What is the test for establishing a specific Page 14 time and day for a probationer?
California, United States of America
The following excerpt is from People v. Xinol-Mendez, E066647 (Cal. App. 2018):
Moreover, requiring a specific time and day ensures consistency and provides a probationer with advance notice of what is required of him or her. (People v. Castenada (2000) 23 Cal.4th 743, 751 [the rule of fair warning consists of "the due process concepts of preventing arbitrary law enforcement and providing adequate notice to potential offenders"]; People v. Reinertson (1986) 178 Cal.App.3d 320, 324-325 [A probation condition "must be sufficiently precise for the probationer to know what is required of him, and for the court to determine whether the condition has been violated," if it is to withstand a challenge on the ground of vagueness.].) Additionally, requiring a specific
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time and day would assist probationers in remembering the probation condition, especially homeless probationers.
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