SB 194

Bill Subjects

Abstract

Existing law allows an order revoking probation to be set aside for good cause before judgment has been pronounced. If probation has been revoked after judgment has been pronounced, existing law allows the judgment and the order which revoked the probation to be set aside within 30 days after the court has notice that the execution of the sentence has commenced. If an order setting aside the judgment, the revocation of probation, or both, is made after the expiration of the probationary period, existing law allows the court to place the person on probation for that period and with those terms and conditions as it could have done immediately following conviction. This bill would allow the court to place the person on probation for one additional period of probation, no longer than the shortest amount of time required to meet the rehabilitative goals of the defendant, up to a maximum of that period and with those terms and conditions as it could have done immediately following conviction if the order setting aside the judgment, the revocation of probation, or both, was made before the expiration of the probationary period. By increasing the duties of probation officers, this bill would impose a state-mandated local program. 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.