What is the current state of the law on a probation order requiring participation in court-ordered programs?

California, United States of America


The following excerpt is from People v. Collins, E069430 (Cal. App. 2019):

For those if "deemed appropriate" or "if directed" conditions requiring participation in court-ordered programs, another court has noted that "[t]he trial court is poorly equipped to micromanage selection of a program, both because it lacks the ability to remain apprised of currently available programs and, more fundamentally, because entry into a particular program may depend on mercurial questions of timing and availability." (People v. Penoli (1996) 46 Cal.App.4th 298, 308 (Penoli).) Even if the court could be more specific in its order, that does not necessarily render a condition overbroad. (Ibid. ["Desirable as such a narrowing of the probation officer's discretion might be, however, we are not prepared at this time to hold that its absence constitutes prejudicial error."])

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