Felony probation lasts up to 2 years for most non-violent felonies. It can last up to 3 years for the crimes of grand theft, embezzlement, or theft by false pretenses that involve more than $25,000. The term of probation can be longer for violent felonies, or for crimes that specify the applicable term of probation.
This is due to recent changes in California law.
How long does felony probation last?
The length of a term of felony probation, also known as formal probation, depends on the nature of the offense.
For non-violent felonies, formal probation will now generally last 2 years. This includes most theft crimes, as well as felony convictions for driving under the influence (DUI).
When a criminal law specifies how long probation will last, that time period is used. This can significantly increase the amount of time that a defendant has to be on community supervision.
Additionally, some serious theft offenses come with probation periods of 3 years. These offenses are any of the following, when more than $25,000 is involved:
These time periods for formal probation are new. California changed the law in 2020. California Assembly Bill 1950 (AB 1950) significantly reduced the probation term for many offenses. AB 1950 was signed into law by Governor Gavin Newsom on September 30, 2020.1 This law also reduced most misdemeanor probation terms to 1 year.2
What is formal probation?
Felony probation is an alternative to a prison sentence. After a conviction for a felony-level offense, the judge can put the defendant on probation, rather than in state prison. The defendant will then serve his or her sentence under community supervision, rather than behind bars.
Community supervision, especially formal probation after a felony, is not easy, though. Judges can impose strict rules on what the probationer can do. Those terms and conditions of probation will be tailored to the defendant’s past record and the nature of the criminal offense. Some common rules of felony probation include:
- regular meetings with a probation officer,
- community service,
- victim restitution,
- consent to police searches and drug testing,
- payment of court costs,
- completion of a court-required treatment program for drugs or alcohol dependence, and
- not committing any crimes while on probation.
Violating any of these rules is a probation violation.
What will happen if I violate a rule of my probation?
Probationers who violate a term or condition of their release will have to go to a probation violation hearing. There, the judge will decide whether to:
- revoke probation and send the defendant to serve the rest of his or her sentence in prison,
- modify the rules of probation to make them stricter, then release the defendant on those terms, or
- reinstate probation on its original terms and release the defendant.
To ensure that the probationer makes it to the hearing, the judge will often issue a bench warrant. This warrant instructs police to arrest the probationer the next time they interact with him or her. If the probationer is arrested and held in jail, bail may or may not be an option before the violation hearing.
Is everyone eligible for probation?
Not all defendants are eligible for felony probation. Additionally, some felony offenses are ineligible for probationary sentences.
Defendants can be ineligible for formal probation in 2 circumstances:
- he or she was convicted of a felony and had a prior conviction for either:
- a violent felony listed under Penal Code 667.5 PC, or
- a serious felony listed under Penal Code 1192.7 PC.
- he or she was convicted for a serious or a violent felony that was committed while the defendant was out on felony probation.3
Felony offenses for certain sex crimes are also generally ineligible for probation. This is especially true if there were aggravating factors in the offense.4
How long did felony probation used to last before AB 1950?
These rules for felony probation in California changed very recently. In September, 2020, the governor signed AB 1950 into law. This bill overhauled felony probation law. It also applies retroactively.5
Before these changes went into effect, felony probation could last for as long as the maximum available prison sentence. If the maximum possible prison sentence was 5 years or less, the probation term could be up to 5 years.
Legal References:
- Press Release, “Governor Newsom Signs Critical Criminal Justice, Juvenile Justice and Policing Reform Package, Including Legislation Banning the Carotid Restraint” (Sept. 30, 2020).
- California Penal Code 1203a PC.
- California Penal Code 667.5 PC and 1203(k) PC.
- California Penal Code 667.61 PC.
- People v. Sims, 59 Cal.App.5th 943 (2021).
