BILL ANALYSIS �
AB 1913
Page 1
Date of Hearing: March 27, 2012
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1913 (Skinner) - As Amended: March 19, 2012
SUMMARY : Allows a person on post-release community supervision
(PRCS) with a pending revocation petition to make an application
for bail pending the revocation hearing. Specifically, this
bill :
1)Allows a person subject to PRCS who has had a revocation
petition filed against him or her to make an application for
bail in the superior court.
2)Specifies that admittance to bail pending revocation of PRCS
is discretionary.
3)Enumerates the criteria the court must consider when deciding
whether to grant bail pending revocation of PRCS as:
a) The nature of the charges which are 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 original commitment offense;
d) The applicant's prior criminal history;
e) The safety of the public and of any victim or witness
and the victim's or witness' family, with this being the
primary consideration;
f) Efforts by the applicant toward rehabilitation;
g) The probability the applicant will appear;
h) The ties of the applicant to the community, including
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the applicant's employment, duration of residence, family
attachments, and property holdings; and
i) The applicant's record of appearances at past court
hearings, or of flight to avoid prosecution.
4)Requires the county agency responsible for filing the
revocation petition to promptly notify the district attorney
and any victim of an application for bail pending revocation
of PRCS.
5)Provides that any amount of bail set pursuant to this section
shall be in addition to any other bail amount ordered for any
additional pending criminal charges.
6)Specifies that the court retains the authority to make any
orders authorized by Chapter 1 of Title 10 of Part 2 of the
Penal Code, commencing with section 1268.
EXISTING LAW :
1)Provides that a defendant who is charged with a noncapital
offense may be admitted to bail before conviction as a matter
of right. �Cal. Const., art. I, sec. 12; Penal Code Section
1271.]
2)Places limitations on bail in violent-felony or
felony-sexual-assault cases. A defendant has no right to be
released on bail in these cases if the facts are clear or the
presumption is great and if the court finds, based on clear
and convincing evidence, that there is a substantial
likelihood that the person's release would result in great
bodily harm to others. �Cal. Const., art. I, sec. 12(b);
Penal Code Section 292.]
3)Gives the court discretion to release a person on his or her
own recognizance, except if the person has been charged with a
capital offense. �Cal. Const., art. I, sec. 12; Penal Code
Section 1270.]
4)Provides that a person charged with a misdemeanor is entitled
to an own recognizance release, unless the court makes a
finding that such release will compromise public safety or
will not reasonably ensure the defendant's appearance. �Penal
Code Section 1270.]
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5)Lists several factors that the court must consider in setting,
reducing, or denying bail: the protection of the public, the
seriousness of the charged offense, the defendant's prior
criminal record, and the probability of his or her appearing
at trial or hearing of the case. Public safety is the primary
consideration. �Penal Code Section 1275.]
6)Allows the court to set bail in an amount that is either more
or less than the amount in the bail schedule and on other
terms and conditions it deems appropriate. �Penal Code
Section 1269c.]
7)Prohibits excessive bail. �Cal. Const., art. I, sec. 12.]
8)Allows a defendant who has been convicted of an offense not
punishable by death to seek a release on bail pending an
application for probation or an appeal. �Penal Code Section
1272.]
9)Provides that a defendant subject to a parole hold is not
entitled to release on bail, even though the criminal charge
triggering the hold is a bailable offense. (In re Law (1973)
10 Cal.3d 21, 26.]
10)Provides that a person who is released on his or her own
recognizance pending a misdemeanor charge and who willfully
fails to appear in court in order to evade the court process
is guilty of a misdemeanor. �Penal Code Section 1320(a).]
11)Provides that a person who is released on his or her own
recognizance pending a felony charge and who willfully fails
to appear in court in order to evade the court process shall
be punished by a fine of up to $5,000, or by imprisonment of
up to one year, or both a fine and imprisonment. �Penal Code
Section 1320(b).]
12)Provides that a person who is released on bail pending a
felony charge and who willfully fails to appear in court in
order to evade the court process is guilty of a felony.
�Penal Code Section 1320.5.]
13)Provides that inmates released from prison who are not
required to be on parole are subject to up to three years of
local supervision. �Penal Code Section 3451.]
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14)Allows the supervising county agency to file a petition to
revoke PRCS where the supervised person has violated the terms
of his or her release. �Penal Code Section 3455.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author," AB 1913 helps
to reduce overcrowding in county jails with all due
consideration for public safety. The bill allows individuals
to return to their families, jobs, etc. and to rehabilitate
while proving that they can provide valuable contributions to
society."
2)Release of Inmates After Criminal Justice Realignment : Parole
for inmates released from prison on or after October 1, 2011,
is limited to those defendants whose term was for a serious or
violent felony, where serving a three-strike sentence, are
classified as high-risk sex offenders; are required to undergo
treatment as mentally disordered offenders; or who, while on
certain paroles, commit new offenses. �Penal Code Sections
3000.08(a) and 3451(b).] Also subject to state parole are
inmates who were sex offender registrants on parole for a term
over three years when they committed the offense for which
they are being released, and defendants who were specified
lifetime parole when they committed the offense for which they
are being released. �Penal Code Section 3000.08(c).] These
parolees remain supervised by the Department of Corrections
and Rehabilitation (CDCR).
All other offenders released from prison are placed on PRCS.
�Penal Code Sections 3000.08(b) and 3451(a).] These offenders
are subject to up to three years of local supervision. �Penal
Code Section 3451(a).] There are mandatory conditions of
release, much like probation conditions. �Penal Code Section
3453.] PRCS provides for lesser or "intermediate" sanctions
before PRCS is revoked for a violation. This includes "flash
incarceration" for up to 10 days. �Penal Code Section 3454.]
The supervising county agency (most likely the probation
department) may file a petition to revoke PRCS where the
supervised person has violated the terms of release. �Penal
Code Section 3455(a).] If PRCS is revoked, the hearing
officer can impose a county-jail sentence of up to 180 days.
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�Penal Code Section 3455(c).] The offender cannot be returned
to state prison. �Penal Code Section 3458.] CDCR does not
have supervision of a person who is under PRCS. �Penal Code
Section 3457.]
3)Argument in Support : According to Aladdin Bail Bonds , "This
bill would only apply to felons who have previously been
convicted, have subsequently been released from incarceration
subject to certain conditions, and have been accused of
violating those conditions. Since such felons have
demonstrated that they may not be able to comply with
conditions of release, trial courts may elect to return them
to custody. However, given the limited space in local jails,
allowing trial courts to permit some of these felons to be
released on bail will strike an appropriate balance between
public safety and the need to manage jail populations. The
bail industry has a proven history of ensuring that the person
for whom they execute bail bonds are returned to court so that
the accusations against them can be promptly adjudicated.
"This bill will provide trial courts with another tool to deal
with the impacts of AB 109, and ensure that communities are
safe from felons who cannot comply with the conditions of
their release."
4)Argument in Opposition : According to the California
Probation, Parole and Correctional Association (CPPCA) , "While
we share the same concerns as it relates to available space in
county jails, CPPCA takes into account that once an inmate has
violated the conditions of their release, they have already
exhausted and taken all steps with regard to treatment
services and other rehabilitative resources available to them.
In this scenario revocation is the last resort. In addition,
the county agency responsible for filing revocation is the
probation department who would now have to give notice to the
District Attorney and other stakeholders, thus adversely
affecting their workload."
5)Prior Legislation :
a) AB 109 (Committee on Budget), Chapter 15, Statutes of
2011, created the Postrelease Community Supervision Act,
which provides, among other things, that inmates released
from prison who are not required to be on parole are
subject to up to three years of local supervision.
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b) AB 117 (Committee on Budget), Chapter 39, Statutes of
2011, amended some provisions of the Postrelease Community
Supervision Act.
REGISTERED SUPPORT / OPPOSITION :
Support
Aladdin Bail Bonds (Co-Sponsor)
American Bail Coalition (Co-Sponsor)
California Public Defenders Association
Crime Victims United of California
Opposition
California Probation Officers of California
California Probation, Parole and Correctional Association
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744