Probation

Penal Code section 1203 defines probation as "the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer." It is also called "formal probation." A form of probation is a conditional sentence, which is not under the supervision of a probation officer. A conditional sentence is also known as "informal probation," "summary probation," or "court probation."

Probation Modification

Penal Code section 1203.3, subdivision (a) provides: "The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence." Statute clearly provides courts the authority to modify probation at any time. However, the California Supreme Court has held that modification of probation after the initial grant of probation requires a change in circumstances. A change in circumstance is a fact not available at the the time of the original grant of probation. The facts supporting modification must be different from the original facts available at sentencing.

“‘A change in circumstances is required before a court has jurisdiction to extend or otherwise modify probation. As we held in In re Clark (1959) 51 Cal.2d 838, 337 P.2d 67, “An order modifying the terms of probation based upon the same facts as the original order granting probation is in excess of the jurisdiction of the court, for the reason that there is no factual basis to support it.” (Id. at p. 840, 337 P.2d 67, italics added.)’(People v. Cookson (1991) 54 Cal.3d 1091, 1095, 2 Cal.Rptr.2d 176, 820 P.2d 278.)” (People v. Leiva (2013) 56 Cal.4th 498, 505, italics in original)

“A change in circumstances is required before a court has jurisdiction to extend or otherwise modify probation. As we held in In re Clark (1959) 51 Cal.2d 838, 337 P.2d 67, ‘An order modifying the terms of probation based upon the same facts as the original order granting probation is in excess of the jurisdiction of the court, for the reason that there is no factual basis to support it.’ (Id. at p. 840, 337 P.2d 67, italics added.) In this case, the Court of Appeal correctly determined that a change in circumstance could be found in a fact ‘not available at the time of the original order,’ namely, ‘that setting the pay schedule consistent with defendant's ability to pay had resulted in defendant's inability to pay full restitution as contemplated within the original period of probation.’” (People v. Cookson (1991) 54 Cal.3d 1091, 1095, italics in original)

In Cookson, the court extended the probationary period, which is a modification. The facts justifying the modification was that the defendant was paying restitution at a regular rate, but would be unable to pay it off totally within the probationary period.

“An order modifying the terms of probation based upon the same facts as the original order granting probation is in excess of the jurisdiction of the court, for the reason that there is no factual basis to support it. (In re Bine, 47 Cal.2d 814, 818(9), 306 P.2d 445.)” (In re Clark (1959) 51 Cal.2d 838, 840.)

“It is clear that the order of July 31, 1956, insofar as it relates to the petitioner, was made in excess of the jurisdiction of the court for the reason that there was no factual basis to support it.”(In re Bine (1957) 47 Cal.2d 814, 818.)

Also, without the prosecutor's consent, a court cannot change terms that were agreed to in a plea bargain. (People v. Segura (2008) 44 Cal.4th 921, 934.)

Probation Transfer

Probation can be transferred from one county to another county, known as jurisdictional transfer. Probation can be also be transferred from California to another state, by interstate compact