File #: 22-146    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 7/19/2022 In control: Judicial Council
On agenda: 9/20/2022 Final action: 9/20/2022
Title: Rules and Forms | Miscellaneous Technical Changes to Criminal Rules and Forms (Action Required)
Attachments: 1. 20220920-22-146

Title

Title

Rules and Forms | Miscellaneous Technical Changes to Criminal Rules and Forms (Action Required)

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Summary

Summary

Judicial Council staff recommend amending standard 4.30 of the California Standards of Judicial Administration to refer to a renumbered form, and revising four criminal forms to incorporate changes resulting from legislation. The changes are technical, minor, and noncontroversial. Judicial Council staff recommend making the necessary corrections to conform to statutes and rules and avoid causing confusion for court users, clerks, and judicial officers.

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Recommendation

Recommendation

Judicial Council staff recommend that the Judicial Council, effective January 1, 2023:

1.                     Amend standard 4.30 of the California Standards of Judicial Administration to replace references to the Juror Questionnaire for Criminal Cases from form MC-002 to form JURY-002, to reflect the renumbering of the form effective September 1, 2018;

2.                     Revise Order for Victim Restitution (form CR-110/JV-790) to delete a reference to administrative fees pursuant to former Penal Code section 1203.1(l), which was repealed by Assembly Bill 177 (Stats. 2021, ch. 257), and add mental health counseling fees as a restitution category pursuant to Penal Code section 1202.4(f)(3)(C);

3.                     Revise Instructions: Order for Victim Restitution (form CR-112/JV-792) to reflect proposed changes to Order for Victim Restitution (form CR-110/JV-790); and

4.                     Revise Felony Abstract of Judgment-Determinate (form CR-290) and Abstract of Judgment--Prison Commitment--Indeterminate (form CR-292) to replace references to resentencing under former Penal Code section 1170(d) with Penal Code section 1172.1, to reflect changes made by Assembly Bill 200 (Stats. 2022, ch. 58).

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