California Penal Code 7519 – (a) When an individual, including a minor charged with an …
(a) When an individual, including a minor charged with an offense for which he or she may be made a ward of the court under § 602 of the Welfare and Institutions Code, has either been charged with a crime, but is not being held in a correctional institution due to his or her release, either through the granting of bail, a release on the individual’s own recognizance, or for any other reason, or been convicted of a crime, but not held in a correctional institution due to the imposition of probation, a fine, or any other alternative sentence, and the individual is required to undergo initial or followup testing pursuant to this title, the failure of the individual to submit to the test may be grounds for revocation of the individual’s release or probation or other sentence, whichever is applicable.
(b) Any refusal by a person on parole, probation, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision to submit to testing required pursuant to this title may be ruled as a violation of the person’s parole, probation, mandatory supervision, or postrelease community supervision.
Terms Used In California Penal Code 7519
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Correctional institution: means any state prison, county jail, city jail, Division of Juvenile Justice facility, county- or city-operated juvenile facility, including juvenile halls, camps, or schools, or any other state or local correctional institution, including a court facility. See California Penal Code 7502
- mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Penal Code 19.9
- Minor: means a person under 15 years of age. See California Penal Code 7502
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(Amended by Stats. 2012, Ch. 43, Sec. 58. (SB 1023) Effective June 27, 2012.)