Section 1203.095 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
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.
(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.
(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.