California, United States of America
The following excerpt is from People v. King, A159742 (Cal. App. 2020):
section 3454, subdivision (a), "Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offender's risk of recidivism, and the offender's criminal history, and be otherwise consistent with law." Defendant's attorney has identified as a possible issue for briefing whether the phrase "offender's risk of recidivism" in section 3454, subdivision (a), is "analytically equivalent to 'future criminality' within the meaning of People v. Lent (1975) 15 Cal.3d 481, 486." Lent, supra, at page 486 provides that conditions of parole/probation are valid unless they relate to conduct that is not itself criminal, has no relationship to the crime for which the parolee was convicted, and requires or forbids conduct which is not reasonably related to future criminality. Despite the difference in terminology, the criteria under section 3454, subdivision (a) are consistent with the Lent test.
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