any pending or future codefendant proceedings. Only documents related to the transferring defendant must be transmitted to the receiving court.

Subdivision (g)(7) clarifies that any jail sentence imposed as a condition of probation or mandatory supervision before transfer must be served in the transferring county unless otherwise authorized by law. For example, Penal Code section 1208.5 authorizes the boards of supervisors of two or more counties with work furlough programs to enter into agreements to allow work-furlough-eligible persons sentenced to or imprisoned in one county jail to transfer to another county jail.

Subdivision (h) requires defendants still owing fines, fees, forfeitures, penalties, assessments, or restitution to pay the transferring court’s collection program. In counties where the county probation department collects this court-ordered debt, the term “collection program” is intended to include the county probation department.

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