BILL NUMBER: SB 419	INTRODUCED
	BILL TEXT


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  , which can   that may 
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.