Q: When making a motion for early termination of probation, can mental health, clinical depression, or stress play a part?

A: Yes, mental health conditions and clinical diagnoses like depression can play an important part when making a motion for early termination of probation in California.

Specifically, under California Penal Code 1203.3, the court has discretion to early terminate probation "in the interests of justice." The law sets out factors like showing rehabilitation and compliance. Importantly, the court can also consider hardship or burden that continuing probation would impose.

In that context, providing medical documentation and sworn statements from doctors detailing diagnosed depression, bipolar disorder, stress or other mental illnesses that are directly exacerbated by ongoing probation requirements would be very relevant. Especially if it rises to a level of impairment or hardship.

The key is connecting the medical status to how probation itself is aggravating mental health issues. With evidence that continuing probation threatens to undermine, rather than support, your health and progress, the court can weigh that burden as part of the “interests of justice” analysis when considering an early termination motion.

So in summary, yes - submitting substantive proof from health professionals connecting probation to poorer mental health outcomes can help demonstrate it is in the interests of justice to terminate early. It demonstrates hardship and allows progress to continue by ending probation.