Section 1203.049 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
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 any person who violates subdivision (f) or
(g) of Section 10980 of the Welfare and Institutions Code, when the
violation has been committed by means of the electronic transfer of
CalFresh benefits, and the amount of the electronically transferred
CalFresh benefits exceeds one hundred thousand dollars ($100,000).
(b) The fact that the violation was committed by means of an
electronic transfer of CalFresh benefits and the amount of the
electronically transferred CalFresh benefits exceeds one hundred
thousand dollars ($100,000) shall be alleged in the accusatory
pleading, 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 a plea of guilty or nolo
contendere or by trial by the court sitting without a jury.
(c) If probation is granted, 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 that disposition of the
case.