Probation: duration.

Plain English Breakdown

The bill does not explicitly mention state funding requirements, only the possibility of mandated reimbursement if certain conditions are met.

Probation Time Limits

This law changes probation duration limits for certain serious crimes and sex offenses.

What This Bill Does

• Removes the two-year limit on probation for specified sex crimes, serious felonies, and other major offenses if the court finds that additional time is needed for rehabilitation programs.
• Allows courts to extend probation beyond two years up to the maximum possible sentence term in cases where the defendant has not successfully completed probation and needs more programming time.
• Limits any additional probation period to one year for people required to register as sex offenders.

Who It Names or Affects

• People convicted of serious crimes, especially those involving sex offenses.
• Courts and probation departments in California.
• Local agencies that may incur costs due to extended probation periods.

Terms To Know

Probation

A period after a criminal sentence where the person is not sent to jail but must follow certain rules set by the court.

Rehabilitation

Programs designed to help people change their behavior and become better citizens.

Limits and Unknowns

• The exact length of extended probation will depend on the specific case.
• Local agencies may need more funding if this law leads to longer probation periods for many offenders.

Official Summary Text

AB 1816, as amended, Davies.
Probation: duration.
Existing law authorizes courts that have jurisdiction in misdemeanor cases to suspend the sentence and make and enforce terms of probation in those cases, for a period not to exceed one year, except as specified. Existing law authorizes the court, in an order granting probation, to suspend the imposition or execution of the sentence and direct the suspension to continue for a period of time not exceeding 2 years, except for specified offenses, including, among others, violent felonies and embezzlement.
This bill would remove the 2-year limit for specified sex crimes, serious felonies, and offenses for which the probation department files a petition to the court and the court makes a finding that the defendant has not successfully completed probation and needs additional time for programming. The bill would instead authorize probation for a period
of time not to exceed the maximum possible term of the sentence, as specified. By increasing the duration of probation, this bill would impose a state-mandated local program.
This bill would, for an offender required to register as a sex offender as a condition of probation, if the probation department files a petition to the court and the court makes a finding the defendant has not successfully completed probation and additional time is necessary for programming, authorize the court to order the term of probation to continue for a period not exceeding one additional year.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF