Violations & Revocations of PRCS

If the probation department pursues the case in court, do I have the right to a hearing for a PRCS violation petition?

Yes. If you must respond to a PRCS violation petition, you have the right to a hearing in County Superior Court.[799]

  1. 799

    Cal. Penal Code § 3455(a).

Do I have the right to a free attorney if I can’t afford one at a PRCS violation hearing?

Yes, at least in some cases—you have the right to a free court-appointed attorney if you cannot afford your own.[800] You can give up the right to an attorney and a hearing, admit the violation, and accept the proposed punishment,[801] but it’s suggested that you ALWAYS ask for an attorney and hearing.

  1. 800

    Cal. Penal Code § 3455(a).

  2. 801

    Cal. Penal Code § 3455(a).

If the judge finds that I have violated the terms or conditions of my PRCS, what are possible punishments?

If you are found to have violated the terms or conditions of your PRCS at a hearing, the judge, magistrate, or hearing officer can:

    Return you to PRCS supervision with modified (changed or new) conditions;
    Refer you to a special program or to a special “reentry court” for assessment for a special program;[802] OR
    Revoke (take away) your PRCS and order you to county jail for a maximum term of 180 days.[803]

NOTE: If you are ordered to serve county jail time for a PRCS violation, you can earn 2 days of good conduct credits for every 2 days you actually serve.[804]

  1. 802

    Re-entry Court procedures are discussed at Cal. Penal Code § 3015.

  2. 803

    Cal. Penal Code § 3455(a) and (d).

  3. 804

    Cal. Penal Code § 3455(a) and (d).

How can I challenge a court decision revoking my PRCS, or a decision by the hearing officer after a PRCS violation hearing?

You can almost always challenge the judgment of a PRCS revocation hearing.[805] To appeal, you must file a notice of appeal in the county Superior Court within 60 calendar days after the court’s decision.[806]

After a timely notice of appeal is filed, the Superior Court will prepare a record of the PRCS revocation proceedings that includes all the documents filed in the court and transcripts of the hearings. The Superior Court must then provide these documents to (1) the Court of Appeal, (2) the State/ District Attorney (representing the Probation Department), and (3) you. In a direct appeal, the court of appeal must appoint an attorney to represent you for free if you don’t have enough money to pay for one.[807] In order to have a court-appointed attorney, you must file your notice of appeal within 60 calendar days after the court’s decision.

HELPFUL HINTIf you or your lawyer did not file a “notice of appeal” on time:

If the “notice of appeal” is not filed on time, or if the issue involves information that isn’t in the court record, then it might be possible to raise the issues in a state court habeas corpus petition (see Appendix K, PG. 280 to learn about the general process for filing one). This is not recommended unless (1) your notice of appeal wasn’t filed in time, or (2) the appeal involves information that the court has no record of.

  1. 805

    Cal. Penal Code § 1237(b)

  2. 806

    Cal. Penal Code § 1237(b)

  3. 807

    Cal. Rules of Court, Rule 8.308.