California Legislature—2013–14 Regular Session

Assembly Bill No. 2339

Introduced by Assembly Member Quirk

February 21, 2014

An act to amend Section 1203.2 of the Penal Code, relating to criminal defendants.

LEGISLATIVE COUNSEL’S DIGEST

AB 2339, as introduced, Quirk. Criminal defendants: supervision: summary revocation: tolling.

Existing law allows a probation officer, parole officer, or peace officer to arrest a person without warrant or other process during the period that a person is released on probation, conditional sentence or summary probation, mandatory supervision, postrelease community supervision, or parole supervision, if the officer has probable cause to believe that the supervised person is violating the terms of his or her supervision. Under existing law, the revocation of supervision, summary or otherwise, serves to toll the running of the period of supervision.

This bill would require that all the terms and conditions of supervision remain in effect during the time period that the running of the period of supervision is tolled.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1203.2 of the Penal Code is amended to
read:

1203.2.  

(a) At any time during the period of supervision of a
person (1) released on probation under the care of a probation
officer pursuant to this chapter, (2) released on conditional sentence
or summary probation not under the care of a probation officer,
(3) placed on mandatory supervision pursuant to subparagraph (B)
of paragraph (5) of subdivision (h) of Section 1170, (4) subject to
revocation of postrelease community supervision pursuant to
Section 3455, or (5) subject to revocation of parole supervision
pursuant to Section 3000.08, if any probation officer, parole officer,
or peace officer has probable cause to believe that the supervised
person is violating any term or condition of his or her supervision,
the officer may, without warrant or other process and at any time
until the final disposition of the case, rearrest the supervised person
and bring him or her before the court or the court may, in its
discretion, issue a warrant for his or her rearrest. Upon such
rearrest, or upon the issuance of a warrant for rearrest the court
may revoke and terminate the supervision of the person if the
interests of justice so require and the court, in its judgment, has
reason to believe from the report of the probation or parole officer
or otherwise that the person has violated any of the conditions of
his or her supervision, has become abandoned to improper
associates or a vicious life, or has subsequently committed other
offenses, regardless whether he or she has been prosecuted for
such offenses. However, the court shall not terminate parole
pursuant to this section. Supervision shall not be revoked for failure
of a person to make restitution imposed as a condition of
supervision unless the court determines that the defendant has
willfully failed to pay and has the ability to pay. Restitution shall
be consistent with a person’s ability to pay. The revocation,
summary or otherwise, shall serve to toll the running of the period
of supervision. begin insert All terms and conditions of supervision shall remain
in effect during the time period that the running of the period of
supervision is tolled. end insert

(b) (1) Upon its own motion or upon the petition of the
supervised person, the probation or parole officer, or the district
attorney, the court may modify, revoke, or terminate supervision
of the person pursuant to this subdivision, except that the court
shall not terminate parole pursuant to this section. The court in the
county in which the person is supervised has jurisdiction to hear
the motion or petition, or for those on parole, either the court in
the county of supervision or the court in the county in which the
alleged violation of supervision occurred. A person supervised on
parole or postrelease community supervision pursuant to Section
3455 may not petition the court pursuant to this section for early
release from supervision, and a petition under this section shall
not be filed solely for the purpose of modifying parole. Nothing
in this section shall prohibit the court in the county in which the
person is supervised or in which the alleged violation of supervision
occurred from modifying a person’s parole when acting on the
court’s own motion or a petition to revoke parole. The court shall
give notice of its motion, and the probation or parole officer or the
district attorney shall give notice of his or her petition to the
supervised person, his or her attorney of record, and the district
attorney or the probation or parole officer, as the case may be. The
supervised person shall give notice of his or her petition to the
probation or parole officer and notice of any motion or petition
shall be given to the district attorney in all cases. The court shall
refer its motion or the petition to the probation or parole officer.
After the receipt of a written report from the probation or parole
officer, the court shall read and consider the report and either its
motion or the petition and may modify, revoke, or terminate the
supervision of the supervised person upon the grounds set forth in
subdivision (a) if the interests of justice so require.

(2) The notice required by this subdivision may be given to the
supervised person upon his or her first court appearance in the
proceeding. Upon the agreement by the supervised person in
writing to the specific terms of a modification or termination of a
specific term of supervision, any requirement that the supervised
person make a personal appearance in court for the purpose of a
modification or termination shall be waived. Prior to the
modification or termination and waiver of appearance, the
supervised person shall be informed of his or her right to consult
with counsel, and if indigent the right to secure court appointed
counsel. If the supervised person waives his or her right to counsel
a written waiver shall be required. If the supervised person consults
with counsel and thereafter agrees to a modification, revocation,
or termination of the term of supervision and waiver of personal
appearance, the agreement shall be signed by counsel showing
approval for the modification or termination and waiver.

(c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for
any time within the longest period for which the person might have
been sentenced. However, if the judgment has been pronounced
and the execution thereof has been suspended, the court may revoke
the suspension and order that the judgment shall be in full force
and effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.

(d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon
the revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities if he or she is
otherwise eligible for such commitment.

(e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for
good cause upon motion made before pronouncement of judgment.
If probation has been revoked after the judgment has been
pronounced, the judgment and the order which revoked the
probation may be set aside for good cause within 30 days after the
court has notice that the execution of the sentence has commenced.
If an order setting aside the judgment, the revocation of probation,
or both is made after the expiration of the probationary period, the
court may again place the person on probation for that period and
with those terms and conditions as it could have done immediately
following conviction.

(f) As used in this section, the following definitions shall apply:

(1) “Court” means a judge, magistrate, or revocation hearing
officer described in Section 71622.5 of the Government Code.

(2) “Probation officer” means a probation officer as described
in Section 1203 or an officer of the agency designated by the board
of supervisors of a county to implement postrelease community
supervision pursuant to Section 3451.

(3) “Supervised person” means a person who satisfies any of
the following:

(A) He or she is released on probation subject to the supervision
of a probation officer.

(B) He or she is released on conditional sentence or summary
probation not under the care of a probation officer.

(C) He or she is subject to mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170.

(D) He or she is subject to revocation of postrelease community
supervision pursuant to Section 3455.

(E) He or she is subject to revocation of parole pursuant to
Section 3000.08.

(g) Nothing in this section affects the authority of the supervising
agency to impose intermediate sanctions, including flash
incarceration, to persons supervised on parole pursuant to Section
3000.8 or postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.