CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Conditions: Association & Gangs
14 Cards On This Topic:

Claim that probation condition unconstitutionally vague and overbroad not forfeited by failure to raise it below but modification to impose explicit knowledge requirement necessary to render condition constitutional.

D, associating on parole with probationer girlfriend, forfeited his reasonableness challenge to the condition forbidding associating with probationers by failing to object on reasonableness grounds below.

Probation condition restricting M's freedom to approach or enter courthouses where he knows a W or V of gang-related activity will be present was unconstitutionally overbroad.

Gang association probation conditions required amendment in one case and reversal and remand in another to allow closer tailoring of condition consistent with In re Sheena K.

Probation terms requiring M to stay out of known gang gathering areas of Barrio Pobre as directed by his PO was constitutional and did not interfere with his ability to visit his daughter who lived in the area.

Probation condition forbidding M from associating with persons he knows to be on probation not unconstitutionally overbroad and sufficiently related to goals of promoting rehabilitation and protecting the public.

Gang conditions re association with fellow gang members and possession of gang clothing must reflect D's own personal knowledge of their gang affiliation.

Juvenile court could not forbid M's association with any person "not approved," but could forbid association with any person "disapproved," as long as court also required that M know of the disapproval.

Gang registration law requiring D to register as gang member as probation condition is constitutional.

Prohibiting association with gang members without restricting the prohibition to ••known•• gang members is a classic case of vagueness.

Although probation prohibitions re tattoos and body marking constitut'l and reasonable exercise of court's supervisory function, piercing condition modified to ban gang-related piercing.

Juvenile court may not impose discretionary probation conditions on M committed to CYA as rehabilitation is a function solely in hands of CYA after commitment.

Conditions to restrict gang affiliation reasonable without evidence of gang membership.

Condition of probation limiting association to those persons approved by parents and probation officer not invalid as overbroad restriction on minor’s right to association.