BILL ANALYSIS �
AB 986
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CONCURRENCE IN SENATE AMENDMENTS
AB 986 (Bradford)
As Amended September 6, 2013
Majority vote
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|ASSEMBLY: |74-0 |(May 23, 2013) |SENATE: |39-0 |(September 11, |
| | | | | |2013) |
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Original Committee Reference: PUB. S.
SUMMARY : Authorizes a person on postrelease community
supervision (PRCS) or on parole to serve a period of flash
incarceration in a city jail.
The Senate amendments make technical, non-substantive changes.
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).)
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2)Requires all other offenders released from prison on or after
October 1, 2011, to be placed on PRCS under the supervision of
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
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
California;
h) The person shall inform the supervising county agency of
the person's place of residence, employment, education, or
training;
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
citation;
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bb) The person shall obtain the permission of the
supervising county agency to travel more than 50 miles from
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
ammunition;
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
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conditions of his or her release. (Penal Code Section
3453.)
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
3455(d).)
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).)
AS PASSED BY THE ASSEMBLY , this bill authorized a person on PRCS
or on parole to serve a period of flash incarceration in a city
jail
FISCAL EFFECT : None. This bill has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS : 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."
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
AB 986
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FN: 0002668