BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 986
          Author:   Bradford (D)
          Amended:  5/15/13 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 6/18/13
          AYES:  Hancock, Block, De León, Knight, Liu, Steinberg
          NO VOTE RECORDED:  Anderson
           
          ASSEMBLY FLOOR  :  74-0, 5/23/13 (Consent) - See last page for  
            vote


           SUBJECT  :    Postrelease community supervision:  flash  
          incarceration:  city jails

           SOURCE  :     California Police Chiefs Association


           DIGEST  :    This bill revises the definition of flash  
          incarceration, which currently is defined to include a period of  
          detention in a county jail, to include city jails.

           ANALYSIS  :    

          Existing law:

          1. Generally authorizes the use of a penalty known as "flash  
             incarceration" for felons who have been released from prison,  
             are subject to supervision by state parole or county  
             probation, and are believed to have violated a condition of  
             their supervision.
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          2. Specifically authorizes county agencies responsible for  
             supervising persons subject to postrelease community  
             supervision to:

                . . . 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 . . . , or  
                flash incarceration in a 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 incarceration" is a period of detention in  
                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.  

          3. Authorizes this use of flash incarceration on parolees, who  
             are supervised by state parole. 

          This bill:

          1. Revises the definition of "flash incarceration" to include a  
             period of detention in a city jail.

          2. Makes additional non-substantive changes, as specified.

           Comments
           
          The author states:

             "Flash incarceration" is an effective tool for local law  
             enforcement to temporarily detain an offender who violates  
             the conditions of his/her postrelease supervision.  Periods  

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             of flash incarceration are encouraged as one method of  
             punishment for violations of an offender's condition of  
             postrelease supervision.  The length of the detention period  
             can range between one and 10 consecutive days, depending on  
             what is deemed appropriate by the responsible county agency.   
             Flash incarceration is, of course, subject to bed  
             availability in the county jail.

             After the Legislature passed AB 109, the Criminal Justice  
             Realignment Act of 2011, the population in county jails  
             dramatically increased.  As a result, county agencies haven't  
             been able to flash incarcerate individuals in violation of  
             the conditions of their postrelease supervision simply  
             because there aren't enough beds. 

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

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/19/13)

          California Police Chiefs Association (source)
          League of California Cities

           ASSEMBLY FLOOR  :  74-0, 5/23/13
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,  
            Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,  
            Gray, Hagman, Hall, Harkey, Roger Hernández, Jones-Sawyer,  
            Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel  
            Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,  
            Ting, Wagner, Weber, Wieckowski, Wilk, Williams, Yamada, John  
            A. Pérez
          NO VOTE RECORDED:  Grove, Holden, Jones, Waldron, Vacancy,  
            Vacancy



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          JG:k  6/19/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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