AB 1816: Probation: duration.

Existing law authorizes courts that have jurisdiction in misdemeanor cases to suspend the sentence and make and enforce terms of probation in those cases, for a period not to exceed one year, except as specified. Existing law authorizes the court, in an order granting probation, to suspend the imposition or execution of the sentence and direct the suspension to continue for a period of time not exceeding 2 years, except for specified offenses, including, among others, violent felonies and embezzlement.

This bill would remove the 2-year limit for specified sex crimes, serious felonies, and offenses for which the probation department files a petition to the court and the court makes a finding that the defendant has not successfully completed probation and needs additional time for programming. The bill would instead authorize probation for a period of time not to exceed the maximum possible term of the sentence, as specified. By increasing the duration of probation, 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.