California v. Gonzalez
Annotate this CaseOswaldo Gonzalez appealed a postjudgment order granting a petition under Penal Code sections 1203.2 (b), and 3455(a), to revoke his postrelease community supervision (PRCS). The trial court found that Gonzalez, who was homeless, violated the terms and conditions of PRCS by failing to report his change of residence after he was released from a facility in which he had been held. The court ordered Gonzalez to serve 180 days in jail, with credit for time served, and reinstated PRCS. After review of this matter, the Court of Appeal concluded the trial court erred by finding Gonzalez violated the condition of PRCS that he report a change of residence. "The lack of a definition of residence is a glaring omission in the PRCS Act that leaves open issues about the reporting obligations of those persons subject to PRCS who, like Gonzalez, are homeless. The Sex Offender Registration Act, in contrast, not only defines 'residence' but defines 'transient' and sets forth a means by which transients can comply with registration requirements. We respectfully urge the Legislature to amend the PRCS Act to define 'residence' and to address the issue of the obligations of homeless persons subject to PRCS to report residence and changes in residence."
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