BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 266


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          SENATE THIRD READING


          SB  
          266 (Block)


          As Amended  June 27, 2016


          Majority vote


          SENATE VOTE:  36-1


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Authorizes the use of a sanction known as "flash  
          incarceration" to defendants granted probation or placed on  
          mandatory supervision.  Specifically, this bill:  


          1)Provides that in any case where the court grants probation or  
            imposes a sentence that includes mandatory supervision, the  
            county probation department is authorized to use flash  








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            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.


          2)Prohibits the denial of probation for refusal to sign a waiver  
            agreeing to flash incarceration.


          3)Requires each county probation department to develop a  
            response matrix that establishes protocols for the imposition  
            of graduated sanctions for violations of the conditions of  
            probation to determine appropriate interventions to include  
            the use of flash incarceration.


          4)Requires a probation department supervisor to approve a term  
            of flash incarceration before its imposition.


          5)Requires the probation department to notify the court, public  
            defender, district attorney, and sheriff upon a decision to  
            impose a period of flash incarceration.


          6)States that if the defendant does not agree to accept a  
            recommended period of flash incarceration, then the probation  
            officer may address the alleged violation by filing a  
            declaration or revocation request with the court.


          7)Defines "flash incarceration" as "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  








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            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."


          8)States that in cases where there are multiple violations in a  
            single incident, only one flash incarceration booking is  
            authorized and may range between one and 10 consecutive days.


          9)Excludes application of flash incarceration to any defendant  
            convicted of a nonviolent drug possession offense who receives  
            probation under Proposition 36 of 2000.


          10)Provides that if the supervised person's probation or  
            mandatory supervision is revoked, credits earned for a period  
            of flash incarceration count towards the term to be served.


          11)Sunsets these provisions on January 1, 2021.


          EXISTING LAW:  


          1)Authorizes intermediate sanctions, including flash  
            incarceration, to be imposed on inmates released from prison  
            after July 1, 2013 and subject to parole.  


          2)Authorizes intermediate sanctions, including flash  
            incarceration, for violating the terms of post-release  
            community supervision (PRCS).  


          3)Defines "flash incarceration" as a period of detention in a  
            city or county jail due to a violation of a person's  








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            conditions of parole or PRCS.  The length of the detention  
            period can range between one and 10 consecutive days in a  
            county jail.  


          4)Requires a person placed on PRCS to agree to specified  
            conditions of release, including the waiver of the right to a  
            court hearing prior to the imposition of a period of flash  
            incarceration for any violation of his or her PRCS conditions.  
             


          5)Authorizes, as a general matter, the court to suspend a felony  
            sentence and order the conditional and revocable release of  
            the defendant in the community to probation supervision.  


          6)Provides if any probation officer, parole officer, or peace  
            officer has probable cause to believe that a supervised person  
            is violating any term or condition of his/her supervision, the  
            officer may arrest the person without a warrant at any time  
            and bring the person before the court for further disposition  
            such as modification, revocation or termination of the  
            person's supervision, as specified.


          7)Gives the sentencing judge discretion to impose two types of  
            sentences to county jail.  The court may commit the defendant  
            for the entire term allowed by law, or the court may impose a  
            "split sentence" in which part of the term is served in  
            custody and the remaining part of the term is comprised of a  
            period of mandatory supervision.  However, the presumption is  
            that the defendant shall receive a split sentence, unless the  
            court finds that, in the interests of justice, it is not  
            appropriate in a particular case.  


          8)States that the traditional procedures used for violations of  
            probation will now be applicable to violations of mandatory  








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            supervision.  Also states that procedures used to modify  
            probation are applicable to modify the conditions of mandatory  
            supervision.  


          FISCAL EFFECT:  Unknown. This bill is keyed non-fiscal by the  
          Legislative Counsel.




          COMMENTS:  According to the author, "The passage of Realignment  
          in 2011 overhauled how certain convicted felons would serve  
          their sentences with a strong emphasis on rehabilitation and  
          keeping these offenders in their local communities.  As a  
          result, probation departments now have the responsibility to  
          supervise Post-Release Community Supervision (PRCS) offenders,  
          along with persons on mandatory supervision. 


          "A tool currently afforded to probation departments to supervise  
          Post-Release Community Supervision (PRCS) offenders that has  
          been successful is the use of flash incarceration.  This  
          immediate, evidence-based tool, allows departments to address  
          serious violations of a condition of probation while minimally  
          disrupting the offenders' rehabilitation progress. 


          "Currently however, the use of flash incarceration is not  
          authorized on individuals under mandatory supervision (MS) or  
          those on probation.  The result is that when an individual under  
          MS or probation commits a serious violation of a condition of  
          probation, the only existing mechanism to address these  
          violations is to initiate a petition for revocation of  
          probation.  The revocation process disrupts offenders'  
          rehabilitation by removing them from their jobs, re-entry  
          programs, school, and/or family for a much longer period of time  
          compared to the use of flash incarceration. 









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          "By authorizing flash incarceration on MS and probationers, SB  
          266 will provide an additional tool to local probation  
          departments to address serious violations of a condition of  
          probation while not disrupting an individual's progress to  
          re-entry.  Flash incarceration requires an individual to serve  
          up to 10 days in county jail after a violation is found. 


          "The bill has recently been amended to do several important  
          things.  First, it will allow a person to decline flash at any  
          time and choose to go the traditional court hearing route via a  
          petition for revocation.  Second, it prohibits probation from  
          being denied for refusal to sign the waiver.  Third, it sets  
          forth a notification process to stakeholders upon an imposition  
          of flash, requires development of a local response matrix based  
          on evidence based practices, and requires supervisor approval of  
          the imposition of flash.  Additionally, the bill clarifies that  
          while credits are not applied during a period of flash  
          incarceration, credits earned during a period of flash would be  
          applied to a custody term if the person on probation or  
          mandatory supervision was revoked.  Lastly, the bill includes a  
          sunset date of 2022.


          "SB 266 utilizes evidence-based intermediate sanctions which  
          balances holding offenders accountable while focusing on shorter  
          and few disruptions from work, home, and programming"


          Analysis Prepared by:                                             
          Sandy Uribe / PUB. S. / (916) 319-3744  FN: 0003515















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