AB 1950: Shorter Probation for Most Criminal Cases

Effective January 1, 2021, Assembly Bill (AB) 1950 will limit probation sentences for most misdemeanor offenses (currently 3 years for most crimes), to one year, and two years for most felony offenses. However, there are some exceptions:

• Offenses in violation of the Dangerous Weapons Control Law, as defined in Section 23500
• Offenses involving the use of dangerous or deadly weapon
• Violent felonies
• Child abuse
• Offenses that includes specific probation lengths within its provisions, such as DUI because Vehicle Code Section 23600 specifically states that probation for a DUI is between three and five years
  

LINK TO THE FULL TEXT OF AB 1950
The enactment of AB 1950, signed by Governor Gavin Newsom on September 30, 2020, will significantly improve California’s probation system. California currently has more than 300,000 people on probation —1 in 98 adult residents—and eight percent of that prison population is made up of those who have committed a “technical violation” in regard to their parole. When individuals violate a condition of probation, such as failing to report an address changes, showing up late to an appointment, traveling beyond county lines or using drugs or alcohol, but have not committed new offenses, they can be found guilty of a “technical violation” and incarcerated. A single technical violation can result in a loss of all earned credit for the time they lived in the community without violation. Additionally, AB 1950 is expected to save the citizens of California hundreds of millions of dollars.

The purpose of probation is to assist in reducing the incidence and impact of crime by probationers in the communities. The enactment of AB 1950 will set probationers up for success rather than failure.

Research by the California Budget & Policy Center shows that probation services, such as mental healthcare and addiction treatment, are most effective during the first eighteen months of supervision. Research has also shown that multiyear supervision sentences that extend beyond the point of service rehabilitative or public safety objectives result in bloated probation and parole caseloads. The changes enacted in AB 1950 to bring shorter probation lengths is good for public policy. Californians are already facing consequences from COVID-19 to wildfires and AB 1950 will help some of the most vulnerable community members to succeed and exit the criminal justice system.
This was the first major win for REFORM Alliance, which is co-founded by Meek Mill, Michael Rubin, Shawn “JAY-Z” Carter, Robert Kraft, Clara Wu Tsai, Michael Novogratz, Dan Loeb, Robert Smith, Robert Kraft and Laura Arnold and the CEO is Van Jones. Together they worked with Assemblywoman Sydney Kamlager-Dove, to push AB 1950 through the legislature. This bill will decrease the probation population by thirty-three percent, give 24,000+ life years back, and prevent 48,000+ prison admissions due to technical probation violations. AB 1950 will save $2.1 BILLION over the next five years in reduced judicial, probation, and operational costs. Most importantly, it will help hundreds of thousands of people get a second chance at success and exit the justice system for good!   

Currently, it is not clear whether the changes made by AB 1950 will apply to cases filed before January 1, 2021. Therefore, if you or a loved one is convicted prior to January 1, 2021, contact the Law Offices of Nicholas Loncar to discuss your case. Further, if you have an open case, you should talk to your lawyer about delaying sentencing until after January 1, 2021, to receive the benefits enacted in AB 1950.

CALL THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A FREE CONSULTATION!  213-375-3775

Useful LA Criminal Defense Resources:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department 
LA County Law Library
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule
Los Angeles Public Defender
Los Angeles City Attorney
Los Angles District Attorney
Office of the CA Attorney General

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