Amended in Assembly May 15, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 986


Introduced by Assembly Member Bradford

February 22, 2013


An act to amend Sectionsbegin insert 3000.08,end insert 3453begin insert,end insert and 3454 of the Penal Code, relating to flash incarceration.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law requires thatbegin delete specifiedend delete persons released from prisonbegin delete on and after October 1, 2011,end delete be subjectbegin insert either to parole for a specified period of time orend insert 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 anbegin delete orderend delete appropriate response to alleged violations, including flash incarceration in a county jail.begin insert Existing law provides for review of an alleged parole violation and likewise allows the supervising parole agency to impose additional conditions of supervision, including flash incarceration in a county jail.end insert Existing law defines flash incarcerationbegin insert for these purposesend insert as a period of detention in a county jail ranging from one to 10 days due to a violation of an offender’s conditions ofbegin delete postrelease supervisionend deletebegin insert releaseend insert.

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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 3000.08 of the end insertbegin insertPenal Codeend insertbegin insert, as amended
2by Section 35 of Chapter 43 of the Statutes of 2012, is amended
3to read:end insert

4

3000.08.  

(a) Persons released from state prison prior to or on
5or after July 1, 2013, after serving a prison term or, whose sentence
6has been deemed served pursuant to Section 2900.5, for any of the
7following crimes shall be subject to parole supervision by the
8Department of Corrections and Rehabilitation and the jurisdiction
9of the court in the county where the parolee is released or resides
10for the purpose of hearing petitions to revoke parole and impose
11a term of custody:

12(1) A serious felony as described in subdivision (c) of Section
131192.7.

14(2) A violent felony as described in subdivision (c) of Section
15667.5.

16(3) A crime for which the person was sentenced pursuant to
17paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
18of subdivision (c) of Section 1170.12.

19(4) Any crimebegin delete whereend deletebegin insert for whichend insert the person eligible for release
20from prison is classified as abegin delete High Risk Sex Offenderend deletebegin insert highend insertbegin insert-risk
21sex offenderend insert
.

22(5) Any crimebegin delete whereend deletebegin insert for whichend insert the person is required, as a
23condition of parole, to undergo treatment by thebegin insert Stateend insert Department
24ofbegin delete Mental Healthend deletebegin insert State Hospitalsend insert pursuant to Section 2962.

25(b) Notwithstanding any other provision of law, all other
26offenders released from prison shall be placed on postrelease
27supervision pursuant to Title 2.05 (commencing with Section
283450).

29(c) At any time during the period of parole of a person subject
30to this section, if any parole agent or peace officer has probable
31cause to believe that the parolee is violating any term or condition
32of his or her parole, the agent or officer may, without warrant or
33other process and at any time until the final disposition of the case,
34arrest the person and bring him or her before the court, or the court
35may, in its discretion, issue a warrant for that person’s arrest
36pursuant to Section 1203.2.

37(d) Upon review of the alleged violation and a finding of good
38cause that the parolee has committed a violation of law or violated
P3    1his or her conditions of parole, the supervising parole agency may
2impose additional and appropriate conditions of supervision,
3including rehabilitation and treatment services and appropriate
4incentives for compliance, and impose immediate, structured, and
5intermediate sanctions for parole violations, including flash
6incarceration in abegin insert city or aend insert county jail. Periods of “flash
7incarceration,” as defined in subdivision (e)begin insert,end insert are encouraged as
8one method of punishment for violations of a parolee’s conditions
9of parole.begin delete Nothing in thisend deletebegin insert Thisend insert sectionbegin delete is intended toend deletebegin insert does notend insert
10 preclude referrals to a reentry court pursuant to Section 3015.

11(e) “Flash incarceration” is a period of detention inbegin insert a city orend insert
12 county jail due to a violation of a parolee’s conditions of parole.
13The length of the detention period can range between one and 10
14consecutive days. Shorter, but if necessary more frequent, periods
15of detention for violations of a parolee’s conditions of parole shall
16appropriately punish a parolee while preventing the disruption in
17a work or home establishment that typically arises from longer
18periods of detention.

19(f) If the supervising parole agency has determined, following
20application of its assessment processes, that intermediate sanctions
21up to and including flash incarceration are not appropriate, the
22supervising parole agency shall, pursuant to Section 1203.2,
23petition the court in the county in which the parolee is being
24supervised to revoke parole. At any point during the process
25initiated pursuant to this section, a parolee may waive, in writing,
26his or her right to counsel, admit the parole violation, waive a court
27hearing, and accept the proposed parole modification or revocation.
28The petition shall include a written report that contains additional
29information regarding the petition, including the relevant terms
30and conditions of parole, the circumstances of the alleged
31underlying violation, the history and background of the parolee,
32and any recommendations. The Judicial Council shall adopt forms
33and rules of court to establish uniform statewide procedures to
34implement this subdivision, including the minimum contents of
35supervision agency reports. Upon a finding that the person has
36violated the conditions of parole, the court shall have authority to
37do any of the following:

38(1) Return the person to parole supervision with modifications
39of conditions, if appropriate, including a period of incarceration
40in county jail.

P4    1(2) Revoke parole and order the person to confinement in the
2county jail.

3(3) Refer the person to a reentry court pursuant to Section 3015
4or other evidence-based program in the court’s discretion.

5(g) Confinement pursuant to paragraphs (1) and (2) of
6subdivision (f) shall not exceed a period of 180 days in the county
7jail.

8(h) Notwithstanding any otherbegin delete provision ofend delete law,begin delete in any case
9whereend delete
begin insert ifend insert Section 3000.1 or paragraph (4) of subdivision (b) of
10Section 3000 applies to a person who is on parole and the court
11determines that the person has committed a violation of law or
12violated his or her conditions of parole, the person on parole shall
13be remanded to the custody of the Department of Corrections and
14Rehabilitation and the jurisdiction of the Board of Parole Hearings
15for the purpose of future parole consideration.

16(i) Notwithstanding subdivision (a), any of the following persons
17released from state prison shall be subject to the jurisdiction of,
18and parole supervision by, the Department of Corrections and
19Rehabilitation for a period of parole up to three years or the parole
20term the person was subject to at the time of the commission of
21the offense, whichever is greater:

22(1) The person is required to register as a sex offender pursuant
23to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
241, and was subject to a period of parole exceeding three years at
25the time he or she committed a felony for which they were
26convicted and subsequently sentenced to state prison.

27(2) The person was subject to parole for life pursuant to Section
283000.1 at the time of the commission of the offense that resulted
29in a conviction and state prison sentence.

30(j) Parolees subject to this section who have a pending
31adjudication for a parole violation on July 1, 2013,begin delete shall beend deletebegin insert areend insert
32 subject to the jurisdiction of the Board of Parole Hearings. Parole
33revocation proceedings conducted by the Board of Parole Hearings
34prior to July 1, 2013, if reopened on or after July 1, 2013,begin delete shall beend delete
35begin insert areend insert subject to the jurisdiction of the Board of Parole Hearings.

36(k) Except as described in subdivision (c), any person who is
37convicted of a felony that requires community supervision and
38who still has a period of state parole to serve shall discharge from
39state parole at the time of release to community supervision.

40(l) This section shall become operative on July 1, 2013.

P5    1

begin deleteSECTION 1.end delete
2begin insertSEC. 2.end insert  

Section 3453 of the Penal Code is amended to read:

3

3453.  

Postrelease community supervision shall include the
4following conditions:

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

6(b) The person shall obey all laws.

7(c) The person shall report to the supervising county agency
8within two working days of release from custody.

9(d) The person shall follow the directives and instructions of
10the supervising county agency.

11(e) The person shall report to the supervising county agency as
12directed by that agency.

13(f) The person, and his or her residence and possessions, shall
14be subject to search at any time of the day or night, with or without
15a warrant, by an agent of the supervising county agency or by a
16peace officer.

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

18(h) The person shall inform the supervising county agency of
19the person’s place of residence, employment, education, or training.

20(i) (1) The person shall inform the supervising county agency
21of any pending or anticipated changes in residence, employment,
22education, or training.

23(2) If the person enters into new employment, he or she shall
24inform the supervising county agency of the new employment
25within three business days of that entry.

26(j) The person shall immediately inform the supervising county
27agency if he or she is arrested or receives a citation.

28(k) The person shall obtain the permission of the supervising
29county agency to travel more than 50 miles from the person’s place
30of residence.

31(l) The person shall obtain a travel pass from the supervising
32county agency before he or she may leave the county or state for
33more than two days.

34(m) The person shall not be in the presence of a firearm or
35ammunition, or any item that appears to be a firearm or
36ammunition.

37(n) The person shall not possess, use, or have access to any
38weapon listed in Section 16140, subdivision (c) of Section 16170,
39Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
40of Section 16460, Section 16470, subdivision (f) of Section 16520,
P6    1or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940,
217090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280,
317330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725,
417730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310,
520410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810,
622010, 22015, 22210, 22215, 22410, 24310, 24410, 24510, 24610,
724680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410,
832415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900,
933215, 33220, 33225, or 33600.

10(o) (1) Except as provided in paragraph (2) and subdivision
11(p), the person shall not possess a knife with a blade longer than
12two inches.

13(2) The person may possess a kitchen knife with a blade longer
14than two inches if the knife is used and kept only in the kitchen of
15the person’s residence.

16(p) The person may use a knife with a blade longer than two
17inches, if the use is required for that person’s employment, the use
18has been approved in a document issued by the supervising county
19agency, and the person possesses the document of approval at all
20times and makes it available for inspection.

21(q) The person shall waive any right to a court hearing prior to
22the imposition of a period of “flash incarceration” in a city or
23county jail of not more than 10 consecutive days for any violation
24of his or her postrelease supervision conditions.

25(r) The person shall participate in rehabilitation programming
26as recommended by the supervising county agency.

27(s) The person shall be subject to arrest with or without a warrant
28by a peace officer employed by the supervising county agency or,
29at the direction of the supervising county agency, by any peace
30officer when there is probable cause to believe the person has
31violated the terms and conditions of his or her release.

32

begin deleteSEC. 2.end delete
33begin insertSEC. 3.end insert  

Section 3454 of the Penal Code is amended to read:

34

3454.  

(a) Each supervising county agency, as established by
35the county board of supervisors pursuant to subdivision (a) of
36Section 3451, shall establish a review process for assessing and
37refining a person’s program of postrelease supervision. Any
38additional postrelease supervision conditions shall be reasonably
39related to the underlying offense for which the offender spent time
P7    1in prison, or to the offender’s risk of recidivism, and the offender’s
2criminal history, and be otherwise consistent with law.

3(b) Each county agency responsible for postrelease supervision,
4as established by the county board of supervisors pursuant to
5subdivision (a) of Section 3451, may determine additional
6appropriate conditions of supervision listed in Section 3453
7consistent with public safety, including the use of continuous
8electronic monitoring as defined in Section 1210.7, order the
9provision of appropriate rehabilitation and treatment services,
10determine appropriate incentives, and determine and order
11appropriate responses to alleged violations, which can include, but
12shall not be limited to, immediate, structured, and intermediate
13sanctions up to and including referral to a reentry court pursuant
14to Section 3015, or flash incarceration in a city or county jail.
15Periods of flash incarceration are encouraged as one method of
16punishment for violations of an offender’s condition of postrelease
17supervision.

18(c) As used in this title, “flash incarceration” is a period of
19detention in a city or county jail due to a violation of an offender’s
20conditions of postrelease supervision. The length of the detention
21period can range between one and 10 consecutive days. Flash
22incarceration is a tool that may be used by each county agency
23responsible for postrelease supervision. Shorter, but if necessary
24more frequent, periods of detention for violations of an offender’s
25postrelease supervision conditions shall appropriately punish an
26offender while preventing the disruption in a work or home
27establishment that typically arises from longer term revocations.



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