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AB 1228 requires a court to release a person on their own recognizance pending probation revocation hearing, absent clear and convincing evidence that conditions or bail are necessary

Posted by Fay Arfa | Mar 16, 2022 | 0 Comments

     On October 5, 2021, Governor Gavin Newsom signed Assembly Bill No. 1228, effective January 1, 2022, which amends the court's authority over a person arrested for violation of probation. The new law requires the court to consider releasing the person pending a revocation hearing in accordance with new Penal Code section 1203.25. Section 1203.25, subdivision (a), requires release of such person “on their own recognizance unless the court finds, by clear and convincing evidence, that the particular circumstances of the case require the imposition of an order to provide reasonable protection to the public and reasonable assurance of the person's future appearance in court.” The new provision requires the court to select the least restrictive conditions of release if conditions are deemed necessary, such as telephonic reporting to the probation department, protective orders, GPS monitoring, or an alcohol use detection device. Costs of release conditions shall not be assessed against the person. As with conditions, cash bail shall not be imposed unless the court finds clear and convincing evidence that other conditions are inadequate to protect the public and assure the person returns for the revocation hearing. Bail must be set at a level the person can reasonably afford. Bail bonds and property bonds are not permitted. For misdemeanor conduct that may violate probation, the court must release the probationer unless the person fails to comply with a court order, such as an order to appear. If the basis for the probation violation results in a new charge, the court's authority to hold or release is not limited by this statute.

About the Author

Fay Arfa

Fay Arfa has the distinction of being Certified as a Specialist in two separate areas of law – Criminal Law as well as Appellate Law – by the California State Bar, Board of Specialization. The National Board of Trial Advocacy has also awarded her a board Certification in Criminal Trial Advocacy. ...


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