AB 2616, as introduced, Lowenthal. Postrelease community supervision.
Existing law, the Postrelease Community Supervision Act of 2011, requires certain inmates released from state prison to be subject to supervision by a county agency. The act provides that if the supervising county agency has determined, following application of its assessment processes, that authorized intermediate sanctions are not appropriate, the supervising county agency is required to petition the court, as specified, to revoke, modify, or terminate postrelease supervision.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3455 of the Penal Code is amended to
2read:
(a) If the supervising county agency has determined,
4following application of its assessment processes, that intermediate
5sanctions as authorized in subdivision (b) of Section 3454 are not
P2 1appropriate, the supervising county agency shall petition the court
2pursuant to Section 1203.2 to revoke, modify, or terminate
3postrelease community supervision. At any point during the process
4initiated pursuant to this section, a person may waive, in writing,
5his or her right to counsel, admit the violation of his or her
6postrelease community supervision, waive a court hearing, and
7accept the proposed modification of his or her postrelease
8community supervision. The petition shall include a written report
9that contains additional information regarding the petition,
10including the relevant terms and conditions of postrelease
11community
supervision, the circumstances of the alleged
12underlying violation, the history and background of the violator,
13and any recommendations. The Judicial Council shall adopt forms
14and rules of court to establish uniform statewide procedures to
15implement this subdivision, including the minimum contents of
16supervision agency reports. Upon a finding that the person has
17violated the conditions of postrelease community supervision, the
18revocation hearing officer shall have authority to do all of the
19following:
20(1) Return the person to postrelease community supervision
21with modifications of conditions, if appropriate, including a period
22of incarceration in county jail.
23(2) Revoke and terminate postrelease community supervision
24and order the person to confinement in the county jail.
25(3) Refer the person to a reentry court
pursuant to Section 3015
26or other evidence-based program in the court’s discretion.
27(b) (1) At any time during the period of postrelease community
28supervision, ifbegin delete anyend deletebegin insert aend insert peace officer has probable cause to believe
29a person subject to postrelease community supervision is violating
30any term or condition of his or her release, the officer may, without
31a warrant or other process, arrest the person and bring him or her
32before the supervising county agency established by the county
33board of supervisors pursuant to subdivision (a) of Section 3451.
34Additionally, an officer employed by the supervising county agency
35may seek a warrant and a court or its designated hearing officer
36appointed pursuant to Section 71622.5 of the Government Code
37shall
have the authority to issue a warrant for that person’s arrest.
38(2) The court or its designated hearing officer shall have the
39authority to issue a warrant forbegin delete anyend deletebegin insert
aend insert person who is the subject of
40a petition filed under this section who has failed to appear for a
P3 1hearing on the petition or for any reason in the interests of justice,
2or to remand to custody a person who does appear at a hearing on
3the petition for any reason in the interests of justice.
4(c) The revocation hearing shall be held within a reasonable
5time after the filing of the revocation petition. Based upon a
6showing of a preponderance of the evidence that a person under
7supervision poses an unreasonable risk to public safety, orbegin insert thatend insert the
8person may not appear if released from custody, or for any reason
9in the interests of justice, the supervising county agency shall have
10the authority to make a determination whether the person should
11remain in custody pending the first court appearance on a
petition
12to revoke postrelease community supervision, and upon that
13determination, may order the person confined pending his or her
14first court appearance.
15(d) Confinement pursuant to paragraphs (1) and (2) of
16subdivision (a) shall not exceed a period of 180 days inbegin delete theend deletebegin insert aend insert
17 county jail for each custodial sanction.
18(e) A person shall not remain under supervision or in custody
19pursuant to this title on or after three years from the date of the
20person’s initial entry onto postrelease community supervision,
21except when his or her supervision is tolled pursuant to Section
221203.2 or subdivision (b) of Section 3456.
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