Does a defendant have the power to carve out an exception to a comprehensive statutory scheme in order to design a probation condition that uses some but not all of the provisions of that statutory scheme?

California, United States of America


The following excerpt is from People v. Eastman, 237 Cal.Rptr.3d 266, 26 Cal.App.5th 638 (Cal. App. 2018):

Defendant cites no authority supporting his position but only authority for the well-recognized proposition that trial courts have broad discretion to craft probation conditions. A trial court has "broad discretion to impose such reasonable probation conditions as it may determine are fitting and proper to the end that justice may be done ... and generally and specifically for the reformation and rehabilitation of the probationer .... " ( People v. Chardon (1999) 77 Cal.App.4th 205, 217, 91 Cal.Rptr.2d 438 ; 1203.1, subd. (j).) Nevertheless, the fact that trial courts have broad discretion to craft probation conditions does not establish that a trial court has the power to carve out an exception to a comprehensive statutory scheme in order to design a probation condition that utilizes some, but not all, of the provisions of that scheme.

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