reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1 - The Judgment › Section 1208.3.

1208.3. The administrator is not prohibited from verifying any of the following:
(a) That the prisoner is receiving wages at a rate of pay not less than the prevailing minimum wage requirement as provided for in subdivision (c) of Section 1208.
(b) That the prisoner is working a specified minimum number of required hours.
(c) (1) That the prisoner is covered under an appropriate or suitable workers’ compensation insurance plan as may otherwise be required by law.
(2) The purpose of the verification shall be solely to ensure that the prisoner’s employment rights are being protected, that the prisoner is not being taken advantage of, that the job is suitable for the prisoner, and that the prisoner is making every reasonable effort to make a productive contribution to the community.
(d) This section shall become operative on July 1, 2021.
(Repealed (in Sec. 59) and added by Stats. 2020, Ch. 92, Sec. 60. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1 - The Judgment › Section 1208.5.

1208.5. The boards of supervisors of two or more counties having work furlough programs may enter into agreements whereby a person sentenced to, or imprisoned in, the jail of one county, but regularly residing in another county or regularly employed in another county, may be transferred by the sheriff of the county in which he or she is confined to the jail of the county in which he or she resides or is employed, in order that he or she may be enabled to continue in his or her regular employment or education in the other county through the county’s work furlough program. This agreement may make provision for the support of transferred persons by the county from which they are transferred. The board of supervisors of any county may, by ordinance, delegate the authority to enter into these agreements to the work furlough administrator.
This section shall become operative on January 1, 1999.
(Amended (as added by Stats. 1991, Ch. 437, Sec. 8) by Stats. 1994, Ch. 770, Sec. 5. Effective January 1, 1995. Section operative January 1, 1999, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1 - The Judgment › Section 1209.5.

1209.5. (a) Notwithstanding any other law, the court shall permit a person convicted of an infraction, upon a showing that payment of the total fine would pose a hardship on the defendant or the defendant’s family, to elect to perform community service in lieu of the total fine that would otherwise be imposed.
(b) For purposes of this section, the term “total fine” means the total bail, including the base fine and all assessments, penalties, and additional moneys to be paid by the defendant.
(c) (1) For purposes of this section, the hourly rate applicable to community service performed pursuant to this section shall be double the minimum wage set for the applicable calendar year, based on the schedule for an employer who employs 25 or fewer employees, as established in paragraph (2) of subdivision (b) of Section 1182.12 of the Labor Code.
(2) Notwithstanding paragraph (1), a court may by local rule increase the amount that is credited for each hour of community service performed pursuant to this section, to exceed the hourly rate described in paragraph (1).
(d) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine, the person may elect to perform that community service in the county in which the infraction violation occurred, the county of the person’s residence, or any other county to which the person has substantial ties, including, but not limited to, employment, family, or education ties.
(2) Regardless of the county in which the person elects to perform community service pursuant to paragraph (1), the court shall retain jurisdiction until the community service has been verified as complete.
(e) (1) If the court determines that a person who has been convicted of an infraction has shown that payment of the total fine would pose a hardship pursuant to subdivision (a) and the person has elected to perform community service in lieu of paying the total fine pursuant to subdivision (d), the court may, in its discretion, permit a person to participate in an educational program to satisfy community service hours.
(2) As used in this subdivision, an educational program includes, but is not limited to, high school or General Education Development classes, college courses, adult literacy or English as a second language programs, and vocational education programs.
(Amended by Stats. 2021, Ch. 598, Sec. 1. (SB 71) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1 - The Judgment › Section 1210.

1210. As used in Sections 1210.1 and 3063.1 of this code, and Division 10.8 (commencing with Section 11999.4) of the Health and Safety Code, the following definitions apply:
(a) The term “nonviolent drug possession offense” means the unlawful personal use, possession for personal use, or transportation for personal use of any controlled substance identified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or the offense of being under the influence of a controlled substance in violation of Section 11550 of the Health and Safety Code. The term “nonviolent drug possession offense” does not include the possession for sale, production, or manufacturing of any controlled substance and does not include violations of Section 4573.6 or 4573.8.
(b) The term “drug treatment program” or “drug treatment” means a state licensed or certified community drug treatment program, which may include one or more of the following: drug education, outpatient services, narcotic replacement therapy, residential treatment, detoxification services, and aftercare services. The term “drug treatment program” or “drug treatment” includes a drug treatment program operated under the direction of the Veterans Health Administration of the Department of Veterans Affairs or a program specified in Section 8001. That type of program shall be eligible to provide drug treatment services without regard to the licensing or certification provisions required by this subdivision. The term “drug treatment program” or “drug treatment” does not include drug treatment programs offered in a prison or jail facility.
(c) The term “successful completion of treatment” means that a defendant who has had drug treatment imposed as a condition of probation has completed the prescribed course of drug treatment as recommended by the treatment provider and ordered by the court. Completion of treatment shall not require cessation of narcotic replacement therapy.
(d) The term “misdemeanor not related to the use of drugs” means a misdemeanor that does not involve (1) the simple possession or use of drugs or drug paraphernalia, being present where drugs are used, or failure to register as a drug offender, or (2) any activity similar to those listed in (1).
(Amended by Stats. 2023, Ch. 481, Sec. 2. (SB 46) Effective January 1, 2024. Note: This section was added on Nov. 7, 2000, by initiative Prop. 36.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1 - The Judgment › Section 1210.2.

1210.2. (a) (1) Upon appropriation by the Legislature, the Board of State and Community Corrections shall award funding for a grant program to four or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers.
(2) The demonstration projects shall use risk assessments at sentencing when a misdemeanor conviction results in a term of probation to identify high-risk misdemeanants and to place these misdemeanants on formal probation that combines supervision with individually tailored programs, graduated sanctions, or incentives that address behavioral or treatment needs to achieve rehabilitation and successful completion of probation. The formal probation program may include incentives such as shortening probation terms as probationers complete the individually tailored program or probation requirements.
(3) The demonstration projects shall evaluate the probation completion and recidivism rates for project participants and may compare them to control groups to evaluate program efficacy. The board shall determine criteria for awarding the grants on a competitive basis that shall take into consideration the ability of a county to conduct a formal misdemeanor probation project for high-risk misdemeanor probationers, including components that align with evidence-based practices in reducing recidivism, including, but not limited to, risk and needs assessment, programming to help with drug or alcohol abuse, mental illness, or housing, and the support of the superior court if the application is from a county probation department.
(b) The board shall develop reporting requirements for each county receiving a grant to report the results of the demonstration project. The reports may include, but are not limited to, the use of risk assessment, the formal probation program components, the number of individuals who were placed on formal probation, the number of individuals who were placed on informal probation, and the number of individuals in each group who were subsequently convicted of a new offense.
(c) (1) The board shall prepare a report that compiles the information it receives from each county receiving a grant, as described in subdivision (b). The report shall be completed and distributed to the Legislature and county criminal justice officials two years after an appropriation by the Legislature for this section.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(d) This section shall remain in effect until January 1, 2026, and as of that date is repealed.
(Added by Stats. 2022, Ch. 856, Sec. 6. (AB 2294) Effective September 30, 2022. Repealed as of January 1, 2026, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1 - The Judgment › Section 1210.5.

1210.5. In a case where a person has been ordered to undergo drug treatment as a condition of probation, any court ordered drug testing shall be used as a treatment tool. In evaluating a probationer’s treatment program, results of any drug testing shall be given no greater weight than any other aspects of the probationer’s individual treatment program.
(Added by Stats. 2001, Ch. 721, Sec. 4. Effective October 11, 2001.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1 - The Judgment › Section 1210.6.

1210.6. (a) When the court considers a petition for relief under this chapter, in its discretion and in the interests of justice, an unfulfilled order of restitution or restitution fine shall not be grounds to deny relief under this chapter to a person whose probation was conditioned on making victim restitution, if the person otherwise qualifies for relief pursuant to this chapter.
(b) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not fulfill the conditions of probation for the entire period of probation.
(c) An unfulfilled order of restitution or restitution fine shall not be grounds for finding that a defendant did not fully comply with, and perform the sentence of, the court or finding that a defendant has not lived an honest and upright life and has not conformed to and obeyed the laws of the land.
(Added by Stats. 2022, Ch. 734, Sec. 9. (SB 1106) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.7.

1210.7. (a) Notwithstanding any other provisions of law, a county probation department may utilize continuous electronic monitoring to electronically monitor the whereabouts of persons on probation, as provided by this chapter.
(b) Any use of continuous electronic monitoring pursuant to this chapter shall have as its primary objective the enhancement of public safety through the reduction in the number of people being victimized by crimes committed by persons on probation.
(c) It is the intent of the Legislature in enacting this chapter to specifically encourage a county probation department acting pursuant to this chapter to utilize a system of continuous electronic monitoring that conforms with the requirements of this chapter.
(d) For purposes of this chapter, “continuous electronic monitoring” may include the use of worldwide radio navigation system technology, known as the Global Positioning System, or GPS. The Legislature finds that because of its capability for continuous surveillance, continuous electronic monitoring has been used in other parts of the country to monitor persons on formal probation who are identified as requiring a high level of supervision.
(e) The Legislature finds that continuous electronic monitoring has proven to be an effective risk management tool for supervising high-risk persons on probation who are likely to reoffend where prevention and knowledge of their whereabouts is a high priority for maintaining public safety.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.8.

1210.8. A county probation department may utilize a continuous electronic monitoring device pursuant to this section that has all of the following attributes:
(a) A device designed to be worn by a human being.
(b) A device that emits a signal as a person is moving or is stationary. The signal shall be capable of being received and tracked across large urban or rural areas, statewide, and being received from within structures, vehicles, and other objects to the degree technically feasible in light of the associated costs, design, and other considerations as are determined relevant by the county probation department.
(c) A device that functions 24 hours a day.
(d) A device that is resistant or impervious to unintentional or willful damage.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.9.

1210.9. (a) A continuous electronic monitoring system may have the capacity to immediately notify a county probation department of violations, actual or suspected, of the terms of probation that have been identified by the monitoring system if the requirement is deemed necessary by the county probation officer with respect to an individual person.
(b) The information described in subdivision (a), including geographic location and tampering, may be used as evidence to prove a violation of the terms of probation.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.10.

1210.10. A county probation department shall establish the following standards as are necessary to enhance public safety:
(a) Standards for the minimum time interval between transmissions of information about the location of the person under supervision. The standards shall be established after an evaluation of, at a minimum, all of the following:
(1) The resources of the county probation department.
(2) The criminal history of the person under supervision.
(3) The safety of the victim of the persons under supervision.
(b) Standards for the accuracy of the information identifying the location of the person under supervision. The standards shall be established after consideration of, at a minimum, all of the following:
(1) The need to identify the location of a person proximate to the location of a crime, including a violation of probation.
(2) Resources of the probation department.
(3) The need to avoid false indications of proximity to crimes.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.11.

1210.11. (a) A county probation department operating a system of continuous electronic monitoring pursuant to this section shall establish prohibitions against unauthorized access to, and use of, information by private or public entities as may be deemed appropriate. Unauthorized access to, and use of, electronic signals includes signals transmitted in any fashion by equipment utilized for continuous electronic monitoring.
(b) Devices used pursuant to this section shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant that is to be used solely for the purposes of voice identification.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.12.

1210.12. (a) A county chief probation officer shall have the sole discretion, consistent with the terms and conditions of probation, to decide which persons shall be supervised using continuous electronic monitoring administered by the county probation department. No individual shall be required to participate in continuous electronic monitoring authorized by this chapter for any period of time longer than the term of probation.
(b) The county chief probation officer shall establish written guidelines that identify those persons on probation subject to continuous electronic monitoring authorized by this chapter. These guidelines shall include the need for enhancing monitoring in comparison to other persons not subject to the enhanced monitoring and the public safety needs that will be served by the enhanced monitoring.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.13.

1210.13. A county chief probation officer may revoke, in his or her discretion, the continuous monitoring of any individual.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.14.

1210.14. Whenever a probation officer supervising an individual has reasonable cause to believe that the individual is not complying with the rules or conditions set forth for the use of continuous electronic monitoring as a supervision tool, the probation officer supervising the individual may, without a warrant of arrest, take the individual into custody for a violation of probation.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 1.4 - Electronic Monitoring › Section 1210.16.

1210.16. It is the intent of the Legislature that continuous electronic monitoring established pursuant to this chapter maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply:
(a) The chief probation officer may administer continuous electronic monitoring pursuant to written contracts and appropriate public or private agencies or entities to provide specified supervision services. No public or private agency or entity may operate a continuous electronic monitoring system as authorized by this section in any county without a written contract with the county’s probation department. No public or private agency or entity entering into a contract may itself employ any person who is a participant in continuous electronic monitoring surveillance.
(b) The county board of supervisors, the chief probation officer, and designees of the chief probation officer shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section.
(Added by Stats. 2005, Ch. 484, Sec. 1. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1213.

1213. (a) When a probationary order or a judgment, other than of death, has been pronounced, a copy of the entry of that portion of the probationary order ordering the defendant confined in a city or county jail as a condition of probation, or a copy of the entry of the judgment, or, if the judgment is for imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, either a copy of the minute order or an abstract of the judgment as provided in Section 1213.5, certified by the clerk of the court, and a Criminal Investigation and Identification (CII) number shall be forthwith furnished to the officer whose duty it is to execute the probationary order or judgment, and no other warrant or authority is necessary to justify or require its execution.
(b) If a copy of the minute order is used as the commitment document, the first page or pages shall be identical in form and content to that prescribed by the Judicial Council for an abstract of judgment, and other matters as appropriate may be added thereafter.
(Amended by Stats. 2011, Ch. 15, Sec. 457. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1213.5.

1213.5. The abstract of judgment provided for in Section 1213 shall be prescribed by the Judicial Council.
(Amended by Stats. 1986, Ch. 248, Sec. 164.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1214.1.

1214.1. (a) On or after July 1, 2022, in addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to one hundred dollars ($100) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited with the county treasurer as provided in Section 1463.001, and transmitted to the State Treasurer for deposit into the General Fund.
(b) (1) The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendant’s last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2) Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge.
(c) If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d) The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e) Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
(Amended by Stats. 2022, Ch. 57, Sec. 18. (AB 199) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1214.2.

1214.2. (a) Except as provided in subdivision (c), if a defendant is ordered to pay a fine as a condition of probation, the order to pay a fine may be enforced during the term of probation in the same manner as is provided for the enforcement of money judgments.
(b) Except as provided in subdivision (c), an order to pay a fine as a condition of probation may also be enforced as follows:
(1) With respect to a willful failure to pay during the term of probation, in the same manner as a violation of the terms and conditions of probation.
(2) If any balance remains unpaid at the end of the term of probation, in the same manner as a judgment in a civil action.
(c) If an order to pay a fine as a condition of probation is stayed, a writ of execution shall not issue until the stay is lifted.
(Added by Stats. 1987, Ch. 454, Sec. 1. Effective September 9, 1987.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1215.

1215. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be committed to the custody of the proper officer and by him or her detained until the judgment is complied with. Where, however, the court has suspended sentence, or where, after imposing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in Section 1203, the defendant, if over the age of 16 years, shall be placed under the care and supervision of the probation officer of the court committing him or her, until the expiration of the period of probation and the compliance with the terms and conditions of the sentence, or of the suspension thereof. Where, however, the probation has been terminated as provided in Section 1203, and the suspension of the sentence, or of the execution revoked, and the judgment pronounced, the defendant shall be committed to the custody of the proper officer and be detained until the judgment be complied with.
(Amended by Stats. 1987, Ch. 828, Sec. 80.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1216.

1216. If the judgment is for imprisonment in the state prison, the sheriff of the county shall, upon receipt of a certified abstract or minute order thereof, take and deliver the defendant to the warden of the state prison. The sheriff also shall deliver to the warden the certified abstract of the judgment or minute order, a Criminal Investigation and Identification (CII) number, a Confidential Medical/Mental Health Information Transfer Form indicating that the defendant is medically capable of being transported, and take from the warden a receipt for the defendant.
(Amended by Stats. 1998, Ch. 767, Sec. 1. Effective January 1, 1999.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1217.

1217. When judgment of death is rendered, a commitment signed by the judge, and attested by the clerk under the seal of the court must be drawn and delivered to the sheriff. It must state the conviction and judgment, and must direct the sheriff to deliver the defendant, within 10 days from the time of judgment, to the warden of the State prison of this State designated by the State Board of Prison Directors for the execution of the death penalty, to be held pending the decision upon his appeal.
(Amended by Stats. 1943, Ch. 107.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1218.

1218. The judge of the court at which a judgment of death is had, must, immediately after the judgment, transmit to the Governor, by mail or otherwise, a statement of the conviction and judgment, and a complete transcript of all the testimony given at the trial including any arguments made by respective counsel and a copy of the clerk’s transcript.
(Amended by Stats. 1961, Ch. 1648.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1219.

1219. The Governor may thereupon require the opinion of the Justices of the Supreme Court and of the Attorney General, or any of them, upon the statement so furnished.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1227.

1227. (a) If for any reason other than the pendency of an appeal pursuant to subdivision (b) of Section 1239 of this code a judgment of death has not been executed, and it remains in force, the court in which the conviction was had shall, on application of the district attorney, or may upon its own motion, make and cause to be entered an order specifying a period of 10 days during which the judgment shall be executed. The 10-day period shall begin no less than 30 days after the order is entered and shall end no more than 60 days after the order is entered. Immediately after the order is entered, a certified copy of the order, attested by the clerk, under the seal of the court, shall, for the purpose of execution, be transmitted by registered mail to the warden of the state prison having the custody of the defendant; provided, that if the defendant be at large, a warrant for his apprehension may be issued, and upon being apprehended, he shall be brought before the court, whereupon the court shall make an order directing the warden of the state prison to whom the sheriff is instructed to deliver the defendant to execute the judgment within a period of 10 days, which shall not begin less than 30 days nor end more than 60 days from the time of making such order.
(b) From an order fixing the time for and directing the execution of such judgment as herein provided, there shall be no appeal.
(Amended November 8, 2016, by initiative Proposition 66, Sec. 4.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 2 - The Execution › Section 1227.5.

1227.5. Notwithstanding Section 1227, where a judgment of death has not been executed by reason of a stay or reprieve granted by the Governor, the execution shall be carried out on the day immediately after the period of the stay or reprieve without further judicial proceedings.
(Added by Stats. 1961, Ch. 1648.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1228.

1228. The Legislature finds and declares all of the following:
(a) In 2007, nearly 270,000 felony offenders were subject to probation supervision in California’s communities.
(b) In 2007, out of 46,987 new admissions to state prison, nearly 20,000 were felony offenders who were committed to state prison after failing probation supervision.
(c) Probation is a judicially imposed suspension of sentence that attempts to supervise, treat, and rehabilitate offenders while they remain in the community under the supervision of the probation department. Probation is a linchpin of the criminal justice system, closely aligned with the courts, and plays a central role in promoting public safety in California’s communities.
(d) Providing sustainable funding for improved, evidence-based probation supervision practices and capacities will improve public safety outcomes among adult felons who are on probation. Improving felony probation performance, measured by a reduction in felony probationers who are sent to prison because they were revoked on probation or convicted of another crime while on probation, will reduce the number of new admissions to state prison, saving taxpayer dollars and allowing a portion of those state savings to be redirected to probation for investing in community corrections programs.
(Added by Stats. 2009, Ch. 608, Sec. 2. (SB 678) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1229.

1229. As used in this chapter, the following definitions apply:
(a) “Community corrections” means the placement of persons convicted of a felony offense under probation supervision, mandatory supervision, or postrelease community supervision for a specified period.
(b) “Chief probation officer” or “CPO” means the chief probation officer for the county or city and county in which an adult offender is subject to probation for the conviction of a felony offense.
(c) “Community corrections program” means a program established pursuant to this act consisting of a system of services for felony offenders under local supervision dedicated to all of the following goals:
(1) Enhancing public safety through the management and reduction of offender risk while under local supervision and upon reentry from jail or prison into the community.
(2) Providing a range of supervision tools, sanctions, and services applied to felony offenders subject to local supervision based on a risk and needs assessment for the purpose of reducing criminal conduct and promoting behavioral change that results in reducing recidivism and promoting the successful reintegration of offenders into the community.
(3) Maximizing offender restitution, reconciliation, and restorative services to victims of crime.
(4) Holding offenders accountable for their criminal behaviors and for successful compliance with applicable court orders and conditions of supervision.
(5) Improving public safety outcomes for persons subject to local supervision for a felony offense, as measured by their successful completion of the period of local supervision and the commensurate reduction in the rate of offenders sent to prison as a result of a revocation of supervision or conviction of a new crime.
(d) “Evidence-based practices” refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under local supervision.
(e) “Local supervision” means the supervision of an adult felony offender on probation, mandatory supervision, or postrelease community supervision.
(Amended by Stats. 2013, Ch. 31, Sec. 10. (SB 75) Effective June 27, 2013.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1230.1.

1230.1. (a) Each county local Community Corrections Partnership established pursuant to subdivision (b) of Section 1230 shall recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment.
(b) The plan shall be voted on by an executive committee of each county’s Community Corrections Partnership consisting of the chief probation officer of the county as chair, a chief of police, the sheriff, the District Attorney, the Public Defender, the presiding judge of the superior court, or his or her designee, and one department representative listed in either subparagraph (G), (H), or (J) of paragraph (2) of subdivision (b) of Section 1230, as designated by the county board of supervisors for purposes related to the development and presentation of the plan.
(c) The plan shall be deemed accepted by the county board of supervisors unless the board rejects the plan by a vote of four-fifths of the board, in which case the plan goes back to the Community Corrections Partnership for further consideration.
(d) Consistent with local needs and resources, the plan may include recommendations to maximize the effective investment of criminal justice resources in evidence-based correctional sanctions and programs, including, but not limited to, day reporting centers, drug courts, residential multiservice centers, mental health treatment programs, electronic and GPS monitoring programs, victim restitution programs, counseling programs, community service programs, educational programs, and work training programs.
(Amended (as added by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 33. (AB 117) Effective June 30, 2011. Addition and amendment operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1232.

1232. Commencing no later than 18 months following the initial receipt of funding pursuant to this chapter and annually thereafter, the Judicial Council, in consultation with the Department of Corrections and Rehabilitation, the Department of Finance, and the Chief Probation Officers of California, shall submit to the Governor and the Legislature a comprehensive report on the implementation of this chapter. The report shall include, but not be limited to, all of the following information:
(a) The effectiveness of the community corrections program based on the reports of performance-based outcome measures required in Section 1231.
(b) The percentage of offenders subject to local supervision whose supervision was revoked and who were sent to prison for the year on which the report is being made.
(c) The percentage of offenders subject to local supervision who were convicted of crimes during their term of supervision for the year on which the report is being made.
(d) The impact of the moneys appropriated pursuant to this chapter to enhance public safety by reducing the percentage and number of offenders subject to local supervision whose supervision was revoked for the year being reported on for violations or new convictions, and to reduce the number of offenders subject to local supervision who are sentenced to prison for a new conviction for the year on which the report is being made.
(e) Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal, or local entities for improvements to this chapter.
(Amended by Stats. 2015, Ch. 26, Sec. 16. (SB 85) Effective June 24, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.3.

1233.3. Annually, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall calculate a statewide performance incentive payment for each eligible county for the most recently completed calendar year, as follows:
(a) For a county identified as having a return to prison rate less than 1.5 percent, the incentive payment shall be equal to 100 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive.
(b) For a county identified as having a return to prison rate of 1.5 percent or greater, but not exceeding 3.2 percent, the incentive payment shall be equal to 70 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive.
(c) For a county identified as having a return to prison rate of more than 3.2 percent, not exceeding 5.5 percent, the incentive payment shall be equal to 60 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011 –12 fiscal year to the 2014–15 fiscal year, inclusive.
(d) For a county identified as having a return to prison rate of more than 5.5 percent, not exceeding 6.1 percent, the incentive payment shall be equal to 50 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive.
(e) For a county identified as having a return to prison rate of more than 6.1 percent, not exceeding 7.9 percent, the incentive payment shall be equal to 40 percent of the highest year of funding that a county received for the California Community Incentive Grant Program from the 2011–12 fiscal year to the 2014–15 fiscal year, inclusive.
(f) A county that fails to provide information specified in Section 1231 to the Administrative Office of the Courts is not eligible for a statewide performance incentive payment.
(g) This section shall not be used to calculate incentive payments for the 2021–22 fiscal year.
(Amended by Stats. 2021, Ch. 80, Sec. 5. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.4.

1233.4. The Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council, shall, for the most recently completed calendar year, annually calculate a county performance incentive payment for each eligible county. A county shall be eligible for compensation for each of the following:
(a) The estimated number of felons on probation that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (d) of Section 1233.1, multiplied by 35 percent of the state’s costs to incarcerate a prison felony offender in a contract facility, as defined in subdivision (a) of Section 1233.1.
(b) The estimated number of felons on mandatory supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (h) of Section 1233.1, multiplied by 35 percent of the state’s costs to incarcerate a prison felony offender in a contract facility, as defined in subdivision (a) of Section 1233.1.
(c) The estimated number of felons on postrelease community supervision that were successfully prevented from being incarcerated in the state prison as calculated in subdivision (k) of Section 1233.1, multiplied by 35 percent of the state’s costs to incarcerate a prison felony offender in a contract facility, as defined in subdivision (a) of Section 1233.1.
(d) This section shall not be used to calculate incentive payments for the 2021–22 fiscal year.
(Amended by Stats. 2021, Ch. 80, Sec. 6. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.5.

1233.5. If data of sufficient quality and of the types required for the implementation of this chapter are not available to the Director of Finance, the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, and Judicial Council, shall use the best available data to estimate the statewide performance incentive payments and county performance incentive payments utilizing a methodology that is as consistent with that described in this chapter as is reasonably possible.
(Amended by Stats. 2015, Ch. 26, Sec. 24. (SB 85) Effective June 24, 2015.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 8 - OF JUDGMENT AND EXECUTION › CHAPTER 3 - California Community Corrections Performance Incentives › Section 1233.6.

1233.6. (a) A statewide performance incentive payment calculated pursuant to Section 1233.3 and a county performance incentive payment calculated pursuant to Section 1233.4 for any calendar year shall be provided to a county in the following fiscal year. The total annual payment to a county shall be divided into four equal quarterly payments.
(b) The Department of Finance shall include an estimate of the total statewide performance incentive payments and county performance incentive payments to be provided to counties in the coming fiscal year as part of the Governor’s proposed budget released no later than January 10 of each year. This estimate shall be adjusted by the Department of Finance, as necessary, to reflect the actual calculations of probation failure reduction incentive payments and high performance grants completed by the Director of Finance, in consultation with the Department of Corrections and Rehabilitation, the Joint Legislative Budget Committee, the Chief Probation Officers of California, and the Judicial Council. This adjustment shall occur as part of standard budget revision processes completed by the Department of Finance in April and May of each year.
(c) There is hereby established, in the State Treasury, the State Community Corrections Performance Incentives Fund, which is continuously appropriated. Moneys appropriated for purposes of statewide performance incentive payments and county performance incentive payments authorized in Sections 1230 to 1233.6, inclusive, shall be transferred into this fund from the General Fund. Any moneys transferred into this fund from the General Fund shall be administered by the Judicial Council and the share calculated for each county probation department shall be transferred to its Community Corrections Performance Incentives Fund authorized in Section 1230.
(d) For each fiscal year, the Director of Finance shall determine the total amount of the State Community Corrections Performance Incentives Fund and the amount to be allocated to each county, pursuant to this section and Sections 1230 to 1233.5, inclusive, and shall report those amounts to the Controller. The Controller shall make an allocation from the State Community Corrections Performance Incentives Fund authorized in subdivision (c) to each county in accordance with the amounts provided.
(e) Notwithstanding Section 13340 of the Government Code, commencing July 1, 2014, and each fiscal year thereafter, the amount of one million dollars ($1,000,000) is hereby continuously appropriated from the State Community Corrections Performance Incentives Fund to the Judicial Council for the costs of implementing and administering this program, pursuant to subdivision (c), and the 2011 realignment legislation addressing public safety.
(f) This section does not apply to incentive payments made during the 2021–22 fiscal year.
(Amended by Stats. 2021, Ch. 80, Sec. 7. (AB 145) Effective July 16, 2021.)