BILL NUMBER: AB 723	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk
   (Coauthor: Assembly Member Skinner)

                        FEBRUARY 21, 2013

   An act to add Section 3455.01 to the Penal Code, relating to
postrelease community supervision.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 3455.01 is added to the Penal Code, to read:
   3455.01.  (a) A person subject to postrelease community
supervision who has had a revocation petition filed against him or
her by the county agency responsible for postrelease community
supervision pursuant to subdivision (a) of Section 3455 may file an
application for bail with the superior court.
   (b) Admittance to bail pending revocation of postrelease community
supervision is a matter within the sole discretion of the court.
   (c) A bail application made pursuant to this section shall be
governed by the procedures set forth in Chapter 1 (commencing with
Section 1268) of Title 10 of Part 2.
   (d) This section does not prohibit a court from making any order
authorized by Chapter 1 (commencing with Section 1268) of Title 10 of
Part 2.