Attorneys, with inmate clients serving lengthy County Jail time as a condition of probation, may solicit information concerning the inmate's behavior and/or work performance. Positive information may be utilized in support of a motion to modify an inmate's sentence.
Attorneys soliciting this information from custody personnel shall be directed to contact the Probation Department or the concerned probation officer. The Probation Department maintains jurisdiction of these inmates, pursuant to Penal Code Section 1203, "Probation; conditional sentence," and section 1204, "Evidence in aggravation or mitigation of punishment." Any information concerning an inmate may be submitted or presented to the court via the Probation Department or via direct testimony. Custody personnel shall not transmit any inmate behavior and/or work performance information to attorneys or submit any affidavit, letter, or other reports or records to the court.