Upload
others
View
3
Download
0
Embed Size (px)
Citation preview
12/11/2019
1
LEGAL FOUNDATIONS OF PROBATION
San Diego County Probation
Reference Codes and Statutes
San Diego County Probation
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
San Diego County Probation
PC 7: Word and Phrases
Willfully
Neglect/ Negligence/ Negligent/ Negligently
Knowingly
Vessel
Peace Officer
Personal Property
San Diego County Probation
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.
San Diego County Probation
Group Work
PC 15
PC 16
PC 17 (a)-(b)
PC 1170 (h) (1)-(4)
PC 18
PC 19
PC 19.6
PC 3450
San Diego County Probation
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
Preliminary Provisions
PC 17 (a): Felony punishable by:State prison
County jail under 1170 (h)
PC 17 (b): Defines “wobbler”
San Diego County Probation
7
8
12/11/2019
5
Preliminary Provisions
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
San Diego County Probation
Preliminary Provisions
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
San Diego County Probation
9
10
12/11/2019
6
Preliminary Provisions
PC 19.9: Mandatory Supervision
PC 3450-3465: PostreleaseCommunity Supervision Act of 2011
San Diego County Probation
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
San Diego County Probation
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)
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
Expungement
PC 1203.4 (a)(1)Successful completion of probation, guilty plea set
aside
Must be informed of this right
San Diego County Probation
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
San Diego County Probation
Appointment of Our Chief
PC1203.6Appointment by Superior Court Judges
Except, per County Charter
Our County – Board of Supervisors
San Diego County Probation
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)?
San Diego County Probation
You and Your Penal Code
A Love Story (Especially for Investigators)
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
25
26
12/11/2019
14
California Rules of Court
Also Includes:
Mitigants and Aggravants
Probation eligibility
Local Prison split/guidelines
San Diego County Probation
Code of Civil Procedure
Judicial regulations, demeanor
Jury Selection
Penal Code book has limited sections
Most will not be relevant to Probation
San Diego County Probation
27
28
12/11/2019
15
Education Code
Offense for interference with the educational process
EC48323 SARB – School Attendance Review Board
San Diego County Probation
Family Code
Domestic violence prevention provisions
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
31
32
12/11/2019
17
Health and Safety Code
Drug possession, use and safety related offensesWe won’t see many of these
San Diego County Probation
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
San Diego County Probation
33
34
12/11/2019
18
Vehicle Code
VC10851 What is it?
PC666.5, what does it do?
VC23152 What is it?
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
Review of Some Codes
PC273.5
What is the prison term?
Felony or Misdemeanor?
Wobbler?
Most do not have prison terms deviating from 16-2-3
San Diego County Probation
37
38
12/11/2019
20
Review of Some Codes
PC484
Felony or Misdemeanor?
Prop-47?
PC666
PC664
What effect do these codes have?
San Diego County Probation
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)
San Diego County Probation
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
San Diego County Probation
Legal Terminology
San Diego County Probation
41
42
12/11/2019
22
Adjudication
Pronouncing a judgment in a case
San Diego County Probation
Aggravation
A circumstance that increases the degree of liability or culpability
San Diego County Probation
43
44
12/11/2019
23
Allegation
The assertion, declaration or statement of a party of what he can prove
San Diego County Probation
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.
San Diego County Probation
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.
San Diego County Probation
Codes
A comprehensive and systematically arranged body of law that probation officers refer to on a daily basis
San Diego County Probation
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.
San Diego County Probation
Complaint
Charging document accusing a defendant of criminal acts
San Diego County Probation
49
50
12/11/2019
26
Concurrent Sentences
A sentence that runs at the same time as another
San Diego County Probation
Consecutive Sentences
A sentence that runs after another
San Diego County Probation
51
52
12/11/2019
27
Defendant
The person, or organization, accused of a crime
San Diego County Probation
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
San Diego County Probation
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
San Diego County Probation
Dismissed without Prejudice
Cause is dismissed, but the prosecutor is not barred from re-filing the same charges
San Diego County Probation
55
56
12/11/2019
29
Disposition
Adjudication of a minor in Juvenile Delinquency proceedings
San Diego County Probation
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
San Diego County Probation
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.
San Diego County Probation
Felony
A serious criminal offense. Under federal law any offense punishable by death or imprisonment other than in a penitentiary
San Diego County Probation
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
San Diego County Probation
Fitness Hearing
WI707 Determination of a minor’s suitability for treatment in juvenile court
San Diego County Probation
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)
San Diego County Probation
Imposition of sentence
A means to place a defendant on probation
San Diego County 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.
San Diego County Probation
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.
San Diego County Probation
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.
San Diego County Probation
Infractions
Punishable by a fine
San Diego County Probation
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
San Diego County Probation
Mitigation
Circumstances which would tend to lesson the degree of culpability and the sentence of the crime for which a person in charged
San Diego County Probation
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.
San Diego County Probation
Peace Officer
Legally defined authority to make arrests, searches and seizures per vested powers
San Diego County Probation
71
72
12/11/2019
37
Petition
Written document charging a minor with an offense
San Diego County Probation
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
San Diego County Probation
73
74
12/11/2019
38
Plea
A declaration in open court of guilt or not guilty to accusations of criminal acts
San Diego County Probation
Plea Bargain/Agreement
Negotiated agreement between the parties in a criminal procedure
San Diego County Probation
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.
San Diego County Probation
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
San Diego County Probation
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.
San Diego County Probation
Termination
Order by the court ending jurisdiction or ward ship
San Diego County Probation
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
San Diego County Probation
Time Credits
Custody credits legally attributable to a case
San Diego County Probation
81
82
12/11/2019
42
Ward
A minor under the jurisdiction of the juvenile court
San Diego County Probation
Warrant
An order of a court which directs law enforcement officers to bring the person before the Judge
San Diego County Probation
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
San Diego County Probation
That’s All Folks
Enjoy the rest of your CORE…Stay Awake and Learn A Lot!
San Diego County Probation
85
86