Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2616

Introduced by Assembly Member Lowenthal

February 21, 2014

An act to amend Section begin delete 3455 end delete begin insert 3453 end insert of the Penal Code, relating to postrelease community supervision.

LEGISLATIVE COUNSEL’S DIGEST

AB 2616, as amended, Lowenthal. Postrelease community begin delete supervision. end delete begin insert supervision: notification of penalties for violatio end insert begin insert n. end insert

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 begin delete 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 end delete begin insert specifies the conditions of postrelease community supervision, including, among others, requiring that the person released be informed of the conditions of his or her release end insert . begin insert Existing law permits each county agency responsible for postrelease supervision to determine an appropriate response to alleged violations of those conditions, including flash incarceration in a city or county jail. Existing law defines flash incarceration as a period of detention in a city or county jail ranging from one to 10 days due to a violation of an offender’s conditions of postrelease supervision. end insert

This bill would begin delete make technical, nonsubstantive changes to those provisions end delete begin insert additionally require, as a condition of postrelease community supervision, that the person released be informed of the penalties for violation of the conditions of postrelease community supervision, including, but not limited to, the potential for flash incarceration without a court hearing end insert . begin insert By increasing the duties of local officials, the bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3453 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

3453.  

Postrelease community supervision shall include the
following conditions:

(a) The person shall be informed of the conditions of release
begin insert and penalties for violation of those conditions, including, but not
limited to, the potential for flash incarceration without a court
hearing end insert .

(b) The person shall obey all laws.

(c) The person shall report to the supervising county agency
within two working days of release from custody.

(d) The person shall follow the directives and instructions of
the supervising county agency.

(e) The person shall report to the supervising county agency as
directed by that agency.

(f) The person, and his or her residence and possessions, shall
be subject to search at any time of the day or night, with or without
a warrant, by an agent of the supervising county agency or by a
peace officer.

(g) The person shall waive extradition if found outside the state.

(h) The person shall inform the supervising county agency of
the person’s place of residence, employment, education, or training.

(i) (1) The person shall inform the supervising county agency
of any pending or anticipated changes in residence, employment,
education, or training.

(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment
within three business days of that entry.

(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.

(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person’s place
of residence.

(l) The person shall obtain a travel pass from the supervising
county agency before he or she may leave the county or state for
more than two days.

(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or
ammunition.

(n) The person shall not possess, use, or have access to any
weapon listed in Section 16140, subdivision (c) of Section 16170,
Section 16220, 16260, 16320, 16330, or 16340, subdivision (b)
of Section 16460, Section 16470, subdivision (f) of Section 16520,
or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940,
17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280,
17330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725,
17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310,
20410, 20510, 20610, begin delete 20611, end delete 20710, 20910, 21110, 21310, 21810,
22010, 22015, 22210, 22215, 22410, 24310, 24410, 24510, 24610,
24680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410,
32415, 32420, 32425, begin delete 32430 end delete begin insert 32430, end insert 32435, 32440, 32445, 32450,
32900, 33215, 33220, 33225, or 33600.

(o) (1) Except as provided in paragraph (2) and subdivision
(p), the person shall not possess a knife with a blade longer than
two inches.

(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person’s residence.

(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person’s employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.

(q) The person shall waive any right to a court hearing prior to
the imposition of a period of “flash incarceration” in a city or
county jail of not more than 10 consecutive days for any violation
of his or her postrelease supervision conditions.

(r) The person shall participate in rehabilitation programming
as recommended by the supervising county agency.

(s) The person shall be subject to arrest with or without a warrant
by a peace officer employed by the supervising county agency or,
at the direction of the supervising county agency, by any peace
officer when there is probable cause to believe the person has
violated the terms and conditions of his or her release.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 3455 of the Penal Code is amended to
read:

3455.  

(a) If the supervising county agency has determined,
following application of its assessment processes, that intermediate
sanctions as authorized in subdivision (b) of Section 3454 are not
appropriate, the supervising county agency shall petition the court
pursuant to Section 1203.2 to revoke, modify, or terminate
postrelease community supervision. At any point during the process
initiated pursuant to this section, a person may waive, in writing,
his or her right to counsel, admit the violation of his or her
postrelease community supervision, waive a court hearing, and
accept the proposed modification of his or her postrelease
community supervision. The petition shall include a written report
that contains additional information regarding the petition,
including the relevant terms and conditions of postrelease
community supervision, the circumstances of the alleged
underlying violation, the history and background of the violator,
and any recommendations. The Judicial Council shall adopt forms
and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of postrelease community supervision, the
revocation hearing officer shall have authority to do all of the
following:

(1) Return the person to postrelease community supervision
with modifications of conditions, if appropriate, including a period
of incarceration in county jail.

(2) Revoke and terminate postrelease community supervision
and order the person to confinement in the county jail.

(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court’s discretion.

(b) (1) At any time during the period of postrelease community
supervision, if a peace officer has probable cause to believe a
person subject to postrelease community supervision is violating
any term or condition of his or her release, the officer may, without
a warrant or other process, arrest the person and bring him or her
before the supervising county agency established by the county
board of supervisors pursuant to subdivision (a) of Section 3451.
Additionally, an officer employed by the supervising county agency
may seek a warrant and a court or its designated hearing officer
appointed pursuant to Section 71622.5 of the Government Code
shall have the authority to issue a warrant for that person’s arrest.

(2) The court or its designated hearing officer shall have the
authority to issue a warrant for a person who is the subject of a
petition filed under this section who has failed to appear for a
hearing on the petition or for any reason in the interests of justice,
or to remand to custody a person who does appear at a hearing on
the petition for any reason in the interests of justice.

(c) The revocation hearing shall be held within a reasonable
time after the filing of the revocation petition. Based upon a
showing of a preponderance of the evidence that a person under
supervision poses an unreasonable risk to public safety, or that the
person may not appear if released from custody, or for any reason
in the interests of justice, the supervising county agency shall have
the authority to make a determination whether the person should
remain in custody pending the first court appearance on a petition
to revoke postrelease community supervision, and upon that
determination, may order the person confined pending his or her
first court appearance.

(d) Confinement pursuant to paragraphs (1) and (2) of
subdivision (a) shall not exceed a period of 180 days in a county
jail for each custodial sanction.

(e) A person shall not remain under supervision or in custody
pursuant to this title on or after three years from the date of the
person’s initial entry onto postrelease community supervision,
except when his or her supervision is tolled pursuant to Section
1203.2 or subdivision (b) of Section 3456.

end delete