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 









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