BILL NUMBER: SB 266	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 7, 2015

INTRODUCED BY   Senator Block
    (   Coauthor:   Senator   Anderson
  ) 

                        FEBRUARY 19, 2015

   An act to add and repeal Section 1203.35 of the Penal Code,
relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 266, as amended, Block. Probation and mandatory supervision:
flash incarceration.
   Existing law authorizes probation and mandatory supervision, which
in each case is a period of time when a defendant is released from
incarceration and is subject to specified conditions and supervision
by county probation authorities.
   This bill would, until January 1, 2021,  allow a court to
 authorize the use of flash incarceration, as defined, to detain
the offender in county jail for not more than 10 days for a
violation of his or her conditions of probation or mandatory
supervision, as specified. These provisions would not apply to
persons convicted of certain drug possession offenses.
   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 1203.35 is added to the Penal Code, to read:
   1203.35.  (a) In any case where the court grants probation or
imposes a sentence that includes mandatory supervision, the court
 shall   may  authorize the county
probation officer to use flash incarceration for any violation of the
conditions of probation or mandatory supervision, if, at the time of
granting probation or ordering mandatory supervision, the court
obtains from the defendant a waiver to a court hearing prior to the
imposition of a period of flash incarceration. The waiver shall
authorize the probation officer, if the person on probation or
mandatory supervision does not agree to accept a recommended period
of flash incarceration upon a finding of a violation, to address the
alleged violation by filing a declaration or revocation request with
the court.
   (b) For purposes of this section, "flash incarceration" is a
period of detention in a county jail due to a violation of an
offender's conditions of probation or mandatory supervision. The
length of the detention period may range between one and 10
consecutive days. Shorter, but if necessary more frequent, periods of
detention for violations of an offender's conditions of probation or
mandatory supervision shall appropriately punish an offender while
preventing the disruption in a work or home establishment that
typically arises from longer periods of detention.
   (c) This section shall not apply to any defendant sentenced
pursuant to Section 1210.1.
   (d) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.