Probation: term length., the official text

An act to amend Section 1203a of the Penal Code, relating to probation.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the Sex Offender Registration Act (act), requires a person convicted of specified crimes to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. Existing law establishes 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses. 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.
This bill would authorize a court having jurisdiction to impose punishment in misdemeanor cases to suspend the sentence for an additional year, to allow for an individual required to register as a sex offender to complete an approved sex offender management program. The bill would require the period of time exceeding the one-year limit be terminated by the court upon the individual’s successful completion of the approved sex offender management program. By extending the term 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.

The people of the State of California do enact as follows:

SECTION 1.
Section 1203a of the Penal Code is amended to read:
1203a.
(a) In all counties and cities and counties, the courts therein, having jurisdiction to impose punishment in misdemeanor cases, may refer cases, demand reports, and to do and require anything necessary to carry out the purposes of Section 1203, insofar as that section applies to misdemeanors. The court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed one year.
(b) The one-year probation limit in subdivision (a) shall not apply to any offense that includes specific probation lengths within its provisions.
(c) The one-year probation limit in subdivision (a) shall not apply to an offender granted probation and ordered to register pursuant to subdivision (c) of Section 290. The court, in the order granting probation for an offender required to register, may suspend the imposition or the execution of the sentence, and may direct that the suspension may exceed the one-year probation limit in subdivision (a), but not exceeding a total probationary period of two years, to allow for an offender required to register to complete an approved sex offender management program, and upon those terms and conditions as it shall determine. The period of time exceeding the one-year limit authorized pursuant to this subdivision shall be terminated by the court upon the offender’s successful completion of the approved sex offender management program.

SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.