Is a probationary defendant required to obtain permission from his probation officer before leaving the state?

California, United States of America


The following excerpt is from People v. Gordon, E068521 (Cal. App. 2018):

defendant. It could also hinder defendant's rehabilitation and successful compliance with other probationary conditions. The travel approval condition enables the effective supervision of defendant and is reasonably related to future criminality. Moreover, the condition does not preclude defendant from traveling altogether, but rather simply requires him to obtain permission before doing so out of state. Therefore, the requirement that defendant obtain his probation officer's permission before leaving the state is narrowly tailored to the legitimate government interests of ensuring he complies with the terms of his probation and deterring future criminality. (See O'Neil, supra, 165 Cal.App.4th at p. 1355 [condition may impinge on a constitutional right where tailored to the purposes of rehabilitation and deterring future criminality]; People v. Lopez (1998) 66 Cal.App.4th 615, 624-626 [same].)

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