California Penal Code

§ 1203.25

PEN § 1203.25 Effective Jan 1, 2024Title 8 · Part 2 · Ch. 1

Statute text

(a)All persons released by a court at or after the initial hearing and prior to a formal probation violation hearing pursuant to subdivision (a) of Section 1203.2 shall be released on their own recognizance unless the court finds, by clear and convincing evidence, that the particular circumstances of the case require the imposition of an order to provide reasonable protection to the public and reasonable assurance of the person’s future appearance in court.

(1)The court shall make an individualized determination of the factors that do or do not indicate that the person would be a danger to the public if released pending a formal revocation hearing. Any finding of danger to the public must be based on clear and convincing evidence.

(2)The court shall not require the use of any algorithm-based risk assessment tool in setting conditions of release.

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Legislative history

Amended by Stats. 2023, Ch. 218, Sec. 8. (SB 852) Effective January 1, 2024.