What is the current state of the law on probation for a defendant who has been placed on probation due to a mental health disability?

California, United States of America


The following excerpt is from People v. Gee, A115100 (Cal. App. 5/25/2007), A115100 (Cal. App. 2007):

Modification is unnecessary. A probation condition " `must be sufficiently precise for the probationer to know what is required of him' " but "only reasonable specificity is required." (People v. Lopez (1998) 66 Cal.App.4th 615, 630.) A probation condition must be given a " `reasonable and practical construction.' " (Ibid.) The reasonable and practical construction of the probation condition here is that defendant must use his best efforts to maintain gainful employment. It is both unreasonable and impracticable to expect a court granting probation to catalog all the possible exceptions to an employment condition, from natural disasters to physical disability. An exception for involuntary unemployment is implied and need not be stated explicitly in the terms of probation.

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