Adult Probation
Frequently Asked Questions
GENERAL QUESTIONS
Q. Where are the Adult Probation Offices located?
| Lompoc |
Santa Maria |
Santa Barbara |
| 415 E. Cypress Street |
2121 S. Centerpointe Parkway |
117 E. Carrillo Street |
| Lompoc, Ca. 93436 |
Santa Maria, Ca. 93455 |
Santa Barbara, Ca. 93101 |
| (805)737-7800 |
(805)739-8500 |
(805)882-3700 |
Q. What is Probation?
When convicted of a crime, the law says the person convicted will be punished by serving prison time for felony offenses, or in the County Jail for misdemeanor offenses. However, rather than serving this custody time the Court may choose to offer probation to a person (also called a defendant) convicted of a crime. If the convicted person/defendant agrees to probation the Court will order certain conditions, which can include serving some time in jail, completing a treatment program, or paying restitution to the victim of the crime.
Q. What is a "suspended sentence"?
In certain cases the Court orders a defendant to serve time in prison or county jail but then suspends that sentence on the condition that the defendant successfully complete probation. If the defendant is successful on probation, they will not have to serve the suspended sentence. If the defendant violates probation, the suspended sentence can be imposed.
Q. How do I find out who my Probation Officer (PO) is?
The Court usually instructs a defendant to report to the Probation Department within 3 days of being sentenced or released from jail. This means that a defendant will often be reporting to Probation before a PO has been assigned. When a defendant reports after court he/she will complete paperwork required to set up their probation case. Normally within 14 days the defendant will be contacted by their new PO. If after about 14 days, there has been no contact from the Probation Officer, the defendant should contact the Probation Department. There are occasionally circumstances that may cause case assignment to be delayed.
Q. How long does probation last?
The length of probation supervisio is determined by the Court. Typically probation grants are for three to five years.
Q. What does "search and seizure" mean?
This is a condition of probation that can be ordered by the Court. This condition allows probation or any law enforcement officer to search a defendant’s person or personal property, as described in the court order, without first obtaining a search warrant. If contraband is found, it can be seized and used as evidence in a probation violation or new law violation. A violation can also result if a defendant who has been ordered by the court to ‘submit to search and seizure’ refuses to allow the search of his or her property.
Q. Will my employer be notified?
It depends on the specifics of your case. You should discuss this with your assigned Probation Officer at your scheduled office visit.
Q. Can a person convicted of a felony or misdemeanor domestic violence offense own a firearm?
Anyone convicted of a felony offense cannot own a firearm. According to California Penal Code Section 12021, it is a felony for any person convicted of a felony to be in possession of a firearm. Additionally, anyone who has been convicted of a misdemeanor domestic violence offense cannot own or possess a firearm for a period of 10 years.
Q. Can a defendant live in a different County while being supervised on probation?
The Probation Officer or the Court may allow a defendant to live in a different county. However, approval must be given prior to leaving Santa Barbara County. If given permission to live outside the county the defendant will still be responsible for appearing at court hearings in Santa Barbara County and must report to Probation as instructed.  A defendant may be granted courtesy supervision in the other county. If so, they will be assigned a PO in that county to report to.
Q. Can a defendant travel to a different state while being supervised on probation?
Travel to a different state is allowed only with the prior approval of the Probation Officer. Anyone who wishes to move permanently to a different state must complete an application at probation for Interstate Transfer and Supervision. Only when the application has been approved by both the sending and receiving states will the defendant be given permission to move permanently.
Q. How is a conviction dismissed?
Your attorney can help you with this process. Penal Code Section 1203.4 and 1203.4(a) allows certain individuals who have successfully completed probation to petition the court for a certificate of rehabilitation, pardon, or dismissal. The petition will set the plea/verdict aside. The individual will still need to disclose the conviction when responding to direct questions in an application for public office, for licensure by any state or local agency, and for contracting with the California State Lottery.
Q. Does probation provide help finding employment or job training?
Most defendants on adult probation must seek and maintain employment if not a full time student. Probation can make referrals to job workshops that may be available and to other agencies for assistance in finding a job.
Q. Can I vote while on probation?
Yes. In California, someone with a misdemeanor conviction can vote. Someone with a felony conviction can vote while on probation, after completion of parole or if they are committed to county jail. According to the California Constitution and Elections Code, “A person entitled to register to vote shall be a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age.” This means that California residents with felony conviction can vote after completion of parole or while on probation.
Q. Can I get a copy of a probation report?
Generally, reports in adult matters may be inspected or copied through the Clerk of the Court by any person for a period of 60 days from the sentencing date. The court can also authorize copies be given to persons who petition the court after this 60 day period.
Q. Can I get an early termination from probation?
Convictions for certain crimes require a minimum period of time on probation. A person on probation who wishes to have their case considered for early termination should contact their attorney. If they are eligible they can request that a court hearing be scheduled. Typically to be considered by the Court or Probation the defendant must have completed at least half of their court-ordered probationary period, completed all requirements of probation such as treatment programs and community service work, have all fines, fees and restitution paid in full and not have any negative law enforcement contact for a period of at least one year.
Q. Can I find out who is on probation?
Due to confidentiality issues, Probation does not release this information to the public. The Probation Department can accept information from the public to assist in supervising cases and effectively protecting the community. Crime victims are allowed access to certain information, such as restitution payments, and current probation status of the defendant.
Q. What is the difference between adult probation and adult parole?
County probation is a sentence ordered by a Superior Court Judge. It allows the convicted person to live in their community, sometimes under the supervision of a County Probation Officer, for a specified period of time. Violation of probation terms, or commission of a new law violation while on probation, can result in local jail time or a sentence to state prison.
State Parole is the conditional release of a prison inmate after serving part, or all, of a prison sentence. In California, the decision to grant parole is the responsibility of the state's Board of Parole. The Board of Parole also establishes the terms and conditions for each parolee. Parolees are released to live in their community under the supervision of a state parole officer. Violation of the terms and conditions of may result in revocation and return to prison.
DOMESTIC VIOLENCE
Q. How do I sign up for domestic violence counseling?
Anyone who has been convicted for a domestic violence offense must participate in an approved domestic violence program in order to be granted probation. At sentencing the Court will either direct a defendant to a specific domestic violence program, or the assigned PO will refer them at their first office visit.
If a resident of another county, the local probation department should be contacted for a listing of certified programs in that county.
Q. What if I do not have the money to pay for domestic violence counseling?
It is each defendant’s responsibility to attend and pay for classes. The program will work with defendants who request a modification in their payment plan. It is the defendant’s responsibility to provide the program with the financial information needed to determine if a change in the standard payment plan is appropriate.
Q. Can I attend more than one session of domestic violence counsiling per week and complete the program sooner?
No, the law states that each participant must attend for 52 weeks.
INVESTIGATION SERVICES
Q. Who is doing the investigation on my case?
The investigating Probation Officer will contact you either by mail or telephone. You may also call the Probation Department and someone will be glad to answer questions you may have.
Q. Why am I being referred to the Probation Department's Adult Division, Investigation Services?
According to California Penal Code Section 1203(b)(1), if a person is convicted of a felony and is eligible for probation, before judgment is pronounced, the court shall immediately refer the matter to a probation officers to investigate and report to the court, at a specific time, upon the circumstances surrounding the crime and the prior history and record of the person, which may be considered either in aggravation or mitigation of the punishment.
Q. Is probation required to follow plea bargain agreements negotiated by my attorney with the Court and the District Attorney's Office?
The Probation Department submits a recommendation to the Court for sentencing based on various factors, including the law, severity of the offense, prior criminal history, acknowledgement of wrongdoing, remorse, attitude and cooperation, social history, public safety, etc. Plea agreements are considered, but an investigating Probation Officer’s evaluation may lead them to a different recommendation to the Court.
Q. What do I need to bring to my pre-sentence interview?
Please bring the following items to your pre-sentence interview:
- Adult Information Sheet
- Proof of residence
- Proof of employment/Verification of income or financial support
- Proof of medical or mental illness
- Valid driver’s license or state identification card
- Proof of US citizenship or immigration status
- Two or three character reference letters (optional)