AB 723,
as amended, Quirk. Postrelease community supervision: revocation: release onbegin delete bail.end deletebegin insert bail or own recognizance.end insert
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 bailbegin insert or release on his or
her end insertbegin insertown recognizanceend insert with the superior court. The bill would provide that bailbegin insert or own recognizance releaseend insert pending revocation of postrelease community supervision is a matter within the sole discretion of the court. The bill would requirebegin delete a bailend deletebegin insert anend insert applicationbegin insert for bail or own recognizance releaseend insert made pursuant to these provisions to be governed by the procedures set forth in existing law for the taking of bailbegin insert
and granting of own recognizance releaseend insert 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 bailbegin insert or release on his or herend insertbegin insert own recognizanceend insert
8 with the superior court.
9(b) Admittance to bailbegin insert or own recognizance releaseend insert pending
10
revocation of postrelease community supervision is a matter within
11the sole discretion of the court.
12(c) begin deleteA bail end deletebegin insertAn end insertapplicationbegin insert for bail or own recognizance releaseend insert
13 made pursuant to this section shall be governed by the procedures
14set forth in Chapter 1 (commencing with Section 1268) of Title
1510 of Part 2.
16(d) This section does not prohibit a court from making any order
17authorized by Chapter 1 (commencing with Section 1268) of Title
1810 of Part 2.
O
98