BILL ANALYSIS Ó
AB 723
Page 1
ASSEMBLY THIRD READING
AB 723 (Quirk)
As Introduced February 21, 2013
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Skinner, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Allows a person on postrelease community supervision
(PRCS) who has a revocation petition filed against him or her to
file an application for bail with the superior court.
Specifically, this bill :
1)Provides that it is within the sole discretion of the court to
admit a person to bail pending revocation of PRCS.
2)States that a bail application made pursuant to this bill
shall be governed by the procedures set forth in existing
provisions of law governing bail.
3)Specifies that this bill does not prohibit a court from making
any order authorized by existing provisions of law governing
bail.
EXISTING LAW :
1)Requires the following persons released from prison on or
after October 1, 2011, be subject to parole under the
supervision of the California Department of Corrections and
Rehabilitation (CDCR):
a) A person who committed a serious felony listed in Penal
Code Section 1192.7(c);
b) A person who committed a violent felony listed in Penal
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Code Section 667.5(c);
c) A person serving a Three-Strikes sentence;
d) A high-risk sex offender;
e) A mentally disordered offender;
f) A person required to register as a sex offender and
subject to a parole term exceeding three years at the time
of the commission of the offense for which he or she is
being released; and,
g) A person subject to lifetime parole at the time of the
commission of the offense for which he or she is being
released.
2)Requires all other offenders released from prison on or after
October 1, 2011, to be placed on PRCS under the supervision of
a county agency, such as a probation department.
3)Provides for intermediate sanctions for violating the terms of
PRCS, including "flash incarceration" for up to 10 days.
4)States that upon a finding that a person has violated the
conditions of PRCS, the revocation hearing officer shall have
authority to do the following:
a) Return the person to PRCS with modifications of
conditions, if appropriate, including a period of
incarceration in county jail;
b) Revoke and terminate PRCS and order the person to
confinement in the county jail; or,
c) Refer the person to a reentry court or other
evidence-based program in the court's discretion.
5)Specifies that if PRCS is revoked, the offender may be
incarcerated in the county jail for a period not to exceed 180
days for each custodial sanction.
6)Provides that a defendant who is charged with a noncapital
offense may be admitted to bail before conviction as a matter
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of right.
7)States that a defendant who had made an application for
probation or has appealed after a conviction for an offense
not punishable with death may be admitted to bail, as
specified.
8)Prohibits excessive bail.
9)Lists several factors that the court must consider in setting,
reducing, or denying bail: the protection of the public, the
seriousness of the charged offense, the defendant's prior
criminal record, and the probability of his or her appearing
at trial or hearing of the case. Public safety is the primary
consideration.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Assuming this bill is necessary to allow PRCS bail
applications, annual General Fund (GF) state trial court costs
could be in the range of $700,000. This assumes 5,500
petitions to revoke PRCS, with 50% of these applying for bail
pursuant to this bill, requiring an average of 30 minutes of
court time. According to Judicial Council estimates, which
assume longer hearings, these costs could be higher.
It is not clear, however, that courts could not grant PRCS bail
applications under current law, which would mitigate the costs
of this bill. Moreover, it is possible - even likely - that
courts would not entertain many PRCS bail applications given
that revocation is a last resort and the time spent in custody
pending revocation is not likely to be much more than a week.
2)To the extent this bill is successful in reducing jail
overcrowding, statewide local detention savings could be in
the range of $1.5 million, assuming 2,725 offenders avoid an
average of one week in county jail.
COMMENTS : According to the author, "Under realignment, many
more sentences will be served in county jail rather than in a
state prison. This change, though well intentioned to reduce the
prison overcrowding crisis, creates pressure on the county for
bed space.
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"Additionally, counties will be responsible for processing
individuals who have been arrested after violating the terms of
post-release community supervision. This too will increase the
number of individuals in county jails as they await court
proceeding to determine if they are going back to jail.
"Bail has been the traditional and proven method of providing a
cost effective means of relieving pressure on the county jail
system. It also provides those incarcerated awaiting a court
proceeding a way to get released back to their family, jobs, or
school. Unfortunately, it is not clear if realignment allows
for bail for those individuals who violate the conditions of
post-release community supervision.
"AB 723 creates a process for those who are incarcerated
awaiting a post-release community supervision revocation hearing
to seek bail. This bill provides the opportunity under the
appropriate circumstances, with all due consideration for public
safety, for individuals to get back to their families, jobs, and
not take up valuable bed space in our county jails."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0000775