Penal Code section 1203.3; Modification of Sentence; Early Termination of Probation
Probation; revocation, modification or termination and discharge; conditions;
revocation at time of escape; hearing:
(a) The court shall have authority at any
time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence. The court may at
any time when the ends of justice will be subserved thereby, and when
the good conduct and reform of the person so held on probation shall
warrant it, terminate the period of probation, and discharge the
person so held.
(b) The exercise of the court's
authority in subdivision (a) to
revoke, modify, change, or terminate probation is subject to the
(1) Before any sentence or term or
condition of probation is
modified, a hearing shall be held in open court before the judge. The
prosecuting attorney shall be given a two-day written notice and an
opportunity to be heard on the matter, except that, as to modifying
or terminating a protective order in a case involving domestic
violence, as defined in Section 6211 of the Family Code, the
prosecuting attorney shall be given a five-day written notice and an
opportunity to be heard.
(A) If the sentence or term or condition
of probation is modified
pursuant to this section, the judge shall state the reasons for that
modification on the record.
(B) As used in this section, modification
of sentence shall
include reducing a felony to a misdemeanor.
(2) No order shall be made without
written notice first given by
the court or the clerk thereof to the proper probation officer of the
intention to revoke, modify, or change its order.
(3) In all cases, if the court has not
seen fit to revoke the
order of probation and impose sentence or pronounce judgment, the
defendant shall at the end of the term of probation or any extension
thereof, be by the court discharged subject to the provisions of
(4) The court may modify the time and
manner of the term of
probation for purposes of measuring the timely payment of restitution
obligations or the good conduct and reform of the defendant while on
probation. The court shall not modify the dollar amount of the
restitution obligations due to the good conduct and reform of the
defendant, absent compelling and extraordinary reasons, nor shall the
court limit the ability of payees to enforce the obligations in the
manner of judgments in civil actions.
(5) Nothing in this section shall be
construed to prohibit the
court from modifying the dollar amount of a restitution order
pursuant to subdivision (f) of Section 1202.4 at any time during the
term of the probation.
(6) The court may limit or terminate a
protective order that is a
condition of probation in a case involving domestic violence, as
defined in Section 6211 of the Family Code. In determining whether to
limit or terminate the protective order, the court shall consider if
there has been any material change in circumstances since the crime
for which the order was issued, and any issue that relates to whether
there exists good cause for the change, including, but not limited
to, consideration of all of the following:
(A) Whether the probationer has accepted
responsibility for the
abusive behavior perpetrated against the victim.
(B) Whether the probationer is currently attending and actively
participating in counseling sessions.
(C) Whether the probationer has completed parenting counseling, or
attended alcoholics or narcotics counseling.
(D) Whether the probationer has moved from the state, or is
(E) Whether the probationer is still cohabiting, or intends to
cohabit, with any subject of the order.
(F) Whether the defendant has performed well on probation,
including consideration of any progress reports.
(G) Whether the victim desires the change, and if so, the victim's
reasons, whether the victim has consulted a victim advocate, and
whether the victim has prepared a safety plan and has access to local
(H) Whether the change will impact any children involved,
including consideration of any child protective services information.
(I) Whether the ends of justice would be served by limiting or
terminating the order.
(c) If a probationer is ordered to serve
time in jail, and the
probationer escapes while serving that time, the probation is revoked
as a matter of law on the day of the escape.
(d) If probation is revoked pursuant to
subdivision (c), upon
taking the probationer into custody, the probationer shall be
accorded a hearing or hearings consistent with the holding in the
case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that
hearing or hearings is not to revoke probation, as the revocation has
occurred as a matter of law in accordance with subdivision (c), but
rather to afford the defendant an opportunity to require the
prosecution to establish that the alleged violation did in fact occur
and to justify the revocation.
(e) This section does not apply to cases
covered by Section
The information provided herein was obtained from the California Penal Code