SECTIONS 1213-1227.5

1213.  (a) When a probationary order or a judgment, other than ofdeath, has been pronounced, a copy of the entry of that portion ofthe probationary order ordering the defendant confined in a city orcounty jail as a condition of probation, or a copy of the entry ofthe judgment, or, if the judgment is for imprisonment in the stateprison, either a copy of the minute order or an abstract of thejudgment as provided in Section 1213.5, certified by the clerk of thecourt, and a Criminal Investigation and Identification (CII) numbershall be forthwith furnished to the officer whose duty it is toexecute the probationary order or judgment, and no other warrant orauthority is necessary to justify or require its execution. (b) If a copy of the minute order is used as the commitmentdocument, the first page or pages shall be identical in form andcontent to that prescribed by the Judicial Council for an abstract ofjudgment, and other matters as appropriate may be added thereafter.1213.5.  The abstract of judgment provided for in Section 1213 shallbe prescribed by the Judicial Council.1214.  (a) If the judgment is for a fine, including a restitutionfine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, orSection 1203.04 as operative on or before August 2, 1995, or Section13967 of the Government Code, as operative on or before September 28,1994, with or without imprisonment, or a diversion restitution feeordered pursuant to Section 1001.90, the judgment may be enforced inthe manner provided for the enforcement of money judgments generally.Any portion of a restitution fine or restitution fee that remainsunsatisfied after a defendant is no longer on probation or parole orhas completed diversion is enforceable by the California VictimCompensation 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, alocal public entity, as defined in Section 900.4 of the GovernmentCode, or any other entity, may provide the California VictimCompensation and Government Claims Board any and all information toassist in the collection of unpaid portions of a restitution fine forterminated probation or parole cases, or of a restitution fee forcompleted diversion cases. For purposes of the preceding sentence,"state, as defined in Section 900.6 of the Government Code," and "anyother entity" shall not include the Franchise Tax Board. (b) In any case in which a defendant is ordered to payrestitution, the order to pay restitution (1) is deemed a moneyjudgment if the defendant was informed of his or her right to have ajudicial determination of the amount and was provided with a hearing,waived a hearing, or stipulated to the amount of the restitutionordered, and (2) shall be fully enforceable by a victim as if therestitution order were a civil judgment, and enforceable in the samemanner as is provided for the enforcement of any other moneyjudgment. Upon the victim's request, the court shall provide thevictim in whose favor the order of restitution is entered with acertified copy of that order and a copy of the defendant's disclosurepursuant 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) ofsubdivision (f) of Section 1202.4. The court also shall provide thisinformation to the district attorney upon request in connection withan investigation or prosecution involving perjury or the veracity ofthe information contained within the defendant's financialdisclosure. In addition, upon request, the court shall provide theCalifornia Victim Compensation and Government Claims Board with acertified copy of any order imposing a restitution fine or order anda copy of the defendant's disclosure pursuant to paragraph (4) ofsubdivision (f) of Section 1202.4, affidavit or information pursuantto paragraph (5) of subdivision (f) of Section 1202.4, or reportpursuant to paragraph (7) of subdivision (f) of Section 1202.4. Avictim shall have access to all resources available under the law toenforce the restitution order, including, but not limited to, accessto the defendant's financial records, use of wage garnishment andlien procedures, information regarding the defendant's assets, andthe ability to apply for restitution from any fund established forthe purpose of compensating victims in civil cases. Any portion of arestitution order that remains unsatisfied after a defendant is nolonger on probation or parole is enforceable by the victim pursuantto this section. Victims and the California Victim Compensation andGovernment Claims Board shall inform the court whenever an order topay restitution is satisfied. (c) Except as provided in subdivision (d), and notwithstanding theamount in controversy limitation of Section 85 of the Code of CivilProcedure, a restitution order or restitution fine that was imposedpursuant to Section 1202.4 in any of the following cases may beenforced in the same manner as a money judgment in a limited civilcase: (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 aplea of guilty or nolo contendere. (d) Chapter 3 (commencing with Section 683.010) of Division 1 ofTitle 9 of Part 2 of the Code of Civil Procedure shall not apply toany of the following: (1) A judgment for any fine. (2) Any restitution fine or restitution order imposed pursuant toSection 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operativeon or before August 2, 1995, or Section 13967 of the GovernmentCode, as operative on or before September 28, 1994. (3) Any diversion restitution fee ordered pursuant to Section1001.90.1214.1.  (a) In addition to any other penalty in infraction,misdemeanor, or felony cases, the court may impose a civil assessmentof up to three hundred dollars ($300) against any defendant whofails, after notice and without good cause, to appear in court forany proceeding authorized by law or who fails to pay all or anyportion of a fine ordered by the court or to pay an installment ofbail as agreed to under Section 40510.5 of the Vehicle Code. Thisassessment shall be deposited in the Trial Court Trust Fund, asprovided in Section 68085.1 of the Government Code. (b) The assessment shall not become effective until at least 10calendar days after the court mails a warning notice to the defendantby first-class mail to the address shown on the notice to appear orto the defendant's last known address. If the defendant appearswithin the time specified in the notice and shows good cause for thefailure to appear or for the failure to pay a fine or installment ofbail, the court shall vacate the assessment. (c) If a civil assessment is imposed under this section, no benchwarrant or warrant of arrest shall be issued with respect to thefailure to appear at the proceeding for which the assessment isimposed or the failure to pay the fine or installment of bail. Anoutstanding, unserved bench warrant or warrant of arrest for afailure to appear or for a failure to pay a fine or installment ofbail shall be recalled prior to the subsequent imposition of a civilassessment. (d) The assessment imposed under subdivision (a) shall be subjectto the due process requirements governing defense and collection ofcivil money judgments generally. (e) Each court and county shall maintain the collection programthat was in effect on July 1, 2005, unless otherwise agreed to by thecourt and county. If a court and a county do not agree on a plan forthe collection of civil assessments imposed pursuant to thissection, or any other collections under Section 1463.010, after theimplementation of Sections 68085.6 and 68085.7 of the GovernmentCode, the court or the county may request arbitration by a thirdparty mutually agreed upon by the Administrative Director of theCourts and the California State Association of Counties.1214.2.  (a) Except as provided in subdivision (c), if a defendantis ordered to pay a fine as a condition of probation, the order topay a fine may be enforced during the term of probation in the samemanner as is provided for the enforcement of money judgments. (b) Except as provided in subdivision (c), an order to pay a fineas a condition of probation may also be enforced as follows: (1) With respect to a willful failure to pay during the term ofprobation, in the same manner as a violation of the terms andconditions of probation. (2) If any balance remains unpaid at the end of the term ofprobation, in the same manner as a judgment in a civil action. (c) If an order to pay a fine as a condition of probation isstayed, 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 paymore than fifty dollars ($50) in restitution as a condition ofprobation, the court may, as an additional condition of probationsince the court determines that the defendant has the ability to pay,as defined in Section 1203.1b(b), order the defendant to payinterest at the rate of 10 percent per annum on the principal amountremaining unsatisfied. (b) (1) Except as provided in paragraph (2), interest commences toaccrue on the date of entry of the judgment or order. (2) Unless the judgment or order otherwise provides, ifrestitution is payable in installments, interest commences to accrueas to each installment on the date the installment becomes due.1215.  If the judgment is for imprisonment, or a fine andimprisonment until it be paid, the defendant must forthwith becommitted to the custody of the proper officer and by him or herdetained until the judgment is complied with. Where, however, thecourt has suspended sentence, or where, after imposing sentence, thecourt has suspended the execution thereof and placed the defendant onprobation, as provided in Section 1203, the defendant, if over theage of 16 years, shall be placed under the care and supervision ofthe probation officer of the court committing him or her, until theexpiration of the period of probation and the compliance with theterms and conditions of the sentence, or of the suspension thereof.Where, however, the probation has been terminated as provided inSection 1203, and the suspension of the sentence, or of the executionrevoked, and the judgment pronounced, the defendant shall becommitted to the custody of the proper officer and be detained untilthe judgment be complied with.1216.  If the judgment is for imprisonment in the state prison, thesheriff of the county shall, upon receipt of a certified abstract orminute order thereof, take and deliver the defendant to the warden ofthe state prison. The sheriff also shall deliver to the warden thecertified abstract of the judgment or minute order, a CriminalInvestigation and Identification (CII) number, a ConfidentialMedical/Mental Health Information Transfer Form indicating that thedefendant is medically capable of being transported, and take fromthe warden a receipt for the defendant.1217.  When judgment of death is rendered, a commitment signed bythe judge, and attested by the clerk under the seal of the court mustbe drawn and delivered to the sheriff. It must state the convictionand judgment, and must direct the sheriff to deliver the defendant,within 10 days from the time of judgment, to the warden of the Stateprison of this State designated by the State Board of PrisonDirectors for the execution of the death penalty, to be held pendingthe 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, bymail or otherwise, a statement of the conviction and judgment, and acomplete transcript of all the testimony given at the trial includingany arguments made by respective counsel and a copy of the clerk'stranscript.1219.  The Governor may thereupon require the opinion of theJustices of the Supreme Court and of the Attorney General, or any ofthem, upon the statement so furnished.1227.  If for any reason other than the pendency of an appealpursuant to subdivision (b) of Section 1239 of this code a judgmentof death has not been executed, and it remains in force, the court inwhich the conviction was had shall, on application of the districtattorney, or may upon its own motion, make and cause to be entered anorder appointing a day upon which the judgment shall be executed,which must not be less than 30 days nor more than 60 days from thetime of making such order; and immediately thereafter, a certifiedcopy of such order, attested by the clerk, under the seal of thecourt, shall, for the purpose of execution, be transmitted byregistered mail to the warden of the state prison having the custodyof the defendant; provided, that if the defendant be at large, awarrant for his apprehension may be issued, and upon beingapprehended, he shall be brought before the court, whereupon thecourt shall make an order directing the warden of the state prison towhom the sheriff is instructed to deliver the defendant to executethe judgment at a specified time, which shall not be less than 30days nor more than 60 days from the time of making such order. From an order fixing the time for and directing the execution ofsuch judgment as herein provided, there shall be no appeal.1227.5.  Notwithstanding Section 1227, where a judgment of death hasnot been executed by reason of a stay or reprieve granted by theGovernor, the execution shall be carried out on the day immediatelyafter the period of the stay or reprieve without further judicialproceedings.