The new California probation law is the Correctional Realignment Act of 2011, also referred to as Assembly Bill (AB) 109 and commonly known as “Realignment. ” This law shifted the responsibility of low-level, non-violent offenders from the state to the counties.
The primary purpose of the Realignment was to provide alternatives to incarceration and probation for those arrested for low-level felonies to reduce the number of inmates in over-crowded state prisons and to shift the burden of expense for managing these offenders to local counties.
Realignment encourages counties to provide supervision only when it is deemed necessary and to divert offenders—those not deemed to be a risk by their probation officer—to services providers in their communities created to address identified needs of offenders, such as substance abuse, job training and housing support.
This law also requires counties to abide by the “least restrictive supervision criteria,” prohibiting the maximum terms of active, punitive probation sentences to no more than a maximum of three or five years, depending on the offense.
For low-level, non-violent offenders who fail to comply with the terms of their probation and effectively meet the conditions of realignment, a number of “intermediate sanctions” have been developed to swiftly respond to the person’s behavior violations.
Upon notification of a violation, the offender may be subject to brief periods of confinement (e. g. , weekend or week-long sentences) and increased levels of supervision instead of extended (6 months or more) incarceration in a State prison.
Overall, the new California probation law is designed to reduce corrections costs and prison overcrowding and to smartly manage those on probation. It emphasizes upstream intervention strategies and keeps those serving time safely and in the most appropriate setting.
Table of Contents
What are the rules of probation in California?
The rules of probation in California depend on the court and on the individual probationer. In general, a probationer must abide by all laws, submit to warrantless searches, submit to testing for drugs, not possess a firearm, and not leave the state without permission.
In addition, the court may impose specific conditions, such as payments of fines or restitution, community service, counseling, drug rehabilitation, alcohol treatment, and electronic monitoring. Probationers may be subject to random drug testing, provided the probation officer has sufficient justification for the test.
If an offender fails to abide by the terms of their probation, the court may issue a warrant for their arrest, issue a notice to appear, or modify their terms and conditions.
How much time do you get for violating probation in California?
The amount of time someone can receive for violating probation in California can vary depending on the crime committed and the circumstances that led to the violation. In some cases, a judge may impose a jail sentence of up to one year in county jail.
A person charged with a felony may receive up to a three-year prison sentence. A judge may also order someone who violates probation to complete supervision, community service, and/or an educational or treatment program.
Depending on the severity of the violation, someone on probation may also have to pay a fine, restitution or both. Ultimately, the time someone spends in jail or prison when violating probation will depend on the discretion of the judge.
What is the most common violation of probation?
The most common violation of probation is a failure to comply with court-ordered conditions. Examples of violations include not following the rules set by a probation officer, not meeting with the probation officer as required, testing positive for drugs or alcohol, failing to make court-ordered payments, and being arrested for another crime.
Probation officers usually take a hard line on any violation of probation and may require an offender to complete additional classes or undergo additional surveillance or monitoring.
For less serious violations, a probation officer may choose to modify the terms or conditions of probation or issue a warning. In more serious cases, the offender may be sent back to court to face additional penalties, including extension of probation, increased fines, additional community service hours, or revocation of probation and incarceration.
What happens when you violate probation for the first time?
When a person violates their probation for the first time, they will, in most cases, face a certain level of consequences. Depending on the details of the violation, the level of consequences will vary and could include being detained, having additional fines and court costs, having a longer term of probation, lost privileges (such as the right to drive or to carry a firearm), or even a period of incarceration.
For example, if a person is on probation for a felony or misdemeanor drug conviction and is arrested on a similar drug charge or fails a drug test, the court may revoke the probation and order the person to serve the entirety of their original sentence, including a possible jail period.
Another possible consequence for a violation of probation could be having the person re-enter a treatment program, which could include drug counseling, additional periods of community service, job training or other interventions intended to help the individual remain compliant with the conditions of probation.
It is important to understand that the courts can impose any number of consequences for violations of probation and the specific violation will dictate the potential outcomes.
What rights do you have when you are on probation?
When someone is on probation, they retain certain basic rights under criminal law. The exact rights an offender has while on probation can vary by state, as well as the type of probation. Generally, probationers have the following rights:
1. To have all contact with their probation officer be voluntary unless a request or court appearance is required.
2. To be treated respectfully and not discriminated against based on their race, sex or nationality
3. To have a lawyer represent them during the probation period
4. To have the conditions of the probation explained to them in detail
5. To have a probation officer explain their probation requirements quickly
6. To have regular reviews of their probation to ensure its conditions are being met
7. To appeal a probation violation or revocation
8. To be notified of any grievances or complaints made against them to their probation officer
9. To be offered counseling, treatment, or other services necessary to meet the conditions of their probation
10. To be notified of any changes in their probation terms, such as varied restrictions and additional requirements.
What’s the longest you can be on probation?
The length of probation depends on the jurisdiction, the offense for which probation was imposed, and the conditions of probation. In general, probation orders can last anywhere from a few months to several years.
In some extreme cases, probation could extend up to the maximum sentence for the offense, minus any time already served in jail or prison. For example, if an offender was sentenced to five years in prison and served two years, they could be placed on probation for the remaining three years.
Some jurisdictions also allow probation to be extended if an offender is found to be in violation of the terms of probation.
What is a good excuse to miss probation?
A good excuse to miss probation could include needing to take care of a family member with an illness, dealing with an unexpected doctor’s visit, or needing to attend an important work/family event. If the probation meeting is scheduled ahead of time, then planning ahead and offerting the probation officer an alternative time to meet can also be a good excuse.
In some cases, a specific court order may allow for missing a probation meeting for these other commitments. Ultimately, having a good excuse for missing probation in these cases can help to ensure that an individual does not face potential penalties due to missing meetings.
How far back does a lab urine test go?
A lab urine test can measure or detect the presence or absence of different components in your sample. The concentrations and the amount of time that a substance remains detectable in a urine sample will vary based upon the type of substance, the amount that was ingested, and when it was last used.
Generally, marijuana, cocaine, and opiates can be detected between 2-5 days, amphetamines and methamphetamine can be detected between 2-5 days, and alcohol can be detected up to 24 hours. However, there have been cases when substances (such as marijuana and cocaine) have been found at trace amounts up to 10-15 days after use.
It’s important to keep in mind that laboratory testing can sometimes produce false positive results due to cross-reactivity from other substances. If you believe that a substance has been detected in your urine sample that shouldn’t be there, then it’s best to seek out a retest from a different laboratory to verify the results.
How far back can alcohol be detected in your urine?
Alcohol can be detected in your urine for up to 80 hours after consumption. However, the exact time can vary depending on the individual. Factors such as your size, gender, weight, and the amount of alcohol that you have consumed can all play a role in how long alcohol can be detected in your urine.
For example, a larger person may have alcohol detectable in their urine for a longer period of time than a smaller person. Additionally, heavy drinking can result in the detection of alcohol in the urine beyond the 80 hour mark.
Is violation of probation a felony or misdemeanor?
Violation of probation (VOP) is usually classified as a misdemeanor offense, but in some cases, violation of probation can be considered a felony offense. The way the criminal offense is classified, depends on the specific details of the probation violation and the jurisdiction you are located in.
Generally, if a person violates the terms of their probation by committing a new crime, then it can be considered a felony offense. Additionally, if a person is on probation for a felony offense and the probation violation is for failing to follow the probation rules, such as failing to pay fines or to submit to drug testing, then the violation may be considered a felony offense as well.
It is ultimately up to the court in question to determine whether or not a probation violation should be punished as a felony or a misdemeanor.
Which investigation by probation is the most important?
When it comes to investigations by probation, the most important factor is determining an individual’s risk levels. Through careful evaluation of an individual’s background and current environment, the probation officer can identify concerning factors, such as possible drug addiction, gang affiliation, or mental health issues.
Additionally, information gathered from interviews with family members and other relevant individuals can play a vital role in evaluating the risks posed by an individual.
Once risks are identified, the probation officer must carefully assess the situation. Appropriate action must be taken in order to ensure the individual does not engage in any further criminal activity.
If needed, intensive supervision may be employed to ensure the safety of the public and the individual. During intensive supervision, probation officers may require additional meetings with individuals, drug testing, curfews, and community service.
Additionally, it is important for probation officers to provide individuals with proper resources to help improve their behavior. This may involve referrals to addiction treatment centers, counseling services, employment centers, and community organizations.
Overall, determining an individual’s risk levels is the most important investigation by probation, as it allows officers to take appropriate actions to protect both the individual and the public. Through careful assessment and providing individuals with resources, probation officers can help set individuals on the correct path.
What are three drawbacks of probation sentences?
There are three main drawbacks of probation sentences that should be considered. First, probation sentences often depend on the resources of the probation officers. Probation officers may be overburdened and lack the tools or staff necessary to monitor each probationer.
This makes it difficult for probation officers to provide the necessary support and oversight, increasing the probability of probationers re-offending.
Second, probation sentences can be difficult to enforce, especially if the probationer is uncooperative. Without the general control and rules of imprisonment, it may be harder to force probationers to adhere to compliance guidelines or treatment protocols.
This can push compliance rates lower, resulting in higher recidivism rates.
Third, probation sentences come with a variety of conditions and restrictions, and managing them can be a challenge. The probationer may be required to complete classes, meet with a probation officer, attend drug counseling, and obey curfews.
If the probationer fails to adhere to any of the conditions, they can easily find themselves back in jail. This can increase frustration for both the probationer and the criminal justice system.
