CHAPTER 1. The Judgment [1191. - 1210.6.]

Chapter 1 enacted 1872.

§§ 1191–1210.6 · 141 sections

§ 1191 In a felony case, after a plea, finding, or verdict of guilty, or after a finding or verdict against the defendant on a plea of a former conviction or…
§ 1191.1 The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, have the…
§ 1191.10 The definition of the term “victim” as used in Section 1191.1 includes any insurer or employer who was the victim of workers’ compensation fraud for the crimes…
§ 1191.15 (a) The court may permit the victim of any crime, his or her parent or guardian if the victim is a minor, or the next of kin of the victim if the victim has…
§ 1191.16 The victim of any crime, or the parents or guardians of the victim if the victim is a minor, or the next of kin of the victim if the victim has died, who…
§ 1191.2 In providing notice to the victim pursuant to Section 1191.1, the probation officer shall also provide the victim with information concerning the victim’s…
§ 1191.21 (a) (1) The Office of Emergency Services shall develop and make available a “notification of eligibility” card for victims and derivative victims of crimes as…
§ 1191.25 The prosecution shall make a good faith attempt to notify any victim of a crime which was committed by, or is alleged to have been committed by, an in-custody…
§ 1191.3 (a) At the time of sentencing or pronouncement of judgment in which sentencing is imposed, the court shall make an oral statement that statutory law permits…
§ 1192 Upon a plea of guilty, or upon conviction by the court without a jury, of a crime or attempted crime distinguished or divided into degrees, the court must,…
§ 1192.1 Upon a plea of guilty to an information or indictment accusing the defendant of a crime or attempted crime divided into degrees when consented to by the…
§ 1192.2 Upon a plea of guilty before a committing magistrate as provided in Section 859a, to a crime or attempted crime divided into degrees, when consented to by the…
§ 1192.3 (a) A plea of guilty or nolo contendere to an accusatory pleading charging a public offense, other than a felony specified in Section 1192.5 or 1192.7, which…
§ 1192.4 If the defendant’s plea of guilty pursuant to Section 1192.1 or 1192.2 is not accepted by the prosecuting attorney and approved by the court, the plea shall be…
§ 1192.5 (a) Upon a plea of guilty or nolo contendere to an accusatory pleading charging a felony, other than a violation of paragraph (2), (3), or (6) of subdivision…
§ 1192.6 (a) In each felony case in which the charges contained in the original accusatory pleading are amended or dismissed, the record shall contain a statement…
§ 1192.7 (a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,”…
§ 1192.8 (a) For purposes of subdivision (c) of Section 1192.7, “serious felony” also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section…
§ 1193 Judgment upon persons convicted of commission of crime shall be pronounced as follows: (a) (1) If the conviction is for a felony, the defendant shall be…
§ 1194 When the defendant is in custody, the Court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so.
§ 1195 If the defendant has been released on bail, or has deposited money or property instead thereof, and does not appear for judgment when his personal appearance…
§ 1196 (a) The clerk must, at any time after the order, issue a bench warrant into one or more counties. (b) The clerk shall require the appropriate agency to enter…
§ 1197 The bench warrant must be substantially in the following form: County of ____ The people of the State of California to any peace officer in this State: ______…
§ 1198 The bench warrant may be served in any county in the same manner as a warrant of arrest.
§ 1199 Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the…
§ 1200 When the defendant appears for judgment he must be informed by the Court, or by the Clerk, under its direction, of the nature of the charge against him and of…
§ 1201 He or she may show, for cause against the judgment: (a) That he or she is insane; and if, in the opinion of the court, there is reasonable ground for believing…
§ 1201.3 (a) Upon the conviction of a defendant for a sexual offense involving a minor victim or, in the case of a minor appearing in juvenile court, if a petition is…
§ 1201.5 Any motions made subsequent to judgment must be made only upon written notice served upon the prosecution at least three days prior to the date of hearing…
§ 1202 If no sufficient cause is alleged or appears to the court at the time fixed for pronouncing judgment, as provided in Section 1191, why judgment should not be…
§ 1202a If the judgment is for imprisonment in the state prison the judgment shall direct that the defendant be delivered into the custody of the Director of…
§ 1202.05 (a) Whenever a person is sentenced to the state prison on or after January 1, 1993, for violating Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5, or 289,…
§ 1202.1 (a) Notwithstanding Sections 120975 and 120990 of the Health and Safety Code, the court shall order every person who is convicted of, or adjudged by the court…
§ 1202.4 (a) (1) It is the intent of the Legislature that a victim of a crime who incurs an economic loss as a result of the commission of a crime shall receive…
§ 1202.41 (a) (1) Notwithstanding Section 977 or any other law, if a defendant is currently incarcerated in a state prison with two-way audiovideo communication…
§ 1202.42 Upon entry of a restitution order under subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, paragraph (3) of…
§ 1202.43 (a) The restitution fine imposed pursuant to subdivision (a) of Section 13967 of the Government Code, as operative on or before September 28, 1994,…
§ 1202.44 In every case in which a person is convicted of a crime and a conditional sentence or a sentence that includes a period of probation is imposed, the court…
§ 1202.45 (a) In every case where a person is convicted of a crime and his or her sentence includes a period of parole, the court shall, at the time of imposing the…
§ 1202.46 Notwithstanding Section 1170, when the economic losses of a victim cannot be ascertained at the time of sentencing pursuant to subdivision (f) of Section…
§ 1202.5 (a) In any case in which a defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470, 484, 487, subdivision (a) of Section 487a,…
§ 1202.51 In any case in which a defendant is convicted of any of the offenses enumerated in Section 372, 373a, 374.3, 374.4, 374.7, or 374.8, the court shall order the…
§ 1202.6 Notwithstanding Sections 120975, 120980, and 120990 of the Health and Safety Code, upon the first conviction of a person for a violation of subdivision (b) of…
§ 1202.7 The Legislature finds and declares that the provision of probation services is an essential element in the administration of criminal justice. The safety of…
§ 1202.8 (a) Persons placed on probation by a court shall be under the supervision of the county probation officer who shall determine both the level and type of…
§ 1203 (a) As used in this code, “probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in…
§ 1203.01 (a) Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court a…
§ 1203.016 (a) Notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator, as defined in subdivision (g), to offer…
§ 1203.017 (a) Notwithstanding any other provision of law, upon determination by the correctional administrator that conditions in a jail facility warrant the necessity…
§ 1203.018 (a) Notwithstanding any other law, this section shall only apply to inmates being held in lieu of bail and on no other basis. (b) Notwithstanding any other…
§ 1203.02 The court, or judge thereof, in granting probation to a defendant convicted of any of the offenses enumerated in Section 290 of this code shall inquire into…
§ 1203.03 (a) In any case in which a defendant is convicted of an offense punishable by imprisonment in the state prison, the court, if it concludes that a just…
§ 1203.044 (a) (1) In instances where a defendant is charged with a controlled substance offense and granted probation, the court shall order a drug treatment program or…
§ 1203.045 (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any…
§ 1203.046 (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any…
§ 1203.047 A person convicted of a violation of paragraph (1), (2), (4), or (5) of subdivision (c) of Section 502, or of a felony violation of paragraph (3), (6), (7), or…
§ 1203.048 (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any…
§ 1203.049 (a) Except in unusual cases where the interest of justice would best be served if the person is granted probation, probation shall not be granted to any person…
§ 1203.05 Any report of the probation officer filed with the court, including any report arising out of a previous arrest of the person who is the subject of the report,…
§ 1203.055 (a) (1) Notwithstanding any other law, in sentencing a person convicted of committing or of attempting to commit one or more of the offenses listed in…
§ 1203.06 (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding…
§ 1203.065 (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is…
§ 1203.066 (a) Notwithstanding Section 1203 or any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor…
§ 1203.067 (a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 264.1, 286, 287, 288, 288.5,…
§ 1203.07 (a) Notwithstanding Section 1203 and except as provided in subdivision (c), probation shall not be granted to, nor shall the execution or imposition of…
§ 1203.074 (a) A person convicted of a felony specified in subdivision (b) may be granted probation only in an unusual case where the interests of justice would best be…
§ 1203.075 (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, nor shall a finding…
§ 1203.076 A person convicted of violating Section 11352 of the Health and Safety Code relating to the sale of cocaine, cocaine hydrochloride, or heroin, or Section…
§ 1203.08 (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, an adult person…
§ 1203.085 (a) Any person convicted of an offense punishable by imprisonment in the state prison but without an alternate sentence to a county jail shall not be granted…
§ 1203.09 (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who commits…
§ 1203.095 (a) Except as provided in subdivision (b), but notwithstanding any other provision of law, if any person convicted of a violation of paragraph (2) of…
§ 1203.096 (a) Upon conviction of any felony in which the defendant is sentenced to state prison and in which the court makes the findings set forth in subdivision (b), a…
§ 1203.097 (a) If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall…
§ 1203.098 (a) Unless otherwise provided, a person who works as a facilitator in a batterers’ intervention program that provides programs for batterers pursuant to…
§ 1203.099 (a) The Counties of Napa, Sacramento, San Luis Obispo, Santa Barbara, Santa Clara, Santa Cruz, and Yolo may offer a program for individuals convicted of…
§ 1203.1 (a) The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension…
§ 1203.1a The probation officer of the county may authorize the temporary removal under custody or temporary release without custody of any inmate of the county jail,…
§ 1203.1ab (a) Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, as defined in Chapter 2…
§ 1203.1bb (a) If a defendant is granted probation and ordered to install an ignition interlock device, the defendant shall be required to pay the cost of purchasing and…
§ 1203.1d (a) In determining the amount and manner of disbursement under an order made pursuant to this code requiring a defendant to make reparation or restitution to a…
§ 1203.1f If practicable, the court shall consolidate the ability to pay determination hearings authorized by this code into one proceeding, and the determination of…
§ 1203.1g In any case in which a defendant is convicted of sexual assault on a minor, and the defendant is eligible for probation, the court, as a condition of…
§ 1203.1h (a) In addition to any other costs which a court is authorized to require a defendant to pay, upon conviction of any offense involving child abuse or neglect,…
§ 1203.1i (a) In any case in which a defendant is convicted of a violation of any building standards adopted by a local entity by ordinance or resolution, including, but…
§ 1203.1j In any case in which the defendant is convicted of assault, battery, or assault with a deadly weapon on a victim 65 years of age or older, and the defendant…
§ 1203.1k For any order of restitution made under Section 1203.1, the court may order the specific amount of restitution and the manner in which restitution shall be…
§ 1203.1l In any case in which, pursuant to Section 1203.1, the court orders the defendant, as a condition of probation, to make restitution to a public agency for the…
§ 1203.2 (a) At any time during the period of supervision of a person (1) released on probation under the care of a probation officer pursuant to this chapter, (2)…
§ 1203.2a If any defendant who has been released on probation is committed to a prison in this state or another state for another offense, the court which released him…
§ 1203.25 (a) All persons released by a court at or after the initial hearing and prior to a formal probation violation hearing pursuant to subdivision (a) of Section…
§ 1203.3 (a) The court has the authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of…
§ 1203.35 (a) (1) In any case in which the court grants probation or imposes a sentence that includes mandatory supervision, the county probation department is…
§ 1203.4 (a) (1) When a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the…
§ 1203.4a (a) Every defendant convicted of a misdemeanor and not granted probation, and every defendant convicted of an infraction shall, at any time after the lapse of…
§ 1203.4b (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, pursuant to…
§ 1203.41 (a) If a defendant is convicted of a felony, the court, in its discretion and in the interest of justice, may order the following relief, subject to the…
§ 1203.42 (a) If a defendant was sentenced prior to the implementation of the 2011 Realignment Legislation for a crime for which the defendant would otherwise have been…
§ 1203.425 (a) (1) (A) Commencing October 1, 2024, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review…
§ 1203.43 (a) (1) The Legislature finds and declares that the statement in Section 1000.4, that “successful completion of a deferred entry of judgment program shall not,…
§ 1203.44 (a) The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as “Hope California,” consistent with this…
§ 1203.45 (a) When a person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, the relief provided by…
§ 1203.47 (a) A person who was found to be a person described in Section 602 of the Welfare and Institutions Code by reason of the commission of an offense described in…
§ 1203.49 If a defendant has been convicted of solicitation or prostitution, as described in subdivision (b) of Section 647, and if the defendant has completed any term…
§ 1203.5 The chief probation officers, assistant probation officers, and deputy probation officers appointed in accordance with Chapter 16 (commencing with Section…
§ 1203.7 (a) Either at the time of the arrest for a crime of any person over 16 years of age, or at the time of the plea or verdict of guilty, the probation officer of…
§ 1203.71 Any of the duties of the probation officer may be performed by a deputy probation officer and shall be performed by him or her whenever detailed to perform…
§ 1203.72 Except as provided in subparagraph (D) of paragraph (2) of subdivision (b) of Section 1203, no court shall pronounce judgment upon any defendant, as to whom…
§ 1203.73 The probation officers and deputy probation officers in all counties of the state shall be allowed those necessary incidental expenses incurred in the…
§ 1203.74 Upon a determination that, in his or her opinion, staff and financial resources available to him or her are insufficient to meet his or her statutory or court…
§ 1203.8 (a) A county may develop a multiagency plan to prepare and enhance nonviolent felony offenders’ successful reentry into the community. The plan shall be…
§ 1203.9 (a) (1) Except as provided in paragraph (3), whenever a person is released on probation or mandatory supervision, the court, upon noticed motion, shall…
§ 1203.10 (a) At the time of the plea or verdict of guilty of any person over 18 years of age, a probation officer of the county of the jurisdiction of the criminal…
§ 1203.11 A probation or parole officer or parole agent of the Department of Corrections may serve any process regarding the issuance of a temporary restraining order or…
§ 1203.12 The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms and…
§ 1203.13 The probation officer of any county may establish, or assist in the establishment of, any public council or committee having as its object the prevention of…
§ 1203.14 Notwithstanding any other provision of law, probation departments may engage in activities designed to prevent adult delinquency. These activities include…
§ 1203a (a) In all counties and cities and counties, the courts therein, having jurisdiction to impose punishment in misdemeanor cases, may refer cases, demand…
§ 1203b All courts shall have power to suspend the imposition or execution of a sentence and grant a conditional sentence in misdemeanor and infraction cases without…
§ 1203c (a) (1) Notwithstanding any other law, whenever a person is committed to an institution under the jurisdiction of the Department of Corrections and…
§ 1203d No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.10, unless a copy of the…
§ 1203e (a) Commencing June 1, 2010, the probation department shall compile a Facts of Offense Sheet for every person convicted of an offense that requires him or her…
§ 1203f Every probation department shall ensure that all probationers under active supervision who are deemed to pose a high risk to the public of committing sex…
§ 1203g (a) Notwithstanding Section 1203a, for a violation of shoplifting, as defined in Section 459.5, or petty theft, as described in Section 488 or 490.2, the court…
§ 1203h If the court initiates an investigation pursuant to subdivision (a) or (d) of Section 1203 and the convicted person was convicted of violating any section of…
§ 1204 The circumstances shall be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to…
§ 1204.1 (a) The Legislature finds and declares that environmental crimes are public welfare offenses resulting from violations of statutes designed to safeguard…
§ 1204.5 (a) In any criminal action, after the filing of any complaint or other accusatory pleading and before a plea, finding, or verdict of guilty, no judge shall…
§ 1205 (a) A judgment that the defendant pay a fine, with or without other punishment, may also direct that the defendant be imprisoned until the fine is satisfied…
§ 1205.3 In any case in which a defendant is convicted of an offense and granted probation, and the court orders the defendant either to pay a fine or to perform…
§ 1207 When judgment upon a conviction is rendered, the clerk must enter the judgment in the minutes, stating briefly the offense for which the conviction was had,…
§ 1208 (a) (1) The provisions of this section, insofar as they relate to employment, shall be operative in any county in which the board of supervisors by ordinance…
§ 1208.2 (a) (1) This section shall apply to individuals authorized to participate in a work furlough program pursuant to Section 1208, or to individuals authorized to…
§ 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…
§ 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…
§ 1209 Upon conviction of any criminal offense for which the court orders the confinement of a person in the county jail, or other suitable place of confinement,…
§ 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…
§ 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…
§ 1210.1 (a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offense shall…
§ 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…
§ 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…