Adult Probation 101
PROBATION SUPERVISION
The supervision of criminal offenders by which they are ordered by the court to follow terms and conditions of probation. The San Bernardino County Probation Department supervises felony cases and some misdemeanors.
ASSEMBLY BILL 109 (AB109)
Effective October 2011, the California Public Safety Realignment plan mandates that non violent, non serious, or non sexual offenders are supervised by the probation department. This is also known as Post Release Community Supervision.
MANDATORY SUPERVISION
Under Section 1170(h) of the Penal Code is the supervision of an offender in the community for a court ordered period of time, after the offender has served a length of time in custody in County Prison. Mandatory supervision is supervised by the probation department.
SPLIT SENTENCE
A portion of a County Prison sentence served in custody at the county jail and the remainder of the sentence to be served in the community as mandatory supervision.
COUNTY PRISON:
A sentence that is served at the County jail in lieu of State Prison.
FLASH INCARCERATION:
An immediate sanction of up to 10 days in county jail for a violation of PRCS terms.
SUSPENDED SENTENCE
A jail or prison sentence that is suspended, or put on hold, while the offender is given an opportunity to comply with the terms and conditions of probation that are ordered by the court. If an offender violates their terms and conditions of probation, the court has the authority to order the offender to serve the suspended time.
STRAIGHT TIME
Custody time in jail served without the consideration of work release, release on mandatory supervision or the benefit of 4019 credits.
SUMMARY PROBATION
Misdemeanor probation, ordered and supervised by the court following a misdemeanor conviction.
PRE-SENTENCE INVESTIGATION REPORT
Also known as a PSI, a report to the court for sentencing, which provides specific information, including victim impact statements and victim restitution information, biographical information about the defendant, and a recommended sentence.
A PETITION
A report submitted to the Court indicating which terms and conditions are alleged to be violated and the reason why they are alleged violated. The petition is reviewed by the court at the arraignment hearing.
A SUPPLMENTAL REPORT
A report written by a probation officer that explains to the court the reason for a violation of probation. The report includes a recommendation by the probation officer as to whether the probationer is suitable and eligible for continued probation supervision or incarceration.
WORK RELEASE
Also known as weekend work release or weekend commitment. Under the direction of the court, an inmate may be released before the maximum sentence in jail has been served in order to remain in the community and work for a minimum of two days per week in lieu of custody time.
VIOLATION OF PROBATION (VOP)
The violation of one or more terms and conditions of probation set forth ordered by the court.
A BENCH WARRANT
An arrest warrant ordered by the court against an offender in a criminal case. Bench warrants may be issued for violations of probation (VOP) or failing to appear at a court appearance (FTA).
RESTITUTION
Money paid to compensate the loss of stolen or damaged property, medical and psychological treatment costs, and funeral costs to victims and other costs or damages as ordered by the court.
A VICTIM
“A person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act.” The term victim also includes the person’s spouse, parents, children, siblings, or guardian, or a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. (Cal Const., art.1 & 28).