Penal Code 1203.2 allows Courts to violate probationers without being prosecuted for an offence. If a probation officer thinks there might be a violation of the terms of your probation he will arrest you and take you before the Court . There the Court will deciede , based on the probation officers report , if a violation has occured and sentence you to prison . The court almost always takes the probation officers recommendation .
There are over 300,000 inmates in California state prisons. Almost half of these inmates are there for probation violaton .
It costs tax payers over $ 28,500 each year to house one inmate compared to less than $2,880 each year to supervise a probationer.
Many of these inmates should not even be in prison.
Recently a young man was arrested for a crime he did not commit. Months later the charges were dismissed but he was sentenced to two years in prison anyway for a technical violation ( having contact with law enforcement ).
This law leaves it open for vindictive or vengeful people to \" get even \" with probationers as was the case mentioned above.
The law should be revised to state that a probationer has to be prosecuted and convicted of a violation of the terms of their probation by due process in a Court of Law and only then to be sentenced accordingly .
There is alternative sentencing that could be used that would relieve state expenditures while punishing offenders .Community service is one example . This could save tax dollars on state, county and city budgets .
If you agree with me please sign this petition .
I am a tax payer who has recently become aware of this problem on a personal level. My son ( who is 20 years old and has the mentality of a 12 year old ) is serving a 2 year sentence in prison . He is the victim of a person who was trying to extort money from him and not getting it , gave a false report to law enforcement . His charges were dismissed but the probation officer ( with a case load of around 300 probationers to supervise ) thought there MIGHT be a chance he did it and recommended revokation .
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