Existing law requires a person who is granted probation after being convicted of furnishing or transporting a controlled substance relating to the sale of cocaine, cocaine hydrochloride, or heroin, or who is granted probation after being convicted of furnishing or transporting phencyclidine, to be confined in a county jail for at least 180 days as a condition of probation. Existing law requires imposition of this probation condition unless the court, in an unusual case, finds that the interests of justice would best be served by absolving the defendant of this condition and specifies on the record the circumstances indicating that fact.
This bill would instead make the imposition of the 180-day confinement condition on probation permissive rather than mandatory in those circumstances.