Does a judge have authority to terminate or modify a defendant's mandatory supervision term?

California, United States of America


The following excerpt is from People v. Rios, C086711 (Cal. App. 2020):

Penal Code section 1170, subdivision (h)(5) authorizes imposition of a split sentence under which the sentence is served "partly in county jail and partly under the mandatory supervision of the county probation officer." (People v. Scott (2014) 58 Cal.4th 1415, 1418-1419.) A trial court has "authority at any time during the term of mandatory supervision . . . to revoke, modify, or change the conditions of the court's order suspending the execution of the concluding portion of the supervised person's term." (Pen. Code, 1203.3, subd. (a).)

Defendant argues that People v. Camp (2015) 233 Cal.App.4th 461 (Camp) demonstrates his sentence was not yet final because it could still be modified by the trial court. In that case, the court read Penal Code section 1203.3, subdivision (b)(1)(A), as "authorizing a court to modify a defendant's 'sentence' in revoking or modifying mandatory supervision. [Citation.]" (Camp, at p. 471.) This was dicta, as Camp held only that a trial court has the authority under Penal Code section 1170, subdivision (h)(5)(B) to terminate the defendant's mandatory supervision early without ordering the defendant to serve the suspended portion of the sentence. (Camp, at pp. 464, 471.)

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