April 24, 2026
Court of Appeal, First Appellate District, Division Three
The Rule of People v. Emrick is that probation conditions cannot delegate excessive judicial authority to probation departments to determine the nature of sanctions and cannot deny custody credits for time in residential treatment without a knowing and voluntary waiver, under circumstances where conditions give probation officers open-ended discretion to jail probationers based on unilateral determinations of treatment non-completion.