2009 California Penal Code - Section 1213-1227.5 :: Chapter 2. The Execution

PENAL CODE
SECTION 1213-1227.5

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, 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.

1213.5.  The abstract of judgment provided for in Section 1213 shall
be prescribed by the Judicial Council.

1214.  (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation or parole or
has completed diversion is enforceable by the California Victim
Compensation and Government Claims Board pursuant to this section.
Notwithstanding any other provision of law prohibiting disclosure,
the state, as defined in Section 900.6 of the Government Code, a
local public entity, as defined in Section 900.4 of the Government
Code, or any other entity, may provide the California Victim
Compensation and Government Claims Board any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases, or of a restitution fee for
completed diversion cases. For purposes of the preceding sentence,
"state, as defined in Section 900.6 of the Government Code," and "any
other entity" shall not include the Franchise Tax Board.
   (b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an order to
pay restitution is satisfied.
   (c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
   (1) In a misdemeanor case.
   (2) In a case involving violation of a city or town ordinance.
   (3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
   (d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04 as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994, or to a diversion restitution fee ordered
pursuant to Section 1001.90.

1214.1.  (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any 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 in the Trial Court Trust Fund, as
provided in Section 68085.1 of the Government Code.
   (b) The assessment shall not become effective until at least 10
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.
   (c) If a civil assessment is imposed under this section, 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 under 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.

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.

1214.5.  (a) In any case in which the defendant is ordered to pay
more than fifty dollars ($50) in restitution as a condition of
probation, the court may, as an additional condition of probation
since the court determines that the defendant has the ability to pay,
as defined in Section 1203.1b(b), order the defendant to pay
interest at the rate of 10 percent per annum on the principal amount
remaining unsatisfied.
   (b) (1) Except as provided in paragraph (2), interest commences to
accrue on the date of entry of the judgment or order.
   (2) Unless the judgment or order otherwise provides, if
restitution is payable in installments, interest commences to accrue
as to each installment on the date the installment becomes due.

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.

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.

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.

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.

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.

1227.  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 appointing a day upon which the judgment shall be executed,
which must not be less than 30 days nor more than 60 days from the
time of making such order; and immediately thereafter, a certified
copy of such 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 at a specified time, which shall not be less than 30
days nor more than 60 days from the time of making such order.
   From an order fixing the time for and directing the execution of
such judgment as herein provided, there shall be no appeal.

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.

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