BILL ANALYSIS �
AB 2527
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CONCURRENCE IN SENATE AMENDMENTS
AB 2527 (Swanson)
As Amended August 15, 2012
Majority vote
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|ASSEMBLY: |76-0 |(May 14, 2012) |SENATE: |24-12|(August 21, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides specified factors that a court may consider
when determining whether to grant a probationer's petition for
termination of probation.
The Senate amendments :
1)Clarify that a court when determining whether to terminate
probation may consider other factors not specifically listed
in the bill.
2)Make technical, conforming changes.
EXISTING LAW :
1)Authorizes a court, at any time during the term of probation,
to revoke, modify, or change its order of suspension of
imposition or execution of sentence.
2)Authorizes a court to terminate the period of probation and
discharge a person on probation when the ends of justice will
be subserved thereby, and when the good conduct and reform of
the person shall warrant it.
3)States that the court's authority to revoke, modify, terminate
or change a previous order is subject to the following:
a) 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, the prosecuting attorney shall be given a five-day
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written notice and opportunity to be heard;
b) If the sentence or term or condition of probation is
modified, the judge shall state the reasons for that
modification on the record;
c) As used in this section, modification of sentence shall
include reducing a felony to a misdemeanor;
d) 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;
e) 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;
f) 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; and,
g) Nothing in this section shall be construed to prohibit
the court from modifying the dollar amount of a restitution
order at any time during the term of the probation.
4)Allows a court to limit or terminate a protective order that
is a condition of probation in a case involving domestic
violence, as defined. 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
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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; and,
i) Whether the ends of justice would be served by limiting
or terminating the order.
AS PASSED BY THE ASSEMBLY , this bill provided specified criteria
that a court may consider when determining whether to grant a
probationer's petition for termination of probation.
Specifically, this bill :
1)Required 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.
2)Stated that in determining whether to terminate the period of
probation for good conduct and reform by the probationer, the
court may consider the following:
a) Whether the probationer is pursuing or has obtained a
GED or high school diploma;
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b) Whether the probationer is performing community service;
and,
c) Whether the probationer is participating in an
internship with a government agency or with a nonprofit
entity.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "With seventy percent of the
people that are released from prison returning to prison within
a few years, the needs of California's most vulnerable
populations must be met in a fiscally responsible way by
allowing individuals to make a successful transition from prison
back to our communities.
"A number of studies show that people are less likely to offend
or recidivate if they are gainfully employed. By providing
individuals with incentives, education and job training in the
community, the state can continue to reduce recidivism and
improve public safety.
"AB 2527 would instruct the courts to consider educational
attainment, community services, and internships in determining
whether to terminate the period of probation for good conduct
and reform. This provides incentives for individuals to
complete their probation while obtaining tools to help them
achieve employment.
"AB 2527 is a part of a larger package from the Assembly Select
Committee on the Status of Boys and Men of Color for progressive
criminal justice reform."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004960
AB 2527
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