Error and/or relief
The probation condition ordering treatment but permitting the probation officer to decide whether such treatment should be residential was an improper delegation of the court’s authority.
First Holding:
Under the state constitution, judicial powers may not be delegated to nonjudicial officers. Allowing the probation officer discretion to decide whether the probationer had to attend a residential program, as opposed to outpatient treatment, improperly delegated judicial authority in violation of the separation of powers doctrine.
Authority:
People v. Smith (2022) 79 Cal.App.5th 897, 902-903
Second Holding:
The defendant did not object to this probation condition with the trial court, but his appellate claim is not forfeited because he claims a facial constitutional violation.
Authority:
In re Sheena K. (2007) 40 Cal.4th 875, 888–889 [appellate claim that a probation condition was unconstitutionally vague and overbroad was not forfeited by failure to object below where the facial challenge was a pure question of law]