California Penal Code Section 1203.3
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California Laws > Penal Code > California Penal Code Section 1203.3
1203.3. (a) The court shall have authority at any time during the
term of probation to revoke, modify, or change its order of
suspension of imposition or execution of sentence. The court may at
any time when the ends of justice will be subserved thereby, and when
the good conduct and reform of the person so held on probation shall
warrant it, terminate the period of probation, and discharge the
person so held. The court shall also have the authority at any time
during the term of mandatory supervision pursuant to subparagraph (B)
of paragraph (5) of subdivision (h) of Section 1170 to revoke,
modify, or change the conditions of the court's order suspending the
execution of the concluding portion of the supervised person's term.
(b) The exercise of the court's authority in subdivision (a) to
revoke, modify, or change probation or mandatory supervision, or to
terminate probation, is subject to the following:
(1) Before any sentence or term or condition of probation or
condition of mandatory supervision is modified, a hearing shall be
held in open court before the judge. The prosecuting attorney shall
be given a two-day written notice and an opportunity to be heard on
the matter, except that, as to modifying or terminating a protective
order in a case involving domestic violence, as defined in Section
6211 of the Family Code, the prosecuting attorney shall be given a
five-day written notice and an opportunity to be heard.
(A) If the sentence or term or condition of probation or the term
or any condition of mandatory supervision is modified pursuant to
this section, the judge shall state the reasons for that modification
on the record.
(B) As used in this section, modification of sentence shall
include reducing a felony to a misdemeanor.
(2) No order shall be made without written notice first given by
the court or the clerk thereof to the proper probation officer of the
intention to revoke, modify, or change its order.
(3) In all probation cases, if the court has not seen fit to
revoke the order of probation and impose sentence or pronounce
judgment, the defendant shall at the end of the term of probation or
any extension thereof, be by the court discharged subject to the
provisions of these sections.
(4) The court may modify the time and manner of the term of
probation for purposes of measuring the timely payment of restitution
obligations or the good conduct and reform of the defendant while on
probation. The court shall not modify the dollar amount of the
restitution obligations due to the good conduct and reform of the
defendant, absent compelling and extraordinary reasons, nor shall the
court limit the ability of payees to enforce the obligations in the
manner of judgments in civil actions.
(5) Nothing in this section shall be construed to prohibit the
court from modifying the dollar amount of a restitution order
pursuant to subdivision (f) of Section 1202.4 at any time during the
term of the probation.
(6) The court may limit or terminate a protective order that is a
condition of probation or mandatory supervision in a case involving
domestic violence, as defined in Section 6211 of the Family Code. In
determining whether to limit or terminate the protective order, the
court shall consider if there has been any material change in
circumstances since the crime for which the order was issued, and any
issue that relates to whether there exists good cause for the
change, including, but not limited to, consideration of all of the
(A) Whether the probationer or supervised person has accepted
responsibility for the abusive behavior perpetrated against the
(B) Whether the probationer or supervised person is currently
attending and actively participating in counseling sessions.
(C) Whether the probationer or supervised person has completed
parenting counseling, or attended alcoholics or narcotics counseling.
(D) Whether the probationer or supervised person has moved from
the state, or is incarcerated.
(E) Whether the probationer or supervised person is still
cohabiting, or intends to cohabit, with any subject of the order.
(F) Whether the defendant has performed well on probation or
mandatory supervision, including consideration of any progress
(G) Whether the victim desires the change, and if so, the victim's
reasons, whether the victim has consulted a victim advocate, and
whether the victim has prepared a safety plan and has access to local
(H) Whether the change will impact any children involved,
including consideration of any child protective services information.
(I) Whether the ends of justice would be served by limiting or
terminating the order.
(c) If a probationer is ordered to serve time in jail, and the
probationer escapes while serving that time, the probation is revoked
as a matter of law on the day of the escape.
(d) If probation is revoked pursuant to subdivision (c), upon
taking the probationer into custody, the probationer shall be
accorded a hearing or hearings consistent with the holding in the
case of People v. Vickers (1972) 8 Cal.3d 451. The purpose of that
hearing or hearings is not to revoke probation, as the revocation has
occurred as a matter of law in accordance with subdivision (c), but
rather to afford the defendant an opportunity to require the
prosecution to establish that the alleged violation did in fact occur
and to justify the revocation.
(e) This section does not apply to cases covered by Section
Last modified: February 22, 2013