BILL NUMBER: AB 2527 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Swanson
FEBRUARY 24, 2012
An act to amend Section 1203.5 1203.3
of the Penal Code, relating to probation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2527, as amended, Swanson. Probation officers.
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.
Existing law establishes the offices of adult probation officer,
assistant adult probation officer, and deputy adult probation
officer. Under existing law, probation officers, assistant probation
officers, and deputy probation officers appointed to the juvenile
court are ex officio adult probation officers, assistant adult
probation officers, and deputy adult probation officers except in a
county or city and county whose charter provides for separate offices
for adult and juvenile probation officers.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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
may 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.
(b) The exercise of the court's authority in subdivision (a) to
revoke, modify, change, or terminate probation is subject to the
following:
(1) Before any sentence or term or condition of probation 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 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 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 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 has accepted responsibility for the
abusive behavior perpetrated against the victim.
(B) Whether the probationer is currently attending and actively
participating in counseling sessions.
(C) Whether the probationer has completed parenting counseling, or
attended alcoholics or narcotics counseling.
(D) Whether the probationer has moved from the state, or is
incarcerated.
(E) Whether the probationer is still cohabiting, or intends to
cohabit, with any subject of the order.
(F) Whether the defendant has performed well on probation,
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.
(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.
SECTION 1. Section 1203.5 of the Penal Code is
amended to read:
1203.5. The offices of adult probation officer, assistant adult
probation officer, and deputy adult probation officer are hereby
created. The probation officers, assistant probation officers, and
deputy probation officers appointed in accordance with Chapter 2
(commencing with Section 200) of Division 2 of Part 1 of the Welfare
and Institutions Code shall be ex officio adult probation officers,
assistant adult probation officers, and deputy adult probation
officers except in a county or city and county whose charter provides
for the separate office of adult probation officer. When the
separate office of adult probation officer has been established, he
or she shall perform all the duties of probation officers except for
matters under the jurisdiction of the juvenile court. An adult
probation officer may accept appointment as member of the Board of
Corrections and serve in that capacity in addition to his or her
duties as adult probation officer and may receive the per diem
allowance authorized in Section 6025.1.