HomeMy WebLinkAbout2017-08-22 - AGENDA REPORTS - STATE LEGISLATION AB 1408 (2)0
Agenda Item: 4
CITY OF SANTA CLARITA
Q:° AGENDA REPORT
CONSENT CALENDAR
7,
CITY MANAGER APPROVAL: 1 j4 _ "
DATE: August 22, 2017
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 1408
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to support Assembly Bill 1408
(Calderon) and transmit position statements to Assembly Member Calderon, Santa Clarita's state
legislative delegation, appropriate legislative committees, Governor Brown, and the League of
California Cities.
BACKGROUND
Authored by Assembly Member Ian Calderon (D -57 -Whittier), Assembly Bill 1408 requires the
State Board of Parole Hearings to consider the entire criminal history of an inmate in
determining parole eligibility.
Additionally, this bill:
1. Requires the California Department of Corrections and Rehabilitation to provide a local
law enforcement agency with copies of an inmate's record of supervision during any
period of parole; and
2. Authorizes a county agency to petition to the State Board of Parole Hearings to revoke,
modify, or terminate eligibility for parole if a supervised person has violated the terms of
their release for a third time.
Existing law does not require the State Board of Parole Hearings to consider an inmate's entire
criminal history during the hearing process to determine an inmate's parole eligibility.
Additionally, current law does not impact parole eligibility for individuals that are found to
repeatedly violate the terms of their parole.
On February 20, 2017, Officer Keith Boyer of the Whittier Police Department was murdered
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responding to a traffic collision. The individual alleged to have killed Officer Boyer was on
parole on the day of the murder and had violated the terms of his parole five times in the seven
months since his release. This bill would authorize that after three parole violations the terms of
supervision would be revisited upon request of a county agency and could result in the
revocation of parole.
The City of Santa Clarita 2017 Legislative Platform (Legislative Platform) includes a component
related to providing local law enforcement with the tools necessary to reduce crime.
Specifically, component (2) under the "State" section of the Legislative Platform advises that the
City Council, "Support legislative efforts to address the negative impacts of Proposition 47 and
Proposition 57 on local governments and provide local law enforcement with the appropriate
tools to reduce criminal activity."
Assembly Bill 1408 passed the Assembly on May 30, 2017, (72-0-8) and was placed on the
suspense file by the Senate Committee on Appropriations (7-0) on July 17, 2017. Assembly
Members Dante Acosta and Tom Lackey both voted in support of this bill.
Although Assembly Bill 1408 will not be moving forward, it is anticipated that similar
legislation will be considered by the legislature in the future. Action by the City Council, in
concurrence with the Legislative Committee's recommendation will reinforce the policy position
previously established and reflected in the adopted 2017 Legislative Platform.
The City Council Legislative Committee met on July 13, 2017, and recommends that the City
Council adopt a "support" position for Assembly Bill 1408.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Assembly Bill 1408
2. Adopt an "oppose" position on Assembly Bill 1408
3. Take no action on Assembly Bill 1408
4. Refer Assembly Bill 1408 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted 2017/18 budget.
ATTACHMENTS
AB 1408 (Calderon)
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AMENDED IN ASSEMBLY APRIL 6, 2017
AMENDED IN ASSEMBLY MARCH 22, 2017
AMENDED IN ASSEMBLY MARCH 6, 2017
CALIFORNIA LEGISLATURE -2017-19 REGULAR SESSION
ASSEMBLY BILL No. 1408
Introduced by Assembly Member Calderon
(Coauthors: Assembly Members Cooper, Dababueh, and Lackey)
(Coauthor: Senator Mendoza)
February 17, 2017
An act to amend Sections 3003, 3041, 3454, and 3455 of the Penal
Code, relating to supervised release.
LEGISLATIVE COUNSEL'S DIGEST
AB 1408, as amended, Calderon. Crimes: supervised release.
(1) Existing law requires the Department of Corrections and
Rehabilitation to provide specified information to local law enforcement
agencies regarding an inmate released by the departmentto the agency's
jurisdiction on parole or postrelease community supervision, including
a record of the offense for which the inmate was convicted that resulted
in parole or postrelease community supervision.
This bill would require the department to also provide the local law
enforcement agency with copies of the record of supervision during
any prior period of parole.
(2) Existing law requires the department to be the agency primarily
responsible for the Law Enforcement Automated Data System and
requires county agencies supervising inmates released from prison on
postrelease community supervision to provide any information requested
by the department to ensure the availability of accurate information
Revised 5-26-17—See last page. 96
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AB 1408 —2—
regarding inmates released from state prison. Under existing law, this
information may include the issuance of warrants, revocations, or the
termination of postrelease community supervision.
This bill would require the county to provide the department, upon
request, with all records of supervision. By imposing additional duties
on county agencies administering postrelease community supervision,
this bill would impose a state -mandated local program.
(3) Existing law provides the procedure by which the Board of Parole
Hearings considers an indeterminately sentenced inmate's suitability
for parole and generally requires a panel of the board, or the board,
sitting en banc, to grant parole on the inmate's minimum eligible parole
date unless it determines that the gravity of the current convicted offense
or offenses, or the timing and gravity of current or past convicted offense
or offenses, is such that consideration of the public safety requires a
more lengthy period of incarceration.
This bill would require the panel or board, sitting en banc, to consider
the entire criminal history of the inmate, including all current or past
convicted offenses, in making this determination.
(4) Existing law requires the county agency supervising the release
of a person on postrelease community supervision to petition a court
to revoke, modify, or terminate postrelease community supervision if
the agency determines, following application of its assessment processes,
that intermediate sanctions are not appropriate.
This bill would require the county agency supervising the release of
a person on postrelease community supervision to also petition a court
to revoke, modify, or terminate postrelease community supervision if
the person has violated the terms of his or her release for a third time.
The bill would allow a peace officer to arrest a person without warrant
who fails to appear at a hearing to revoke, modify, or terminate
postrelease community supervision. By imposing additional duties on
county agencies administering postrelease community supervision, this
bill would impose a state -mandated local program.
(5) Existing law allows each county agency responsible for
postrelease supervision to determine appropriate responses to alleged
violations, which can include a one to 10 consecutive day period of
flash incarceration.
This bill would require the probation department to notify the court,
public defender, district attorney, and sheriffofeach imposition offfash
incarceration. By imposing additional duties on county agencies
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administering postrelease community supervision, this bill would impose
a state -mandated local program.
(6) 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.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 3003 of the Penal Code is amended to
2 read:
3 3003. (a) Except as otherwise provided in this section, an
4 inmate who is released on parole or postrelease supervision as
5 provided by Title 2.05 (commencing with Section 3450) shall be
6 returned to the county that was the last legal residence of the inmate
7 prior to his or her incarceration. For purposes of this subdivision,
8 "last legal residence" shall not be construed to mean the county
9 wherein the inmate committed an offense while confined in a state
10 prison or local jail facility or while confined for treatment in a
11 state hospital.
12 (b) Notwithstanding subdivision (a), an inmate may be returned
13 to another county if that would be in the best interests of the public.
14 If the Board of Parole Hearings setting the conditions of parole
15 for inmates sentenced pursuant to subdivision (b) of Section 1168,
16 as determined by the parole consideration panel, or the Department
17 of Corrections and Rehabilitation setting the conditions of parole
18 for inmates sentenced pursuant to Section 1170, decides on areturn
19 to another county, it shall place its reasons in writing in the
20 parolee's permanent record and include these reasons in the notice
21 to the sheriff or chief of police pursuant to Section 3058.6. In
22 making its decision, the paroling authority shall consider, among
23 others, the following factors, giving the greatest weight to the
24 protection of the victim and the safety of the community:
25 (1) The need to protect the life or safety of avictim, the parolee,
26 a witness, or any other person.
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1 (2) Public concern that would reduce the chance that the
2 inmate's parole would be successfully completed.
3 (3) The verified existence of a work offer, or an educational or
4 vocational training program.
5 (4) The existence of family in another county with whom the
6 inmate has maintained strong ties and whose support would
7 increase the chance that the inmate's parole would be successfully
8 completed.
9 (5) The lack of necessary outpatient treatment programs for
10 parolees receiving treatment pursuant to Section 2960.
11 (c) The Department of Corrections and Rehabilitation, in
12 determining an out -of -county commitment, shall give priority to
13 the safety of the community and any witnesses and victims.
14 (d) In making its decision about an inmate who participated in
15 ajoint venture program pursuant to Article 1. 5 (commencing with
16 Section 2717.1) of Chapter 5, the paroling authority shall give
17 serious consideration to releasing him or her to the county where
18 the joint venture program employer is located if that employer
19 states to the paroling authority that he or she intends to employ
20 the inmate upon release.
21 (e) (1) The following information, if available, shall be released
22 by the Department of Corrections and Rehabilitation to local law
23 enforcement agencies regarding aparoled inmate or inmate placed
24 on postrelease community supervision pursuant to Title 2.05
25 (commencing with Section 3450) who is released in their
26 jurisdictions:
27 (A) Last, first, and middle names.
28 (B) Birth date.
29 (C) Sex, race, height, weight, and hair and eye color.
30 (D) Date of parole or placement on postrelease community
31 supervision and discharge.
32 (E) Registration status, if the inmate is required to register as a
33 result of a controlled substance, sex, or arson offense.
34 (F) California Criminal Information Number,, FBI number, social
35 security number, and driver's license number.
36 (G) County of commitment.
37 (H) A description of scars, marks, and tattoos on the inmate.
38 (1) Offense or offenses for which the inmate was convicted that
39 resulted in parole or postrelease community supervision in this
40 instance.
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1 (J) Address, including all of the following information:
2 (i) Street name and number. Post office box numbers are not
3 acceptable for purposes of this subparagraph.
4 (ii) City and ZIP Code.
5 (iii) Date that the address provided pursuant to this subparagraph
6 was proposed to be effective.
7 (K) Contact officer and unit, including all of the following
8 information:
9 (i) Name and telephone number of each contact officer.
10 (ii) Contact unit type of each contact officer such as units
11 responsible for parole, registration, or county probation.
12 (L) A digitized image of the photograph and at least a single
13 digit fingerprint of the parolee.
14 (M) A geographic coordinate for the inmate's residence location
15 for use with a Geographical Information System (GIS) or
16 comparable computer program.
17 (N) Copies of the record of supervision during any prior period
18 of parole.
19 (2) Unless the information is unavailable, the Department of
20 Corrections and Rehabilitation shall electronically transmit to the
21 county agency identified in subdivision (a) of Section 3451 the
22 inmate's tuberculosis status, specific medical, mental health, and
23 outpatient clinic needs, and any medical concerns or disabilities
24 for the county to consider as the offender transitions onto
25 postrelease community supervision pursuant to Section 3450, for
26 the purpose of identifying the medical and mental health needs of
27 the individual. All transmissions to the county agency shall be in
28 compliance with applicable provisions of the federal Health
29 Insurance Portability and Accountability Act of 1996 (HIPAA)
30 (Public Law 104-191), the federal Health Information Technology
31 for Clinical Health Act (HITECH) (Public Law 111-005), and the
32 implementing of privacy and security regulations in Parts 160 and
33 164 of Title 45 of the Code of Federal Regulations. This paragraph
34 shall not take effect until the Secretary of the United States
35 Department of Health and Human Services, or his or her designee,
36 determines that this provision is not preempted by HIPAA.
37 (3) Except for the information required by paragraph (2), the
38 information required by this subdivision shall come from the
39 statewide parolee database. The information obtained from each
40 source shall be based on the same timeframe.
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1 (4) All of the information required by this subdivision shall be
2 provided utilizing a computer -to -computer transfer in a format
3 usable by a desktop computer system. The transfer of this
4 information shall be continually available to local law enforcement
5 agencies upon request.
6 (5) The unauthorized release or receipt of the information
7 described in this subdivision is a violation of Section 11143.
8 (f) Notwithstanding any other law, an inmate who is released
9 on parole shall not be returned to a location within 35 miles of the
10 actual residence of a victim of, or a witness to, a violent felony as
11 defined in paragraphs (1) to (7), inclusive, and paragraph (16) of
12 subdivision (c) of Section 667.5 or afelony in which the defendant
13 inflicts great bodily injury on a person other than an accomplice
14 that has been charged and proved as provided for in Section
15 12022.53, 12022.7, or 12022.9, if the victim or witness has
16 requested additional distance in the placement of the inmate on
17 parole, and if the Board of Parole Hearings or the Department of
18 Corrections and Rehabilitation finds that there is a need to protect
19 the life, safety, or well-being of a victim or witness.
20 (g) Notwithstanding any other law, an inmate who is released
21 on parole for a violation of Section 288 or 288.5 whom the
22 Department of Corrections and Rehabilitation determines poses a
23 high riskto the public shall not be placed or reside, for the duration
24 of his or her parole, within one-half mile of a public or private
25 school including any or all of kindergarten and grades 1 to 12,
26 inclusive.
27 (h) Notwithstanding any other law, an inmate who is released
28 on parole or postrelease community supervision for a stalking
29 offense shall not be returned to a location within 35 miles of the
30 victim's actual residence or place of employment if the victim or
31 witness has requested additional distance in the placement of the
32 inmate on parole or postrelease community supervision, and if the
33 Board of Parole Hearings or the Department of Corrections and
34 Rehabilitation, or the supervising county agency, as applicable,
35 finds that there is a need to protect the life, safety, or well-being
36 of the victim. If an inmate who is released on postrelease
37 community supervision cannot be placed in his or her county of
38 last legal residence in compliance with this subdivision, the
39 supervising county agency may transfer the inmate to another
40 county upon approval of the receiving county.
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AB 1408
1 (i) The authority shall give consideration to the equitable
2 distribution of parolees and the proportion of out -of -county
3 commitments from a county compared to the number of
4 commitments from that county when making parole decisions.
5 0) An inmate may be paroled to another state pursuant to any
6 other law. The Department of Corrections and Rehabilitation shall
7 coordinate with local entities regarding the placement of inmates
8 placed out of state on postrelease community supervision pursuant
9 to Title 2.05 (commencing with Section 3450).
10 (k) (1) Except as provided in paragraph (2), the Department of
11 Corrections and Rehabilitation shall be the agency primarily
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responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data
System (LEADS) in conformance with subdivision (e). County
agencies supervising inmates released to postrelease community
supervision pursuant to Title 2.05 (commencing with Section 3450)
shall provide any information requested by the department to
ensure the availability of accurate information regarding inmates
released from state prison. This information may include all records
of supervision, the issuance of warrants, revocations, or the
termination of postrelease community supervision. On or before
August 1, 2011, county agencies designated to supervise inmates
released to postrelease community supervision shall notify the
department that the county agencies have been designated as the
local entity responsible for providing that supervision.
(2) Notwithstanding paragraph (1), the Department of Justice
shall be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
(1) In addition to the requirements under subdivision (k), the
Department of Corrections and Rehabilitation shall submit to the
Department of Justice data to be included in the supervised release
file of the California Law Enforcement Telecommunications
System (CLETS) so that law enforcement can be advised through
CLETS of all persons on postrelease community supervision and
the county agency designated to provide supervision. The data
required by this subdivision shall be provided via electronic
transfer.
SEC. 2. Section 3041 of the Penal Code is amended to read:
3041. (a) (1) In the case of any inmate sentenced pursuant to
any law, other than Chapter 4.5 (commencing with Section 1170)
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1 of Title 7 of Part 2, the Board of Parole Hearings shall meet with
2 each inmate during the sixth year before the inmate's minimum
3 eligible parole date for the purposes of reviewing and documenting
4 the inmate's activities and conduct pertinent to parole eligibility.
5 During this consultation, the board shall provide the inmate
6 information about the parole hearing process, legal factors relevant
7 to his or her suitability or unsuitability for parole, and
8 individualized recommendations for the inmate regarding his or
9 her work assignments, rehabilitative programs, and institutional
10 behavior. Within 30 days following the consultation, the board
11 shall issue its positive and negative findings and recommendations
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to the inmate in writing.
(2) One year before the inmate's minimum eligible parole date
a panel of two or more commissioners or deputy commissioners
shall again meet with the inmate and shall normally grant parole
as provided in Section 3041.5. No more than one member of the
panel shall be a deputy commissioner.
(3) In the event of a tie vote, the matter shall be referred for an
en bane review of the record that was before the panel that rendered
the tie vote. Upon en bane review, the board shall vote to either
grant or deny parole and render a statement of decision. The en
bane review shall be conducted pursuant to subdivision (e).
(4) Upon a grant of parole, the inmate shall be released subject
to all applicable review periods. However, an inmate shall not be
released before reaching his or her minimum eligible parole date
as set pursuant to Section 3046 unless the inmate is eligible for
earlier release pursuant to his or her youth offender parole
eligibility date.
(5) At least one commissioner of the panel shall have been
present at the last preceding meeting, unless it is not feasible to
do so or where the last preceding meeting was the initial meeting.
Any person on the hearing panel may request review of any
decision regarding parole for an en bane hearing by the board. In
case of a review, a majority vote in favor of parole by the board
members participating in an en bane review is required to grant
parole to any inmate.
(b) (1) The panel or the board, sitting en bane, shall grant parole
to an inmate unless it determines that the gravity of the current
convicted offense or offenses, or the timing and gravity of current
or past convicted offense or offenses, is such that consideration of
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the public safety requires a more lengthy period of incarceration
for this individual. The panel or the board, sitting en banc, shall
consider the entire criminal history of the inmate, including all
current or past convicted offenses, in making this determination.
(2) After July 30, 2001, any decision of the parole panel finding
an inmate suitable for parole shall become final within 120 days
of the date of the hearing. During that period, the board may review
the panel's decision. The panel's decision shall become final
pursuant to this subdivision unless the board finds that the panel
made an error of law, or that the panel's decision was based on an
error of fact, or that new information should be presented to the
board, any of which when corrected or considered by the board
has a substantial likelihood of resulting in a substantially different
decision upon arehearing. In making this determination, the board
shall consult with the commissioners who conducted the parole
consideration hearing.
(3) A decision of a panel shall not be disapproved and referred
for rehearing except by a majority vote of the board, sitting en
banc, following a public meeting.
(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will
be conducted by a panel of three or more members, the majority
of whom shall be commissioners. The board shall report monthly
on the number of cases where an inmate has not received a
completed initial or subsequent parole consideration hearing within
30 days of the hearing date required by subdivision (a) of Section
3041.5 or paragraph (2) of subdivision (b) of Section 3041.5, unless
the inmate has waived the right to those timeframes. That report
shall be considered the backlog of cases for purposes of this
section, and shall include information on the progress toward
eliminating the backlog, and on the number of inmates who have
waived their right to the above timeframes. The report shall be
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1 made public at a regularly scheduled meeting of the board and a
2 written report shall be made available to the public and transmitted
3 to the Legislature quarterly.
4 (e) For purposes of this section, an en bane review by the board
5 means areview conducted by amajority of commissioners holding
6 office on the date the matter is heard by the board. An en bane
7 review shall be conducted in compliance with the following:
8 (1) The commissioners conducting the review shall consider
9 the entire record of the hearing that resulted in the tie vote.
10 (2) The review shall be limited to the record of the hearing. The
11 record shall consist of the transcript or audiotape of the hearing
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written or electronically recorded statements actually considered
by the panel that produced the tie vote, and any other material
actually considered by the panel. New evidence or comments shall
not be considered in the en bane proceeding.
(3) The board shall separately state reasons for its decision to
grant or deny parole.
(4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en bane review.
SEC. 3. Section 3454 of the Penal Code is amended to read:
3454. (a) Each supervising county agency, as established by
the county board of supervisors pursuant to subdivision (a) of
Section 3451, shall establish a review process for assessing and
refining a person's program of postrelease supervision. Any
additional postrelease supervision conditions shall be reasonably
related to the underlying offense for which the offender spenttime
in prison, or to the offender's risk of recidivism, and the offender's
criminal history, and be otherwise consistent with law.
(b) Each county agency responsible for postrelease supervision,
as established by the county board of supervisors pursuant to
subdivision (a) of Section 3451, may determine additional
appropriate conditions of supervision listed in Section 3453
consistent with public safety, including the use of continuous
electronic monitoring as defined in Section 1210.7, order the
provision of appropriate rehabilitation and treatment services,
determine appropriate incentives, and determine and order
appropriate responses to alleged violations, which can include, but
shall not be limited to, immediate, structured, and intermediate
sanctions up to and including referral to a reentry court pursuant
to Section 3015, or flash incarceration in a city or county jail.
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AB 1408
1 Periods of flash incarceration are encouraged as one method of
2 punishment for violations of an offender's condition of postrelease
3 supervision.
4 (c) As used in this title, "flash incarceration" is a period of
5 detention in a city or county jail due to a violation of an offender's
6 conditions of postrelease supervision. The length of the detention
7 period can range between one and 10 consecutive days. Flash
8 incarceration is a tool that may be used by each county agency
9 responsible for postrelease supervision. Shorter, but if necessary
10 more frequent, periods of detention for violations of an offender's
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postrelease supervision conditions shall appropriately punish an
offender while preventing the disruption in a work or home
establishment that typically arises from longer term revocations.
(d) Upon a decision to impose a period offfash incarceration,
the probation department shall notify the court, public defender,
district attorney, and sheriff of each imposition of flash
incarceration.
SEC. 4. 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, or if the supervised person has violated the terms of
his or her release for a third time, 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
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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 a county jail.
(2) Revoke and terminate postrelease community supervision
and order the person to confinement in a 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, including a probation officer, has
probable cause to believe a person subject to postrelease
community supervision is violating any term or condition of his
or her release, or has failed to appear at a hearing pursuant to
Section 1203.2 to revoke, modify, or terminate postrelease
community supervision, 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.
(3) Unless a person subject to postrelease community
supervision is otherwise serving a period of flash incarceration,
whenever a person who is subject to this section is arrested, with
or without a warrant or the filing of a petition for revocation, the
court may order the release of the person under supervision from
custody under any terms and conditions the court deems
appropriate.
(c) The revocation hearing shall be held within a reasonable
time after the filing of the revocation petition. Except as provided
in paragraph (3) of subdivision (b), based upon a showing of a
preponderance of the evidence that a person under supervision
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1 poses an unreasonable risk to public safety, or that the person may
2 not appear if released from custody, or for any reason in the
3 interests of justice, the supervising county agency shall have the
4 authority to make a determination whether the person should
5 remain in custody pending the first court appearance on a petition
6 to revoke postrelease community supervision, and upon that
7 determination, may order the person confined pending his or her
8 first court appearance.
9 (d) Confinement pursuant to paragraphs (1) and (2) of
10 subdivision (a) shall not exceed a period of 180 days in a county
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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.
SEG. 4.
SEC. 5. To the extent that this act has an overall effect of
increasing the costs already borne by a local agency for programs
or levels of service mandated by the 2011 Realignment Legislation
within the meaning of Section 36 of Article XIII of the California
Constitution, it shall apply to local agencies only to the extent that
the state provides annual funding for the cost increase. Any new
program or higher level of service provided by a local agency
pursuant to this act above the level for which funding has been
provided shall not require a subvention of funds by the state or
otherwise be subject to Section 6 of Article X111 of the California
Constitution.
REVISIONS:
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