BILL NUMBER: AB 1824	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 21, 2012

   An act to amend Section 3455 of the Penal Code, relating to
postrelease community supervision.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1824, as introduced, Hagman. Postrelease community supervision.

   Existing law, the Postrelease Community Supervision Act of 2011,
requires certain inmates released from state prison to be subject to
3 years supervision by a county agency. The act provides that if the
supervising county agency has determined, following application of
its assessment processes, that authorized intermediate sanctions are
not appropriate, the supervising county agency is required to
petition the revocation hearing officer to revoke and terminate
postrelease supervision of the inmate.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 3455 of the Penal Code is amended to read:
   3455.  (a) If the supervising county agency has determined,
following application of its assessment processes, that intermediate
sanctions as authorized in subdivision (b) of Section 3454 are not
appropriate, the supervising county agency shall petition the
revocation hearing officer appointed pursuant to Section 71622.5 of
the Government Code to revoke and terminate postrelease supervision.
At any point during the process initiated pursuant to this section, a
person may waive, in writing, his or her right to counsel, admit the
violation of his or her postrelease supervision, waive a court
hearing, and accept the proposed modification of his or her
postrelease supervision. The petition shall include a written report
that contains additional information regarding the petition,
including the relevant terms and conditions of postrelease
supervision, the circumstances of the alleged underlying violation,
the history and background of the violator, 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 postrelease
supervision, the revocation hearing officer shall have authority to
do all of the following:
   (1) Return the person to postrelease supervision with
modifications of conditions, if appropriate, including a period of
incarceration in county jail.
   (2) Revoke postrelease supervision 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.
   (4) At any time during the period of postrelease supervision, if
 any   a  peace officer has probable cause
to believe a person subject to postrelease community supervision is
violating any term or condition of his or her release, the officer
may, without a warrant or other process, arrest the person and bring
him or her before the supervising county agency established by the
county board of supervisors pursuant to subdivision (a) of Section
3451. Additionally, an officer employed by the supervising county
agency may seek a warrant and a court or its designated hearing
officer appointed pursuant to Section 71622.5 of the Government Code
shall have the authority to issue a warrant for that person's arrest.

   (5) The court or its designated hearing officer shall have the
authority to issue a warrant for  any   a 
person who is the subject of a petition filed under this section who
has failed to appear for a hearing on the petition or for any reason
in the interests of justice, or to remand to custody a person who
does appear at a hearing on the petition for any reason in the
interests of justice.
   (b) The revocation hearing shall be held within a reasonable time
after the filing of the revocation petition. Based upon a showing of
a preponderance of the evidence that a person under supervision poses
an unreasonable risk to public safety, or  that  the person
may not appear if released from custody, or for any reason in the
interests of justice, the supervising county agency shall have the
authority to make a determination whether the person should remain in
custody pending a revocation hearing, and upon that determination,
may order the person confined pending a revocation hearing.
   (c) Confinement pursuant to paragraphs (1) and (2) of subdivision
(a) shall not exceed a period of 180 days in  the 
 a  county jail.
   (d) A person shall not remain under supervision or in custody
pursuant to this title on or after three years from the date of the
person's initial entry onto postrelease supervision, except when a
bench or arrest warrant has been issued by a court or its designated
hearing officer and the person has not appeared. During the time the
warrant is outstanding the supervision period shall be tolled and
when the person appears before the court or its designated hearing
officer the supervision period may be extended for a period
equivalent to the time tolled.