Title 8: Of Judgment and Execution | Chapter 1: The Judgment

§ 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, … § 1191.10 The definition of the term “victim” as used in Section 1191. § 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 vict… § 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, … § 1191.2 In providing notice to the victim pursuant to Section 1191. § 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 c… § 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… § 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 p… § 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 … § 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 t… § 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 t… § 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. § 1192.4 If the defendant’s plea of guilty pursuant to Section 1192.1 or 1192. § 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 sub… § 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 statem… § 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 s… § 1192.8 (a) For purposes of subdivision (c) of Section 1192.7, “serious felony” also means any violation of Section 191. § 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 … § 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… § 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 app… § 1196 (a) The clerk must, at any time after the order, issue a bench warrant into one or more counties. § 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 bef… § 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 hi… § 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 … § 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 peti… § 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 hea… § 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… § 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. § 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 t… § 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 receiv… § 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, paragra… § 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, su… § 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 c… § 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… § 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 Sect… § 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 Sectio… § 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. § 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 subdivisio… § 1202.7 The Legislature finds and declares that the provision of probation services is an essential element in the administration of criminal justice. § 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 … § 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 rel… § 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 cou… § 1203.016 (a) Notwithstanding any other law, the board of supervisors of any county may authorize the correctional administrator, as defined in subdivision (g),… § 1203.017 (a) Notwithstanding any other provision of law, upon determination by the correctional administrator that conditions in a jail facility warrant the ne… § 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. § 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 inquir… § 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 pr… § 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 … § 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 … § 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)… § 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 … § 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 a… § 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 th… § 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 … § 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… § 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 f… § 1203.067 (a) Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 264. § 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 o… § 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 … § 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 … § 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 Sect… § 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 per… § 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 … § 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… § 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 subdivisi… § 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 sh… § 1203.098 (a) Unless otherwise provided, a person who works as a facilitator in a batterers’ intervention program that provides programs for batterers pursuant … § 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 … § 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 su… § 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… § 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 restitu… § 1203.1f If practicable, the court shall consolidate the ability to pay determination hearings authorized by this code into one proceeding, and the determinati… § 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 … § 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, inclu… § 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 def… § 1203.1k For any order of restitution made under Section 1203. § 1203.1l In any case in which, pursuant to Section 1203. § 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,… § 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 relea… § 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 S… § 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 executi… § 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… § 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 … § 1203.4b (a) (1) If a defendant successfully participated in the California Conservation Camp program as an incarcerated individual hand crew member, pursuant … § 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 t… § 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 h… § 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 … § 1203.43 (a) (1) The Legislature finds and declares that the statement in Section 1000. § 1203.44 (a) The Counties of Sacramento and Yolo may offer a voluntary secured residential treatment pilot program, known as “Hope California,” consistent with… § 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 pro… § 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 desc… § 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 … § 1203.5 The chief probation officers, assistant probation officers, and deputy probation officers appointed in accordance with Chapter 16 (commencing with Sec… § 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 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 pe… § 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 t… § 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 … § 1203.8 (a) A county may develop a multiagency plan to prepare and enhance nonviolent felony offenders’ successful reentry into the community. § 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, shal… § 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 crim… § 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… § 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 prevent… § 1203.14 Notwithstanding any other provision of law, probation departments may engage in activities designed to prevent adult delinquency. § 1203a (a) In all counties and cities and counties, the courts therein, having jurisdiction to impose punishment in misdemeanor cases, may refer cases, deman… § 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 … § 1203c (a) (1) Notwithstanding any other law, whenever a person is committed to an institution under the jurisdiction of the Department of Corrections and Re… § 1203d No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203. § 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 hi… § 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 … § 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. § 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 sec… § 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 un… § 1204.1 (a) The Legislature finds and declares that environmental crimes are public welfare offenses resulting from violations of statutes designed to safegua… § 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 … § 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 sat… § 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 perfo… § 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 wa… § 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 or… § 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 autho… § 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 p… § 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… § 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 confinem… § 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 pos… § 1210 As used in Sections 1210.1 and 3063.1 of this code, and Division 10.8 (commencing with Section 11999. § 1210.1 (a) Notwithstanding any other provision of law, and except as provided in subdivision (b), any person convicted of a nonviolent drug possession offens… § 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 tre… § 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 rest…