Early termination of probation: 2-day written notice to prosecutor
2 days before hearing date on early termination, under Cal. Pen. Code 1203.3(b)(2)(B).
Rule text
(B) Before an order terminating probation early may be made, a hearing shall be held in open court before the judge. The prosecuting attorney shall be given a two-day written notice and an opportunity to be heard on the matter.
Calculate this deadline
- Trigger (Hearing date on early termination): Friday, November 6, 2026.
- Count back 2 calendar days: Wednesday, November 4, 2026.
Cal. Pen. Code 1203.3(b)(2)(B)
(B) Before an order terminating probation early may be made, a hearing shall be held in open court before the judge. The prosecuting attorney shall be given a two-day written notice and an opportunity to be heard on the matter.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."Official source
- The prosecuting attorney must then notify the victim (same clause).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Hearing date on early termination on Monday, March 15, 2027, personal service: due Friday, March 12, 2027.
- Trigger (Hearing date on early termination): Monday, March 15, 2027.
- Count back 2 calendar days: Saturday, March 13, 2027.
- That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, March 12, 2027 (see Cal. Code Civ. Proc. 12c).
Notes
The prosecuting attorney must then notify the victim (same clause).
Related deadlines
- Probation revoked after judgment: set aside judgment and revocation for good cause (30 days after court has notice sentence execution commenced) (30 days after)
- Modification of probation or mandatory supervision: 2-day written notice to prosecutor (2 days before)
- Modifying or terminating a domestic violence protective order in a probation case: 5-day written notice to prosecutor (5 days before)
- Probationer committed to prison on another offense (Pen. Code 1203.2a): probation officer reports commitment to court (30 days after)
- Pen. Code 1203.2a (sentence previously imposed): court loses jurisdiction 60 days after notice of confinement (60 days after)
- Pen. Code 1203.2a (sentence not yet imposed): court loses jurisdiction 30 days after defendant requests sentencing (30 days after)
- Intercounty probation/mandatory supervision transfer: probation officer decides on party request (30 days; silence is refusal) (30 days after)
- Intercounty probation/mandatory supervision transfer: notice of motion at least 60 days before hearing (60 days before)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.