California Codes

Cal. Penal Code § 1203.01 (2026)

✓ current as of May 2026

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(a)Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime committed, together with any reports the probation officer may have filed relative to the prisoner. The judge and district attorney shall cause those statements to be filed if no probation officer’s report has been filed. The attorney for the defendant and the law enforcement agency that investigated the case may likewise file with the clerk of the court statements of their views respecting the defendant and the crime of which they were convicted. Immediately after the filing of those statements and reports, the clerk of the court shall mail a copy thereof, certified by that clerk, with postage prepaid, addressed to the Department of Corrections and Rehabilitation at the prison or other institution to which the person convicted is delivered. The clerk shall also mail a copy of any statement submitted by the court, district attorney, or law enforcement agency, pursuant to this section, with postage prepaid, addressed to the attorney for the defendant, if any, and to the defendant, in care of the Department of Corrections and Rehabilitation, and a copy of any statement submitted by the attorney for the defendant, with postage prepaid, shall be mailed to the district attorney.

(b)(1)In all cases in which the judgment imposed includes a sentence of death or an indeterminate term with or without the possibility of parole, the clerk shall, within 60 days after judgment has been pronounced, mail with postage prepaid, to the prison or other institution to which the person convicted is delivered, a copy of the charging documents, a copy of waiver and plea forms, if any, the transcript of the proceedings at the time of the defendant’s guilty or nolo contendere plea, if the defendant pleaded guilty or nolo contendere, and the transcript of the proceedings at the time of sentencing.

(2)In all other cases not described in paragraph (1), the clerk shall mail with postage prepaid, to the prison or other institution to which the person convicted is delivered, a copy of the charging documents, a copy of the waiver and plea forms, if any, and upon written request by the Department of Corrections and Rehabilitation or by an inmate, or by their counsel, for, among other purposes on a particular case, appeals, review of custody credits and release dates, and restitution orders, the transcript of the proceedings at the time of the defendant’s guilty or nolo contendere plea, if the defendant pleaded guilty or nolo contendere, and the transcript of the proceedings at the time of sentencing.

(c)With the consent of the recipient expressed in writing, or orally on the record, the clerk of the court may deliver the documents, or the data contained in the documents, described in subdivisions (a) and (b) by electronic means rather than by mail if the recipient is not the person convicted.

Notes of Decisions

Cited in 28 cases (15 in the last 5 years), 1950–2026 · leading case: In re Cook, 441 P.3d 912 (Cal. 2019).

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In re Cook, 441 P.3d 912 (Cal. 2019). “Concurring and Dissenting Opinion by Justice Kruger I agree with much of what the majority says: Although the youth offender parole statutes provide no mechanism for individuals serving final sentences to return to court to create records for use at their later parole hearings,…”

State v. Nield, 682 P.2d 618 (Idaho 1984). · cites it 4× “Compare CAL. PENAL CODE § 1203.01. Occasionally, the comments of the prosecuting attorney are included in such a transmission, both where the sentencing judge fixes the minimum sentence, see NEV.”

In Re Tahl, 460 P.2d 449 (Cal. 1969). · cites it 2× “Code, §§ 1168, 3020, 5077), that the authority is apprised of the prosecutor's and judge's views of the defendant and his crime (Pen. Code, § 1203.01), and that in determining the defendant's sentence and parole eligibility, the authority may consider charges that the prosecutor…”

People v. Shipman, 397 P.2d 993 (Cal. 1965). “(Pen. Code, § 1203.01.) Defendant did not appeal.”

In Re Minnis, 498 P.2d 997 (Cal. 1972). “01 provides, in pertinent part: “Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime…”

Commonwealth v. Martin, 244 N.E.2d 303 (Mass. 1969). · cites it 2× “4; Model Sentencing Act, § 4; and the President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (1967) 145.”

People v. Jackson, 223 P.2d 236 (Cal. 1950). “” Defendant argues that the “judge and the district attorney” might recommend the denial of parole privileges in connection with a life imprisonment sentence (Pen. Code, § 1203.01), but nevertheless the ultimate determination of such matter rests with the Adult Authority in its…”

In Re Muszalski, 52 Cal. App. 3d 475 (Cal. Ct. App. 1975). “(a)) and to defendant (Pen. Code, § 1203.01). Since, by statute, the contents of the probation report were required to be made known to Mr.”

Dickerson v. Dept. of Corr. & Rehab. CA5 (Cal. Ct. App. 2021). · cites it 3× “” (Pen. Code, § 1203.01, subd. (a).) The criminal defendant’s attorney and the law enforcement agency that investigated the case are also permitted to file statements.”

Delgado v. Superior Court of California, Cnty. of Santa Clara (E.D. Cal. 2020). · cites it 3× “” Plaintiff cites, 27 and quotes, California Penal Code § 1203.01. 28 At the outset, California Penal Code § 1203.”

People v. Shipman, 397 P.2d 993 (Cal. 1965). “(Pen. Code, § 1203.01.) Defendant did not appeal.”

People v. Crawford CA2/1 (Cal. Ct. App. 2022). · cites it 2× “We denied the petition “without prejudice to petitioner’s filing a request in the superior court for such a proceeding, pursuant to Penal Code section 1203.01” citing Cook, supra, 7 Cal.”

Show all 28 citing cases →

— Cal. Penal Code § 1203.01(a) — 3 cases

Villalta v. Superior Court of California Cnty. of Orange (E.D. Cal. 2020).

Jimmy M. Garcia v. B. Cates (C.D. Cal. 2021).

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