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California Probation Laws Checked by San Bernardino County Appeals Court

By Walin & Klarich

Court holds probation department must explain why it wishes to require probationer to wear GPS monitoring device Over the last several years the legislature has expanded the rights of the probation departments in California to impose new terms of probation as well as to set the level and type of supervision that each probationer will require. In the recent pending appeals case in San Bernardino County the court of appeal put a halt to the probation departments ability to impose new and different conditions on probationers without good cause. Steve plead guilty to a felony and was placed on three years formal probation. The first two years of probation went without any probation violation incidents. Steve had no prior record. During the third year of probation the probation officer decided to add a new condition that Steve wear a GPS monitoring device 24/7 so the probation officer would know his whereabouts...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 04, 2009 (boomark / email).