(Subd (a) amended effective February 20, 2014; previously amended effective November 1, 2012.)
As used in this rule:
(Subd (b) amended effective November 1, 2012.)
Transfers may be made only after noticed motion in the transferring court.
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.
(Subd (d) amended effective November 1, 2012.)
The transferring court must consider at least the following factors when determining whether transfer is appropriate:
(Subd (f) amended effective November 1, 2012.)
((Subd (g) amended effective January 1, 2021; previously amended effective November 1, 201, and January 1, 2017.))
(Subd (h) adopted effective January 1, 2017.)
Cal. R. Ct. 4.530
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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