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Probation violation

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quincy

Senior Member
#17
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#18
Here is a better link to the law than the one I provided earlier, as it lists the possibilities when an offender on post release community supervision violates the terms of probation:
http://law.onecle.com/california/penal/3455.html

And here is a link to the Postrelease Community Supervision Act:

http://law.onecle.com/california/penal/part-3/title-2.05/index.html

California laws have got to be the most confusing laws in the country (although New York runs a close second). :)
Post release should be PAROLE not probation.
 

quincy

Senior Member
#19
Post release should be PAROLE not probation.
In most states, yes. I believe under California's PRCS, however, that the offender once released from prison is under the supervision of the probation department rather than the parole board.

The offender cannot be returned to prison (absent a referral to a "reentry" court). If the postrelease terms are violated and the PRCS is revoked, the offender could wind up in a county jail, though.

The above is my understanding, at any rate. :)
 
#20
You’re going to jail, no doubt. 5 urines? While youre in treatment? Get clean, you aren’t getting out of this. If you do somehow someway it’s very clear you will be using right away. You are a addict. You need to look into it and not just use the treatment the court puts you in so you stay out of jail. Drugs aren’t worth it. They aren’t, your life is valuable. You deserve to live a clean, and sober life. You’re going to jail, possibly state prison. Use it to better yourself. I know it seems like a impossible place to do it but you can. If you continue your life as you are you will either live Your life as a inmate, or your life will end And you’ll be in the ground, lifeless. If you were in Jefferson County, Pennsylvania you would be spending 2 1/2-10 years for each urine. All you can do right now is prepare yourself, go into jail with a different attitude and get ready to start your clean time calendar.
 

quincy

Senior Member
#22
You’re going to jail, no doubt. 5 urines? While youre in treatment? ... You’re going to jail, possibly state prison. Use it to better yourself. I know it seems like a impossible place to do it but you can. If you continue your life as you are you will either live Your life as a inmate, or your life will end And you’ll be in the ground, lifeless. If you were in Jefferson County, Pennsylvania you would be spending 2 1/2-10 years for each urine. All you can do right now is prepare yourself, go into jail with a different attitude and get ready to start your clean time calendar.
Please, no definitives. No one here can know anything for a fact.

Prison is not likely under PRCS.
 
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#23
Please, no definitives. No one here can know anything for a fact.

Prison is not likely under PRCS.
I was under the assumption he was released on a suspended sentence, probation is usually the start of s sentence that is in place rather than jail, once violated especially 5 times, its often revoked and you then you are then sentenced to that time in jail, and parole is after you’ve been and jail and it is opportunity for a early release and then you finish your sentence on parole, which it is very hard to get sent back to prison on parole but it’s possible. It sounds like they’ve given him 4 chances to stop using substances on his on on the 5th sanctioned him to treatment which he has managed to get himself dropped, I’m assuming there’s some type of jail sanction or PV center at least, I’m not sure if they only have certain jails they may use as a sanction like other states do, but if they do not have room for the parolee , in a county or PV center they may put them in State prison for a short period of time .
 

Just Blue

Senior Member
#24
I was under the assumption he was released on a suspended sentence, probation is usually the start of s sentence that is in place rather than jail, once violated especially 5 times, its often revoked and you then you are then sentenced to that time in jail, and parole is after you’ve been and jail and it is opportunity for a early release and then you finish your sentence on parole, which it is very hard to get sent back to prison on parole but it’s possible. It sounds like they’ve given him 4 chances to stop using substances on his on on the 5th sanctioned him to treatment which he has managed to get himself dropped, I’m assuming there’s some type of jail sanction or PV center at least, I’m not sure if they only have certain jails they may use as a sanction like other states do, but if they do not have room for the parolee , in a county or PV center they may put them in State prison for a short period of time .
Are you basing the ^ on California Law?
 
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Zigner

Senior Member, Non-Attorney
#25
I was under the assumption he was released on a suspended sentence, probation is usually the start of s sentence that is in place rather than jail, once violated especially 5 times, its often revoked and you then you are then sentenced to that time in jail, and parole is after you’ve been and jail and it is opportunity for a early release and then you finish your sentence on parole, which it is very hard to get sent back to prison on parole but it’s possible. It sounds like they’ve given him 4 chances to stop using substances on his on on the 5th sanctioned him to treatment which he has managed to get himself dropped, I’m assuming there’s some type of jail sanction or PV center at least, I’m not sure if they only have certain jails they may use as a sanction like other states do, but if they do not have room for the parolee , in a county or PV center they may put them in State prison for a short period of time .
Please don't post if you don't know.
 
#26
Well he isn't in Jefferson County, Pennsylvania he is in California.
I was simply insinuating he should be grateful for what he has now because other places he wouldn’t have the opportunity, if the law is giving you a hand don’t bite it, hopefully if this lad was given another chance he makes better choices
 

quincy

Senior Member
#27
I was simply insinuating he should be grateful for what he has now because other places he wouldn’t have the opportunity, if the law is giving you a hand don’t bite it, hopefully if this lad was given another chance he makes better choices
California is, indeed, unique in offering a post release community supervision that makes it unlikely that a repeat offender will wind up back in prison after release, although it is not outside the realm of possibilities. If the probation is revoked, jail time is a more likely possibility.

B12570, I provided some links to California's PRCS that can be helpful if read, and doing a simple search of "California's PRCS" can also show links to sources of more information, if you want to understand how California's law differs from release and supervision in your own state.
 

CdwJava

Senior Member
#28
In most states, yes. I believe under California's PRCS, however, that the offender once released from prison is under the supervision of the probation department rather than the parole board.

The offender cannot be returned to prison (absent a referral to a "reentry" court). If the postrelease terms are violated and the PRCS is revoked, the offender could wind up in a county jail, though.

The above is my understanding, at any rate. :)
Essentially, correct. PRCS is a effectively state parole managed by county Probation. It can be a real head scratcher at the local level, especially when you consider that there is no guaranteed funding for all the services that the county must now provide that used to be provided by the state.

Under realignment, most lower term felonies are served in county jail as opposed to state prison. This means that many offenders previously held in county jail get bumped by criminals formerly housed in state prison ... i.e. drug and theft offenders often serve little or no jail time as a result. The OP's grand theft and PC 290 probation violations are (sadly) unlikely to result in any real time.
 

quincy

Senior Member
#29
Essentially, correct. PRCS is a effectively state parole managed by county Probation. It can be a real head scratcher at the local level, especially when you consider that there is no guaranteed funding for all the services that the county must now provide that used to be provided by the state.

Under realignment, most lower term felonies are served in county jail as opposed to state prison. This means that many offenders previously held in county jail get bumped by criminals formerly housed in state prison ... i.e. drug and theft offenders often serve little or no jail time as a result. The OP's grand theft and PC 290 probation violations are (sadly) unlikely to result in any real time.
That was my understanding, after trying to digest what I read about PRCS.

If there is anything you can do to make California laws saner, Carl, I am one who would appreciate it. :)
 

CdwJava

Senior Member
#30
That was my understanding, after trying to digest what I read about PRCS.

If there is anything you can do to make California laws saner, Carl, I am one who would appreciate it. :)
I wish! It gets more insane every week, with truly insane proposals sitting in the state legislature right now! As soon as my wife can retire, we're out!
 
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