SB 266, as introduced, Block. Probation and mandatory supervision: flash incarceration.
Existing law authorizes probation and mandatory supervision, which in each case is a period of time when a defendant is released from incarceration and is subject to specified conditions and supervision by county probation authorities.
This bill would, until January 1, 2021, authorize the use of flash incarceration, as defined, to detain the offender in county jail for not more than 10 days for a violation of his or her conditions of probation or mandatory supervision, as specified. These provisions would not apply to persons convicted of certain drug possession offenses.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1203.35 is added to the Penal Code, to
2read:
(a) In any case where the court grants probation or
4imposes a sentence that includes mandatory supervision, the court
5shall authorize the county probation officer to use flash
6incarceration for any violation of the conditions of probation or
7mandatory supervision, if, at the time of granting probation or
P2 1ordering mandatory supervision, the court obtains from the
2defendant a waiver to a court hearing prior to the imposition of a
3period of flash incarceration. The waiver shall authorize the
4probation officer, if the person on probation or mandatory
5supervision does not agree to accept a recommended period of
6flash incarceration upon a finding of a violation, to address the
7alleged violation by filing a declaration or revocation request with
8the court.
9(b) For purposes of this section, “flash incarceration” is a period
10of detention in a county jail due to a violation of an offender’s
11conditions of probation or mandatory supervision. The length of
12the detention period may range between one and 10 consecutive
13days. Shorter, but if necessary more frequent, periods of detention
14for violations of an offender’s conditions of probation or mandatory
15supervision shall appropriately punish an offender while preventing
16the disruption in a work or home establishment that typically arises
17from longer periods of detention.
18(c) This section shall not apply to any defendant sentenced
19pursuant to Section 1210.1.
20(d) This section shall remain in effect only until January 1, 2021,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2021, deletes or extends that date.
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