Section 1202.41 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
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 capability, the Department of Corrections,
at the request of the California Victim Compensation and Government
Claims Board, may collaborate with a court in any county to arrange
for a hearing to impose or amend a restitution order, if the victim
has received assistance pursuant to Article 5 (commencing with
Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code, to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
defendant's physical presence in the courtroom, provided the county
has agreed to make the necessary equipment available.
(2) Nothing in this subdivision shall be interpreted to eliminate
the authority of the court to issue an order requiring the defendant
to be physically present in the courtroom in those cases where the
court finds circumstances that require the physical presence of the
defendant in the courtroom.
(3) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the Department of
Corrections shall establish a confidential telephone and facsimile
transmission line between the court and the institution for
communication between the defendant's counsel in court and the
defendant at the institution. In this case, counsel for the defendant
shall not be required to be physically present at the institution
during the hearing via electronic audiovideo communication. Nothing
in this subdivision shall be construed to prohibit the physical
presence of the defense counsel with the defendant at the state
prison.
(b) If an inmate who is not incarcerated in a state prison with
two-way audiovideo communication capability or ward does not waive
his or her right to attend a restitution hearing for the amendment of
a restitution order, the California Victim Compensation and
Government Claims Board shall determine if the cost of holding the
hearing is justified. If the board determines that the cost of
holding the hearing is not justified, the amendment of the
restitution order affecting that inmate or ward shall not be pursued
at that time.
(c) Nothing in this section shall be construed to prohibit an
individual or district attorney's office from independently pursuing
the imposition or amendment of a restitution order that may result in
a hearing, regardless of whether the victim has received assistance
pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of
Part 4 of Division 3 of Title 2 of the Government Code.