Amended in Senate September 6, 2013

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 Sections 3000.08, 3453, 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 that persons released from prison be subject either to parole for a specified period of time or 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 appropriate response to alleged violations, including flash incarceration in a county jail. 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. Existing law defines flash incarceration for these purposes 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 release.

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 9 of Chapter 32 of the Statutes of 2013, is amended to
3read:end insert

4

3000.08.  

(a) A person released from state prison prior to or
5on or after July 1, 2013, after serving a prison term, or whose
6sentence has been deemed served pursuant to Section 2900.5, for
7any of the following crimes is subject to parole supervision by the
8Department of Corrections and Rehabilitation and the jurisdiction
9of the court in the county in which the parolee is released, resides,
10or in which an alleged violation of supervision has occurred, for
11the purpose of hearing petitions to revoke parole and impose a
12term of custody:

13(1) A serious felony as described in subdivision (c) of Section
141192.7.

15(2) A violent felony as described in subdivision (c) of Section
16667.5.

17(3) A crime for which the person was sentenced pursuant to
18paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
19of subdivision (c) of Section 1170.12.

20(4) Any crime for which the person is classified as a high risk
21sex offender.

22(5) Any crime for which the person is required, as a condition
23of parole, to undergo treatment by the State Department of State
24Hospitals pursuant to Section 2962.

25(b) Notwithstanding any other law, all other offenders released
26from prison shall be placed on postrelease supervision pursuant
27to Title 2.05 (commencing with Section 3450).

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

P3    1(d) Upon review of the alleged violation and a finding of good
2cause that the parolee has committed a violation of law or violated
3his or her conditions of parole, the supervising parole agency may
4impose additional and appropriate conditions of supervision,
5including rehabilitation and treatment services and appropriate
6incentives for compliance, and impose immediate, structured, and
7intermediate sanctions for parole violations, including flash
8incarceration in abegin insert city or aend insert county jail. Periods of “flash
9incarceration,” as defined in subdivision (e) are encouraged as one
10method of punishment for violations of a parolee’s conditions of
11parole. This section does not preclude referrals to a reentry court
12pursuant to Section 3015.

13(e) “Flash incarceration” is a period of detention inbegin insert a city or aend insert
14 county jail due to a violation of a parolee’s conditions of parole.
15The length of the detention period can range between one and 10
16consecutive days. Shorter, but if necessary more frequent, periods
17of detention for violations of a parolee’s conditions of parole shall
18appropriately punish a parolee while preventing the disruption in
19a work or home establishment that typically arises from longer
20periods of detention.

21(f) If the supervising parole agency has determined, following
22application of its assessment processes, that intermediate sanctions
23up to and including flash incarceration are not appropriate, the
24supervising parole agency shall, pursuant to Section 1203.2,
25petition either the court in the county in which the parolee is being
26supervised or the court in the county in which the alleged violation
27of supervision occurred, to revoke parole. At any point during the
28process initiated pursuant to this section, a parolee may waive, in
29writing, his or her right to counsel, admit the parole violation,
30waive a court hearing, and accept the proposed parole modification
31or revocation. The petition shall include a written report that
32contains additional information regarding the petition, including
33the relevant terms and conditions of parole, the circumstances of
34the alleged underlying violation, the history and background of
35the parolee, and any recommendations. The Judicial Council shall
36adopt forms and rules of court to establish uniform statewide
37procedures to implement this subdivision, including the minimum
38contents of supervision agency reports. Upon a finding that the
39person has violated the conditions of parole, the court shall have
40authority to do any of the following:

P4    1(1) Return the person to parole supervision with modifications
2of conditions, if appropriate, including a period of incarceration
3in county jail.

4(2) Revoke parole and order the person to confinement in the
5county jail.

6(3) Refer the person to a reentry court pursuant to Section 3015
7or other evidence-based program in the court’s discretion.

8(g) Confinement pursuant to paragraphs (1) and (2) of
9subdivision (f) shall not exceed a period of 180 days in the county
10jail.

11(h) Notwithstanding any other law, if Section 3000.1 or
12paragraph (4) of subdivision (b) of Section 3000 applies to a person
13who is on parole and the court determines that the person has
14committed a violation of law or violated his or her conditions of
15parole, the person on parole shall be remanded to the custody of
16the Department of Corrections and Rehabilitation and the
17jurisdiction of the Board of Parole Hearings for the purpose of
18 future parole consideration.

19(i) Notwithstanding subdivision (a), any of the following persons
20released from state prison shall be subject to the jurisdiction of,
21and parole supervision by, the Department of Corrections and
22Rehabilitation for a period of parole up to three years or the parole
23term the person was subject to at the time of the commission of
24the offense, whichever is greater:

25(1) The person is required to register as a sex offender pursuant
26to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
271, and was subject to a period of parole exceeding three years at
28the time he or she committed a felony for which they were
29convicted and subsequently sentenced to state prison.

30(2) The person was subject to parole for life pursuant to Section
313000.1 at the time of the commission of the offense that resulted
32in a conviction and state prison sentence.

33(j) Parolees subject to this section who have a pending
34adjudication for a parole violation on July 1, 2013, are subject to
35the jurisdiction of the Board of Parole Hearings. Parole revocation
36proceedings conducted by the Board of Parole Hearings prior to
37July 1, 2013, if reopened on or after July 1, 2013, are subject to
38the jurisdiction of the Board of Parole Hearings.

39(k) Except as described in subdivision (c), any person who is
40convicted of a felony that requires community supervision and
P5    1who still has a period of state parole to serve shall discharge from
2state parole at the time of release to community supervision.

3(l)  Any person released to parole supervision pursuant to
4subdivision (a) shall, regardless of any subsequent determination
5that the person should have been released pursuant to subdivision
6(b), remain subject to subdivision (a) after having served 60 days
7under supervision pursuant to subdivision (a).

8(m) This section shall become operative on July 1, 2013.

begin delete
9

SECTION 1.  

Section 3000.08 of the Penal Code, as amended
10by Section 35 of Chapter 43 of the Statutes of 2012, is amended
11to read:

12

3000.08.  

(a) Persons released from state prison prior to or on
13or after July 1, 2013, after serving a prison term or, whose sentence
14has been deemed served pursuant to Section 2900.5, for any of the
15following crimes shall be subject to parole supervision by the
16Department of Corrections and Rehabilitation and the jurisdiction
17of the court in the county where the parolee is released or resides
18for the purpose of hearing petitions to revoke parole and impose
19a term of custody:

20(1) A serious felony as described in subdivision (c) of Section
211192.7.

22(2) A violent felony as described in subdivision (c) of Section
23667.5.

24(3) A crime for which the person was sentenced pursuant to
25paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
26of subdivision (c) of Section 1170.12.

27(4) Any crime for which the person eligible for release from
28prison is classified as a high-risk sex offender.

29(5) Any crime for which the person is required, as a condition
30of parole, to undergo treatment by the State Department of State
31Hospitals pursuant to Section 2962.

32(b) Notwithstanding any other provision of law, all other
33offenders released from prison shall be placed on postrelease
34supervision pursuant to Title 2.05 (commencing with Section
353450).

36(c) At any time during the period of parole of a person subject
37to this section, if any parole agent or peace officer has probable
38cause to believe that the parolee is violating any term or condition
39of his or her parole, the agent or officer may, without warrant or
40other process and at any time until the final disposition of the case,
P6    1arrest the person and bring him or her before the court, or the court
2may, in its discretion, issue a warrant for that person’s arrest
3pursuant to Section 1203.2.

4(d) Upon review of the alleged violation and a finding of good
5cause that the parolee has committed a violation of law or violated
6his or her conditions of parole, the supervising parole agency may
7impose additional and appropriate conditions of supervision,
8including rehabilitation and treatment services and appropriate
9incentives for compliance, and impose immediate, structured, and
10intermediate sanctions for parole violations, including flash
11incarceration in a city or a county jail. Periods of “flash
12incarceration,” as defined in subdivision (e), are encouraged as
13one method of punishment for violations of a parolee’s conditions
14of parole. This section does not preclude referrals to a reentry court
15pursuant to Section 3015.

16(e) “Flash incarceration” is a period of detention in a city or
17county jail due to a violation of a parolee’s conditions of parole.
18The length of the detention period can range between one and 10
19consecutive days. Shorter, but if necessary more frequent, periods
20of detention for violations of a parolee’s conditions of parole shall
21appropriately punish a parolee while preventing the disruption in
22a work or home establishment that typically arises from longer
23periods of detention.

24(f) If the supervising parole agency has determined, following
25application of its assessment processes, that intermediate sanctions
26up to and including flash incarceration are not appropriate, the
27supervising parole agency shall, pursuant to Section 1203.2,
28petition the court in the county in which the parolee is being
29supervised to revoke parole. At any point during the process
30initiated pursuant to this section, a parolee may waive, in writing,
31his or her right to counsel, admit the parole violation, waive a court
32hearing, and accept the proposed parole modification or revocation.
33The petition shall include a written report that contains additional
34information regarding the petition, including the relevant terms
35and conditions of parole, the circumstances of the alleged
36underlying violation, the history and background of the parolee,
37and any recommendations. The Judicial Council shall adopt forms
38and rules of court to establish uniform statewide procedures to
39implement this subdivision, including the minimum contents of
40supervision agency reports. Upon a finding that the person has
P7    1violated the conditions of parole, the court shall have authority to
2do any of the following:

3(1) Return the person to parole supervision with modifications
4of conditions, if appropriate, including a period of incarceration
5in county jail.

6(2) Revoke parole and order the person to confinement in the
7county jail.

8(3) Refer the person to a reentry court pursuant to Section 3015
9or other evidence-based program in the court’s discretion.

10(g) Confinement pursuant to paragraphs (1) and (2) of
11subdivision (f) shall not exceed a period of 180 days in the county
12jail.

13(h) Notwithstanding any other law, if Section 3000.1 or
14paragraph (4) of subdivision (b) of Section 3000 applies to a person
15who is on parole and the court determines that the person has
16committed a violation of law or violated his or her conditions of
17parole, the person on parole shall be remanded to the custody of
18the Department of Corrections and Rehabilitation and the
19jurisdiction of the Board of Parole Hearings for the purpose of
20future parole consideration.

21(i) Notwithstanding subdivision (a), any of the following persons
22released from state prison shall be subject to the jurisdiction of,
23and parole supervision by, the Department of Corrections and
24Rehabilitation for a period of parole up to three years or the parole
25term the person was subject to at the time of the commission of
26the offense, whichever is greater:

27(1) The person is required to register as a sex offender pursuant
28to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
291, and was subject to a period of parole exceeding three years at
30the time he or she committed a felony for which they were
31convicted and subsequently sentenced to state prison.

32(2) The person was subject to parole for life pursuant to Section
333000.1 at the time of the commission of the offense that resulted
34in a conviction and state prison sentence.

35(j) Parolees subject to this section who have a pending
36adjudication for a parole violation on July 1, 2013, are subject to
37the jurisdiction of the Board of Parole Hearings. Parole revocation
38proceedings conducted by the Board of Parole Hearings prior to
39 July 1, 2013, if reopened on or after July 1, 2013, are subject to
40the jurisdiction of the Board of Parole Hearings.

P8    1(k) Except as described in subdivision (c), any person who is
2convicted of a felony that requires community supervision and
3who still has a period of state parole to serve shall discharge from
4state parole at the time of release to community supervision.

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

end delete
6

SEC. 2.  

Section 3453 of the Penal Code is amended to read:

7

3453.  

Postrelease community supervision shall include the
8following conditions:

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

10(b) The person shall obey all laws.

11(c) The person shall report to the supervising county agency
12within two working days of release from custody.

13(d) The person shall follow the directives and instructions of
14the supervising county agency.

15(e) The person shall report to the supervising county agency as
16directed by that agency.

17(f) The person, and his or her residence and possessions, shall
18be subject to search at any time of the day or night, with or without
19a warrant, by an agent of the supervising county agency or by a
20peace officer.

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

22(h) The person shall inform the supervising county agency of
23the person’s place of residence, employment, education, or training.

24(i) (1) The person shall inform the supervising county agency
25of any pending or anticipated changes in residence, employment,
26education, or training.

27(2) If the person enters into new employment, he or she shall
28inform the supervising county agency of the new employment
29within three business days of that entry.

30(j) The person shall immediately inform the supervising county
31agency if he or she is arrested or receives a citation.

32(k) The person shall obtain the permission of the supervising
33county agency to travel more than 50 miles from the person’s place
34of residence.

35(l) The person shall obtain a travel pass from the supervising
36county agency before he or she may leave the county or state for
37more than two days.

38(m) The person shall not be in the presence of a firearm or
39ammunition, or any item that appears to be a firearm or
40ammunition.

P9    1(n) The person shall not possess, use, or have access to any
2weapon listed in Section 16140, subdivision (c) of Section 16170,
3Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
4of Section 16460, Section 16470, subdivision (f) of Section 16520,
5or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940,
617090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280,
717330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725,
817730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310,
920410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810,
1022010, 22015, 22210, 22215, 22410, 24310, 24410, 24510, 24610,
1124680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410,
1232415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900,
1333215, 33220, 33225, or 33600.

14(o) (1) Except as provided in paragraph (2) and subdivision
15(p), the person shall not possess a knife with a blade longer than
16two inches.

17(2) The person may possess a kitchen knife with a blade longer
18than two inches if the knife is used and kept only in the kitchen of
19the person’s residence.

20(p) The person may use a knife with a blade longer than two
21inches, if the use is required for that person’s employment, the use
22has been approved in a document issued by the supervising county
23 agency, and the person possesses the document of approval at all
24times and makes it available for inspection.

25(q) The person shall waive any right to a court hearing prior to
26the imposition of a period of “flash incarceration” in a city or
27county jail of not more than 10 consecutive days for any violation
28of his or her postrelease supervision conditions.

29(r) The person shall participate in rehabilitation programming
30as recommended by the supervising county agency.

31(s) The person shall be subject to arrest with or without a warrant
32by a peace officer employed by the supervising county agency or,
33at the direction of the supervising county agency, by any peace
34officer when there is probable cause to believe the person has
35violated the terms and conditions of his or her release.

36

SEC. 3.  

Section 3454 of the Penal Code is amended to read:

37

3454.  

(a) Each supervising county agency, as established by
38the county board of supervisors pursuant to subdivision (a) of
39Section 3451, shall establish a review process for assessing and
40refining a person’s program of postrelease supervision. Any
P10   1additional postrelease supervision conditions shall be reasonably
2related to the underlying offense for which the offender spent time
3in prison, or to the offender’s risk of recidivism, and the offender’s
4criminal history, and be otherwise consistent with law.

5(b) Each county agency responsible for postrelease supervision,
6as established by the county board of supervisors pursuant to
7subdivision (a) of Section 3451, may determine additional
8appropriate conditions of supervision listed in Section 3453
9consistent with public safety, including the use of continuous
10electronic monitoring as defined in Section 1210.7, order the
11provision of appropriate rehabilitation and treatment services,
12determine appropriate incentives, and determine and order
13appropriate responses to alleged violations, which can include, but
14shall not be limited to, immediate, structured, and intermediate
15sanctions up to and including referral to a reentry court pursuant
16to Section 3015, or flash incarceration in a city or county jail.
17Periods of flash incarceration are encouraged as one method of
18punishment for violations of an offender’s condition of postrelease
19supervision.

20(c) As used in this title, “flash incarceration” is a period of
21detention in a city or county jail due to a violation of an offender’s
22conditions of postrelease supervision. The length of the detention
23period can range between one and 10 consecutive days. Flash
24incarceration is a tool that may be used by each county agency
25responsible for postrelease supervision. Shorter, but if necessary
26more frequent, periods of detention for violations of an offender’s
27postrelease supervision conditions shall appropriately punish an
28offender while preventing the disruption in a work or home
29establishment that typically arises from longer term revocations.



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