Until 2011, there were two primary forms of revocable supervision in California: probation and parole. With the passage of the Realignment Act, the Legislature added two new supervision schemes: mandatory supervision and postrelease community supervision The Legislature also converted parole revocation proceedings from administrative to judicial hearings.
In 2019, the California Supreme Court decided In re Ricardo P. (2019) 7 Cal.5th 1113, which breathed new life into the Lent test for evaluating the reasonableness of probation conditions. This presentation (and accompanying written materials) will provide an overview of all four of these supervision and revocation frameworks, addressing their unique features, the authority to impose terms and conditions of supervision, the rules governing revocation proceedings, and the consequences of sustained violations.
Appeals from criminal and revocation proceedings regularly uncover errors in all of these areas. A comprehensive understanding of the core elements of each supervised release framework is essential to identifying potential appellate issues for our clients.
To explore these issues, join FDAP Staff Attorneys Megan Hailey-Dunsheath (who successfully briefed and argued Ricardo P.) and FDAP Staff Attorney Jeremy Price for a 1.0 hour training. The webinar will be held on Zoom on Thursday, May 6, 2021 from 12:00 to 1:00 p.m. This event is approved for 1.0 hour of MCLE credit.