BILL NUMBER: AB 986 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 3453 of the Penal Code is amended to read:
3453. Postrelease community supervision shall include the
following conditions:
(a) The person shall be informed of the conditions of release.
(b) The person shall obey all laws.
(c) The person shall report to the supervising county agency
within two working days of release from custody.
(d) The person shall follow the directives and instructions of the
supervising county agency.
(e) The person shall report to the supervising county agency as
directed by that agency.
(f) The person, and his or her residence and possessions, shall be
subject to search at any time of the day or night, with or without a
warrant, by an agent of the supervising county agency or by a peace
officer.
(g) The person shall waive extradition if found outside the state.
(h) The person shall inform the supervising county agency of the
person's place of residence, employment, education, or training.
(i) (1) The person shall inform the supervising county agency of
any pending or anticipated changes in residence, employment,
education, or training.
(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment within
three business days of that entry.
(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.
(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person's place of
residence.
( l ) The person shall obtain a travel pass from the
supervising county agency before he or she may leave the county or
state for more than two days.
(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or ammunition.
(n) The person shall not possess, use, or have access to any
weapon listed in Section 12020, 16140, subdivision
(c) of Section 16170, Section 16220, 16260, 16320, 16330, or 16340,
subdivision (b) of Section 16460, Section 16470, subdivision (f) of
Section 16520, or Section 16570, 16740, 16760, 16830, 16920, 16930,
16940, 17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280,
17330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725,
17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410,
20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810,
22010, 22015, 22210, 22215, 22410, 32430, 24310,
24410, 24510, 24610, 24680, 24710, 30210, 30215, 31500, 32310, 32400,
32405, 32410, 32415, 32420, 32425, 32430 32435, 32440,
32445, 32450, 32900, 33215, 33220, 33225, or 33600.
(o) (1) Except as provided in paragraph (2) and subdivision (p),
the person shall not possess a knife with a blade longer than two
inches.
(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person's residence.
(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person's employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.
(q) The person shall waive any right to a court hearing prior to
the imposition of a period of "flash incarceration" in a city or
county jail of not more than 10 consecutive days for any
violation of his or her postrelease supervision conditions.
(r) The person shall participate in rehabilitation programming as
recommended by the supervising county agency.
(s) The person shall be subject to arrest with or without a
warrant by a peace officer employed by the supervising county agency
or, at the direction of the supervising county agency, by any peace
officer when there is probable cause to believe the person has
violated the terms and conditions of his or her release.
SEC. 2. Section 3454 of the Penal Code is amended to read:
3454. (a) Each supervising county agency, as established by the
county board of supervisors pursuant to subdivision (a) of Section
3451, shall establish a review process for assessing and refining a
person's program of postrelease supervision. Any additional
postrelease supervision conditions shall be reasonably related to the
underlying offense for which the offender spent time in prison, or
to the offender's risk of recidivism, and the offender's criminal
history, and be otherwise consistent with law.
(b) Each county agency responsible for postrelease supervision, as
established by the county board of supervisors pursuant to
subdivision (a) of Section 3451, may determine additional appropriate
conditions of supervision listed in Section 3453 consistent with
public safety, including the use of continuous electronic monitoring
as defined in Section 1210.7, order the provision of appropriate
rehabilitation and treatment services, determine appropriate
incentives, and determine and order appropriate responses to alleged
violations, which can include, but shall not be limited to,
immediate, structured, and intermediate sanctions up to and including
referral to a reentry court pursuant to Section 3015, or flash
incarceration in a city or county jail. Periods of flash
incarceration are encouraged as one method of punishment for
violations of an offender's condition of postrelease supervision.
(c) "Flash As used in this title, "flash
incarceration" is a period of detention in a city or
county jail due to a violation of an offender's conditions of
postrelease supervision. The length of the detention period can range
between one and 10 consecutive days. Flash incarceration is a tool
that may be used by each county agency responsible for postrelease
supervision. Shorter, but if necessary more frequent, periods of
detention for violations of an offender's postrelease supervision
conditions shall appropriately punish an offender while preventing
the disruption in a work or home establishment that typically arises
from longer term revocations.