This notes the names of those processed by the Humboldt County Jail at the date and time indicated. As always, please remember that people should be considered innocent until proven guilty. For purposes of this article and Section In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 commencing Backpage Escorts Logan WV Section of Chapter 1 of Part 3 of Division Except as provided in subdivision levery person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:.
A person agrees to engage in an act of prostitution when, with specific intent to so engage, he Backpage Escorts Logan WV she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution.
No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. The person shall be taken to a facility, deated pursuant to Section of the Welfare and Institutions Code, for the hour treatment and evaluation of inebriates.
A peace officer may place a person in civil protective custody with that kind and degree of force which would be lawful were he or she effecting an arrest for a misdemeanor without a warrant.
No person who has been placed in civil protective custody shall thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons:.
This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments. B Neither of the Backpage Escorts Logan WV is a defense to the crime specified in this paragraph:.
If the conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail.
In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.
In any accusatory pleading charging a violation of Backpage Escorts Logan WV bif the defendant has been ly convicted two or more times of a violation of that subdivision, each of these convictions shall be charged in the accusatory pleading.
If two or more of these convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days.
In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.
In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section Except as provided in subdivision usubdivision vsubdivision xand Section However, this subdivision shall not be applicable to persons engaged in lawful labor union activities which are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of Part 3.
For purposes of this section, land, real property, or structures owned or operated by any housing authority for tenants as defined under Section For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days Backpage Escorts Logan WV less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 commencing with Section of Title 5 of Part 4 of Division 3 of the Civil Code.
Where the person has been convicted of any other felony, this subdivision shall apply for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision shall apply for no more than two years from the date of conviction.
Where the person was convicted for an infraction pursuant to Section This subdivision shall not apply to convictions for any other infraction.
To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition shall apply if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area. D If probation is granted or the execution or imposition of sentencing is suspended for any person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as deated by the court, unless the court finds good cause not to impose this requirement.
The court shall require the person to pay for this counseling, if ordered, unless Backpage Escorts Logan WV cause not to pay is shown. Where the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property may not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.
This protective order may be issued by the court whether the defendant is sentenced Backpage Escorts Logan WV state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation. B In all cases other than that set forth in subparagraph Aa misdemeanor, punishable by imprisonment in a county jail for not less than three months. It shall be the burden of the defense to show that it comes within the exception.
Any person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days or more than one year in a county jail. The court may place a person convicted under this subdivision on probation for a period not to exceed five years and, except as provided in subdivision cshall in all cases in which probation is granted require, as a condition thereof, that the person be confined in a county jail for at least 90 days.
Other than as provided by subdivision cin no event shall the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail. In no event does the court have the power to absolve a person convicted of a violation of subdivision a that is punishable under this subdivision from the obligation of spending at least days in confinement in a county jail unless there are no d drug rehabilitation programs reasonably available.
For the purpose of this section, a drug rehabilitation program shall not be considered reasonably available unless the person is required to pay no more than the court determines that he or she is reasonably able to pay, Backpage Escorts Logan WV order to participate in the program. As a condition of sentencing, the court may require the offender to pay all or a portion of the drug rehabilitation program.
In order to alleviate jail overcrowding and to provide recidivist offenders with a reasonable opportunity to seek rehabilitation pursuant to this subdivision, counties are encouraged to include provisions to augment d drug rehabilitation programs in their substance abuse proposals and applications submitted to the state for federal and state drug abuse funds. A person charged with violating this section by being under the influence of any controlled substance which is specified in paragraph 2122or 23 of subdivision d of Section or in paragraph 3 of subdivision e of Section and with violating either subdivision b or c of Section of the Penal Code or with a violation of subdivision e shall be ineligible for deferred entry of judgment or a preguilty plea drug court program.
This section does not preclude referrals to a reentry court pursuant to Section The length Backpage Escorts Logan WV the detention period can range between one and 10 consecutive days.
At any point during the process initiated pursuant to this section, a parolee may waive, in writing, his or her right to counsel, admit the parole violation, waive a court hearing, and accept the proposed parole modification or revocation. The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of parole, the circumstances of the alleged underlying violation, the history and background of the parolee, and any recommendations.
The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of parole, the court shall have authority to do any of the following:. Parole revocation proceedings conducted by the Board of Parole Hearings prior to July 1,if reopened on or after July 1,are subject to the jurisdiction of the Board of Parole Hearings. Backpage Escorts Logan WV enhancement allegation may be pleaded in a complaint but need not be proved at the preliminary hearing or grand jury hearing.
The stay shall be lifted by the court hearing the primary offense at the time of sentencing for that offense and shall be recorded in the abstract of judgment. If the person is acquitted of the primary offense the stay shall be permanent. Upon retrial and reconviction, the enhancement shall be reimposed. If the person is no longer in custody for the secondary offense upon reconviction of the primary offense, the court may, at its discretion, reimpose the enhancement and order him or her recommitted to custody.
The defendant has the burden Backpage Escorts Logan WV proving by a preponderance of the evidence that the defendant is subject to the exemption provided by subdivision c. Any of the structures mentioned in Section shall be deemed to be a building within the meaning of this section. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property. The existence of any fact that would bring a person under Section Public Offenses [ Offenses Involving Alcohol and Drugs [ Amended as amended by Stats.
Effective September 5, Section conditionally operative as provided in subd. Vehicle Code - VEH. Penal Code - PEN. PART 1. TITLE Of Other and Miscellaneous Offenses [ Except as provided in subdivision levery person who commits any of the following Backpage Escorts Logan WV is guilty of disorderly conduct, a misdemeanor: a Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
This subdivision shall not apply to the following persons: 1 Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
B Neither of the following is a defense to the crime specified in this paragraph: i The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these. Amended by Stats.
Effective January 1, PART 6. TITLE 4.
Prohibitions on Firearm Access [ Added by Stats. Operative January 1,by Sec. Effective April 4, Operative October 1,by Sec. TITLE 8.
Assault and Battery [ Effective June 30, Operative October 1,pursuant to Secs. Control of Users of Controlled Substances [ Addicts [ PART 3.
TITLE 1. General Provisions [ - ] Article 1 repealed and added by Stats. Upon a finding that the person has violated the conditions of parole, the court shall have authority to do any of the following: 1 Return the person to parole supervision with modifications of conditions, if appropriate, including a period of incarceration in county jail. Offenses and Penalties [ PART 4.