BILL ANALYSIS �
AB 1913
Page 1
ASSEMBLY THIRD READING
AB 1913 (Skinner)
As Amended May 25, 2012
Majority vote
PUBLIC SAFETY 5-0 APPROPRIATIONS 11-6
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|Ayes:|Ammiano, Cedillo, Hagman, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Donnelly, Gatto, |
| | | |Nielsen, Norby, Wagner |
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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)Provides that a bail application under this section shall be
governed by existing procedures for the setting of bail, and
that nothing in this section shall prohibit a court from
making any orders authorized under those procedures.
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.
2)Places limitations on bail in violent-felony or
felony-sexual-assault cases. A defendant has no right to be
AB 1913
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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.
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.
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.
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.
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.
7)Prohibits excessive bail.
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.
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.
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.
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
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be punished by a fine of up to $5,000, or by imprisonment of
up to one year, or both a fine and imprisonment.
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.
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor state costs, as arguably courts
can do this now, and in any case are not likely to grant many
PRCS bail applications.
COMMENTS : 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0003834