California Legislature—2013–14 Regular Session

Assembly BillNo. 986


Introduced by Assembly Member Bradford

February 22, 2013


An act to amend Sections 3453 and 3454 of the Penal Code, relating to flash incarceration.

LEGISLATIVE COUNSEL’S DIGEST

AB 986, as introduced, Bradford. Postrelease community supervision: flash incarceration: city jails.

Existing law requires that specified persons released from prison on and after October 1, 2011, be subject to postrelease community supervision for a period not exceeding 3 years. Existing law specifies the conditions of postrelease community supervision and permits each county agency responsible for postrelease supervision to determine an order appropriate response to alleged violations, including flash incarceration in a county jail. Existing law defines flash incarceration as a period of detention in a county jail ranging from one to 10 days due to a violation of an offender’s conditions of postrelease supervision.

This bill would additionally permit flash incarceration in a city jail pursuant to the above provisions. The bill would make a conforming change. The bill would also make technical, nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 3453 of the Penal Code is amended to
2read:

P2    1

3453.  

Postrelease community supervision shall include the
2following conditions:

3(a) The person shall be informed of the conditions of release.

4(b) The person shall obey all laws.

5(c) The person shall report to the supervising county agency
6within two working days of release from custody.

7(d) The person shall follow the directives and instructions of
8the supervising county agency.

9(e) The person shall report to the supervising county agency as
10directed by that agency.

11(f) The person, and his or her residence and possessions, shall
12be subject to search at any time of the day or night, with or without
13a warrant, by an agent of the supervising county agency or by a
14peace officer.

15(g) The person shall waive extradition if found outside the state.

16(h) The person shall inform the supervising county agency of
17the person’s place of residence, employment, education, or training.

18(i) (1) The person shall inform the supervising county agency
19of any pending or anticipated changes in residence, employment,
20education, or training.

21(2) If the person enters into new employment, he or she shall
22inform the supervising county agency of the new employment
23within three business days of that entry.

24(j) The person shall immediately inform the supervising county
25agency if he or she is arrested or receives a citation.

26(k) The person shall obtain the permission of the supervising
27county agency to travel more than 50 miles from the person’s place
28of residence.

29(l) The person shall obtain a travel pass from the supervising
30county agency before he or she may leave the county or state for
31more than two days.

32(m) The person shall not be in the presence of a firearm or
33ammunition, or any item that appears to be a firearm or
34ammunition.

35(n) The person shall not possess, use, or have access to any
36weapon listed in Sectionbegin delete 12020,end delete 16140, subdivision (c) of Section
3716170, Section 16220, 16260, 16320, 16330, or 16340, subdivision
38(b) of Section 16460, Section 16470, subdivision (f) of Section
3916520, or Section 16570, 16740, 16760, 16830, 16920, 16930,
4016940, 17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270,
P3    117280, 17330, 17350, 17360, 17700, 17705, 17710, 17715, 17720,
217725, 17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200,
320310, 20410, 20510,begin insert 20610,end insert 20611, 20710, 20910, 21110, 21310,
421810, 22010, 22015, 22210, 22215, 22410,begin delete 32430,end delete 24310, 24410,
524510, 24610, 24680, 24710, 30210, 30215, 31500, 32310, 32400,
632405, 32410, 32415, 32420, 32425,begin insert 32430end insert 32435, 32440, 32445,
732450, 32900, 33215, 33220, 33225, or 33600.

8(o) (1) Except as provided in paragraph (2) and subdivision
9(p), the person shall not possess a knife with a blade longer than
10two inches.

11(2) The person may possess a kitchen knife with a blade longer
12than two inches if the knife is used and kept only in the kitchen of
13the person’s residence.

14(p) The person may use a knife with a blade longer than two
15inches, if the use is required for that person’s employment, the use
16has been approved in a document issued by the supervising county
17agency, and the person possesses the document of approval at all
18times and makes it available for inspection.

19(q) The person shall waive any right to a court hearing prior to
20the imposition of a period of “flash incarceration” in abegin insert city orend insert
21 county jail of not more than 10 consecutive days for any violation
22of his or her postrelease supervision conditions.

23(r) The person shall participate in rehabilitation programming
24as recommended by the supervising county agency.

25(s) The person shall be subject to arrest with or without a warrant
26by a peace officer employed by the supervising county agency or,
27at the direction of the supervising county agency, by any peace
28officer when there is probable cause to believe the person has
29violated the terms and conditions of his or her release.

30

SEC. 2.  

Section 3454 of the Penal Code is amended to read:

31

3454.  

(a) Each supervising county agency, as established by
32the county board of supervisors pursuant to subdivision (a) of
33Section 3451, shall establish a review process for assessing and
34refining a person’s program of postrelease supervision. Any
35additional postrelease supervision conditions shall be reasonably
36related to the underlying offense for which the offender spent time
37in prison, or to the offender’s risk of recidivism, and the offender’s
38criminal history, and be otherwise consistent with law.

39(b) Each county agency responsible for postrelease supervision,
40as established by the county board of supervisors pursuant to
P4    1subdivision (a) of Section 3451, may determine additional
2appropriate conditions of supervision listed in Section 3453
3consistent with public safety, including the use of continuous
4electronic monitoring as defined in Section 1210.7, order the
5provision of appropriate rehabilitation and treatment services,
6determine appropriate incentives, and determine and order
7appropriate responses to alleged violations, which can include, but
8shall not be limited to, immediate, structured, and intermediate
9sanctions up to and including referral to a reentry court pursuant
10to Section 3015, or flash incarceration in abegin insert city orend insert county jail.
11Periods of flash incarceration are encouraged as one method of
12punishment for violations of an offender’s condition of postrelease
13supervision.

14(c) begin delete“Flash end deletebegin insertAs used in this title, “flash end insertincarceration” is a period
15of detention inbegin insert a city orend insert county jail due to a violation of an
16offender’s conditions of postrelease supervision. The length of the
17detention period can range between one and 10 consecutive days.
18Flash incarceration is a tool that may be used by each county
19agency responsible for postrelease supervision. Shorter, but if
20necessary more frequent, periods of detention for violations of an
21offender’s postrelease supervision conditions shall appropriately
22punish an offender while preventing the disruption in a work or
23home establishment that typically arises from longer term
24revocations.



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