Rule 4.415. Criteria affecting the imposition of mandatory supervision

(a) Presumption Except where the defendant is statutorily ineligible for suspension of any part of the sentence, when imposing a term of imprisonment in county jail under section 1170(h), the court must suspend execution of a concluding portion of the term to be served as a period of mandatory supervision unless the court finds, in the interests of justice, that mandatory supervision is not appropriate in a particular case. Because section 1170(h)(5)(A) establishes a statutory presumption in favor of the imposition of a period of mandatory supervision in all applicable cases, denials of a period of mandatory supervision should be limited.

(b) Criteria for denying mandatory supervision in the interests of justice In determining that mandatory supervision is not appropriate in the interests of justice under section 1170(h)(5)(A), the court’s determination must be based on factors that are specific to a particular case or defendant. Factors the court may consider include:

(1) Consideration of the balance of custody exposure available after imposition of presentence custody credits;

(2) The defendant’s present status on probation, mandatory supervision, postrelease community supervision, or parole;

(3) Specific factors related to the defendant that indicate a lack of need for treatment or supervision upon release from custody; and

(4) Whether the nature, seriousness, or circumstances of the case or the defendant’s past performance on supervision substantially outweigh the benefits of supervision in promoting public safety and the defendant’s successful reentry into the community upon release from custody.

(c) Criteria affecting conditions and length of mandatory supervision In exercising discretion to select the appropriate period and conditions of mandatory supervision, factors the court may consider include:

(1) Availability of appropriate community corrections programs;

(2) Victim restitution, including any conditions or period of supervision necessary to promote the collection of any court-ordered restitution;

(3) Consideration of length and conditions of supervision to promote the successful reintegration of the defendant into the community upon release from custody;

(4) Public safety, including protection of any victims and witnesses;

(5) Past performance and present status on probation, mandatory supervision, postrelease community supervision, and parole;

(6) The balance of custody exposure after imposition of presentence custody credits;

(7) Consideration of the statutory accrual of post-sentence custody credits for mandatory supervision under section 1170(h)(5)(B) and sentences served in county jail under section 4019(a)(6);

(8) The defendant’s specific needs and risk factors identified by a risk/needs assessment, if available; and

(9) The likely effect of extended imprisonment on the defendant and any dependents.

(d) Statement of reasons for denial of mandatory supervision Notwithstanding rule 4.412(a), when a court denies a period of mandatory supervision in the interests of justice, the court must state the reasons for the denial on the record.

Committee Notes

(Subd (a) amended effective January 1, 2017.)

(Subd (c) amended effective January 1, 2018.)