Probation Department Policy/Procedure Manual

1.18 PC1203.2 Arrest Procedure

Location Division Wide
Section N/A
Subject 1.18 PC1203.2 Arrest Procedure
Purpose
Effective Date 9/6/2019
Previous Effective Date

 

All violations of formal probation will use Penal Code Section 1203.2 when booking offenders. 

Pursuant to establish local practice, officers will be required to note bail amount on the booking sheet and complete the probable cause statement.  Penal Code Section 1203.2 arrests without warrant is NO BAIL for felony probation violations and $15,000 for misdemeanor probation violations as set in the Bail Schedule cover letter. Additionally, the arresting officer must have the court case number, probation level (felony, misdemeanor) and name of the arrestee's probation officer on the Pre-Booking Form.

Misdemeanor violation of probation is not eligible for citation release and if bail is posted for a misdemeanor violation, a two-week court date will be assigned by the Jail, unless a different court date has been set in CJIS by Criminal Operations. If bail is not posted within 24 hours, the assigned DPO will calendar a violation hearing to be heard within four (4) court days not including the day the probationer was booked. If a person is arrested only on a felony PC1203.2, the assigned DPO will calendar a violation hearing to be heard within four (4) court days not including the day the probationer was booked.  Reports will be submitted no later than two judicial days before court. 

Grant(s) of probation with an active warrant:  If the person is also arrested for new charges OR there are additional violation(s) of probation that are alleged to have occurred after the warrant was issued, PC1203.2 is not to be added as a new charge. Local law enforcement agencies are not to add the charge of PC1203.2. 

Grant(s) of Probation without an active warrant: If there is a pending warrant request which is not active and the defendant is arrested, PC1203.2 charge may be placed. The assigned DPO will then inquire to find out the status of the warrant by contacting Criminal Court Operations and or Warrants and Records. Once located, the DPO then depending on situation will:

  • Look up the person in Odyssey and check the court case number to read the docket and see if there is a warrant tab on Cases & Persons Event.
  • If still in Criminal Operations, it can be returned to probation and calendar a PV hearing.
  • If at Warrants and Records, ask that it be entered CLETS immediately, then teletype the jail to release the PC1203.2. If after hours, an email to SH_CT can be sent by DPO or JSC supervisor.

Grant(s) of probation: When a person is arrested on existing grants of probation by local law enforcement agencies, the arresting officers name will be used on the booking form.

Releases of PC1203.2:   When the release of a PC1203.2 is requested during regular business hours, a teletype will be sent by one of the legal clerks. When the release of a PC1203.2 is requested after business hours, the request will be sent via email to SH_CT to release.

PC1203.2 charges are NOT to be authorized or signed for Bench / Conditional / Summary grants of probation, PC 1000 Deferred Entry of Judgment Cases (Drug Diversion) or Other Diversion grant(s) of probation.