When a defendant is sentenced to a term in county jail under the Realignment Act, can the court suspend execution of the concluding portion of the term for a period selected at the court's discretion?

California, United States of America


The following excerpt is from People v. Obie, A153952 (Cal. App. 2019):

When a trial court sentences a defendant to a term in county jail under the Realignment Act (Stats. 2011, ch. 15), the court "shall suspend execution of a concluding portion of the term for a period selected at the court's discretion" except when "the court finds that, in the interests of justice, it is not appropriate." ( 1170, subd. (h)(5)(A); see People v. Griffis (2013) 212 Cal.App.4th 956 [discussing provisions of the Realignment Act].) During the period selected by the court, the defendant is on "mandatory supervision," and is "supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation." ( 1170, subd. (h)(5)(B).)

We review the validity of the terms of mandatory supervision under the standards that apply to probation conditions. (People v. Martinez (2014) 226 Cal.App.4th 759,

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