BILL NUMBER: AB 986 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 15, 2013
INTRODUCED BY Assembly Member Bradford
FEBRUARY 22, 2013
An act to amend Sections 3000.08, 3453 , and
3454 of the Penal Code, relating to flash incarceration.
LEGISLATIVE COUNSEL'S DIGEST
AB 986, as amended, Bradford. Postrelease community supervision:
flash incarceration: city jails.
Existing law requires that specified persons
released from prison on and after October 1, 2011,
be subject either to parole for a specified period of time or
to postrelease community supervision for a period not exceeding
3 years. Existing law specifies the conditions of postrelease
community supervision and permits each county agency responsible for
postrelease supervision to determine an order
appropriate response to alleged violations, including flash
incarceration in a county jail. Existing law provides for review
of an alleged parole violation and likewise allows the supervising
parole agency to impose additional conditions of supervision,
including flash incarceration in a county jail. Existing law
defines flash incarceration for these purposes as a period
of detention in a county jail ranging from one to 10 days due to a
violation of an offender's conditions of postrelease
supervision release .
This bill would additionally permit flash incarceration in a city
jail pursuant to the above provisions. The bill would make a
conforming change. The bill would also make technical, nonsubstantive
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3000.08 of the
Penal Code , as amended by Section 35 of Chapter 43
of the Statutes of 2012, is amended to read:
3000.08. (a) Persons released from state prison prior to or on or
after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction of
the court in the county where the parolee is released or resides for
the purpose of hearing petitions to revoke parole and impose a term
of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime where for which the
person eligible for release from prison is classified as a
High Risk Sex Offender high -risk sex
offender .
(5) Any crime where for which the
person is required, as a condition of parole, to undergo treatment by
the State Department of Mental Health
State Hospitals pursuant to Section 2962.
(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the court, or the
court may, in its discretion, issue a warrant for that person's
arrest pursuant to Section 1203.2.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a city or a county jail. Periods of
"flash incarceration," as defined in subdivision (e) , are
encouraged as one method of punishment for violations of a parolee's
conditions of parole. Nothing in this This
section is intended to does not
preclude referrals to a reentry court pursuant to Section 3015.
(e) "Flash incarceration" is a period of detention in a city
or county jail due to a violation of a parolee's conditions of
parole. The length of the detention period can range between one and
10 consecutive days. Shorter, but if necessary more frequent, periods
of detention for violations of a parolee's conditions of parole
shall appropriately punish a parolee while preventing the disruption
in a work or home establishment that typically arises from longer
periods of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2, petition
the court in the county in which the parolee is being supervised to
revoke parole. At any point during the process initiated pursuant to
this section, a parolee may waive, in writing, his or her right to
counsel, admit the parole violation, waive a court hearing, and
accept the proposed parole modification or revocation. The petition
shall include a written report that contains additional information
regarding the petition, including the relevant terms and conditions
of parole, the circumstances of the alleged underlying violation, the
history and background of the parolee, and any recommendations. The
Judicial Council shall adopt forms and rules of court to establish
uniform statewide procedures to implement this subdivision, including
the minimum contents of supervision agency reports. Upon a finding
that the person has violated the conditions of parole, the court
shall have authority to do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in the
county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
(h) Notwithstanding any other provision of law,
in any case where if Section 3000.1 or
paragraph (4) of subdivision (b) of Section 3000 applies to a person
who is on parole and the court determines that the person has
committed a violation of law or violated his or her conditions of
parole, the person on parole shall be remanded to the custody of the
Department of Corrections and Rehabilitation and the jurisdiction of
the Board of Parole Hearings for the purpose of future parole
consideration.
(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, shall
be are subject to the jurisdiction of the Board
of Parole Hearings. Parole revocation proceedings conducted by the
Board of Parole Hearings prior to July 1, 2013, if reopened on or
after July 1, 2013, shall be are
subject to the jurisdiction of the Board of Parole Hearings.
(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
( l ) This section shall become operative on July 1,
2013.
SECTION 1. SEC. 2. Section 3453 of
the Penal Code is amended to read:
3453. Postrelease community supervision shall include the
following conditions:
(a) The person shall be informed of the conditions of release.
(b) The person shall obey all laws.
(c) The person shall report to the supervising county agency
within two working days of release from custody.
(d) The person shall follow the directives and instructions of the
supervising county agency.
(e) The person shall report to the supervising county agency as
directed by that agency.
(f) The person, and his or her residence and possessions, shall be
subject to search at any time of the day or night, with or without a
warrant, by an agent of the supervising county agency or by a peace
officer.
(g) The person shall waive extradition if found outside the state.
(h) The person shall inform the supervising county agency of the
person's place of residence, employment, education, or training.
(i) (1) The person shall inform the supervising county agency of
any pending or anticipated changes in residence, employment,
education, or training.
(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment within
three business days of that entry.
(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.
(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person's place of
residence.
( l ) The person shall obtain a travel pass from the
supervising county agency before he or she may leave the county or
state for more than two days.
(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or ammunition.
(n) The person shall not possess, use, or have access to any
weapon listed in Section 16140, subdivision (c) of Section 16170,
Section 16220, 16260, 16320, 16330, or 16340, subdivision (b) of
Section 16460, Section 16470, subdivision (f) of Section 16520, or
Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090,
17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350,
17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735,
17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20610,
20611, 20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210,
22215, 22410, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215,
31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32430 32435,
32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600.
(o) (1) Except as provided in paragraph (2) and subdivision (p),
the person shall not possess a knife with a blade longer than two
inches.
(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person's residence.
(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person's employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.
(q) The person shall waive any right to a court hearing prior to
the imposition of a period of "flash incarceration" in a city or
county jail of not more than 10 consecutive days for any violation of
his or her postrelease supervision conditions.
(r) The person shall participate in rehabilitation programming as
recommended by the supervising county agency.
(s) The person shall be subject to arrest with or without a
warrant by a peace officer employed by the supervising county agency
or, at the direction of the supervising county agency, by any peace
officer when there is probable cause to believe the person has
violated the terms and conditions of his or her release.
SEC. 2. SEC. 3. Section 3454 of the
Penal Code is amended to read:
3454. (a) Each supervising county agency, as established by the
county board of supervisors pursuant to subdivision (a) of Section
3451, shall establish a review process for assessing and refining a
person's program of postrelease supervision. Any additional
postrelease supervision conditions shall be reasonably related to the
underlying offense for which the offender spent time in prison, or
to the offender's risk of recidivism, and the offender's criminal
history, and be otherwise consistent with law.
(b) Each county agency responsible for postrelease supervision, as
established by the county board of supervisors pursuant to
subdivision (a) of Section 3451, may determine additional appropriate
conditions of supervision listed in Section 3453 consistent with
public safety, including the use of continuous electronic monitoring
as defined in Section 1210.7, order the provision of appropriate
rehabilitation and treatment services, determine appropriate
incentives, and determine and order appropriate responses to alleged
violations, which can include, but shall not be limited to,
immediate, structured, and intermediate sanctions up to and including
referral to a reentry court pursuant to Section 3015, or flash
incarceration in a city or county jail. Periods of flash
incarceration are encouraged as one method of punishment for
violations of an offender's condition of postrelease supervision.
(c) As used in this title, "flash incarceration" is a period of
detention in a city or county jail due to a violation of an offender'
s conditions of postrelease supervision. The length of the detention
period can range between one and 10 consecutive days. Flash
incarceration is a tool that may be used by each county agency
responsible for postrelease supervision. Shorter, but if necessary
more frequent, periods of detention for violations of an offender's
postrelease supervision conditions shall appropriately punish an
offender while preventing the disruption in a work or home
establishment that typically arises from longer term revocations.