California’s Assembly Bill 1950 cut the maximum length of probation for most crimes, effective January 1, 2021. Misdemeanor probation now caps at one year instead of the former three, and felony probation caps at two years instead of the typical three to five. The law applies retroactively to people whose cases were not yet final when it took effect, and several categories of offenses are exempt from the new limits.
The One-Year Cap on Misdemeanor Probation
AB 1950 amended Penal Code section 1203a to limit misdemeanor probation to no more than one year. Before the change, courts could impose misdemeanor probation for up to three years, and longer when the maximum possible sentence for the offense exceeded three years.1California Legislative Information. California Penal Code 1203a (2014) Someone convicted of a minor offense could spend years reporting to a probation officer, paying fees, and risking jail time for technical slip-ups like a missed appointment.
The one-year limit applies broadly. It does not matter how much jail time the underlying misdemeanor carries. The only exception written into the statute covers offenses where a specific law already sets its own probation length.2California Legislative Information. California Penal Code 1203a
The Two-Year Cap on Felony Probation
For felonies, AB 1950 amended Penal Code section 1203.1 to set a maximum probation term of two years.3California Legislative Information. California Penal Code 1203.1 Before the change, felony probation routinely ran three to five years, with five-year terms standard for many non-violent felony convictions.
Courts still have their usual authority to set conditions during the probation period, including community service, drug testing, counseling, stay-away orders, and restitution. They just cannot stretch the supervision window past two years unless the offense falls into one of the exempt categories.3California Legislative Information. California Penal Code 1203.1
Which Convictions Are Exempt
AB 1950’s caps do not reach every case. Three categories of offenses keep the older, longer probation terms.
Violent Felonies
Any felony classified as a “violent felony” under Penal Code section 667.5(c) is exempt from the two-year cap.3California Legislative Information. California Penal Code 1203.1 That list includes murder, voluntary manslaughter, robbery, kidnapping, carjacking, arson of an inhabited structure, first-degree burglary with someone home, and various sex offenses.4California Legislative Information. California Penal Code 667.5 For these offenses, the court can impose probation lasting up to the maximum possible prison sentence.
Offenses With Their Own Probation Length
Both the misdemeanor and felony caps step aside when a specific statute sets its own probation term. In practice, this mostly affects DUI and domestic violence cases. A DUI conviction under Vehicle Code section 23600 carries a mandatory three-to-five-year probation period that explicitly overrides the general misdemeanor limit.5California Legislative Information. California Vehicle Code 23600 Domestic violence convictions under Penal Code section 1203.097 require a minimum of 36 months of probation.6California Legislative Information. California Penal Code 1203.097
High-Value Theft, Embezzlement, and Fraud
Felony convictions for grand theft, embezzlement, or fraud where the total value exceeds $25,000 are exempt from the two-year cap. For these financial crimes, the court can impose probation for up to three years.3California Legislative Information. California Penal Code 1203.1 If the value is $25,000 or less, the standard two-year felony cap applies.
Does AB 1950 Apply Retroactively
Yes, within limits. California courts treat a law that reduces punishment as presumptively retroactive under the California Supreme Court’s In re Estrada doctrine, which holds that when the Legislature lowers a penalty, the new version applies to anyone whose case was not yet final on appeal when the law took effect. California appellate courts have applied this reasoning to AB 1950, granting relief to people still serving probation terms that exceeded the new caps on January 1, 2021.7CaseMine. People v. Sims
The retroactivity analysis reaches people whose probation was revoked before the law took effect, as long as the underlying conviction was not yet final. If your case was already final by January 1, 2021, the Estrada doctrine does not help, and you would need to look at early termination instead.
When a Longer Term Came From a Plea Bargain
A significant wrinkle arises when the longer probation term was part of a negotiated plea deal. Courts generally cannot rewrite the terms of a plea bargain without giving the other side an opportunity to respond.
When AB 1950 shortens a plea-bargained probation term, the typical procedure is a limited remand to the trial court. The prosecution then has the option to accept the shorter probation term or withdraw from the plea agreement entirely. If the prosecution withdraws, the original charges could be refiled, and proceedings start over. Prosecutors often accept the shorter term rather than re-litigate a resolved case, but the possibility of the plea unraveling is worth discussing with your attorney before seeking a modification.
If Your Probation Term Still Exceeds the New Limits
AB 1950 did not automatically shorten every existing probation term. In most cases, someone whose term exceeded the new caps needed to raise the issue through a motion in the trial court or through a pending appeal. If your case was on appeal when the law took effect, your appellate attorney could raise AB 1950 as an additional ground for relief.
The practical first step is contacting a criminal defense attorney or your county’s public defender office. Courts have been receptive to these motions for eligible offenses, but someone still has to file the paperwork and argue it before a judge. Waiting out an illegally long probation term without raising the issue risks additional violations during a period when you should no longer be under supervision at all.
Early Termination as a Separate Route
Even under AB 1950’s shorter caps, you can ask the court to end probation before it runs its full course. Penal Code section 1203.3 gives courts the authority to terminate probation at any time when “the ends of justice will be subserved” and your good conduct warrants it.8California Legislative Information. California Penal Code 1203.3 There is no fixed waiting period in the statute, but most judges want to see a meaningful track record of compliance before granting the request.
The process requires a hearing in open court. The prosecutor must receive at least two days’ written notice and gets a chance to argue against early termination.8California Legislative Information. California Penal Code 1203.3 If there is an outstanding restitution order, expect the prosecutor to raise it, and the court will likely want restitution paid or on a solid payment plan before granting relief. Early termination is often the only avenue left for people whose convictions became final before AB 1950 took effect.