Senate Bill No. 419

Introduced by Senator Block

February 21, 2013

An act to amend Section 3454 of the Penal Code, relating to postrelease community supervision.

LEGISLATIVE COUNSEL’S DIGEST

SB 419, as introduced, Block. Postrelease community supervision: flash incarceration.

Under existing law, the Postrelease Community Supervision Act of 2011, certain felons, upon release from prison, are subject to community supervision. Existing law requires that each supervising county agency, as established by the county’s board of supervisors, establish a review process for assessing and refining a person’s program of postrelease supervision and imposes specified requirements that additional postrelease supervision conditions are required to meet. Additionally, existing law permits each county agency responsible for postrelease supervision to determine additional appropriate conditions of supervision, and also to determine and order appropriate responses to alleged violations, including, among other things, flash incarceration in a county jail.

This bill would make technical, nonsubstantive changes to the latter provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3454 of the Penal Code is amended to
read:

3454.  

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

(b) Each county agency responsible for postrelease supervision,
as established by the county board of supervisors pursuant to
subdivision (a) of Section 3451, may determine additional
appropriate conditions of supervision listed in Section 3453
consistent with public safety, including the use of continuous
electronic monitoring as defined in Section 1210.7, order the
provision of appropriate rehabilitation and treatment services,
determine appropriate incentives, and determine and order
appropriate responses to alleged violations begin delete , which can end delete begin insert that may end insert
include, but shall not be limited to, immediate, structured, and
intermediate sanctions up to and including referral to a reentry
court pursuant to Section 3015, 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.