BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 517| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 517 Author: Monning (D) Introduced:2/26/15 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15 AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone NO VOTE RECORDED: Liu SUBJECT: Supervised persons: release SOURCE: Judicial Council of California DIGEST: This bill authorizes a court to release a person on mandatory supervision, post release community supervision or parole who has been alleged to have violated a condition of supervision, unless the supervised person is serving a term of flash incarceration. ANALYSIS: Existing law: 1) Requires certain persons released from prison on or after October 1, 2011, be subject to parole under the supervision of the California Department of Corrections (CDCR), as specified. 2) Requires certain offenders released from prison on or after SB 517 Page 2 October 1, 2011, to be placed on post release community supervision (PRCS) under the supervision of probation, as specified. (Pen. Code § 3000.08(b).) 3) Limits PRCS to three years. (Pen. Code § 3451(a).) 4) Provides for intermediate sanctions for violating the terms of PRCS, including "flash incarceration" for up to 10 days. (Pen. Code § 3454.) 5) Specifies that if PRCS is revoked, the offender may be incarcerated in the county jail for a period not to exceed 180 days for each custodial sanction. (Pen. Code § 3455, subd. (d).) 6) Prohibits the return of an offender to prison for the violation of conditions of PRCS. (Pen. Code § 3458.) 7) Specifies that a parolee held in custody for a pending parole violation on or after October 1, 2011, will be returned to county jail, rather than state prison, for up to 180 days of incarceration per revocation. (Pen. Code § 3056, subd. (a).) 8) 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.) 9) Authorizes county agencies responsible for supervising persons subject to PRCS to manage them in the community, as specified. SB 517 Page 3 10) Authorizes the use of flash incarceration on parolees, who are supervised by state parole. (Pen. Code § 3008.08, subds. (d), (e) and (f).) This bill: 1) Provides that if a person under supervision is alleged to have violated the terms of probation, mandatory supervision, post release community supervision or parole, the court may order release of the person under any terms and conditions the court deems appropriate. 2) Provides that the authority and discretion of the court to release a person facing a revocation hearing does not apply if the person is serving a period of flash incarceration. NOTE: Please see the policy committee analysis for a full discussion of this bill. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified4/16/15) Judicial Council of California (source) California Attorneys for Criminal Justice California Public Defenders Association California Judges Association Legal Services for Prisoners with Children OPPOSITION: (Verified4/16/15) None received SB 517 Page 4 ARGUMENTS IN SUPPORT: The author states in part: "SB 517 will provide the courts with discretion when determining the custody status of an individual on probation, parole, or post release community supervision who is placed in county jail on a parole hold for violating their terms of supervision. This measure will correct an oversight of realignment and ensure that courts have the same authority CDCR had prior to realignment." Prepared by:Alison Anderson / PUB. S. / 4/17/15 14:25:03 **** END ****