1203.9 Intercounty Probation Case Transfers
Roster of Probation Department Contacts
for 1203.9 Transfers
E-Mail all County 1203.9 Transfer Contacts
Form A-9091 Judicial Comment
Form A-9090 Notice-Motion for Transfer
Form A-9090 Transfer Findings and Orders
Financial Transfer Form
Financial Transfer Instructions
Judicial
Council of California - Administrative Office of the Courts - Rules
(Effective July 1, 2010)
Interstate Commission for Adult
Offender Supervision
Mario Fox, CDCR
Penal Code section 1203.9: Probation; transfer of cases; jurisdiction;
rules
(a) Whenever a person is released on probation, the court, upon noticed
motion, shall transfer the case to the superior court in any other county
in which the person resides permanently, meaning with the stated intention
to remain for the duration of probation, unless the transferring court
determines that the transfer would be inappropriate and states its reasons
on the record. Upon notice of the motion for transfer, the court of the
proposed receiving county may provide comments for the record regarding
the proposed transfer, following procedures set forth in rules of court
developed by the Judicial Council for this purpose, pursuant to subdivision
(e). 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) The court of the receiving county shall accept the entire jurisdiction
over the case.
(c) Notwithstanding subdivision (a), whenever a person is granted probation
under Section 1210.1, the sentencing court shall transfer jurisdiction
of the entire case, upon a finding by the receiving court of the person's
permanent residency in the receiving county, unless there is a determination
on the record that the transfer would be inappropriate.
(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 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.
(e) The Judicial Council shall promulgate rules of court for procedures
by which the proposed receiving county shall receive notice of the motion
for transfer and by which responsive comments may be transmitted to the
court of the transferring county. The Judicial Council shall adopt rules
providing factors for the court's consideration when determining the appropriateness
of a transfer, including, but not limited to, the following:
(1) Permanency of residence of the offender.
(2) Local programs available for the offender.
(3) Restitution orders and victim issues.
