Public Notice

Cal. Form L-41

California Superior Local Rules

Superior Court of California County of Orange PUBLIC NOTICE FOR IMMEDIATE RELEASE DATE: JANUARY 5, 2017 Implementation of Prop 57, AB813, SB1242, SB823 The purpose of this notice is to provide information regarding the implementation of new legislation and the processes identified to address these changes. This

summary is not inclusive of all the legislative changes for and only focuses on Prop 57, AB813, SB1242, and SB823. Proposition Proposition as passed by the voters modifies Welfare and Institution Code by deleting subsection (

b) which states that a juvenile offender alleged to commit specific offenses shall be prosecuted in adult court. For pending cases as of November 9, 2016, the Court will be utilizing the existing motion process to hear requests for transfers to juvenile court for a WIC hearing brought forth by the defense. The motion will be filed at the justice center where the existing felony case is being heard. The Confidential Order For Certification or Removal of Defendant/Youth to Juvenile Court for WIC Transfer Hearing has been developed to facilitate the transfer process for these hearings.

Hearings will be set in Department L-41 at the Lamoreaux Justice Center. The order will be given to Defense Counsel to fill out the “Mandatory Information” section. This information will be utilized by Juvenile Court to facilitate the transfer and send proper notice to impacted parties. Once the order is completed, the order and other necessary documents will be distributed to Juvenile Court, Probation, District Attorney and Defense Counsel. After notice is made to the parties, the order will be sealed.  Certification pursuant to Welfare and Institutions Code

Section suspends proceedings and certifies the case to Juvenile Court effective the date of the order. If the case is returned to the Superior Court after the WIC hearing, the District Attorney will file an amended complaint in the Superior Court to reinstate criminal proceedings.  Removal orders the defendant removed from criminal jurisdiction of the Superior Court to the Juvenile Court.

If the case does not remain in Juvenile Court after the hearing, the case will be calendared back to the Superior Court to continue proceedings.  New Filings in Juvenile Court will follow existing protocols for the WIC hearing. If after the hearing the case is ordered transferred to the Superior Court, the District Attorney will file the new complaint in the Superior Court. The complaint will contain information stating that the WIC hearing was heard in the Juvenile Court. Superior Court of California County of Orange Page January 5, 2017 Assembly Bill Assembly Bill adds Penal Code

Section 1473.7 which creates an explicit right for a person no longer imprisoned or restrained to prosecute a motion to vacate a conviction or sentence based on a prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere, or based on newly discovered evidence of actual innocence, as specified. The Court will utilize the existing motion process to hear requests to vacate a conviction brought forth by the defense.

The process will be as follows:  Motions should be filed at the justice center where the case resides with proper notice to the prosecutor  Motion will be calendared for a court hearing following existing calendar guidelines Senate Bill Senate Bill modifies Penal Code

Section 18.5 to provide that a person sentenced to a term of one year in county jail prior to January 1, 2015, may submit an application before the trial court that entered the conviction and sentence to have the sentence modified to the maximum of 364 days. The Court will be utilizing the Petition for Modification of Sentence form to submit the request to modify the sentence brought forth by the defense.

The process will be as follows:  Petition should be filed at the justice center where the case resides with proper notice to the prosecutor  Petition will be held for calendar days to allow response from the prosecutor o If opposition from the prosecutor is received, the case will be calendared for a court hearing per existing calendaring guidelines o If no opposition from the prosecutor is received, on the st day, the petition will be submitted to the courtroom to be processed as chambers work  If immediate relief is needed, the petition can expedited and calendared for a court hearing upon filing of the petition in accordance with existing calendaring guidelines Senate Bill Senate Bill adds Penal Code

Section 236.14 which allows an individual arrested for or convicted of a nonviolent crime while he or she was a human trafficking victim, to apply to the court to vacate the conviction at any time after it was entered. The Court will be utilizing the existing motion process to hear requests to vacate the conviction brought forth by the defense.

The process will be as follows:  Petition should be filed at the justice center where the case resides with proper notice to the prosecutor Superior Court of California County of Orange Page January 5, 2017  A court hearing will be set calendar days out, the prosecutor has 45 days to respond to the motion  If the defendant is in custody on an active sentence, the defense can request an expedited hearing and file the motion along with a removal order For further details or questions, please contact: Albert De La Isla Principal Analyst adelaisla@occourts.org 657-622-5919

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-41
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	0767e5fb14ce27a2a41c54d5deefe17b86687a6e

Source file is stored in the law ingest library (pdf).