Amended in Senate April 7, 2015

Senate BillNo. 266

Introduced by Senator Block

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(Coauthor: Senator Anderson)

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February 19, 2015

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


SB 266, as amended, 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,begin insert allow a court toend insert 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:

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Section 1203.35 is added to the Penal Code, to

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(a) In any case where the court grants probation or
2imposes a sentence that includes mandatory supervision, the court
3begin delete shallend deletebegin insert mayend insert authorize the county probation officer to use flash
4incarceration for any violation of the conditions of probation or
5mandatory supervision, if, at the time of granting probation or
6ordering mandatory supervision, the court obtains from the
7defendant a waiver to a court hearing prior to the imposition of a
8period of flash incarceration. The waiver shall authorize the
9probation officer, if the person on probation or mandatory
10supervision does not agree to accept a recommended period of
11flash incarceration upon a finding of a violation, to address the
12alleged violation by filing a declaration or revocation request with
13the court.

14(b) For purposes of this section, “flash incarceration” is a period
15of detention in a county jail due to a violation of an offender’s
16conditions of probation or mandatory supervision. The length of
17the detention period may range between one and 10 consecutive
18days. Shorter, but if necessary more frequent, periods of detention
19for violations of an offender’s conditions of probation or mandatory
20supervision shall appropriately punish an offender while preventing
21the disruption in a work or home establishment that typically arises
22from longer periods of detention.

23(c) This section shall not apply to any defendant sentenced
24pursuant to Section 1210.1.

25(d) This section shall remain in effect only until January 1, 2021,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2021, deletes or extends that date.