AB 723, as introduced, Quirk. Postrelease community supervision: revocation: release on bail.
Existing law requires that persons released from prison after serving a prison term for a felony, with exceptions, be released into postrelease community supervision for a period not exceeding 3 years. Existing law provides for immediate, structured, and intermediate sanctions to punish violations of an offender’s conditions of postrelease supervision. Existing law allows the revocation of postrelease supervision by a revocation hearing officer appointed by the court upon a finding that the person has violated the conditions of postrelease supervision.
This bill would allow a person on postrelease supervision who has a revocation petition filed against him or her to file an application for bail with the superior court. The bill would provide that bail pending revocation of postrelease community supervision is a matter within the sole discretion of the court. The bill would require a bail application made pursuant to these provisions to be governed by the procedures set forth in existing law for the taking of bail and would state that its provisions do not prohibit a court from making any order authorized by those provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3455.01 is added to the Penal Code, to
2read:
(a) A person subject to postrelease community
4supervision who has had a revocation petition filed against him or
5her by the county agency responsible for postrelease community
6supervision pursuant to subdivision (a) of Section 3455 may file
7an application for bail with the superior court.
8(b) Admittance to bail pending revocation of postrelease
9community supervision is a matter within the sole discretion of
10the court.
11(c) A bail application made pursuant to this section shall be
12governed by the procedures set forth in Chapter 1 (commencing
13with Section 1268) of Title 10 of Part 2.
14(d) This section does not prohibit a
court from making any order
15authorized by Chapter 1 (commencing with Section 1268) of Title
1610 of Part 2.
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