Amended in Assembly March 10, 2014

Amended in Assembly June 18, 2013

Amended in Senate May 8, 2013

Amended in Senate April 1, 2013

Senate Bill No. 419

Introduced by Senator Block

February 21, 2013

An act to amend begin delete Sections 1203.2 and 4019 of, and to add and repeal Section 1203.35 of, end delete begin insert Sections 1214 and 2085.5 of end insert the Penal Code, relating to begin delete supervised persons end delete begin insert restitution end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 419, as amended, Block. begin delete Supervised persons: flash incarceration. end delete begin insert Restitution: collection of fines and fees. end insert

begin insert

(1) Existing law requires the court to order criminal defendants to pay restitution to the victim or victims as well as a restitution fine. Existing law makes any portion of a restitution fine or restitution fee that remains unsatisfied after a defendant is no longer on probation, parole, postrelease community supervision or mandatory supervision, or completed diversion enforceable by the California Victim Compensation and Government Claims Board, as specified, and authorizes a local collection program to continue to enforce restitution orders once a defendant is no longer on probation, postrelease community supervision, or mandatory supervision.

end insert begin insert

This bill, in addition, would make restitution fines and fees that remain unsatisfied after a person has completed a full term in custody in a county jail enforceable by the California Victim Compensation and Government Claims Board and would authorize a local collection program to continue to collect those fines and fees.

end insert begin insert

(2) Existing law requires the Secretary of the Department of Corrections and Rehabilitation to collect restitution fines and fees from inmates and authorizes the collection of those fines and fees from inmates in county jails by an agency designated by the county board of supervisors. Existing law authorizes the secretary, the local agency designated by the county board of supervisors, or, under specified circumstances, a local collection program to collect restitution fines and fees from parolees. Existing law authorizes the secretary and the local agency to deduct and retain administrative fees for fines collected from parolees.

end insert begin insert

This bill would authorize the secretary, the agency designated by the county board of supervisors, or, under specified circumstances, a local collection program to collect restitution fines and fees from people on postrelease community supervision, mandatory supervision, and county jail inmates who have served a completed sentence in a county jail and to deduct and retain administrative fees for those collections.

end insert begin delete

(1) Existing law authorizes a probation officer, parole officer, or peace officer, at any time during the period of supervision of a person released on probation, conditional sentence, summary probation, or mandatory supervision, or when that person is subject to revocation of postrelease community supervision or revocation of parole supervision, to, 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 that person’s rearrest. Existing law additionally authorizes, upon rearrest or upon the issuance of a warrant for rearrest, the court to 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 that the person has, among other things, violated any of the conditions of his or her supervision. Existing law specifies that nothing in those provisions affects the authority of the supervising agency to impose intermediate sanctions, including flash incarceration, to persons supervised on parole or postrelease community supervision, as specified.

end delete begin delete

This bill would specify that nothing in the above provisions affects the authority of the supervising agency to impose intermediate sanctions, including flash incarceration, not only to persons supervised on parole or postrelease community supervision, as specified, but also to persons on court-ordered probation or mandatory supervision.

end delete begin delete

(2) Existing law requires postrelease community supervision to include specified conditions, including, among other things, that the person obey all laws and waive any right to a court hearing prior to the imposition of a period of flash incarceration in a county jail of not more than 10 consecutive days for any violation of his or her postrelease supervision conditions. Existing law permits each county agency responsible for postrelease supervision to determine additional specified appropriate conditions of supervision consistent with public safety, including the use of continuous electronic monitoring, and flash incarceration in a county jail. Existing law encourages periods of flash incarceration as one method of punishment for violations of an offender’s condition of postrelease supervision.

end delete begin delete

This bill would, until January 1, 2018, require the court, in any case where the court grants probation or imposes a sentence that includes mandatory supervision, to authorize the agency responsible for that probation or mandatory supervision to use flash incarceration for any violation of the conditions of that probation or mandatory supervision if, at the time of granting probation or ordering mandatory supervision, the court obtains from the defendant a waiver to a court hearing prior to the imposition of a period of flash incarceration. The bill would exempt from the imposition of flash incarceration under these circumstances any defendant convicted of a nonviolent drug possession offense who receives probation.

end delete begin delete

(3) Existing law requires that for each 4-day period in which a prisoner is confined in or committed to a facility, one day be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor and an additional day be deducted from his or her period of confinement unless he or she has not satisfactorily complied with the reasonable rules and regulations of the facility. Existing law specifies that no credits may be earned for periods of flash incarceration imposed on persons subject to parole supervision or postrelease supervision.

end delete begin delete

This bill would prohibit a person on probation or subject to mandatory supervision from earning credits for periods of flash incarceration.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1214 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

1214.  

(a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or
Section 13967 of the Government Code, as operative on or before
September 28, 1994, with or without imprisonment, or a diversion
restitution fee ordered pursuant to Section 1001.90, the judgment
may be enforced in the manner provided for the enforcement of
money judgments generally. Any portion of a restitution fine or
restitution fee that remains unsatisfied after a defendant is no longer
on probation, parole, postrelease community supervision pursuant
to Section 3451, begin insert or end insert mandatory supervision begin delete under end delete begin insert pursuant to end insert
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170, begin insert after a full term in custody pursuant to subparagraph (A)
of paragraph (5) of subdivision (h) of Section 1170, end insert or begin delete has
completed end delete begin insert after completing end insert diversion is enforceable by the
California Victim Compensation and Government Claims Board
pursuant to this section. Notwithstanding any other provision of
law prohibiting disclosure, the state, as defined in Section 900.6
of the Government Code, a local public entity, as defined in Section
900.4 of the Government Code, or any other entity, may provide
the California Victim Compensation and Government Claims
Board any and all information to assist in the collection of unpaid
portions of a restitution fine for terminated probation or parole
cases, or of a restitution fee for completed diversion cases. For
purposes of the preceding sentence, “state, as defined in Section
900.6 of the Government Code,” and “any other entity” shall not
include the Franchise Tax Board. A local collection program may
continue to enforce restitution begin insert fine end insert orders once a defendant is no
longer on probation, postrelease community supervision, or
mandatory supervision begin insert or after a full term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section
1170 end insert .

(b) In any case in which a defendant is ordered to pay restitution,
the order to pay restitution (1) is deemed a money judgment if the
defendant was informed of his or her right to have a judicial
determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim’s request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant’s disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision
(f) of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity
of the information contained within the defendant’s financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board
with a certified copy of any order imposing a restitution fine or
order and a copy of the defendant’s disclosure pursuant to
paragraph (5) of subdivision (f) of Section 1202.4, affidavit or
information pursuant to paragraph (6) of subdivision (f) of Section
1202.4, or report pursuant to paragraph (8) of subdivision (f) of
Section 1202.4. A victim shall have access to all resources available
under the law to enforce the restitution order, including, but not
limited to, access to the defendant’s financial records, use of wage
garnishment and lien procedures, information regarding the
defendant’s assets, and the ability to apply for restitution from any
fund established for the purpose of compensating victims in civil
cases. Any portion of a restitution order that remains unsatisfied
after a defendant is no longer on probation, parole, postrelease
community supervision under Section 3451, or mandatory
supervision imposed pursuant to subparagraph (B) of paragraph
(5) of subdivision (h) of Section 1170 begin insert or after a full term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
of Section 1170 end insert is enforceable by the victim pursuant to this
section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an
order to pay restitution is satisfied. A local collection program may
continue to enforce victim restitution orders once a defendant is
no longer on probation, postrelease community supervision, or
mandatory supervision begin insert or after completion of a full term in custody
pursuant to subparagraph (A) of paragraph (5) of subdivision (h)
of Section 1170 end insert .

(c) Except as provided in subdivision (d), and notwithstanding
the amount in controversy limitation of Section 85 of the Code of
Civil Procedure, a restitution order or restitution fine that was
imposed pursuant to Section 1202.4 in any of the following cases
may be enforced in the same manner as a money judgment in a
limited civil case:

(1) In a misdemeanor case.

(2) In a case involving violation of a city or town ordinance.

(3) In a noncapital criminal case where the court has received
a plea of guilty or nolo contendere.

(d) Chapter 3 (commencing with Section 683.010) of Division
1 of Title 9 of Part 2 of the Code of Civil Procedure shall not apply
to any of the following:

(1) A judgment for begin delete any end delete court-ordered fines, forfeitures, penalties,
fees, or assessments.

(2)  begin delete Any end delete begin insert A end insert restitution fine or restitution order imposed pursuant
to Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as
operative on or before August 2, 1995, or Section 13967 of the
Government Code, as operative on or before September 28, 1994.

(3)  begin delete Any end delete begin insert A end insert diversion restitution fee ordered pursuant to Section
1001.90.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2085.5 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2085.5.  

(a) In any case in which a begin delete prisoner end delete begin insert state prison inmate end insert
owes a restitution fine imposed pursuant to subdivision (a) of
Section 13967 of the Government Code, as operative prior to
September 28, 1994, subdivision (b) of Section 730.6 of the
Welfare and Institutions Code, or subdivision (b) of Section 1202.4,
the Secretary of the Department of Corrections and Rehabilitation
shall deduct a minimum of 20 percent or the balance owing on the
fine amount, whichever is less, up to a maximum of 50 percent
from the wages and trust account deposits of begin delete a prisoner end delete begin insert the state
prison inmate end insert , unless prohibited by federal law, and shall transfer
that amount to the California Victim Compensation and
Government Claims Board for deposit in the Restitution Fund in
the State Treasury. begin delete Any end delete begin insert The end insert amount begin delete so end delete deducted shall be credited
against the amount owing on the fine. The sentencing court shall
be provided a record of the payments.

(b) (1)  begin delete When a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, in end delete begin insert In end insert any
case in which a begin insert county jail end insert prisoner owes a restitution fine imposed
pursuant to subdivision (a) of Section 13967 of the Government
Code, as operative prior to September 28, 1994, subdivision (b)
of Section 730.6 of the Welfare and Institutions Code, or
subdivision (b) of Section 1202.4, the agency designated by the
board of supervisors in the county where the begin insert county jail end insert prisoner
is incarcerated is authorized to deduct a minimum of 20 percent
or the balance owing on the fine amount, whichever is less, up to
a maximum of 50 percent from the county jail equivalent of wages
and trust account deposits of a begin insert county jail end insert prisoner, unless
prohibited by federal law, and shall transfer that amount to the
California Victim Compensation and Government Claims Board
for deposit in the Restitution Fund in the State Treasury. begin delete Any end delete begin insert The end insert
amount begin delete so end delete deducted shall be credited against the amount owing
on the fine. The sentencing court shall be provided a record of the
payments.

(2) If the board of supervisors designates the county sheriff as
the collecting agency, the board of supervisors shall first obtain
the concurrence of the county sheriff.

(c) In any case in which a begin delete prisoner end delete begin insert state prison inmate end insert owes a
restitution order imposed pursuant to subdivision (c) of Section
13967 of the Government Code, as operative prior to September
28, 1994, subdivision (h) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (f) of Section 1202.4, the
Secretary of the Department of Corrections and Rehabilitation
shall deduct a minimum of 20 percent or the balance owing on the
order amount, whichever is less, up to a maximum of 50 percent
from the wages and trust account deposits of a begin delete prisoner end delete begin insert state prison
inmate end insert , unless prohibited by federal law. The secretary shall
transfer that amount to the California Victim Compensation and
Government Claims Board for direct payment to the victim, or
payment shall be made to the Restitution Fund to the extent that
the victim has received assistance pursuant to that program. The
sentencing court shall be provided a record of the payments made
to victims and of the payments deposited to the Restitution Fund
pursuant to this subdivision.

(d)  begin delete When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, in end delete begin insert In end insert any case in
which a begin insert county jail end insert prisoner owes a restitution order imposed
pursuant to subdivision (c) of Section 13967 of the Government
Code, as operative prior to September 28, 1994, subdivision (h)
of Section 730.6 of the Welfare and Institutions Code, or
subdivision (b) of Section 1202.4, the agency designated by the
board of supervisors in the county where the begin insert county jail end insert prisoner
is incarcerated is authorized to deduct a minimum of 20 percent
or the balance owing on the order amount, whichever is less, up
to a maximum of 50 percent from the county jail equivalent of
wages and trust account deposits of a begin insert county jail end insert prisoner, unless
prohibited by federal law. The agency shall transfer that amount
to the California Victim Compensation and Government Claims
Board for direct payment to the victim, or payment shall be made
to the Restitution Fund to the extent that the victim has received
assistance pursuant to that program, or may pay the victim directly.
The sentencing court shall be provided a record of the payments
made to the victims and of the payments deposited to the
Restitution Fund pursuant to this subdivision.

(e) The secretary shall deduct and retain from the wages and
trust account deposits of a begin delete prisoner end delete begin insert state prison inmate end insert , unless
prohibited by federal law, an administrative fee that totals 10
percent of any amount transferred to the California Victim
Compensation and Government Claims Board pursuant to
subdivision (a) or (c). The secretary shall deduct and retain from
any begin delete prisoner end delete begin insert state prison inmate end insert settlement or trial award, an
administrative fee that totals 5 percent of any amount paid from
the settlement or award to satisfy an outstanding restitution order
or fine pursuant to subdivision (n), unless prohibited by federal
law. The secretary shall deposit the administrative fee moneys in
a special deposit account for reimbursing administrative and
support costs of the restitution program of the Department of
Corrections and Rehabilitation. The secretary, at his or her
discretion, may retain any excess funds in the special deposit
account for future reimbursement of the department’s
administrative and support costs for the restitution program or may
transfer all or part of the excess funds for deposit in the Restitution
Fund.

(f)  begin delete When a prisoner is punished by imprisonment in a county
jail pursuant to subdivision (h) of Section 1170, the end delete begin insert The end insert agency
designated by the board of supervisors in the county where the
prisoner is incarcerated is authorized to deduct and retain from the
county jail equivalent of wages and trust account deposits of a
begin insert county jail end insert prisoner, unless prohibited by federal law, begin delete and end delete begin insert an end insert
administrative fee that totals 10 percent of any amount transferred
to the California Victim Compensation and Government Claims
Board pursuant to subdivision (b) or (d). The agency is authorized
to deduct and retain from begin delete any end delete begin insert a county jail end insert prisoner settlement or
trial award, an administrative fee that totals 5 percent of any
amount paid from the settlement or award to satisfy an outstanding
restitution order or fine pursuant to subdivision (n), unless
prohibited by federal law. The agency shall deposit the
administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution
program of the agency. The agency is authorized to retain any
excess funds in the special deposit account for future
reimbursement of the agency’s administrative and support costs
for the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.

(g) In any case in which a begin delete parolee end delete begin insert postrelease offender end insert owes a
restitution fine imposed pursuant to subdivision (a) of Section
13967 of the Government Code, as operative prior to September
28, 1994, subdivision (b) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (b) of Section 1202.4, the
secretary begin delete , or, when a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, end delete begin insert or end insert the
agency designated by the board of supervisors in the county where
the begin delete prisoner is end delete begin insert postrelease offender was end insert incarcerated, may collect
from the begin delete parolee end delete begin insert postrelease offender end insert any moneys owing on the
restitution fine amount, unless prohibited by federal law. The
secretary or the agency shall transfer that amount to the California
Victim Compensation and Government Claims Board for deposit
in the Restitution Fund in the State Treasury. begin delete Any end delete begin insert The end insert amount begin delete so end delete
deducted shall be credited against the amount owing on the fine.
The sentencing court shall be provided a record of the payments.

(h) In any case in which a begin delete parolee end delete begin insert postrelease offender end insert owes a
direct order of restitution, imposed pursuant to subdivision (c) of
Section 13967 of the Government Code, as operative prior to
September 28, 1994, subdivision (h) of Section 730.6 of the
Welfare and Institutions Code, or paragraph (3) of subdivision (a)
of Section 1202.4, the secretary, begin delete or, when a prisoner is punished
by imprisonment in a county jail pursuant to subdivision (h) of
Section 1170, end delete the agency designated by the board of supervisors
in the county where the begin delete prisoner is end delete begin insert postrelease offender was end insert
incarcerated begin insert , end insert or a local collection program, may collect from the
begin delete parolee or person previously imprisoned in county jail end delete begin insert postrelease
offender end insert any moneys owing, unless prohibited by federal law. The
secretary begin delete or end delete begin insert , end insert the agency begin insert , or the collection program end insert shall transfer
that amount to the California Victim Compensation and
Government Claims Board for direct payment to the victim, or
payment shall be made to the Restitution Fund to the extent that
the victim has received assistance pursuant to that program. The
sentencing court shall be provided a record of the payments made
begin delete by the offender end delete pursuant to this subdivision.

(i) The secretary begin delete , or, when a prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170, end delete begin insert or end insert the agency designated by the board of supervisors in the
county where the begin delete prisoner is incarcerated, end delete begin insert postrelease offender
was incarcerated end insert may deduct and retain from begin delete any end delete moneys collected
from begin delete parolees end delete begin insert postrelease offenders end insert an administrative fee that
totals 10 percent of any amount transferred to the California Victim
Compensation and Government Claims Board pursuant to
subdivision (g) or (h), unless prohibited by federal law. The
secretary shall deduct and retain from any settlement or trial award
of a parolee an administrative fee that totals 5 percent of any
amount paid from the settlement or award to satisfy an outstanding
restitution order or fine pursuant to subdivision (n), unless
prohibited by federal law. The agency is authorized to deduct and
retain from any settlement or trial award of a begin delete parolee end delete begin insert postrelease
offender end insert an administrative fee that totals 5 percent of begin delete any end delete begin insert an end insert
amount paid from the settlement or award to satisfy an outstanding
restitution order or fine pursuant to subdivision (n). The secretary
or the agency shall deposit the administrative fee moneys in a
special deposit account for reimbursing administrative and support
costs of the restitution program of the Department of Corrections
and Rehabilitation or the agency, as applicable. The secretary, at
his or her discretion, or the agency may retain any excess funds
in the special deposit account for future reimbursement of the
department’s or agency’s administrative and support costs for the
restitution program or may transfer all or part of the excess funds
for deposit in the Restitution Fund.

(j) When a begin delete prisoner end delete begin insert state prison inmate end insert has both a restitution
fine and a restitution order from the sentencing court, the
Department of Corrections and Rehabilitation shall collect the
restitution order first pursuant to subdivision (c).

(k) When a begin insert county jail end insert prisoner begin delete is punished by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170 and
that prisoner end delete has both a restitution fine and a restitution order from
the sentencing court, if the agency designated by the board of
supervisors in the county where the begin insert county jail end insert prisoner is
incarcerated collects the fine and order, the agency shall collect
the restitution order first pursuant to subdivision (d).

(l) When a begin delete parolee end delete begin insert postrelease offender end insert has both a restitution
fine and a restitution order from the sentencing court, the
Department of Corrections and Rehabilitation begin delete , or, when the
prisoner is punished by imprisonment in a county jail pursuant to
subdivision (h) of Section 1170, end delete begin insert or end insert the agency designated by the
board of supervisors in the county where the begin delete prisoner is end delete begin insert postrelease
offender was end insert incarcerated, may collect the restitution order first,
pursuant to subdivision (h).

(m) If an inmate is housed at an institution that requires food
to be purchased from the institution canteen for unsupervised
overnight visits, and if the money for the purchase of this food is
received from funds other than the inmate’s wages, that money
shall be exempt from restitution deductions. This exemption shall
apply to the actual amount spent on food for the visit up to a
maximum of fifty dollars ($50) for visits that include the inmate
and one visitor, seventy dollars ($70) for visits that include the
inmate and two or three visitors, and eighty dollars ($80) for visits
that include the inmate and four or more visitors.

(n)  begin delete Any compensatory end delete begin insert Compensatory end insert or punitive damages
awarded by trial or settlement to begin delete any inmate, parolee, person placed
on postrelease community supervision pursuant to Section 3451,
or defendant on mandatory supervision imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section
1170, end delete begin insert a state prison inmate, a county jail prisoner, or a postrelease
offender end insert in connection with a civil action brought against begin delete any end delete begin insert a end insert
federal, state, or local jail, prison, or correctional facility, or any
official or agent thereof, shall be paid directly, after payment of
reasonable attorney’s fees and litigation costs approved by the
court, to satisfy any outstanding restitution orders or restitution
fines against that person. The balance of begin delete any end delete begin insert the end insert award shall be
forwarded to the payee after full payment of all outstanding
restitution orders and restitution fines, subject to subdivisions (e)
and (i). The Department of Corrections and Rehabilitation shall
make all reasonable efforts to notify the victims of the crime for
which that person was convicted concerning the pending payment
of any compensatory or punitive damages. For begin delete any end delete begin insert a county jail end insert
prisoner begin delete punished by imprisonment in a county jail pursuant to
subdivision (h) of Section 1170 end delete , the agency is authorized to make
all reasonable efforts to notify the victims of the crime for which
that person was convicted concerning the pending payment of any
compensatory or punitive damages.

(o) (1) Amounts transferred to the California Victim
Compensation and Government Claims Board for payment of
direct orders of restitution shall be paid to the victim within 60
days from the date the restitution revenues are received by the
California Victim Compensation and Government Claims Board.
If the restitution payment to a victim is less than fifty dollars ($50),
then payment need not be forwarded to that victim until the
payment reaches fifty dollars ($50) or until 180 days from the date
the first payment is received, whichever occurs sooner.

(2)  begin delete In any case in which end delete begin insert When end insert a victim cannot be located, the
restitution revenues received by the California Victim
Compensation and Government Claims Board on behalf of the
victim shall be held in trust in the Restitution Fund until the end
of the state fiscal year subsequent to the state fiscal year in which
the funds were deposited or until the time that the victim has
provided current address information, whichever occurs sooner.
Amounts remaining in trust at the end of the specified period of
time shall revert to the Restitution Fund.

(3) (A)  begin delete Any end delete begin insert A end insert victim failing to provide a current address within
the period of time specified in paragraph (2) may provide
documentation to the Department of Corrections and Rehabilitation begin insert , end insert
which begin delete in turn end delete shall begin insert then end insert verify that moneys were begin insert , end insert in fact begin insert , end insert collected
on behalf of the victim. Upon receipt of that verified information
from the Department of Corrections and Rehabilitation, the
California Victim Compensation and Government Claims Board
shall transmit the restitution revenues to the victim in accordance
with the provisions of subdivision (c) or (h).

(B)  begin delete Any end delete begin insert A end insert victim failing to provide a current address within the
period of time specified in paragraph (2) may provide
documentation to the agency designated by the board of supervisors
in the county where the begin insert county jail end insert prisoner begin delete punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170 end delete is incarcerated, which begin delete in turn end delete begin insert then end insert may verify that moneys
were begin insert , end insert in fact begin insert , end insert collected on behalf of the victim. Upon receipt of
that verified information from the agency, the California Victim
Compensation and Government Claims Board shall transmit the
restitution revenues to the victim in accordance with the provisions
of subdivision (d) or (h).

begin insert

(p) For purposes of this section, the following definitions shall
apply:

end insert begin insert

(1) “County jail prisoner” means a person punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170.

end insert begin insert

(2) “Postrelease offender” means a person who is on parole,
is placed on postrelease community supervision pursuant to Section
3451, is on mandatory supervision pursuant to subparagraph (B)
of paragraph (5) of subdivision (h) of Section 1170, or a person
who has served a completed term in county jail and been released.

end insert begin insert

(3) “State prison inmate” means a person sentenced to and
serving time in a state prison.

end insert

begin delete

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.

(b) (1) Upon its own motion or upon the petition of the
supervised person, the probation or parole officer or the district
attorney of the county in which the person is supervised, 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. 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 from modifying parole when
acting on its 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 on a person intermediate sanctions, including
flash incarceration, if the person is subject to any of the following:

(1) Parole supervision pursuant to Section 3000.08.

(2) Postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.

(3) Court-ordered probation.

(4) Mandatory supervision pursuant to paragraph (5) of
subdivision (h) of Section 1170.

SEC. 2.  

Section 1203.35 is added to the Penal Code, immediately following Section 1203.3, to read:

1203.35.  

(a) In any case where the court grants probation or
imposes a sentence that includes mandatory supervision pursuant
to paragraph (5) of subdivision (h) of Section 1170, the court shall
authorize the agency responsible for that probation or mandatory
supervision to use flash incarceration for any violation of the
conditions of probation or mandatory supervision if, at the time
of granting probation or ordering mandatory supervision, the court
obtains from the defendant a waiver to a court hearing prior to the
imposition of a period of flash incarceration.

(b) For purposes of this chapter, “flash incarceration” is a period
of detention in a county jail due to a violation of an

offender’s conditions of probation or mandatory supervision.
The length of the detention period may range between one and 10
consecutive days. Flash incarceration is a tool that may be used
by each county agency responsible for probation or mandatory
supervision. Shorter, but if necessary more frequent, periods of
detention for violations of an offender’s probation or mandatory
supervision shall appropriately punish an offender while preventing
the disruption in a work or home establishment that typically arises
from longer term revocations.

(c) This section shall not apply to any defendant sentenced
pursuant to Section 1210.1.

(d) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

SEC. 3.  

Section 4019 of the Penal Code is amended to read:

4019.  

(a) The provisions of this section shall apply in all of
the following cases:

(1) When a prisoner is confined in or committed to a county
jail, industrial farm, or road camp, or any city jail, industrial farm,
or road camp, including all days of custody from the date of arrest
to the date on which the serving of the sentence commences, under
a judgment of imprisonment, or a fine and imprisonment until the
fine is paid in a criminal action or proceeding.

(2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial farm,
or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence,
in a criminal action or proceeding.

(3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial farm,
or road camp for a definite period of time for contempt pursuant
to a proceeding, other than a criminal action or proceeding.

(4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp following
arrest and prior to the imposition of sentence for a felony
conviction.

(5) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as part
of custodial sanction imposed following a violation of postrelease
community supervision or parole.

(6) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as a result
of a sentence imposed pursuant to subdivision (h) of Section 1170.

(b) Subject to the provisions of subdivision (d), for each four-day
period in which a prisoner is confined in or committed to a facility
as specified in this section, one day shall be deducted from his or
her period of confinement unless it appears by the record that the
prisoner has refused to satisfactorily perform labor as assigned by
the sheriff, chief of police, or superintendent of an industrial farm
or road camp.

(c) For each four-day period in which a prisoner is confined in
or committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.

(d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.

(e) No deduction may be made under this section unless the
person is committed for a period of four days or longer.

(f) It is the intent of the Legislature that if all days are earned
under this section, a term of four days will be deemed to have been
served for every two days spent in actual custody.

(g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.

(h) The changes to this section enacted by the act that added
this subdivision shall apply prospectively and shall apply to
prisoners who are confined to a county jail, city jail, industrial
farm, or road camp for a crime committed on or after October 1,
2011. Any days earned by a prisoner prior to October 1, 2011,
shall be calculated at the rate required by the prior law.

(i) This section shall not apply, and no credits may be earned,
for periods of flash incarceration imposed pursuant to Section
1203.35, 3000.08, or 3454.

end delete