Monder Law Group - News
1170(h)(5)(B) applies to felons sentenced to local prison with concluding portion served in the community under supervision of probation. The conditions are set by the court at time of sentencing and reviewed by court 30 days pre-release. The maximum length of supervision is the original sentence imposed by the court. Probation or district attorney can request revocation by petition, or court can do it on own motion.
Probation, district attorney or defendant can request any modification by petition, or court can do on own motion. Termination of mandatory supervision results in remainder of original sentence being served in local jail prison per 1170(h)(5)(B)(i). There is no flash incarceration as intermediate sanction. The sanctions by the court include unserved custody on original sentence. However, if there is a new crime, can be served c/s or c/c and may result in state prison sentence if new crime is state prison qualified. The burden of proof is a preponderance of evidence at the revocation hearing and the court would calendar new technical misdemeanor violations set concurrently with new felony cases.
If you have any questions about mandatory supervision, please call Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense