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California Laws | Penal Code
TITLE 8. OF JUDGMENT AND EXECUTION
CHAPTER 1. THE JUDGMENT (1191-1210.5)

(c) The existence of any fact that would make a person ineligible for probation under subdivision (a) or (b) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. (10016)

1203.09. (a) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person who commits or attempts to commit one or more of the crimes listed in subdivision (b) against a person who is 60 years of age or older; or against a person who is blind, a paraplegic, a quadriplegic, or a person confined to a wheelchair and that disability is known or reasonably should be known to the person committing the crime; and who during the course of the offense inflicts great bodily injury upon the person. (10017)

(b) Subdivision (a) applies to the following crimes: (10018)

(1) Murder. (10019)

(2) Robbery, in violation of Section 211. (10020)

(3) Kidnapping, in violation of Section 207. (10021)

(4) Kidnapping, in violation of Section 209. (10022)

(5) Burglary of the first degree, as defined in Section 460. (10023)

(6) Rape by force or violence, in violation of paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262. (10024)

(7) Assault with intent to commit rape or sodomy, in violation of Section 220. (10025)

(8) Carjacking, in violation of Section 215. (10026)

(9) Kidnapping, in violation of Section 209.5. (10027)

(c) The existence of any fact which would make a person ineligible for probation under either subdivision (a) or (f) shall be alleged in the information or indictment, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. (10028)

(d) As used in this section "great bodily injury" means "great bodily injury" as defined in Section 12022.7. (10029)

(e) This section shall apply in all cases, including those cases where the infliction of great bodily injury is an element of the offense. (10030)

(f) 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, nor shall the execution or imposition of sentence be suspended for, any person convicted of having committed one or more of the following crimes against a person who is 60 years of age or older: assault with a deadly weapon or instrument, battery which results in physical injury which requires professional medical treatment, carjacking, robbery, or mayhem. (10031)

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 subdivision (a) of Section 245, of a violation of paragraph (1) of subdivision (d) of Section 245, of a violation of Section 246, or a violation of subdivision (c) of Section 417, is granted probation or the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned for at least six months, and if any person convicted of a violation of paragraph (2) of subdivision (a) of Section 417 is granted probation or the execution or imposition of sentence is suspended, it shall be a condition thereof that he or she be imprisoned for at least three months. (10032)

(b) The provisions of subdivision (a) shall apply except in unusual cases where the interests of justice would best be served by granting probation or suspending the imposition or execution of sentence without the imprisonment required by subdivision (a), or by granting probation or suspending the imposition or execution of sentence with conditions other than those set forth in subdivision (a), in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by such a disposition. (10033)

(c) This section does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code. (10034)

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 court shall, in addition to any other terms of imprisonment, fine, and conditions, recommend in writing that the defendant participate in a counseling or education program having a substance abuse component while imprisoned. (10035)

(b) The court shall make the recommendation specified in subdivision (a) if it finds that any of the following are true: (10036)

(1) That the defendant at the time of the commission of the offense was under the influence of any alcoholic beverages. (10037)

(2) That the defendant at the time of the commission of the offense was under the influence of any controlled substance. (10038)

(3) That the defendant has a demonstrated history of substance abuse. (10039)

(4) That the offense or offenses for which the defendant was convicted are drug related. (10040)

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 include all of the following: (10041)

(1) A minimum period of probation of 36 months, which may include a period of summary probation as appropriate. (10042)

(2) A criminal court protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment, and, if appropriate, containing residence exclusion or stay-away conditions. (10043)

(3) Notice to the victim of the disposition of the case. (10044)

(4) Booking the defendant within one week of sentencing if the defendant has not already been booked. (10045)

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