BILL NUMBER: SB 266	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 19, 2015

   An act to add and repeal Section 1203.35 of the Penal Code,
relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1203.35 is added to the Penal Code, to read:
   1203.35.  (a) In any case where the court grants probation or
imposes a sentence that includes mandatory supervision, the court
shall authorize the county probation officer to use flash
incarceration for any violation of the conditions of probation or
mandatory supervision, if, at the time of granting probation or
ordering mandatory supervision, the court obtains from the defendant
a waiver to a court hearing prior to the imposition of a period of
flash incarceration. The waiver shall authorize the probation
officer, if the person on probation or mandatory supervision does not
agree to accept a recommended period of flash incarceration upon a
finding of a violation, to address the alleged violation by filing a
declaration or revocation request with the court.
   (b) For purposes of this section, "flash incarceration" is a
period of detention in a county jail due to a violation of an
offender's conditions of probation or mandatory supervision. The
length of the detention period may range between one and 10
consecutive days. Shorter, but if necessary more frequent, periods of
detention for violations of an offender's conditions of probation or
mandatory supervision shall appropriately punish an offender while
preventing the disruption in a work or home establishment that
typically arises from longer periods of detention.
   (c) This section shall not apply to any defendant sentenced
pursuant to Section 1210.1.
   (d) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.