What are the conditions of probation under section 1203.1 of the California Criminal Code requiring a defendant not to be a member of a gang?

California, United States of America


The following excerpt is from People v. Viau, A142370 (Cal. App. 2015):

enforcement of court-ordered conditions of probation.' [Citation.] . . . [] In granting probation, courts have broad discretion to impose conditions to foster rehabilitation and to protect public safety pursuant to . . . section 1203.1." (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) The sentencing court has authority to impose any "reasonable" conditions it "may determine are fitting and proper to the end that justice may be done." ( 1203.1, subd. (j).)

Viau concedes the gang-related conditions are reasonable. (People v. Lopez (1998) 66 Cal.App.4th 615, 624-626 (Lopez).) Instead, he maintains the following conditions of probation are vague and overbroad: (1) "You are not to be a member of any gang"; (2) "You are not to associate with any person known to be a gang member"; (3) "You are not to wear or display any gang colors, clothing, or insignia"; and (4) "You are not to frequent any areas of gang-related activity."3 He also argues the record should be modified to clarify that certain probation-related fees are imposed via separate order, not as conditions of probation.

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