Basics of Formal Probation

What is formal probation?

Formal probation is a type of community supervision that is part of the original sentence handed down by a judge at trial, as an alternative to or in addition to incarceration, for most felonies (those that did not lead to prison time or supervision under PRCS or Mandatory Supervision) and some misdemeanor convictions.[750]

Formal probation reduces or eliminates the time you must spend in custody, and allows you to either remain in or return sooner to the community, so long as you follow your probation conditions.[751]

This means that some people never serve time in custody for their conviction, but instead are sentenced to formal supervision in the community, while other people are sentenced to some time in custody, plus formal supervision in the community afterward.

  1. 750

    Cal. Penal Code § 1203(a–d).

  2. 751

    Cal. Penal Code § 1203(a).

Who will monitor me on formal probation?

Depending on the circumstances, either the court (and the judge of that court) or a probation officer will monitor you to make sure you follow your probation conditions.[752] Generally, you must report to the probation officer once a month, although the judge could require you to report more or less often than that.[753] It is very important to remain in contact with your probation officer, or it could trigger a probation violation hearing. In some counties, your probation officer may allow you to report to them through a kiosk at a local probation office. [754]

IMPORTANT! How formal probation operates, and what services are available, varies from county to county. Ask your probation officer what is available to you in your county.

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  1. 752

    Cal. Penal Code § 1203(a).

  2. 753

    Cal. Penal Code § 1203.1.

  3. 754

    Counties with Kiosk reporting include Alameda, Los Angeles, Orange, and Riverside.