What is the test for a probationer to be placed on a "reasonable condition" of their probation?

California, United States of America


The following excerpt is from People v. Miller, H040879 (Cal. App. 2016):

Sentencing courts are authorized to impose any "reasonable conditions" of probation "generally and specifically for the reformation and rehabilitation of the probationer ..." (Pen. Code, 1203.1, subd. (j))3 without jeopardizing "[t]he safety of the public ... ." ( 1202.7; cf. 1191.1.) "Probation conditions may be classified according to their purposes. Some reinforce the requirements of penal statutes the probationer may be especially at risk of violating. Others are intended to keep the probationer away from situations likely to lead to criminal conduct. '[E]ven if a condition of probation has no relationship to the crime of which a defendant was convicted and involves conduct that is not itself criminal, the condition is valid as long as the condition is reasonably related to preventing future criminality.' " (Rodriguez, at p. 590, quoting People v. Olguin (2008) 45 Cal.4th 375, 380.)

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