Probation in Adult System - Revision history

Californiaprobationw admin at 16:11, 25 October 2022

2022-10-25T16:11:05Z

Californiaprobationw admin: /* Humphrey Decision */

2022-10-25T16:08:28Z

Humphrey Decision

← Older revision		Revision as of 16:08, 25 October 2022
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	===Humphrey Decision===		===Humphrey Decision===

	A recent California Supreme court decision, In re Kenneth Humphrey Decision (Humphrey~~) (Link~~) set forth the considerations for the superior court when determining if there is cause to detain individuals prior to trial and if not, how [[bail]] may be applied. Specifically, the court decision held a court must first consider whether [[non-financial release options]] will reasonably protect the safety of the public or the victim, and ensure future court appearances. If the answer is no, then the court shall consider bail but must conduct an individualized assessment and consider ability to pay when setting the amount. Probation Departments may be asked to assist the judge in setting bail by completing a Bail Report. ~~(LINK TO NEW PAGE FOR DETAIL)~~		A recent California Supreme court decision, In re Kenneth Humphrey Decision (Humphrey) set forth the considerations for the superior court when determining if there is cause to detain individuals prior to trial and if not, how bail may be applied. Specifically, the court decision held a court must first consider whether [[non-financial release options]] will reasonably protect the safety of the public or the victim, and ensure future court appearances. If the answer is no, then the court shall consider bail but must conduct an individualized assessment and consider ability to pay when setting the amount. Probation Departments may be asked to assist the judge in setting bail by completing a Bail Report.

	===Detained===		===Detained===

Californiaprobationw admin: /* Arrest */

2022-10-25T16:08:02Z

Arrest

← Older revision		Revision as of 16:08, 25 October 2022
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	===Arrest===		===Arrest===

	An individual enters the adult criminal justice system when they are suspected by a [[law enforcement officer]] of committing a [[criminal act]]. The law enforcement officer has the discretion to determine if the individual should be arrested.		An individual enters the adult criminal justice system when they are suspected by a law enforcement officer of committing a [[criminal act]]. The law enforcement officer has the discretion to determine if the individual should be arrested.

	===Citation===		===Citation===

Californiaprobationw admin: /* Arrest */

2022-10-25T16:07:49Z

Arrest

← Older revision		Revision as of 16:07, 25 October 2022
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	===Arrest===		===Arrest===

	An individual enters the adult criminal justice system when they are suspected by a [[law enforcement officer]] of committing a [[criminal act]]. The law enforcement officer has the discretion to determine if the individual should be arrested.		An individual enters the adult criminal justice system when they are suspected by a [[law enforcement officer]] of committing a [[criminal act]]. The law enforcement officer has the discretion to determine if the individual should be arrested.

	===Citation===		===Citation===

Californiaprobationw admin at 19:58, 26 July 2022

2022-07-26T19:58:04Z

← Older revision		Revision as of 19:58, 26 July 2022
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	===Termination of Probation/Mandatory Supervision===		===Termination of Probation/Mandatory Supervision===

	Individuals on formal probation and mandatory supervision, are aware of the length of supervision from the time of sentencing. With some exceptions (link to probation supervision section), formal probation may be one year for a misdemeanor grant of probation and two years for a felony grant of probation. For formal grants of probation, there are certain circumstances where a probation officer can request the court to extend the length of time of the grant of probation. \]		Individuals on formal probation and mandatory supervision, are aware of the length of supervision from the time of sentencing. With some exceptions (link to probation supervision section), formal probation may be one year for a misdemeanor grant of probation and two years for a felony grant of probation. For formal grants of probation, there are certain circumstances where a probation officer can request the court to extend the length of time of the grant of probation.

	Cases sentenced to a split sentence under PC 1170(h) have different supervision timeframes. Each case has to be viewed individually. When the judge orders a split sentence, the individual is sentenced to a period of time in custody and, upon release, a period of time on community supervision. For instance, the court may split a 3-year sentence by ordering 12 months in custody and 24-months on community supervision. Therefore, the maximum amount of community supervision is known to the individual at the time of sentencing. Similar to cases of formal probation, those on a split sentence will have their supervision terminated on the date set at sentencing.		Cases sentenced to a split sentence under PC 1170(h) have different supervision timeframes. Each case has to be viewed individually. When the judge orders a split sentence, the individual is sentenced to a period of time in custody and, upon release, a period of time on community supervision. For instance, the court may split a 3-year sentence by ordering 12 months in custody and 24-months on community supervision. Therefore, the maximum amount of community supervision is known to the individual at the time of sentencing. Similar to cases of formal probation, those on a split sentence will have their supervision terminated on the date set at sentencing.

Californiaprobationw admin at 18:48, 26 July 2022

2022-07-26T18:48:03Z

@@ Line 27: / Line 27: @@
 Some pretrial assessment tools require staff to conduct an interview with the individual and includes [[dynamic factors]] in addition to [[static factors]]. Other pretrial assessment instruments do not require an interview with the individual and are scored based on static factors that can be obtained from the individual’s current offense and/or prior criminal history.
-The goal of any pretrial program is to have the assessment completed prior to the individual’s [[arraignment]], so the judge has all the necessary information prior to making release decisions.
+[https://californiaprobationwiki.org/index.php/Pretrial_Assessment_Process Read more about the pretrial assessment process]
 ==Court Process==

Californiaprobationw admin at 18:45, 26 July 2022

2022-07-26T18:45:11Z

← Older revision		Revision as of 18:45, 26 July 2022
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	===Straight Release===		===Straight Release===

	The judge can alternately release the person from custody with no conditions (straight release or release on their own recognizance). The charges are generally less serious, or the individual may have a history of returning for court appearances. [https://californiaprobationwiki.org/index.php/Court_Process Read More]		The judge can alternately release the person from custody with no conditions (straight release or release on their own recognizance). The charges are generally less serious, or the individual may have a history of returning for court appearances.

			[https://californiaprobationwiki.org/index.php/Court_Process Read More on Court Process]

	==Community Supervision==		==Community Supervision==

Californiaprobationw admin at 18:44, 26 July 2022

2022-07-26T18:44:30Z

@@ Line 71: / Line 71: @@
 ===Straight Release===
-The judge can alternately release the person from custody with no conditions (straight release or release on their own recognizance). The charges are generally less serious, or the individual may have a history of returning for court appearances.
+The judge can alternately release the person from custody with no conditions (straight release or release on their own recognizance). The charges are generally less serious, or the individual may have a history of returning for court appearances. [https://californiaprobationwiki.org/index.php/Court_Process Read More]
 ==Community Supervision==

Californiaprobationw admin at 13:44, 12 July 2022

2022-07-12T13:44:34Z

← Older revision		Revision as of 13:44, 12 July 2022
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	If the probation officer determines the individual has violated their terms of supervision, they may file a petition and the court will hold a revocation hearing. The court may terminate the supervision or reinstate supervision with modifications and order jail time or the maximum sentence allowed by the law.		If the probation officer determines the individual has violated their terms of supervision, they may file a petition and the court will hold a revocation hearing. The court may terminate the supervision or reinstate supervision with modifications and order jail time or the maximum sentence allowed by the law.

	A revocation hearing may occur after a petition for violation of probation or mandatory supervision is filed with the court. The petition may be filed by the district attorney or probation officer. The judge will hear evidence to determine if there has been a violation. If the court determines a violation has occurred, the judge has several options.		A revocation hearing may occur after a [[petition]] for violation of probation or mandatory supervision is filed with the court. The petition may be filed by the district attorney or probation officer. The judge will hear evidence to determine if there has been a violation. If the court determines a violation has occurred, the judge has several options.

	Penal Code 1203.2(c) (link) gives the judge the authority to revoke and reinstate probation. It is likely new conditions will be added to the current terms of probation or mandatory supervision with this option. The judge also has the option to terminate probation or order the individual to serve the remainder of their sentence in jail.		Penal Code 1203.2(c) (link) gives the judge the authority to revoke and reinstate probation. It is likely new conditions will be added to the current terms of probation or mandatory supervision with this option. The judge also has the option to terminate probation or order the individual to serve the remainder of their sentence in jail.

Californiaprobationw admin at 19:32, 11 July 2022

2022-07-11T19:32:33Z

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