People v. Smith

Kenneth E. Smith was convicted by plea of one count of committing a lewd act on a minor (his 13-year-old stepdaughter), a register-able sex offense. (Pen. Code, §§ 288, subd. (a), 290.) A three-year state prison sentence was imposed and suspended, and probation was granted with the usual conditions, including that he obtain employment approved by his probation officer and obey all of the probation department’s regulations. When Smith learned from his probation officer that the Los Angeles County Probation Department has a regulation prohibiting “any [section] 290 offender” from leaving the county for any purpose, Smith asked the trial court for an order permitting him to leave the county on a day-to-day basis when required by his employer, explaining that he would return to his Lancaster home every evening. The prosecutor and the probation officer objected, claiming it would be more difficult to “monitor” Smith outside the county and insisting the regulation was reasonably related to Smith’s offense. The trial court agreed, finding a valid basis “for not allowing a probationer to freely travel out of the county [and instead] having a tight rein on someone who has been…