Jun. 13, 2022 – People v. Smith (1st Dist., Div. 5, A162551)

The Court of Appeal finds that a condition requiring defendant to “participate in any treatment/therapy/counseling program, including residential, as directed by the probation officer” improperly delegated judicial authority to the probation officer by giving the officer the discretion to decide whether defendant must attend a residential program, as opposed to an outpatient program. However, a condition requiring defendant to “provide complete and current financial information, including verification of earnings, as directed by the probation officer” was valid under the Lent test.

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