Tooby's California Post-Conviction Relief for Immigrants

(B)

Procedure:  The probation officer or probationer may petition for modification of probation.[148]  The procedure for shortening formal probation must take place within the probationary period.[149]  Notice of motion must be given to the probationer, probation officer, and prosecutor (at least two days).[150]  The court must notify the probation officer in writing of its intention to change the probation order.[151]  The probationer may waive the right to be present for modification proceedings if s/he complies with the conditions prescribed in Penal Code § x1203.2(b).  The probation officer prepares a report for the court, which must read and consider it along with the motion.[152]

            The court must specifically state, on the record, its reasons for shortening probation.[153]

            There are no specific statutory procedures for modifying court or informal probation, in which the probationer reports only to the court and is not under supervision of the probation department.[154]  By analogy to Penal Code § § x1203.2(b) and 1203.3, relating to formal probation, it appears the court may modify probation in the same manner. 

            The order denying a motion to shorten probation is an appealable order.[155]

[148] Penal Code § 1203.2(b).

[149] Penal Code § 1203.3.

[150] See Penal Code § § 1203.1, 1203.2(b).

[151] Penal Code § 1203.3.

[152] Ibid.

[153] Penal Code § 1203.3.

[154] See Penal Code § 1203b.

[155] People v. Romero (1991) 235 Cal.App.3d 1423.