Is a condition of probation valid if it requires a defendant to live in residential property which he owns but has failed to maintain in a lawful manner?

California, United States of America


The following excerpt is from People v. Avol, 192 Cal.App.3d Supp. 1, 238 Cal.Rptr. 45 (Cal. Super. 1987):

[192 Cal.App.3d Supp. 8] "A condition of probation will not be held invalid unless it ... has no relationship to the crime of which the offender was convicted, ... relates to conduct which is not in itself criminal, and ... requires or forbids conduct which is not reasonably related to future criminality. Conversely a condition of probation which requires or forbids conduct which is not itself criminal is valid if that conduct is reasonably related to the crime of which the defendant was convicted or to future criminality." (People v. Lent (1975) 15 Cal.3d 481, 486, 124 Cal.Rptr. 905, 541 P.2d 545. [Citation and inner quotes omitted].) We have no doubt that a condition of probation which requires defendant to live in residential property which he himself owns but which he has failed to maintain in a lawful manner is reasonably related to the nature of the conviction and the rehabilitation of the offender. (See In Re White (1979) 97 Cal.App.3d 141, 150-151, 158 Cal.Rptr. 562.)

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