Animal Cruelty

Penal Code section 597, subdivision (l):

(l)

(1) Upon the conviction of a person charged with a violation of this section, or Section 597 or 597a, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals. Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court.

(2) The court may also order, as a condition of probation, that the convicted person be prohibited from owning, possessing, caring for, or residing with, animals of any kind, and require the convicted person to immediately deliver all animals in the convicted person’s possession to a designated public entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals. In the event of the acquittal or final discharge without conviction of the person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision (h), the court has not ordered that the animal be forfeited pursuant to subdivision (k), the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership.

Penal Code section 608:

(a) For a defendant who is granted probation for an offense specified in subdivision (d), the court shall order the defendant to successfully complete counseling, as determined by the court, designed to evaluate and treat behavior or conduct disorders, unless the defendant is ordered to complete treatment as specified in subdivision (b).

(b) The court shall consider whether to order the convicted person to undergo a mental health evaluation by an evaluator chosen by the court. Upon evaluation, if the evaluating mental health professional deems a higher level of treatment than described in subdivision (a) is necessary, the defendant shall complete such treatment as directed by the court.

(c) Counseling or mental health evaluations and any subsequent treatment described in subdivisions (a) and (b) shall be paid for by the defendant. The court shall determine the defendant’s ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendant’s ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine.

(d) This section applies to a conviction for any of the following offenses:

(1) Section 286.5.

(2) Section 596.

(3) Section 597.

(4) Section 597.1.

(5) Section 600.5.

(e) A finding that the defendant suffers from a mental disorder, and any progress reports concerning the defendant’s treatment, or any other records created pursuant to this section, shall be confidential and shall not be released or used in connection with any civil or criminal proceeding without the defendant’s consent.