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It frequently occurs that the court's order is only that restitution be made to the injured parties in such amount as the probation department determines. This throws upon the probation department, and more particularly upon the restitution division, the burden of determining the damages incurred and of making specific the conditions under which payment is made. Apparently, the actual determination of the amount of restitution in such cases is delegated to the probation department by the court.

The first step taken in restitution cases is that of getting in touch with all those having claims against the probationer as a result of the offense, finding out what these claims are, and investigating and verifying the facts in regard to them. Further, the division must investigate the defendant's situation and reach a conclusion as to his ability to pay the restitution claims. The exact amount which the defendant is to be required to pay must then be determined and the conditions under which it may be paid. No money is handled by this division; the payments are made to the court trustee, whose office is located in the same building as the adult probation department. As soon as restitution money is received, it is distributed through the county auditor's office on a pro rata basis to those persons whose claims against the defendant have been established. Lists of payments received by the court trustee are sent to the probation office daily, and this information is entered on the kardex record of the defendant's case. As soon as the full amounts have been paid, the restitution division is notified and an additional check is made by this division of the kardex record to make sure that it shows the completion of all payments. In those cases in which both a fine and restitution are assessed against the defendant, the money paid in is always applied first to restitution.

The determination of these matters requires considerable investigation in each case. On the whole, creditors are usually fair in their attitude toward a defendant and cooperate willingly to the end that the restitution required of the defendant be assessed on a fair basis. The cases in which restitution is most frequently ordered are those arising out of automobile cases and the passing of fictitious checks. Care is

taken to see that persons not entitled to restitution are eliminated from the possibility of receiving payments. At this point in the legal process, however, there is very little danger of restitution being assessed merely as a means of collecting a bad debt. The criminal judges watch this closely, since they resent any attempt to use their courts as collecting agencies. This division also keeps track of domestic relations accounts where, as in nonsupport cases, payments are made a condition of probation.

Whenever a case comes to the attention of the division, a prepared form is sent to every person of whom there is any record in the case who might have suffered damage or financial loss, asking that he come forward with the information as to his losses. These forms are usually sent out in cases involving damage or known loss after the filing of the application for probation but before the actual hearing and determination of probation. Very often the amount of damage or loss incurred will have a definite bearing on the advisability or possibility of granting the defendant probation.

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Revocation and modification.-At any time during the probationary period any probation officer or peace officer may without warrant rearrest the probationer and bring him before the court, or the court may in its discretion issue a warrant for the rearrest of the person on probation and thereupon may revoke and terminate the probation "if the interests of justice so require it and if the court shall have reason to believe from the report of the probation officer or otherwise that the person so placed on probation is violating any of the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates or a vicious life." Upon revocation, if sentence has not yet been imposed, the court may pronounce judgment for any time within the longest period for which the defendant might have been sentenced. If sentence has already been pronounced, the judgment "shall be in full force and effect" upon revocation and the probationer must be delivered over to the proper officer to serve his sentence." The court may also at

"Cal. Pen. Code (Deering, 1937) § 1203.2. In the following counties revocations of probation are rare: Humboldt, Merced, San Bernardino, Sacramento, Yolo, Shasta, Alameda, Mendocino.

any time during the term of probation modify its order of suspension of imposition or execution of sentence.100

The court may revoke probation upon a sufficient showing of violation, without notice to defendant or a formal hearing, whether the defendant is present in court or not.101 There must, however, be some proof of violation,102 although the violation need not be of the specified conditions of probation, and no particular source, manner, or degree of proof is required by statute.103 Defendant may not be committed, however, without a revocation or modification of the order of suspension.104 Revocation by way of the informal procedure delineated above is not unconstitutional.105 Jurisdiction to revoke is lost after the probation period has expired, even though the violation occurred within the period.106 When the court has revoked the order of probation upon evidence that could reasonably be taken as showing the probationer unworthy of relief, the revocation will not be disturbed on appeal.107

Revocation: Los Angeles County.—The violation division investigates all alleged violations of probation and prepares reports for the court. Two men are active in the violation division of the adult probation office. Each day the arrest dockets of both the sheriff's office and the Los Angeles police department are checked over as far as possible to determine whether or not any person who is on probation has been arrested. Due to the fact that until very recently the Los Angeles police department was not fingerprinting those arrested for misdemeanors, the violation division had some difficulty in identifying those probationers who were picked

100 Id. § 1203.3. Very few modifications are sought in Kern County. In San Diego and Santa Clara Counties modifications are frequent.

101 People v. O'Donnell, 37 Cal. App. 192, 174 Pac. 102 (1918); People v. Sanders, 64 Cal. App. 1, 220 Pac. 24 (1923). In re McBride, 101 Cal. App. 251, 281 Pac. 651 (1929); In re Young, 121 Cal. App. 711, 10 P. (2d) 154 (1932); People v. Blankenship, 16 Cal. App. (2d) 606, 61 P. (2d) 352 (1936). 102 In re Maguth, 103 Cal. App. 572, 284 Pac. 940 (1930). 103 In re Young, 121 Cal. App. 711, 10 P. (2d) 154 (1932). 104 In re Giannini, 18 Cal. App. 166, 122 Pac. 831 (1912). 105 In re Young, 121 Cal. App. 711, 10 P. (2d) 154 (1932).

106 People v. O'Donnell, 37 Cal. App. 192, 174 Pac. 102 (1918); Ex parte Slattery, 163 Cal. 176, 124 Pac. 856 (1912).

107 People v. Fields, 131 Cal. App. 56, 20 P. (2d) 988 (1933); People v. Sapienzo, 60 Cal. App. 626, 213 Pac. 274 (1923); People v. Sanders, 64 Cal. App. 1, 220 Pac. 24 (1923); People v. Chester, 132 Cal. App. 1, 22 P. (2d) 237 (1933).

up by the police on minor charges. It was reported that during the latter part of 1936 such fingerprints were being taken by the police department. Where a probationer has been arrested the men of the violation division immediately check up with the police department or the sheriff's office to learn the circumstances of the arrest. Usually they also interview the defendant. If the charges and proof are sufficient to constitute a substantial violation of the conditions of probation, the case is prepared by this division and as soon as a supplementary report is ready, the defendant is brought before the court as a probation violater.

The violation division also cooperates with the supervision division and handles all cases that are referred to it by the supervising officers for discipline. If a probationer is not cooperative or is violating the conditions of his probation or threatens to violate them, the supervising officer may turn to his divisional director for advice and the latter in turn may present the matter to the director of the adult division. These three officials determine whether or not a petition for modification should be filed with the court. The director of the adult division usually appears before the court on petitions for modification. Various types of modifications are made.

When a defendant is unable to make restitution within the original term of probation, his term may be extended to permit him to complete his restitution payments or his fine installments. Occasionally, where it appears that the payment of the full amount of restitution or fine is an impossibility, a modification is sought to reduce the fine or restitution to be paid.

Modifications are sometimes made which add conditions to the original probation status. A defendant may be charged with a violation but the term may be extended, or an additional term in jail may be required. Sometimes modifications are made to protect the defendant's family. For example, where a defendant is expending his income unwisely, a condition limiting his freedom in this regard may be added to his probation.

Where the case is referred to the violation division, it is the policy of that division to handle all violations or near

violations within the department if possible, and to go before the court only in those cases where they feel a revocation of the probation should be made. No revocations are asked for in those cases where the probationer has absconded unless information is obtained showing that a new crime has been committed by the probationer.

Termination and discharge.-After the payment of a fine and/or the fulfillment of all conditions of probation, probation ceases automatically at the end of the term, or sooner, in the event of modification. If the court has not seen fit to revoke the order within the period, the defendant is entitled to a discharge. The court may also at any time terminate the period and discharge the probationer, 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." But in the latter case an order of discharge may not be made without written notice first given by the court or the clerk thereof to the probation officer.108 Termination is generally ordered by the court upon recommendation of the probation officer.

Every probationer who has fulfilled the conditions of his probation for the full period or who has been discharged before the end of the period has a right to withdraw a plea of guilty and enter a plea of not guilty; or if he has been convicted by a jury he has a right to have the court set aside the verdict. In either case the court must dismiss the information or accusation. The defendant is entitled to these rights at any time within a period equal to the maximum period of sentence, dating from the end of the term of probation or from a discharge before the end, whichever may be the case.109

Upon receiving a dismissal the defendant is released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. The probationer must be informed of his rights in his probation papers. He may make an application and change of plea in person or by

108 Cal. Pen. Code (Deering, 1937) §§ 1203.1, 1203.3.

109 Id. § 1203.4; In re Herron, 217 Cal. 400, 19 P. (2d) 4 (1933).

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