This is California Probation
Equity in Gender, Diverse Officers Focused on Collaborative Safety for All
California Probation officers are diverse and highly educated professionals with over 72% of probation officers identifying as non-white, and 51% are women, the majority have four-year degrees, and over half of probation departments have employed former system-involved individuals.
California Probation is educated and trained to help protect communities by carefully balancing justice-involved individuals’ need for accountability along with their need for the help and hope required to safely leave the justice system permanently.
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LEGAL UPDATES
August 28, 2023
CA 1st Appellate District Decision re Required Foundation
to Trigger Presumptive Lower Sentencing Based on
Youth:
April CA 1st District of Appeal case holding that in order to
invoke Penal Code section 1170 (b)(6)(B)’s presumptive imposition
of the lower sentencing term, an initial showing must be made
that the defendant’s youth contributed to the crime. In this
case, defendant was 23 years-old when she was charged with
manufacturing a controlled substance and possession of marijuana
for sale. She pleaded no contest and was placed on
probation per the plea agreement. Three years later she
admitted a probation violation. The trial court revoked her
probation and sentenced her to the middle term: a five-year stint
in the local prison. The Defendant appealed arguing that
the trial court abused its discretion when it failed to follow
Penal Code section 1170(b)(6)(B) sentencing requirements to
impose the lower term if the defendant’s youth was a contributing
factor of the crime’s commission. The appellate court upheld
the trial court’s sentence and agreed that trial court was NOT
required to follow section 1170 (b)(6)(B)’s guidelines because
there was nothing in the record demonstrating that the
defendant’s youth was a contributing factor to her offense.
Accordingly, there was no abuse of discretion.
From the Law Offices of Jones
Mayer:
CPOC received these legal alerts from the Law Offices of Jones
and Mayer. CPOC is not a client of Jones and Mayer; however, they
forward their alerts to CPOC so we are sending along the
information to you as an FYI. Should you have questions regarding
the information contained within this memo, we encourage you to
speak with your county counsel for legal guidance as this
information was not written for probation; however, you may find
in these alerts some useful or pertinent information.
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