Rule 4.413. Probation eligibility when probation is limited
(a) Consideration of eligibility
The court must determine whether the defendant is eligible for probation.
(Subd (a) amended effective January 1, 2007.)
(b) Probation in unusual cases
If the defendant comes under a statutory provision prohibiting probation "except in unusual cases where the interests of justice would best be served," or a substantially equivalent provision, the court should apply the criteria in (c) to evaluate whether the statutory limitation on probation is overcome; and if it is, the court should then apply the criteria in rule 4.414 to decide whether to grant probation.
(Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2003.)
(c) Facts showing unusual case
The following facts may indicate the existence of an unusual case in which probation may be granted if otherwise appropriate:
(1)Facts relating to basis for limitation on probation
A fact or circumstance indicating that the basis for the statutory limitation on probation, although technically present, is not fully applicable to the case, including:
(A)The fact or circumstance giving rise to the limitation on probation is, in this case, substantially less serious than the circumstances typically present in other cases involving the same probation limitation, and the defendant has no recent record of committing similar crimes or crimes of violence; and
(B)The current offense is less serious than a prior felony conviction that is the cause of the limitation on probation, and the defendant has been free from incarceration and serious violation of the law for a substantial time before the current offense.
(2)Facts limiting defendant's culpability
A fact or circumstance not amounting to a defense, but reducing the defendant's culpability for the offense, including:
(A)The defendant participated in the crime under circumstances of great provocation, coercion, or duress not amounting to a defense, and the defendant has no recent record of committing crimes of violence;
(B)The crime was committed because of a mental condition not amounting to a defense, and there is a high likelihood that the defendant would respond favorably to mental health care and treatment that would be required as a condition of probation; and
(C)The defendant is youthful or aged, and has no significant record of prior criminal offenses.
(Subd (c) amended effective January 1, 2007.)
Rule 4.413 amended effective January 1, 2007; adopted as rule 413 effective January 1, 1991; previously renumbered effective January 1, 2001; previously amended effective July 1, 2003.