BILL ANALYSIS                                                                                                                                                                                                    

          |SENATE RULES COMMITTEE            |                        SB 517|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 

          Bill No:  SB 517
          Author:   Monning (D)
          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.


          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  

           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  


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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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