BILL NUMBER: AB 723	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2013

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 amended, Quirk. Postrelease community supervision:
revocation: release on  bail.   bail or own
recognizance. 
   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  or release on his or   her   own
recognizance  with the superior court. The bill would provide
that bail  or own recognizance release  pending revocation
of postrelease community supervision is a matter within the sole
discretion of the court. The bill would require a bail
  an  application  for bail or own recognizance
release  made pursuant to these provisions to be governed by
the procedures set forth in existing law for the taking of bail 
and granting of own recognizance release  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  or release on his or her   own
recognizance  with the superior court.
   (b) Admittance to bail  or own recognizance release 
pending revocation of postrelease community supervision is a matter
within the sole discretion of the court.
   (c)  A bail   An  application  for
bail or own recognizance release  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.