35+ Years Criminal Defense Experience in California


Supervised Release Split Sentence – PC 1170(h) Los Angeles Felony Attorneys

Types of Supervised Release upon completion of Prison or Jail Sentence

There are two types of supervision that may be required following a felony conviction if you are punished with a sentence that must be served in a county jail or in state prison:

  • Parole: Shall follow any sentence served in a California state prison and is administered by the California Department of Corrections and Rehabilitation (“CDCR”), or
  • Post-Release Community Supervision (“PCRS”): May follow a felony sentence served in county jail. PCRS is administered by each individual California County typically by the County Department of Probation.
In California, the judge may grant your release from prison or jail under parole of Post-Release Community Supervision.
After completion of your jail or prison sentence, you may be released under parole or Post-Release Community Supervision (“PCRS”).

Another form of supervision known as county parole still exists under sections 3074, et seq. County parole boards are charged with creating rules and procedures for the release on parole of “any prisoner who is confined in or committed to any county jail, work furlough facility, industrial farm, or industrial road camp, or in any city jail, work furlough facility, industrial farm or industrial road camp under a judgment of imprisonment or as a condition of probation for any criminal offense . . . .” (CPC 3076(b)).

Split Sentencing and Mandatory Supervision (PC 1170(h)(5))

Realignment also provides a limited alternative to parole by way of supervision by the probation department for a portion of a county jail term imposed by the court. Under Penal Code section 1170(h)(5), the court, when imposing certain felony sentences to be served in the county jail, may commit the defendant to:

  • Whole Sentence for a full term in custody as prescribed by the applicable sentencing law.


  • Split Sentence for a term as prescribed by the applicable sentencing law, but suspend execution (known as “splitting” or “blending”) of a concluding portion of the term selected in the court’s discretion, during which time the defendant shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation.

This means that you may be able to serve a portion of your total county jail sentence on probation instead of serving the entire sentence in custody.

This period of supervision shall be mandatory and may not be sooner terminated except by court order. Just like formal probation, mandatory supervision can be revoked if you violate the terms of supervision and you can be arrested and returned to county jail to serve the remaining portion of your full sentence. This portion of a defendant’s sentenced term during which time he or she is supervised by the county probation is known as mandatory supervision.

Split or Blended Sentences

Sentences imposed under PC 1170(h)(5) have been characterized as “split” or “blended” sentences because they have both custody and non-custody elements. The length and circumstances of the suspended term are within the court’s discretion. There are many sentencing strategies available to the court, depending on the defendant’s circumstances, hopefully enlightened by a current risk/needs assessment done by the probation department. The following represent just a few of the options available to the court:

  • The court could impose a sentence from the low, middle, or high term, and suspend a portion of the term and set conditions of supervision.
  • The court could choose to impose a sentence under the provisions of PC 1170(h)(5), but reserve jurisdiction to set the actual time and conditions of release at a later time. Such a strategy might be appropriate where the court wants to give the defendant encouragement to complete various custody programs and do well in custody, then set relevant terms when the court determines release is appropriate.
  • The court could structure the sentence to place the defendant on mandatory supervision for the entire term.

Felony sentencing and supervision in California has changed substantially as a result of Realignment. The new law is very complex, and difficult to understand. But it is designed to reduce the number of defendants who actually get sent to prison for a felony conviction.

Your experienced felony attorney will file a legal document that explains to the court why a probationary or a mitigated sentence is appropriate given the circumstances of your case. This document, sometimes called a Statement of Mitigation, may include information provided by the probation officer’s report (PC 1203). Under California Penal Code section 1203, if you are eligible for probation, a probation officer is required to investigate the circumstances of the crime and provide a report to the court and both the defense and prosecution at least nine days prior to the sentencing hearing. The probation officer’s report will include information about any aggravating or mitigating factors the court may consider when determining what sentence is appropriate in your case. This information can assist your defense attorney when preparing a Statement of Mitigation for the court to consider at the sentencing hearing.

Why should you hire a criminal defense lawyer if you are facing a felony charge?

With over 30 years of experience defending clients facing felony charges in California, our lawyers explain everything you need to know about supervised release and split sentences pertaining to felony convictions in California.
Speak to our experienced criminal defense attorneys today 1(877) 4-NO-JAIL (466-5245). We will get through this together.

If you or someone you care about is facing a felony charge, Wallin & Klarich can help. Our attorneys at Wallin & Klarich have over 30 years of experience defending clients facing felony charges and sentencing. We are willing to assist you to gain the best possible result in your case, and we will use our knowledge and experience to help you gain an alternative sentence that does not include prison time. We have offices in Orange County, Los Angeles, Torrance, Sherman OaksSan Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina.

Call (877) 4-NO-JAIL (466-5245) today.

We will get through this together.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials


    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
Get In Touch
Contact Info
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar


Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2021 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.