P.

FACTS AND PROCEDURAL HISTORY

On November 6, 2009, the Ventura County prosecutor charged Smith with possession or control of child pornography. (§ 311.11, subd. (a).) On November 20, 2009, pursuant to a plea agreement, Smith waived his right to a preliminary examination and pleaded guilty to the charge. The trial court then granted Smith five years of formal probation with terms and conditions including 365 days of confinement in county jail, not using or possessing nonprescribed marijuana, and not associating with children under the age of 18 unless in the presence of an adult approved by the probation officer.

1 All further statutory references are to the Penal Code. The court imposed various fines and awarded Smith 72 days of presentence custody credit. First Probation Violation - June 2011 On June 2, 2011, Smith's probation officer charged that Smith violated the terms and conditions of his probation by smoking marijuana. The probation officer reported that the therapist providing Smith's sex-offender treatment opined that Smith's marijuana use was "a definite risk factor" for his reoffending. The probation officer concluded that Smith presented "a tremendous…