BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        SB 266|
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                                   THIRD READING 


          Bill No:  SB 266
          Author:   Block (D), et al.
          Amended:  4/7/15  
          Vote:     21  

          SENATE PUBLIC SAFETY COMMITTEE:  7-0, 3/24/15
          AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

           SUBJECT:   Probation and mandatory supervision:  flash  
                     incarceration


          SOURCE:    Chief Probation Officers of California


          DIGEST:  This bill provides that courts may authorize probation  
          officers to use relatively short periods of jail time, known as  
          "flash incarceration," for violations of probation or mandatory  
          supervision, as specified.


          ANALYSIS:   


          Existing law:


          1)Generally authorizes the use of a penalty known as "flash  
            incarceration" for felons who have been released from prison,  
            are subject to supervision by state parole or county  
            probation, and are believed to have violated a condition of  
            their supervision.  (Penal Code  3008.8; 3450.)    









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          2)Generally authorizes courts to suspend a felony sentence and  
            order the conditional and revocable release of an offender in  
            the community to probation supervision.  (Penal Code  1203.)


          3)Authorizes courts to impose what is known as a "split  
            sentence" on persons convicted of a felony for which any  
            custodial time will be served locally (not in state prison),  
            and where the court imposes a sentence comprised of both time  
            in custody and time subject to what is termed "mandatory  
            supervision" in the community by probation.  (Penal Code   
            1170(h).)


          This bill:


          1)Gives courts the power to authorize a county probation officer  
            to use flash incarceration for any violation of 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.


          2)Requires that 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, the  
            probation officer may address the alleged violation by filing  
            a declaration or revocation request with the court.


          3)Provides that 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."








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          4)Does not apply to defendants subject to Proposition 36 of  
            2000, as specified.


          5)Contains a sunset clause of January 1, 2021. 


          Background


          Two provisions in the "2011 Realignment Legislation Addressing  
          Public Safety" changed the responsibilities of probation.   
          First, realignment provided that some inmates released from  
          state prison would be subject to post release community  
          supervision, performed by probation instead of parole.  Second,  
          realignment provided that certain persons convicted of felonies  
          would not go to prison, but instead would be sentenced to local  
          punishment which could include jail time, mandatory community  
          supervision, or both (a "split sentence").  Mandatory  
          supervision as part of a "split sentence" is done by probation.   



          Realignment authorized both parole and probation to employ  
          "flash incarceration" as an "intermediate sanction" for parole  
          and PRCS violations.  This bill extends this sanction to  
          offenders on probation and mandatory supervision.


          The sponsor of this bill has provided an example demonstrating  
          that, in some jurisdictions, courts now are including flash  
          incarceration authority in their orders for probation and  
          mandatory supervision through the waiver approach proposed by  
          this bill.  


          NOTE:  Please see the policy committee analysis for a full  
            discussion of this bill.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          SUPPORT:   (Verified4/6/15)







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          Chief Probation Officers of California (source)
          California Probation, Parole and Correctional Association
          California State Sheriffs' Association

          OPPOSITION:   (Verified4/6/15)

          California Attorneys for Criminal Justice
          California Public Defenders Association
          Legal Services for Prisoners with Children


          ARGUMENTS IN SUPPORT:  According to the proponents, this bill  
          gives county probation departments the authority to use flash  
          incarceration for a person on probation or mandatory supervision  
          similar to existing authoring for PRCS offenders.  By extending  
          this authority, county probation departments can continue to use  
          this effective, evidence based tool for offenders under their  
          supervision.


          ARGUMENTS IN OPPOSITION:      Opponents state that the "usage of  
          flash incarceration is a waste of state resources when those  
          resources could be better served by focusing on rehabilitation  
          programs such as community education, counseling, and reentry  
          services." 



          Prepared by:Alison Anderson / PUB. S. / 
          4/8/15 15:13:18


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