Split sentence - Revision history

Sysop at 23:12, 21 August 2016

2016-08-21T23:12:51Z

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 For purposes of this code, “mandatory supervision” shall mean the portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
-===Penal Code section 1170, subdivision (h)===
+===Current Penal Code section 1170, subdivision (h)===
 (5) The court, when imposing a sentence pursuant to paragraph (1) or (2) of this subdivision, may commit the defendant to county jail as follows:
 :(A) For a full term in custody as determined in accordance with the applicable sentencing law.

Sysop: /* Mandatory Supervision */

2016-08-21T23:10:35Z

Mandatory Supervision

← Older revision		Revision as of 23:10, 21 August 2016
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	==Mandatory Supervision==		==Mandatory Supervision==
	The Legislature explicitly said in SB1023 that supervised people in mandatory supervision have all the rights of probationers and parolees, as stated by ''Morrissey v. Brewer'' (1972) 408 U.S. 471, and ''People v. Vickers'' (1972) 8 Cal.3d 451.		The Legislature explicitly said in SB1023 that supervised people in mandatory supervision have all the rights of probationers and parolees, as stated by ''Morrissey v. Brewer'' (1972) 408 U.S. 471, and ''People v. Vickers'' (1972) 8 Cal.3d 451.

			Mandatory supervision may be terminated early by a court order. (''People v. Camp'' (2015) 233 Cal.App.4th 461.)

Sysop: Created page with "A '''split sentence''' or '''blended sentence''' is a type of sentence created by Realignment in which the judge orders a term of incarceration in the local county jail fo..."

2014-04-11T21:16:03Z

Created page with "A '''split sentence''' or '''blended sentence''' is a type of sentence created by Realignment in which the judge orders a term of incarceration in the local county jail fo..."

New page

A '''split sentence''' or '''blended sentence''' is a type of sentence created by [[Realignment]] in which the judge orders a term of incarceration in the local county jail followed by a term of '''mandatory supervision''' by probation; the sum of the jail term and the mandatory supervision will equal the total sentence pronounced by the judge. There is no supervision period following the mandatory supervision. For example, for 16-2-3 triad, a judge could sentence to the low term of 16 months, with 8 months in jail and 8 months of supervision. After the 16 months, there would be no "tail".

==Statute==
===Penal Code section 19.9===
For purposes of this code, “mandatory supervision” shall mean the portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.

===Penal Code section 1170, subdivision (h)===
(5) The court, when imposing a sentence pursuant to paragraph (1) or (2) of this subdivision, may commit the defendant to county jail as follows:
:(A) For a full term in custody as determined in accordance with the applicable sentencing law.
:(B)
::(i) For a term as determined in accordance with the applicable sentencing law, but suspend execution of a concluding portion of the term selected in the court’s discretion, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation, for the remaining unserved portion of the sentence imposed by the court. The period of supervision shall be mandatory, and may not be earlier terminated except by court order. Any proceeding to revoke or modify mandatory supervision under this subparagraph shall be conducted pursuant to either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3. During the period when the defendant is under such supervision, unless in actual custody related to the sentence imposed by the court, the defendant shall be entitled to only actual time credit against the term of imprisonment imposed by the court. Any time period which is suspended because a person has absconded shall not be credited toward the period of supervision.
::(ii) The portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer pursuant to this subparagraph shall be known as mandatory supervision.
==Mandatory Supervision==
The Legislature explicitly said in SB1023 that supervised people in mandatory supervision have all the rights of probationers and parolees, as stated by ''Morrissey v. Brewer'' (1972) 408 U.S. 471, and ''People v. Vickers'' (1972) 8 Cal.3d 451.