Probation & Parole for
CA Sex Offenses
A probation sentence is a period of supervision, as opposed to a jail or prison sentence. A parole sentence is period of supervision after a state prison sentence. The purpose of probation is punishment and rehabilitation. The purpose of parole is reintegration into society after prison.
Probation Sentence for Sex Crimes
Probation Availability: A probation sentence after the conviction of a sex crime is allowed in some, but not all cases.
Example: A probation sentence is allowed after a conviction for PC 288(a) Lewd and Lascivious Act Upon a Child Under 14 Years of Age. However, a probation sentence is not guaranteed after a PC 288(a) conviction. Whether or person convicted of PC 288(a) is granted a probation sentence depends on the facts of the case, the defendant’s criminal history, the level of harm caused to the minor victim, and more.
Probation Denied: Some sex crimes are not eligible for a probation sentence. These cases include the most serious of sex crimes offenses, including substantial sexual conduct penalty enhancements, rape by force or fear, lewd acts on a child under 10 years of age, kidnapping to commit a sex offense, and more.
Probation Terms: Sex crimes probation terms are designed to both punish, as well as rehabilitate the offender. Terms usually include work release, house arrest, or other community service, criminal protective orders in favor of the victim, court fees and fines, submit to a lie detector test periodically, submit to HIV testing, commit no crime (misdemeanor or felony), and more.
PC 1203.02 Term: The court..., in granting probation to a defendant convicted of any of the offenses enumerated in penal code section 290... shall inquire into the question whether the defendant, at the time the offense was committed, was intoxicated or addicted to the excessive use of alcoholic liquor or beverages at that time... of the offense, and if the court..., believes that the defendant was so intoxicated, or so addicted, such court..., shall require as a condition of probation that the defendant totally abstain from the use of alcoholic liquor or beverages (PC 1203.02 Abbrev.).
Note: Some sex crimes come with sex offender registration requirements upon conviction. When the defendant is ordered to register as a sex offender after a qualifying sex crime, and he or she is granted a probation sentence, then the defendant will be ordered to register as a sex offender as a condition of his or her probation sentence.
Jail Sentence Term: A probation sentence may include a condition that the defendant serve a jail term. However, when the defendant is ordered to serve a jail term as a condition of probation, that jail term is typically much shorter than the jail or prison sentence that the defendant would otherwise have received if he or she was not granted a probation sentence.
Length of Probation: A probation sentence after the conviction of a sex crime is generally longer than a probation sentence for non-sex crimes. In some cases, the length of probation is required to be a certain length of time, and the defendant cannot have that time shortened though a modification of probation petition.
For example, most non-sex crime misdemeanor convictions carry a probation sentence of two years (when probation granted). However, most misdemeanor sex crimes carry at least a three-year probation sentence. Felony sex crimes conviction usually require at least a four-year felony probation term (when probation granted). [PC 1203.97]
Probation Violation: A probation violation can result in incarceration, or further conditions of probation. A probation violation occurs when the defendant fails to follow the conditions of probation. When failure to follow the condition of probation is the defendant’s criminal conduct, then the defendant may be charged with a violation of probation and the new criminal offense.
For example, David receives a probation sentence after a conviction of indecent exposure (PC 314). David fails to register as a sex offender as required by his probation terms. Thereafter, David may be charged with both the violation of probation (fail to follow the probation term), and failure to register as a sex offender (PC 290(b)).
Parole Sentence for Sex Crime
Parole From Prison for Sex Crimes
A parole sentence is an early release from prison upon the condition of supervision by a parole agent, or parole officer.
For example, David is sentenced to ten (10) years in prison after a conviction for PC 288(b)(1) Lewd Act Upon a Child with Force. David is granted parole from prison after six (6) years. Thereafter, David is monitored by a parole officer, and he is ordered to fulfill certain requirements, as a condition of his early release.
Note: Parole sentences are designed to reintegrate the parolee back into society. Parole lengths after a prison sentence for sex crimes tend to be much longer than parole lengths for non-sex crimes.
For example, the parole length after a conviction for lewd and lascivious act upon a child under fourteen (14) years of age (PC 288(a)) is twenty (20) years to life. Many of the most serious sex crimes carry a life-time parole sentence after prison.
Note: If David serves the entire ten (10) year sentence under the above example, then David is not release to parole. This is because David will have served his entire prison sentence without early release and parole condition are for convicts that are released early from prison.
Terms of Parole: The terms of parole after a sex crimes conviction usually include, do not contact the victim or the family of the victim, register as a sex offender (if required per PC 290), find gainful employment, commit no misdemeanor of felony offense, submit to polygraph exams, and more.
Note: Unlike probation terms, parole terms do not usually include further punishment unless the parolee violates a condition of his or her parole.
Parole Violations: A parole violation is handled in the county where the violation occurred, as opposed to where the defendant was committed for his or her underlying offense.
Example: David is sentenced to prison in Riverside County after a conviction for rape by force or fear (PC 261(a)(2)). David serves his prison sentence in Los Angeles County. After release from prison, David commits the crime of indecent exposure (PC 314) in San Bernardino County: Result: David will have his parole violation hearing in San Bernardino County, along with his new criminal prosecution for indecent exposure.
If you have been charged with a probation violation, or a parole violation, after the conviction of a California sex crime, contact our sex crimes criminal defense lawyers today for a free consultation. Our highly experienced sex crimes defense attorneys have helped hundreds of defendants charged with misdemeanor and felony sex crimes in the Inland Empire. We can help you too. Call today!