CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Conditions: Miscellaneous
 26 Cards On This Topic:
  • Probation requirements which are mandatory absent express finding that condition inappropriate.
  • Court may order confinement in juvenile home, ranch, camp or forestry camp.
  • Vague probation condition requiring M not to access porn remanded to juv. ct. to more precisely define the material to be prohibited, and how it would help M avoid future indecent exposure and aid in his rehab.
  • Probation condition prohibiting M from possessing anything he could use as a weapon was vague and overbroad, requiring modification to include actual knowledge of the weapon's character and scienter.
  • Trial ct. erred by requiring M to register as an arson offender per PC 457.1 because he was not committed to, or paroled from DYA/CYA, now known as DJF.
  • Probation condition requiring alcohol and drug testing by blood, breath, or urine proper as trial ct. has discretion under W&IC 730 to impose such conditions; W&IC 729.3 not intended to affect this discretion.
  • Condition prohibiting M from coming w/in 150 feet of any school other than the one he attended was unreasonable as it was not related to his offenses, did not prohibit criminal conduct and would not serve a rehabilitative purpose.
  • Stringent probation conditions should help M focus on his more admirable character traits so that juvenile offense will prove to be a "wakeup" call; some conditions modified.
  • Probation condition prohibiting M from possessing any "dangerous or deadly weapon" is sufficiently precise for probationer to know what is required of him.
  • Probation condition requiring M to take all prescribed medications modified to apply only to meds prescribed for depression or social anxiety disorder.
  • In conditioning M's probation on wearing a GPS device, court did not abuse its discretion, impermissibly invade M's right to privacy, or deny him equal protection.
  • Home supervision and work project probation conditions for M's misdemeanor marijuana possession are valid.
  • Auto burglary conviction not gang-related crime so as to merit gang registration condition.
  • To preserve reasonableness of probation condition for appeal, M must object in juv. court unless, as here, exception applied; Welch extends to juvenile proceedings; Tanya B. rejected.
  • Drug search condition stricken as unjustified in Welf. & Inst. Code §602 petition re animal cruelty.
  • Minors, as adults, must make timely objections to probation conditions or issue waived on appeal.
  • Urine testing as probation condition is valid even though neither offense nor social history suggests substance abuse.
  • In both adult and juvenile cases, time to object to probation conditions is at pertinent hearing, not for first time on appeal.
  • VC allows revocation of minor’s driver’s license as probation condition following conviction of ADW w/auto, regardless of whether felony or misdemeanor.
  • Revealing identity of coparticipants as condition to avoid commitment for burglary is reasonably related to a proper rehabilitative objective.
  • Probation condition that M maintain "satisfactory grades" means passing grades; bar to being in vehicles w/other Ms without adult must be shown to be related to M’s background or crime.
  • Probation conditions contained on preprinted form valid, even though D not orally advised of them.
  • Juvenile court may not condition minor’s probation on parent’s attendance at AA meetings.
  • Minor not committed to CYA cannot be required to register as sex offender under Pen. Code §290 as condition of probation.
  • Restricting firearm possession to age 21 reasonably related to sentencing factors and did not restrict M’s freedom of religion.
  • Cases discussing miscellaneous probation conditions.


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