BILL NUMBER: AB 1913	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  MARCH 19, 2012

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 22, 2012

   An act to add Section 3455.01 to the Penal Code, relating to
postrelease community supervision.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1913, as amended, Skinner. Postrelease community supervision:
revocation: release on bail.
   Existing law requires that persons released from prison after
serving a prison term for a felony, with exceptions, be released into
postrelease community supervision for a period not exceeding 3
years. Existing law provides for immediate, structured, and
intermediate sanctions to punish violations of an offender's
conditions of postrelease supervision. Existing law allows the
revocation of postrelease supervision by a revocation hearing officer
appointed by the court upon a finding that the person has violated
the conditions of postrelease supervision.
   This bill would allow a person on postrelease supervision who has
a revocation petition filed against him or her to file an application
for bail with the superior court. The bill would provide that bail
pending revocation of postrelease community supervision is a matter
within the sole discretion of the court.  The bill would
provide criteria for the court to follow in determining whether to
grant bail, and would require that public safety and the safety of
the victim be the primary considerations of the court. The bill would
state that   The bill would require a bail application
made pursuant to these provisions to be governed by the procedures
set forth in existing law for the taking of bail and would state that
 nothing in its provisions would prohibit a court from making
any order authorized by  specified provisions of existing law
related to the taking of bail. The bill would further require the
county agency responsible for filing the revocation petition to
promptly notify the district attorney and any victim of an
application for bail filed by a defendant. By imposing additional
duties on a local public agency, the bill would impose a
state-mandated local program   those provisions  .

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3455.01 is added to the Penal Code, to read:
   3455.01.  (a) A person subject to postrelease community
supervision who has had a revocation petition filed against him or
her by the county agency responsible for postrelease community
supervision pursuant to subdivision (a) of Section 3455 may file an
application for bail with the superior court.
   (b) Admittance to bail pending revocation of postrelease community
supervision is a matter within the sole discretion of the court.

   (c) (1) Notwithstanding any other provision of law, when
considering an application for bail under this section, the court
shall take into consideration the following criteria: 

   (A) The nature of the charges constituting the basis for the
revocation petition.  
   (B) The seriousness of any pending criminal charges, including any
alleged use of a firearm or other deadly weapon. 
   (C) The nature of the offense the person was placed on postrelease
community supervision for.  
   (D) The previous criminal history of the defendant. 

   (E) The safety of the public and of any victim or witness and the
victim's or witness' family.  
   (F) Efforts by the applicant toward rehabilitation. 

   (G) The probability the applicant will appear at the revocation
hearing.  
   (H) The ties of the applicant to the community, including his or
her employment, the duration of his or her residence, the applicant's
family attachments, and his or her property holdings. 

   (I) The applicant's record of appearance at past court hearings or
of flight to avoid prosecution.  
   (2) Public safety and the safety of the victim shall be the
primary considerations of the court when deciding whether or not to
grant an application for bail pursuant to this section. 

   (d) The county agency responsible for filing the revocation
petition shall promptly notify the district attorney of the county
and any victim of an application for bail filed pursuant to this
section.  
   (e) Any amount of bail set pursuant to an application under this
section shall be in addition to any other bail amount ordered for any
additional pending criminal charges.  
   (f) Nothing in this section shall prohibit a court from making any
order authorized by Chapter 1 (commencing with Section 1268) of
Title 10 of Part 2.  
   (c) A bail application made pursuant to this section shall be
governed by the procedures set forth in Chapter 1 (commencing with
Section 1268) of Title 10 of Part 2, and nothing in this section
shall prohibit a court from making any order authorized therein.
 
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.