BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 986
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          Date of Hearing:  May 7, 2013
          Counsel:       Stella Choe

                                 Tom Ammiano, Chair

                  AB 986 (Bradford) - As Amended:  February 22, 2013
                       As Proposed to be Amended in Committee

           SUMMARY  :  Authorizes a person on postrelease community  
          supervision (PRCS) or on parole to serve a period of flash  
          incarceration in a city jail.  

           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  
               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.  [Penal Code Section 3000.08(a) and (c).]

          2)Requires all other offenders released from prison on or after  
            October 1, 2011, to be placed on PRCS under the supervision of  


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            a county agency, such as a probation department.  [Penal Code  
            Section 3000.08(b).]

          3)Requires PRCS to include all of the following conditions:

             a)   The person shall be informed of the conditions of  

             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  

             h)   The person shall inform the supervising county agency of  
               the person's place of residence, employment, education, or  

             i)   The person shall inform the supervising county agency of  
               any pending or anticipated changes in residence,  
               employment, education, or training;

             j)   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;

             aa)  The person shall immediately inform the supervising  
               county agency if he or she is arrested or receives a  

             bb)  The person shall obtain the permission of the  
               supervising county agency to travel more than 50 miles from  


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               the person's place of residence;

             cc)  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;

             dd)  The person shall not be in the presence of a firearm or  
               ammunition, or any item that appears to be a firearm or  

             ee)  The person shall not possess, use, or have access to any  
               of the specified weapons;

             ff)  Except as provided, the person shall not possess a knife  
               with a blade longer than two inches;

             gg)  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;

             hh)  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;

             ii)  The person shall waive any right to a court hearing  
               prior to the imposition of a period of "flash  
               incarceration" in a county jail of not more than 10  
               consecutive days for any violation of his or her  
               postrelease supervision conditions;

             jj)  The person shall participate in rehabilitation  
               programming as recommended by the supervising county  
               agency; and,

             aaa) 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.  (Penal Code Section  


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          4)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.  [Penal Code Section  

          5)Provides for intermediate sanctions for violating the terms of  
            PRCS, including flash incarceration for up to 10 days.  (Penal  
            Code Section 3454.)

          6)Authorizes intermediate sanctions, including flash  
            incarceration, to be available for state parolees supervised  
            by state parole after July 1, 2013.  [Penal Code Section  
            3000.08(d), effective July 1, 2013.]

          7)Defines "flash incarceration" as a period of detention in  
            county jail due to a violation of a person's conditions of  
            parole or postrelease supervision.  The length of the  
            detention period can range between one and 10 consecutive days  
            in a county jail.  [Penal Code Sections 3000.08(d) and (e),  
            and 3455(c).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "With the influx  
            of individuals realigned from state prisons to county jails  
            under AB 109, the Criminal Justice Realignment Act of 2011,  
            tools that were once available to manage individuals on  
            postrelease supervision, such as flash incarceration, are no  
            longer. County jails simply don't have enough beds.

          "This bill would allow city jails to be used for flash  
            incarceration in cases where an offender violates conditions  
            of his/her postrelease supervision."

           2)Flash Incarceration  :  Realignment shifted the supervision of  
            some released prison inmates from CDCR parole agents to local  
            probation departments.  Parole under the jurisdiction of CDCR  
            for inmates released from prison on or after October 1, 2011  
            is limited to those defendants whose term was for a serious or  
            violent felony; were serving a Three-Strikes sentence; are  
            classified as high-risk sex offenders; who are required to  
            undergo treatment as mentally disordered offenders; or who,  
            while on certain paroles, commit new offenses.  [Penal Code  


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            Sections 3000.08(a) and (c), and 3451(b).]  All other inmates  
            released from prison are subject to up to three years of PRCS  
            under local supervision.  [Penal Code Sections 3000.08(b) and  
            3451(a).]  This means that probation, not parole, now  
            supervises some felons coming out of prison.  

          With the creation of PRCS, probation was authorized to employ  
            "flash incarceration" as an "intermediate sanction" for  
            responding to both parole and PRCS violations.  (Penal Code  
            Section 3454.)  The Legislative Analyst's Office explained the  
            context and reasoning behind "flash incarceration" as part of  
            realignment: "[T]he realignment legislation provided counties  
            with some additional options for how to manage the realigned  
            offenders. . . .  [T]he legislation allows county probation  
            officers to return offenders who violate the terms of their  
            community supervision to jail for up to ten days, which is  
            commonly referred to as "flash incarceration."  The rationale  
            for using flash incarceration is that short terms of  
            incarceration when applied soon after the offense is  
            identified can be more effective at deterring subsequent  
            violations than the threat of longer terms following what can  
            be lengthy criminal proceedings."  [Legislative Analyst's  
            Office, The 2012-13 Budget: The 2011 Realignment of Adult  
            Offenders-An Update (Feb. 22, 2012), pp. 8-9.] 

          Starting July 1, 2013, flash incarceration will also be an  
            available intermediate sanction for offenders under state  
            supervision who violate a term of their parole.  [Penal Code  
            Section 3000.08(d), effective July 1, 2013.]

           3)City Jails  :  Existing law specifies which inmates must serve  
            their sentences in either county jail or state prison.   
            Counties with a large number of cities have a county jail and  
            several city jails.  Typically, city jails are used as  
            short-term detention facilities to hold arrested persons until  
            they are either transferred to the county jail or released  
            from custody, either after interview and release or after  
            posting bail.  However, some city jails are used by some  
            inmates to serve short sentences.  

          A recent article highlighted the efficiency of the Glendale city  
            jail and its ability to generate funds through its pay-to-stay  
            fees.  "The Glendale Police Department jail has collected more  
            than $1.5 million in fees associated with inmates who opt to  
            pay to stay at the facility.


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          "The $1.58 million in inmate fees generated by the pay-to-stay  
            program since it began in 2008 has helped offset operational  
            costs, according to a recent report presented to a police  
            advisory committee.

          "'The savings gets rolled back, initially, to the taxpayer,'  
            Jail Administrator Juan Lopez said.  'The local taxpayers can  
            find confidence in the fact that their money is being  

          "In the past two years, more than 17,000 inmates have opted to  
            pay a fee of $85 per day to serve court-approved sentences in  
            the department's jail, which can be a major step up from  
            crowded Los Angeles County facilities.

          "At the Glendale jail, pay-to-stay inmates get their own cells  
            that are separate from the cells used for daily bookings.

          "While celebrities, including actor Kiefer Sutherland, and top  
            movie executives have paid to stay in the jail, they are not  
            given special treatment, he added.

          "Judges in other states, including Arizona, Nevada and Utah,  
            have allowed some Los Angeles County residents to serve their  
            sentences in the Glendale jail, Lopez said.  If an L.A. County  
            resident is arrested or convicted out of state, they can ask  
            the judge there for permission to stay in the Glendale jail.

          "Pay-to-stay inmates are required to work in the jail during the  
            weekends, which Lopez said helps keep the facility clean.

          "Inmates serve as few as four days in the jail and up to six  
            months, Lopez said, although most jail stays have been for  
            shorter sentences."  [Rocha, Inmates pay to stay at city jail,  
            Glendale News Press <  
            r-juan-lopez-release-low-risk-inmates-city-jail> (as of May 1,  

          Current law authorizes a person on PRCS to serve a period of  
            flash incarceration in county jail; and starting July 1, 2013,  
            persons on parole may also serve a period of flash  
            incarceration in county jail.  This bill authorizes a period  


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            of flash incarceration to be served in city jail in order to  
            alleviate county jail overcrowding concerns.  This committee  
            has been informed by the sponsor of this bill that there are  
            40 city jails in California that would be able to accommodate  
            persons serving a short sentence, such as a period of flash  
           4)Argument in Support  :  According to the  California Police  
            Chiefs Association  (the sponsor of this bill), "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.  The  
            decision as to whether or not to impose flash incarceration is  
            left to the discretion of the agency responsible for  
            postrelease supervision of the individual.

          "Flash incarceration has proven to be an effective tool to  
            modify behaviors.  In particular, this strategy has produced  
            historically positive outcomes when used by Drug Courts.  The  
            current challenge, however, is that county jail capacities are  
            such that, as a practical matter, flash incarceration may not  
            be an option in some counties.  Assembly Bill 986 will  
            increase the availability of this strategy by permitting  
            probation agencies to use city jail, thus retaining this  
            strategic tool.  It is important to note that AB 986 does not  
            change any of the elements of flash incarceration, it just  
            permits its utility at a wider number of locations."

           5)Related Legislation  :  SB 419 (Block) extends the authority for  
            flash incarceration to include persons subject to probation  
            supervision and mandatory probation, as specified, and  
            requires that persons subject to probation or mandatory  
            supervision "waive any right to a court hearing prior to the  
            imposition of a period of flash incarceration.  SB 419 is  
            pending hearing by the Senate Committee on Appropriations.

           6)Prior Legislation  : 

             a)   AB 109 (Committee on Budget), Chapter 15, Statutes of  
               2011, created the Postrelease Community Supervision Act,  
               which provides, among other things, that inmates released  
               from prison who are not required to be on parole are  
               subject to up to three years of local supervision.  

             b)   AB 117 (Committee on Budget), Chapter 39, Statutes of  


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               2011, amended some provisions of the Postrelease Community  
               Supervision Act.


          California Police Chiefs Association


          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744