LEGAL FOUNDATIONS OF PROBATION - San Diego County, … · 12/11/2019 3 PC 12 Any crime is...

12/11/2019

1

LEGAL FOUNDATIONS OF PROBATION

San Diego County Probation

Reference Codes and Statutes


1

2

12/11/2019

2

Legal Reference

What’s in your Penal Code book? Penal Code of CA – Table of Contents:Of Crimes and Punishment

Of Criminal Procedure

Of Imprisonment and the Death Penalty

Prevention of Crimes and Apprehension of Criminals

Peace Officer’s Memorial


PC 7: Word and Phrases

Willfully

Neglect/ Negligence/ Negligent/ Negligently

Knowingly

Vessel

Peace Officer

Personal Property


3

4

12/11/2019

3

PC 12

Any crime is considered “punishable” and it is the Court’s duty to pass a sentence and impose a punishment.


Group Work

PC 15

PC 16

PC 17 (a)-(b)

PC 1170 (h) (1)-(4)

PC 18

PC 19

PC 19.6

PC 3450


5

6

12/11/2019

4

Preliminary Provisions

PC 15: Crimes defined; punished by:Death

Imprisonment

Fine

PC 16 Kinds of CrimesFelony

Misdemeanor

InfractionSan Diego County Probation


PC 17 (a): Felony punishable by:State prison

County jail under 1170 (h)

PC 17 (b): Defines “wobbler”


7

8

12/11/2019

5


PC 1170 (h) (1)-(4): Felonies punishable by imprisonment in state prison OR county jail

PC 1170 (h)(5)(A): Full Term

PC 1170 (h)(5)(B): Split Sentence



PC 18: Punishment for a Felony16 - 2 – 3

PC 19: Punishment of Misdemeanor

PC 19.6: Punishment for Infractions Not entitled to a jury trial.

Not entitled to an appointed attorney


9

10

12/11/2019

6


PC 19.9: Mandatory Supervision

PC 3450-3465: PostreleaseCommunity Supervision Act of 2011


Crimes and Punishment

PC 26 – Who can commit a crime? Under 14? No unless there is clear proof the minor knew its

wrongfulness

Mentally incapacitated

Ignorance or mistake of fact, which disproves criminal intent

Committed the act unconsciously

Committed the act because of misfortune, or by accident, no evil design to show culpable negligence

Committed the act and can show a reasonable cause to believe their lives would be endangered if they refused


11

12

12/11/2019

7

Group Work

PC 1203 (a)

PC 1203d

PC 1203.05

PC 1203.1 (a)

PC 1203.2 (a)

PC 1203.3 (a)-(b)

PC 1203.4 (a) (1)

PC 1203.8 (a)


Probation Authority

PC 1203 (a): Defines probation: Imposition verses Execution

PC 1203d: Probation report requirementsDue 5 days prior to hearing for Felony

Due 2 days prior to hearing for Misdemeanor

Must be made available to defendant and victim


13

14

12/11/2019

8

Inspection and Copy of the Report

PC 1203.05 – From Court Records60 days after judgment, for anyoneAny time with a Court OrderAnyone with authority by lawDA at any timeSubject of the report at any timePer Judicial agreement, any other probation

agencyVictim


Authority For Supervision

PC1203.1 Term generally not to exceed 5 yearsOr maximum possible prison term

Fines, restitution, require defendant to work to pay

Administration fees


15

16

12/11/2019

9

Re-Arrest Powers

PC 1203.2 (a) Includes Mandatory Supervision & PRCSNotice to defendant regarding violations

PC 1203.3 (a)-(b) Includes Mandatory SupervisionCourt has authority to revoke, modify or terminate

at any timeMust have a hearing


Expungement

PC 1203.4 (a)(1)Successful completion of probation, guilty plea set

aside

Must be informed of this right


17

18

12/11/2019

10

Community Corrections Partnership (CCP)

PC 1203.8 (a): Multiagency plan to prepare for Re-entry of OffendersDrastic changes as a result of AB109

Chaired by Chief of Probation

Interagency Cooperation

Distributes AB109 funding


Appointment of Our Chief

PC1203.6Appointment by Superior Court Judges

Except, per County Charter

Our County – Board of Supervisors


19

20

12/11/2019

11

Create a Crime

Group Activity Define a new crime such as cyber-bullying, sexting, ID theft,

hacking, drone use, etc, or act as if you’re the first people to codify a crime back in early human history What is the crime?

What are the elements of the crime?

What are the possible punishments/degrees?

What type/length of supervision? Consequences for violating?

What is the social problem behind codifying it? Why is it wrong?

Are there other important social consideration(s)?


You and Your Penal Code

A Love Story (Especially for Investigators)


21

22

12/11/2019

12

How Do You Know What Kind of Crime?

Always refer to the charging document Always refer to the change of plea form

Or, Jury/Court verdict form Juvenile petition with true findings by the court or

admissions by the juvenile Court minutes which indicate the charges a defendant

has admitted guilt What charges have been dismissed Can only be punished for those charges in which a

defendant has admitted or been found true by a Jury/Court


Judicial Council

Who are They? The Council is responsible for improving the statewide

administration of justice in the California courts, the largest court system in the nation


23

24

12/11/2019

13

Judicial Council Rules

AKA – California Rules of Court

Review 4.411 – Pre-sentence Investigations (PSI) and Reports

Review 4.411.5 – Contents of PO Report


Sentencing Objectives

Ct. Rules 4.410 – Sentencing Objectives Protecting Society Punishing the defendant Encouraging the def to lead a law abiding life and

deterring him/her from future offenses Deterring others from committing offenses Preventing the def from committing other offenses by

isolating him/her Securing Restitution for the Victims Achieving uniformity in sentencing


25

26

12/11/2019

14

California Rules of Court

Also Includes:

Mitigants and Aggravants

Probation eligibility

Local Prison split/guidelines


Code of Civil Procedure

Judicial regulations, demeanor

Jury Selection

Penal Code book has limited sections

Most will not be relevant to Probation


27

28

12/11/2019

15

Education Code

Offense for interference with the educational process

EC48323 SARB – School Attendance Review Board


Family Code

Domestic violence prevention provisions


29

30

12/11/2019

16

Welfare and Institutions Code

WIC 300 Dependant minors

WIC 601 Status offenders

WIC 602 Delinquent minors

Defines juvenile court proceedings

WIC 777 - violations and proceedings related to fitness for treatment in juvenile court

All to be covered in greater detail later in this CORE course


Business and Professions Code

Regulates businesses and professions

Will not see too many of these offenses

BP4148, Possession of Syringe

BP25662, Minor in Possession of Alcohol

BP4324, Forged Prescription


31

32

12/11/2019

17

Health and Safety Code

Drug possession, use and safety related offensesWe won’t see many of these


Health and Safety Code

Are you awake???Drug use, abuse and possession is a MAJOR issue

for many of our clients

We will see MANY offenses involving the HS Codes

Changes due to Prop-47


33

34

12/11/2019

18

Vehicle Code

VC10851 What is it?

PC666.5, what does it do?

VC23152 What is it?


Review of Some Codes

HS11350 (a) Felony or Misdemeanor? Wobbler?

(b) Felony or Misdemeanor? Wobbler? Where does this section refer us?

(d) Fines for first and second offense

HS11377 Felony or Misdemeanor? Wobbler?

Look at PC1000

Prop 36, PC1210 et, Seq.

Sometimes HS and PC sections are inter-related


35

36

12/11/2019

19

Index

Reference by Topic

Use this as a reference to find issues or topics

Cross referenced in many areas



PC273.5

What is the prison term?

Felony or Misdemeanor?

Wobbler?

Most do not have prison terms deviating from 16-2-3


37

38

12/11/2019

20


PC484

Felony or Misdemeanor?

Prop-47?

PC666

PC664

What effect do these codes have?


Proposition 47

PC1170.18(a) HS11350, HS11357, HS11377

PC459.5, PC473, PC476a, PC490.2, PC496, PC666

PC1170.18(b)(1)-(3)

PC1170.18(c)-(h)

PC3000.08

PC1170.18(i)-(o)


39

40

12/11/2019

21

Reminders:

Always read the code section of conviction for penalties

If a code refers you to another section, read it

Don’t assume you know the penalties, look it up

Don’t assume the Court or DA has correctly listed the penalties

If you do not understand the code, ask your supervisor

Do not rely on the On-line Penal Code, use the Book!

Use the PC from year of offense


Legal Terminology


41

42

12/11/2019

22

Adjudication

Pronouncing a judgment in a case


Aggravation

A circumstance that increases the degree of liability or culpability


43

44

12/11/2019

23

Allegation

The assertion, declaration or statement of a party of what he can prove


Base Term

Determinate term selected from among three possible prison terms based on an analysis of the relative strengths of the aggravating and mitigating factors. The mid-term is presumptive, if the mitigating and aggravating factors are of equal weight.


45

46

12/11/2019

24

Case Law

Legal principles that are developed by Supreme and Appellate courts when deciding appeals and includes law created by judges when deciding individual disputes or cases.


Codes

A comprehensive and systematically arranged body of law that probation officers refer to on a daily basis


47

48

12/11/2019

25

Commitment

The warrant or order by which a court or magistrate directs an officer to take a person to prison. A defendant can also be committed to County jail for a term of incarceration.


Complaint

Charging document accusing a defendant of criminal acts


49

50

12/11/2019

26

Concurrent Sentences

A sentence that runs at the same time as another


Consecutive Sentences

A sentence that runs after another


51

52

12/11/2019

27

Defendant

The person, or organization, accused of a crime


Dismissal

Court failing to find sufficient evidence to sustain a petition will dismiss it or individual charges, therein. The Court may also dismiss a sustained petition if it finds the interest of justice or the welfare of the minor merits the action


53

54

12/11/2019

28

Dismissal with Prejudice

The action is dismissed for cause and the prosecutor is barred from re-filing the charges


Dismissed without Prejudice

Cause is dismissed, but the prosecutor is not barred from re-filing the same charges


55

56

12/11/2019

29

Disposition

Adjudication of a minor in Juvenile Delinquency proceedings


Enhancement

An additional term of imprisonment added to the base term. It has to be pled and proven. The circumstances which result in an enhancement can be an aggravating factor; however, if an enhancement is changed, pled, or proven, then the facts relating to that enhancement cannot be used to aggravate the base term Exp: Gang enhancement


57

58

12/11/2019

30

Execution of Sentence

When a defendant had been sentenced in Court and had a stayed service of the sentence. It is the execution of a pre-determined sentence.


Felony

A serious criminal offense. Under federal law any offense punishable by death or imprisonment other than in a penitentiary


59

60

12/11/2019

31

Finding/Conviction

When the Court finds that a person is guilty of an offense which has been alleged. “Finding” as a juvenile term, “conviction” is an adult term


Fitness Hearing

WI707 Determination of a minor’s suitability for treatment in juvenile court


61

62

12/11/2019

32

Grant of Probation

A set of conditions set by the Court when a defendant is placed on probation. A defendant may have several grants of probation from separate rulings of the court simultaneously (Exp: probationers with multiple cases)


Imposition of sentence

A means to place a defendant on probation


63

64

12/11/2019

33

In Propria Persona

From Latin, “in one’s own proper person”

A party represents themselves without the benefit of an attorney. Also known as “pro per” status.


Indictment

Formal accusation of criminal acts issued by the Grand Jury after considering evidence presented by the prosecuting agency. The formal charge issued stating that there is enough evidence the defendant committed the crime to justify a trial.


65

66

12/11/2019

34

Information

Charging document issued after a preliminary hearing alleging criminal acts that the court found sufficient cause to believe the defendant committed the crimes.


Infractions

Punishable by a fine


67

68

12/11/2019

35

Misdemeanor

Punishable by a fine or imprisonment in County jail not exceeding one year, rather than in State Prison


Mitigation

Circumstances which would tend to lesson the degree of culpability and the sentence of the crime for which a person in charged


69

70

12/11/2019

36

Nolo Contendre

Latin phrase, “I do not wish to contest”

Generally the benefit is not to have the plea used as an admission of guilt in a civil law suit, the Court must agree to this plea.


Peace Officer

Legally defined authority to make arrests, searches and seizures per vested powers


71

72

12/11/2019

37

Petition

Written document charging a minor with an offense


Placement

Dispositional option after a minor is judged a ward of the court. Time in placement will not count against the maximum period of confinement


73

74

12/11/2019

38

Plea

A declaration in open court of guilt or not guilty to accusations of criminal acts


Plea Bargain/Agreement

Negotiated agreement between the parties in a criminal procedure


75

76

12/11/2019

39

Preliminary Hearing

Presentation of evidence by the prosecuting agency for a court to determine if probably cause exists that the accused committed the crimes. Often called a mini-trial. The burden of proof is less than a trial.


Remand

Appellate Court sends a case back to the trial court for further action on appeal. Usually when there has been an error in legal application of the law.

Also used as a term when taking someone into jail custody from Work Furlough


77

78

12/11/2019

40

Sentencing Range

Typically consists of a triad of prison terms in Determinate Sentencing Law. Life terms have various ranges depending on Indeterminate Sentencing Law.


Termination

Order by the court ending jurisdiction or ward ship


79

80

12/11/2019

41

Term and Conditions

Term is the time the defendant or ward has been placed on probation

Conditions are the orders of the court with which the defendant or ward must comply


Time Credits

Custody credits legally attributable to a case


81

82

12/11/2019

42

Ward

A minor under the jurisdiction of the juvenile court


Warrant

An order of a court which directs law enforcement officers to bring the person before the Judge


83

84

12/11/2019

43

Wobbler

When a crime is punishable, in the discretion of the court, by imprisonment in the State Prison or by fine or imprisonment in the County jail, it is a misdemeanor. Penal Code section 17


That’s All Folks

Enjoy the rest of your CORE…Stay Awake and Learn A Lot!


85

86

Date post:	17-Jul-2020
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times

LEGAL FOUNDATIONS OF PROBATION - San Diego County, … · 12/11/2019 3 PC 12 Any crime is...

Documents