BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 517|
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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
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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.
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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
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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
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