Bill Text: CA AB2527 | 2011-2012 | Regular Session | Enrolled
Bill Title: Probation: mandatory termination of period of probation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2012-09-29 - Consideration of Governor's veto pending. [AB2527 Detail]
Download: California-2011-AB2527-Enrolled.html
BILL NUMBER: AB 2527 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 24, 2012
AMENDED IN SENATE AUGUST 15, 2012
AMENDED IN SENATE JUNE 7, 2012
AMENDED IN ASSEMBLY MAY 3, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Swanson
FEBRUARY 24, 2012
An act to amend Section 1203.3 of the Penal Code, relating to
probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2527, Swanson. Probation: mandatory termination of period of
probation.
Exiting law defines probation as the suspension of the imposition
or execution of a sentence and the order of conditional and revocable
release in the community under the supervision of a probation
officer. Existing law prescribes who is eligible for probation and
the process by which probation is granted. Existing law authorizes a
court to terminate the period of probation and discharge the
probationer at any time when the ends of justice will be subserved,
and when the good conduct and reform of the person so held on
probation warrant it.
This bill would instead require the court to terminate the period
of probation and discharge the probationer at any time when the ends
of justice will be subserved, and when the good conduct and reform of
the person so held on probation warrant it. The bill would authorize
the court to consider specified factors, among others, in
determining whether to terminate the period of probation for good
conduct and reform of the person so held on probation.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.3 of the Penal Code is amended to read:
1203.3. (a) The court shall have authority at any time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence. The court shall at
any time when the ends of justice will be subserved thereby, and
when the good conduct and reform of the person so held on probation
shall warrant it, terminate the period of probation, and discharge
the person so held. The court shall also have the authority at any
time during the term of mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170
to revoke, modify, or change the conditions of the court's order
suspending the execution of the concluding portion of the supervised
person's term.
(b) The exercise of the court's authority in subdivision (a) to
revoke, modify, or change probation or mandatory supervision, or to
terminate probation, is subject to the following:
(1) Before any sentence or term or condition of probation or
condition of mandatory supervision is modified, a hearing shall be
held in open court before the judge. The prosecuting attorney shall
be given a two-day written notice and an opportunity to be heard on
the matter, except that, as to modifying or terminating a protective
order in a case involving domestic violence, as defined in Section
6211 of the Family Code, the prosecuting attorney shall be given a
five-day written notice and an opportunity to be heard.
(A) If the sentence or term or condition of probation or the term
or any condition of mandatory supervision is modified pursuant to
this section, the judge shall state the reasons for that modification
on the record.
(B) As used in this section, modification of sentence shall
include reducing a felony to a misdemeanor.
(2) No order shall be made without written notice first given by
the court or the clerk thereof to the proper probation officer of the
intention to revoke, modify, or change its order.
(3) In all probation cases, if the court has not seen fit to
revoke the order of probation and impose sentence or pronounce
judgment, the defendant shall at the end of the term of probation or
any extension thereof, be by the court discharged subject to the
provisions of these sections.
(4) The court may modify the time and manner of the term of
probation for purposes of measuring the timely payment of restitution
obligations or the good conduct and reform of the defendant while on
probation. The court shall not modify the dollar amount of the
restitution obligations due to the good conduct and reform of the
defendant, absent compelling and extraordinary reasons, nor shall the
court limit the ability of payees to enforce the obligations in the
manner of judgments in civil actions.
(5) Nothing in this section shall be construed to prohibit the
court from modifying the dollar amount of a restitution order
pursuant to subdivision (f) of Section 1202.4 at any time during the
term of the probation.
(6) The court may limit or terminate a protective order that is a
condition of probation or mandatory supervision in a case involving
domestic violence, as defined in Section 6211 of the Family Code. In
determining whether to limit or terminate the protective order, the
court shall consider if there has been any material change in
circumstances since the crime for which the order was issued, and any
issue that relates to whether there exists good cause for the
change, including, but not limited to, consideration of all of the
following:
(A) Whether the probationer or supervised person has accepted
responsibility for the abusive behavior perpetrated against the
victim.
(B) Whether the probationer or supervised person is currently
attending and actively participating in counseling sessions.
(C) Whether the probationer or supervised person has completed
parenting counseling, or attended alcoholics or narcotics counseling.
(D) Whether the probationer or supervised person has moved from
the state, or is incarcerated.
(E) Whether the probationer or supervised person is still
cohabiting, or intends to cohabit, with any subject of the order.
(F) Whether the defendant has performed well on probation or
mandatory supervision, including consideration of any progress
reports.
(G) Whether the victim desires the change, and if so, the victim's
reasons, whether the victim has consulted a victim advocate, and
whether the victim has prepared a safety plan and has access to local
resources.
(H) Whether the change will impact any children involved,
including consideration of any child protective services information.
(I) Whether the ends of justice would be served by limiting or
terminating the order.
(7) In determining whether to terminate the period of probation
for good conduct and reform by the probationer, the court may
consider factors, including, but not limited to, all of the
following:
(A) Whether the probationer is pursuing or has obtained a GED or
high school diploma.
(B) Whether the probationer is performing community service.
(C) Whether the probationer is participating in an internship with
a government agency or with a nonprofit entity.
(c) If a probationer is ordered to serve time in jail, and the
probationer escapes while serving that time, the probation is revoked
as a matter of law on the day of the escape.
(d) If probation is revoked pursuant to subdivision (c), upon
taking the probationer into custody, the probationer shall be
accorded a hearing or hearings consistent with the holding in the
case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that
hearing or hearings is not to revoke probation, as the revocation has
occurred as a matter of law in accordance with subdivision (c), but
rather to afford the defendant an opportunity to require the
prosecution to establish that the alleged violation did in fact occur
and to justify the revocation.
(e) This section does not apply to cases covered by Section
1203.2.
