Probation Department Policy/Procedure Manual

1.29 Motion for Reduction to Misdemeanor PC 17(b)

Location General Supervision
Section N/A
Subject 1.29 Motion for Reduction to Misdemeanor PC 17(b)
Purpose Define criteria and procedure for reporting to Court RE: Reduction to Misdemeanor pursuant to PC 17(b)
Effective Date 9/19/2019
Previous Effective Date

 

Recommendations will be made only on OPEN grants of probation. On closed cases recommendations will ONLY be made if there is a stipulated plea agreement. If there is no plea agreement, NO RECOMMENDATION will be made, instead just the facts will be presented, such as completion of terms and conditions, payment of fines/ fees and overall compliance.  

  1. Referral of Motion is received from Court. The Legal Clerk runs a CLETS and opens a Green Slip.
  2. If the case is currently open, the Legal Clerk will assign the referral to the current supervision officer
  3. If the case is closed, the Legal Clerk will assign the referral to the appropriate SDPO for further assignment to a DPO to complete the report for Court.
  4. The DPO gets comments from Deputy District Attorney and any victim(s) in the case.
  5. Serious offenses are not eligible for reduction such as PC 667.5(c), PC1192.7(c)
  6. To be eligible, a person must have been convicted of a "wobbler offense" and must not have been sentenced to prison or been sentenced to a suspended prison sentence. A "wobbler" is an offense that can be charged as either a misdemeanor or a felony. Common "wobbler" offenses include Penal Code section 245 - Assault with a deadly weapon, Penal Code section 273.5 -Spousal abuse, and Penal Code section 484 – Theft, and more.
  7. For an open case the DPO completes the report: Exparte 17b-1203.4 – Open case. For a closed case the DPO completes the report: Exparte 17b-1203.4 – Closed case
  8. Factors the Court considers when ruling on the motion:
  • In deciding whether to reduce a felony to a misdemeanor, the court must give "individualized consideration of the offense, the offender, and the public interest." (People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 978.) This means that the court will consider the severity of the offense, the defendant's criminal history, the defendant's efforts at rehabilitation, and the impact on society if the motion is granted. Therefore, to increase the chances of success a person should do well on probation, seek out whatever employment is possible, remain crime free, and volunteer in the community.
  1. Benefits of a successful reduction:
  • A felony record is a huge barrier to employment, housing, licenses, and social services. A felony record will also mean a greater punishment for any future crime because of either a sentencing enhancement, or less inclination on the part of the district attorney to negotiate. A misdemeanor record, while serious, does not interfere with as many opportunities. A felon is not entitled to possess a gun under state and federal law; however, if a motion is granted under this section, and there are no other felonies on the record, or no other reason to prohibit gun ownership, the former felon will gain back their gun rights and will be permitted to own a firearm.