(a)At the time of the plea or verdict of guilty of any person over 18 years of age, a probation officer of the county of the jurisdiction of the criminal shall, when so directed by the court, inquire into the antecedents, character, history, family environment, and offense of such person, and must report the same to the court and file his or her report in writing in the records of such court. When directed, his or her report shall contain a recommendation for or against the release for the person on probation. If any such person shall be released on probation and committed to the supervision of a probation officer, such officer shall keep a complete and accurate record in suitable books of the history of the case and supervision, including the
names of probation officers assigned to the case, and their actions in connection with the case; also the age, sex, nativity, residence, education, habit of temperance, whether married or single, and the conduct, employment and occupation, and parents’ occupation, if relevant, and condition of such person during the term of the probation and the result of the probation. The record of the probation officer is a part of the records of the court, and shall at all times be open to the inspection of the court or of any person appointed by, or allowed access by order of, the court for that purpose, as well as of all magistrates, and the chief of police, or other heads of the police, and other probation agencies, unless otherwise ordered by the court.
(b)Five years after termination of probation in any case subject to this section, the probation officer may destroy any records and papers in his or her possession relating to such
case.
Notes of Decisions
Cited in
9
cases, 1965–2014 · leading case:
People v. Mills, 92 Cal. Daily Op. Serv. 4506 (Cal. Ct. App. 1992).
People v. Mills, 92 Cal. Daily Op. Serv. 4506 (Cal. Ct. App. 1992).
· cites it 4× “(Pen. Code, § 1203.10.) The department determines the level and type of supervision for persons under its control, taking into account the court orders and the objectives stated in Penal Code section 1202.”
People v. Leffel, 196 Cal. App. 3d 1310 (Cal. Ct. App. 1987).
“” Penal Code section 1203.10 provides in pertinent part: “At the time of the plea or verdict of guilty of any person over 18 years of age, the probation officer of the county of the jurisdiction of said criminal shall, when so directed by the court, inquire into the antecedents,…”
Cnty. of Placer v. Superior Court, 2005 Cal. Daily Op. Serv. 5752 (Cal. Ct. App. 2005).
· cites it 5× “As we will explain, regardless of whether the Penal Code discovery procedures otherwise apply in probation revocation proceedings, Penal Code section 1203.10 gives the trial court the authority to allow a probationer to inspect nonconfidential portions of his probation file.”
McGuire v. Superior Court, 93 Cal. Daily Op. Serv. 1011 (Cal. Ct. App. 1993).
“) That section provides that the probation file “shall at all times be open to the inspection of the court or of any person appointed by the court for that purpose, as well as of all magistrates, and the chief of police, or other heads of the police, unless otherwise ordered by…”
People v. Landers, 59 Cal. App. 3d 846 (Cal. Ct. App. 1976).
“” The report of the probation officer constitutes a part of the record of the superior court (Pen. Code, § 1203.10)". The probation report contains a description of the robbery which was prepared from the reports of the police department.”
People v. Siegel, 235 Cal. App. 2d 522 (Cal. Ct. App. 1965).
“Since the original probation records in this case have been destroyed — Penal Code, section 1203.10, permits destruction of probation papers five years after the termination of probation — the only evidence of this alleged assurance consists of Siegel’s own statement to that…”
People v. Bradley CA3 (Cal. Ct. App. 2013).
“” (Pen. Code, § 1203.10.) “No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.”
People v. Bradley CA3 (Cal. Ct. App. 2014).
“” (Pen. Code, § 1203.10.) “No court shall pronounce judgment upon any defendant, as to whom the court has requested a probation report pursuant to Section 1203.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.