Senate BillNo. 517


Introduced by Senator Monning

February 26, 2015


An act to amend Sections 1203.2, 3000.08, 3056, and 3455 of the Penal Code, relating to supervised persons.

LEGISLATIVE COUNSEL’S DIGEST

SB 517, as introduced, Monning. Supervised persons: release.

Existing law allows a probation officer, parole officer, or peace officer to arrest a person without warrant or other process during the period that a person is released on probation, conditional sentence or summary probation, or mandatory supervision, or when the person is subject to revocation of postrelease community supervision or parole supervision, if the officer has probable cause to believe that the supervised person is violating the terms of his or her supervision.

This bill would allow a court to order the release of a supervised person from custody under any terms and conditions the court deems appropriate whenever a supervised person is arrested, with or without a warrant or the filing of a petition for revocation of supervision, unless the supervised person is otherwise serving a period of flash incarceration. The bill would make conforming changes to other provisions of existing law dealing with the arrest of supervised persons.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1203.2 of the Penal Code is amended to
2read:

P2    1

1203.2.  

(a) At any time during the period of supervision of a
2person (1) released on probation under the care of a probation
3officer pursuant to this chapter, (2) released on conditional sentence
4or summary probation not under the care of a probation officer,
5(3) placed on mandatory supervision pursuant to subparagraph (B)
6of paragraph (5) of subdivision (h) of Section 1170, (4) subject to
7revocation of postrelease community supervision pursuant to
8Section 3455, or (5) subject to revocation of parole supervision
9pursuant to Section 3000.08, if any probation officer, parole officer,
10or peace officer has probable cause to believe that the supervised
11person is violating any term or condition of his or her supervision,
12the officer may, without warrant or other process and at any time
13until the final disposition of the case, rearrest the supervised person
14and bring him or her before the court or the court may, in its
15discretion, issue a warrant for his or her rearrest.begin insert Notwithstanding
16Section 3056, and unless the supervised person is otherwise serving
17a period of flash incarceration, whenever a supervised person who
18is subject to this section is arrested, with or without a warrant or
19the filing of a petition for revocation as described in subdivision
20(b), the court may order the release of a supervised person from
21custody under any terms and conditions the court deems
22appropriate.end insert
Uponbegin delete suchend delete rearrest, or upon the issuance of a warrant
23for rearrestbegin insert,end insert the court may revoke and terminate the supervision
24of the person if the interests of justice so require and the court, in
25its judgment, has reason to believe from the report of the probation
26or parole officer or otherwise that the person has violated any of
27the conditions of his or her supervision, has become abandoned
28to improper associates or a vicious life, or has subsequently
29committed other offenses, regardlessbegin insert ofend insert whether he or she has been
30prosecuted forbegin delete suchend deletebegin insert thoseend insert offenses. However, the court shall not
31terminate parole pursuant to this section. Supervision shall not be
32revoked for failure of a person to make restitution imposed as a
33condition of supervision unless the court determines that the
34defendant has willfully failed to pay and has the ability to pay.
35Restitution shall be consistent with a person’s ability to pay. The
36revocation, summary or otherwise, shall serve to toll the running
37of the period of supervision.

38(b) (1) Upon its own motion or upon the petition of the
39supervised person, the probation or parole officer, or the district
40attorney, the court may modify, revoke, or terminate supervision
P3    1of the person pursuant to this subdivision, except that the court
2shall not terminate parole pursuant to this section. The court in the
3county in which the person is supervised has jurisdiction to hear
4the motion or petition, or for those on parole, either the court in
5 the county of supervision or the court in the county in which the
6alleged violation of supervision occurred. A person supervised on
7parole or postrelease community supervision pursuant to Section
83455 may not petition the court pursuant to this section for early
9release from supervision, and a petition under this section shall
10not be filed solely for the purpose of modifying parole.begin delete Nothing
11in this section shallend delete
begin insert This section does notend insert prohibit the court in the
12county in which the person is supervised or in which the alleged
13violation of supervision occurred from modifying a person’s parole
14when acting on the court’s own motion or a petition to revoke
15parole. The court shall give notice of its motion, and the probation
16or parole officer or the district attorney shall give notice of his or
17her petition to the supervised person, his or her attorney of record,
18and the district attorney or the probation or parole officer, as the
19case may be. The supervised person shall give notice of his or her
20petition to the probation or parole officer and notice of any motion
21or petition shall be given to the district attorney in all cases. The
22court shall refer its motion or the petition to the probation or parole
23officer. After the receipt of a written report from the probation or
24parole officer, the court shall read and consider the report and
25either its motion or the petition and may modify, revoke, or
26terminate the supervision of the supervised person upon the
27grounds set forth in subdivision (a) if the interests of justice so
28require.

29(2) The notice required by this subdivision may be given to the
30supervised person upon his or her first court appearance in the
31proceeding. Upon the agreement by the supervised person in
32writing to the specific terms of a modification or termination of a
33specific term of supervision, any requirement that the supervised
34person make a personal appearance in court for the purpose of a
35modification or termination shall be waived. Prior to the
36modification or termination and waiver of appearance, the
37supervised person shall be informed of his or her right to consult
38with counsel, and if indigent the right to secure court appointed
39counsel. If the supervised person waives his or her right to counsel
40a written waiver shall be required. If the supervised person consults
P4    1with counsel and thereafter agrees to a modification, revocation,
2or termination of the term of supervision and waiver of personal
3appearance, the agreement shall be signed by counsel showing
4approval for the modification or termination and waiver.

5(c) Upon any revocation and termination of probation the court
6may, if the sentence has been suspended, pronounce judgment for
7any time within the longest period for which the person might have
8been sentenced. However, if the judgment has been pronounced
9and the execution thereof has been suspended, the court may revoke
10the suspension and order that the judgment shall be in full force
11and effect. In either case, the person shall be delivered over to the
12proper officer to serve his or her sentence, less any credits herein
13provided for.

14(d) In any case of revocation and termination of probation,
15including, but not limited to, cases in which the judgment has been
16pronounced and the execution thereof has been suspended, upon
17the revocation and termination, the court may, in lieu of any other
18sentence, commit the person to the Department of Corrections and
19Rehabilitation, Division of Juvenile Facilities if he or she is
20otherwise eligible forbegin delete suchend deletebegin insert thatend insert commitment.

21(e) If probation has been revoked before the judgment has been
22pronounced, the order revoking probation may be set aside for
23good cause upon motion made before pronouncement of judgment.
24If probation has been revoked after the judgment has been
25pronounced, the judgment and the order which revoked the
26probation may be set aside for good cause within 30 days after the
27court has notice that the execution of the sentence has commenced.
28If an order setting aside the judgment, the revocation of probation,
29or both is made after the expiration of the probationary period, the
30court may again place the person on probation for that period and
31with those terms and conditions as it could have done immediately
32following conviction.

33(f) As used in this section, the following definitions shall apply:

34(1) “Court” means a judge, magistrate, or revocation hearing
35officer described in Section 71622.5 of the Government Code.

36(2) “Probation officer” means a probation officer as described
37in Section 1203 or an officer of the agency designated by the board
38of supervisors of a county to implement postrelease community
39supervision pursuant to Section 3451.

P5    1(3) “Supervised person” means a person who satisfies any of
2the following:

3(A) He or she is released on probation subject to the supervision
4of a probation officer.

5(B) He or she is released on conditional sentence or summary
6probation not under the care of a probation officer.

7(C) He or she is subject to mandatory supervision pursuant to
8subparagraph (B) of paragraph (5) of subdivision (h) of Section
91170.

10(D) He or she is subject to revocation of postrelease community
11supervision pursuant to Section 3455.

12(E) He or she is subject to revocation of parole pursuant to
13Section 3000.08.

14(g) begin deleteNothing in this section affects end deletebegin insertTend insertbegin inserthis section does not affect end insert
15the authority of the supervising agency to impose intermediate
16sanctions, including flash incarceration, to persons supervised on
17parole pursuant to Section 3000.8 or postrelease community
18supervision pursuant to Part 3 (commencing with Section 3450)
19of Title 2.05.

20

SEC. 2.  

Section 3000.08 of the Penal Code is amended to read:

21

3000.08.  

(a) A person released from state prison prior to or
22on or after July 1, 2013, after serving a prison term, or whose
23sentence has been deemed served pursuant to Section 2900.5, for
24any of the following crimes is subject to parole supervision by the
25Department of Corrections and Rehabilitation and the jurisdiction
26of the court in the county in which the parolee is released, resides,
27or in which an alleged violation of supervision has occurred, for
28the purpose of hearing petitions to revoke parole and impose a
29term of custody:

30(1) A serious felony as described in subdivision (c) of Section
311192.7.

32(2) A violent felony as described in subdivision (c) of Section
33667.5.

34(3) A crime for which the person was sentenced pursuant to
35paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
36of subdivision (c) of Section 1170.12.

37(4) Any crime for which the person is classified as a high-risk
38sex offender.

P6    1(5) Any crime for which the person is required, as a condition
2of parole, to undergo treatment by the State Department of State
3Hospitals pursuant to Section 2962.

4(b) Notwithstanding any other law, all other offenders released
5from prison shall be placed on postrelease supervision pursuant
6to Title 2.05 (commencing with Section 3450).

7(c) At any time during the period of parole of a person subject
8to this section, if any parole agent or peace officer has probable
9cause to believe that the parolee is violating any term or condition
10of his or her parole, the agent or officer may, without warrant or
11other process and at any time until the final disposition of the case,
12arrest the person and bring him or her before the court, or the court
13may, in its discretion, issue a warrant for that person’s arrest
14pursuant to Section 1203.2.begin insert Notwithstanding Section 3056, and
15unless the parolee is otherwise serving a period of flash
16incarceration, whenever a supervised person who is subject to this
17section is arrested, with or without a warrant or the filing of a
18petition for revocation as described in subdivision (f), the court
19may order the release of the parolee from custody under any terms
20and conditions the court deems appropriate.end insert

21(d) Upon review of the alleged violation and a finding of good
22cause that the parolee has committed a violation of law or violated
23his or her conditions of parole, the supervising parole agency may
24impose additional and appropriate conditions of supervision,
25including rehabilitation and treatment services and appropriate
26incentives for compliance, and impose immediate, structured, and
27intermediate sanctions for parole violations, including flash
28incarceration in a city or a county jail. Periods of “flash
29incarceration,” as defined in subdivision (e) are encouraged as one
30method of punishment for violations of a parolee’s conditions of
31parole. This section does not preclude referrals to a reentry court
32pursuant to Section 3015.

33(e) “Flash incarceration” is a period of detention in a city or a
34county jail due to a violation of a parolee’s conditions of parole.
35The length of the detention period can range between one and 10
36consecutive days. Shorter, but if necessary more frequent, periods
37of detention for violations of a parolee’s conditions of parole shall
38appropriately punish a parolee while preventing the disruption in
39a work or home establishment that typically arises from longer
40periods of detention.

P7    1(f) If the supervising parole agency has determined, following
2application of its assessment processes, that intermediate sanctions
3up to and including flash incarceration are not appropriate, the
4supervising parole agency shall, pursuant to Section 1203.2,
5petition either the court in the county in which the parolee is being
6supervised or the court in the county in which the alleged violation
7of supervision occurred, to revoke parole. At any point during the
8process initiated pursuant to this section, a parolee may waive, in
9writing, his or her right to counsel, admit the parole violation,
10waive a court hearing, and accept the proposed parole modification
11or revocation. The petition shall include a written report that
12contains additional information regarding the petition, including
13the relevant terms and conditions of parole, the circumstances of
14the alleged underlying violation, the history and background of
15the parolee, and any recommendations. The Judicial Council shall
16adopt forms and rules of court to establish uniform statewide
17procedures to implement this subdivision, including the minimum
18contents of supervision agency reports. Upon a finding that the
19person has violated the conditions of parole, the court shall have
20authority to do any of the following:

21(1) Return the person to parole supervision with modifications
22of conditions, if appropriate, including a period of incarceration
23in county jail.

24(2) Revoke parole and order the person to confinement in the
25county jail.

26(3) Refer the person to a reentry court pursuant to Section 3015
27or other evidence-based program in the court’s discretion.

28(g) Confinement pursuant to paragraphs (1) and (2) of
29subdivision (f) shall not exceed a period of 180 days in the county
30jail.

31(h) Notwithstanding any other law, if Section 3000.1 or
32paragraph (4) of subdivision (b) of Section 3000 applies to a person
33who is on parole and the court determines that the person has
34committed a violation of law or violated his or her conditions of
35parole, the person on parole shall be remanded to the custody of
36the Department of Corrections and Rehabilitation and the
37jurisdiction of the Board of Parole Hearings for the purpose of
38future parole consideration.

39(i) Notwithstanding subdivision (a), any of the following persons
40released from state prison shall be subject to the jurisdiction of,
P8    1and parole supervision by, the Department of Corrections and
2Rehabilitation for a period of parole up to three years or the parole
3term the person was subject to at the time of the commission of
4the offense, whichever is greater:

5(1) The person is required to register as a sex offender pursuant
6to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
71, and was subject to a period of parole exceeding three years at
8the time he or she committed a felony for which they were
9convicted and subsequently sentenced to state prison.

10(2) The person was subject to parole for life pursuant to Section
113000.1 at the time of the commission of the offense that resulted
12in a conviction and state prison sentence.

13(j) Parolees subject to this section who have a pending
14adjudication for a parole violation on July 1, 2013, are subject to
15the jurisdiction of the Board of Parole Hearings. Parole revocation
16proceedings conducted by the Board of Parole Hearings prior to
17July 1, 2013, if reopened on or after July 1, 2013, are subject to
18the jurisdiction of the Board of Parole Hearings.

19(k) Except as described in subdivision (c), any person who is
20convicted of a felony that requires community supervision and
21who still has a period of state parole to serve shall discharge from
22state parole at the time of release to community supervision.

23(l)  Any person released to parole supervision pursuant to
24subdivision (a) shall, regardless of any subsequent determination
25that the person should have been released pursuant to subdivision
26(b), remain subject to subdivision (a) after having served 60 days
27under supervision pursuant to subdivision (a).

begin delete

28(m) This section shall become operative on July 1, 2013.

end delete
29

SEC. 3.  

Section 3056 of the Penal Code is amended to read:

30

3056.  

(a) Prisoners on parole shall remain under the
31supervision of the department but shall not be returned to prison
32except as provided in subdivision (b) or as provided by subdivision
33(c) of Section 3000.09. A parolee awaiting a parole revocation
34hearing may be housed in a county jail while awaiting revocation
35proceedings. If a parolee is housed in a county jail, he or she shall
36be housed in the county in which he or she was arrested or the
37county in which a petition to revoke parole has been filed or, if
38there is no county jail in that county, in the housing facility with
39which that county has contracted to house jail inmates.
40Additionally, except as provided by subdivision (c) of Section
P9    13000.09, upon revocation of parole, a parolee may be housed in a
2county jail for a maximum of 180 days per revocation. When
3housed in county facilities, parolees shall be under the sole legal
4custody and jurisdiction of local county facilities. A parolee shall
5remain under the sole legal custody and jurisdiction of the local
6county or local correctional administrator, even if placed in an
7alternative custody program in lieu of incarceration, including, but
8not limited to, work furlough and electronic home detention. When
9a parolee is under the legal custody and jurisdiction of a county
10facility awaiting parole revocation proceedings or upon revocation,
11he or she shall not be under the parole supervision or jurisdiction
12of the department.begin insert Unless otherwise serving a period of flash
13incarceration, whenever a parolee who is subject to this section
14has been arrested, with or without a warrant or the filing of a
15petition for revocation with the court, the court may order the
16release of the parolee from custody under any terms and conditions
17the court deems appropriate.end insert
When released from the county
18facility or county alternative custody program following a period
19of custody for revocation of parole or because no violation of
20parole is found, the parolee shall be returned to the parole
21supervision of the department for the duration of parole.

22(b) Inmates paroled pursuant to Section 3000.1 may be returned
23to prison following the revocation of parole by the Board of Parole
24Hearings until July 1, 2013, and thereafter by a court pursuant to
25Section 3000.08.

26(c) A parolee who is subject to subdivision (a) but who is under
2718 years of age may be housed in a facility of the Division of
28Juvenile Facilities.

29

SEC. 4.  

Section 3455 of the Penal Code is amended to read:

30

3455.  

(a) If the supervising county agency has determined,
31following application of its assessment processes, that intermediate
32sanctions as authorized in subdivision (b) of Section 3454 are not
33appropriate, the supervising county agency shall petition the court
34pursuant to Section 1203.2 to revoke, modify, or terminate
35postrelease community supervision. At any point during the process
36initiated pursuant to this section, a person may waive, in writing,
37his or her right to counsel, admit the violation of his or her
38postrelease community supervision, waive a court hearing, and
39accept the proposed modification of his or her postrelease
40community supervision. The petition shall include a written report
P10   1that contains additional information regarding the petition,
2including the relevant terms and conditions of postrelease
3community supervision, the circumstances of the alleged
4underlying violation, the history and background of the violator,
5and any recommendations. The Judicial Council shall adopt forms
6and rules of court to establish uniform statewide procedures to
7implement this subdivision, including the minimum contents of
8supervision agency reports. Upon a finding that the person has
9violated the conditions of postrelease community supervision, the
10revocation hearing officer shall have authority to do all of the
11following:

12(1) Return the person to postrelease community supervision
13with modifications of conditions, if appropriate, including a period
14of incarceration inbegin insert aend insert county jail.

15(2) Revoke and terminate postrelease community supervision
16and order the person to confinement inbegin delete theend deletebegin insert aend insert county jail.

17(3) Refer the person to a reentry court pursuant to Section 3015
18or other evidence-based program in the court’s discretion.

19(b) (1) At any time during the period of postrelease community
20supervision, ifbegin delete anyend deletebegin insert aend insert peace officer has probable cause to believe
21a person subject to postrelease community supervision is violating
22any term or condition of his or her release, the officer may, without
23a warrant or other process, arrest the person and bring him or her
24before the supervising county agency established by the county
25board of supervisors pursuant to subdivision (a) of Section 3451.
26Additionally, an officer employed by the supervising county agency
27may seek a warrant and a court or its designated hearing officer
28appointed pursuant to Section 71622.5 of the Government Code
29shall have the authority to issue a warrant for that person’s arrest.

30(2) The court or its designated hearing officer shall have the
31authority to issue a warrant forbegin delete anyend deletebegin insert aend insert person who is the subject of
32a petition filed under this section who has failed to appear for a
33hearing on the petition or for any reason in the interests of justice,
34or to remand to custody a person who does appear at a hearing on
35the petition for any reason in the interests of justice.

begin insert

36(3) Unless a person subject to postrelease community
37supervision is otherwise serving a period of flash incarceration,
38whenever a person who is subject to this section is arrested, with
39or without a warrant or the filing of a petition for revocation, the
40court may order the release of the person under supervision from
P11   1custody under any terms and conditions the court deems
2appropriate.

end insert

3(c) The revocation hearing shall be held within a reasonable
4time after the filing of the revocation petition.begin delete Basedend deletebegin insert Except as
5provided in paragraph (3) of subdivision (b), basedend insert
upon a showing
6of a preponderance of the evidence that a person under supervision
7poses an unreasonable risk to public safety, orbegin insert thatend insert the person may
8not appear if released from custody, or for any reason in the
9interests of justice, the supervising county agency shall have the
10authority to make a determination whether the person should
11remain in custody pending the first court appearance on a petition
12to revoke postrelease community supervision, and upon that
13determination, may order the person confined pending his or her
14first court appearance.

15(d) Confinement pursuant to paragraphs (1) and (2) of
16subdivision (a) shall not exceed a period of 180 days inbegin delete theend deletebegin insert aend insert
17 county jail for each custodial sanction.

18(e) A person shall not remain under supervision or in custody
19pursuant to this title on or after three years from the date of the
20person’s initial entry onto postrelease community supervision,
21except when his or her supervision is tolled pursuant to Section
221203.2 or subdivision (b) of Section 3456.



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