Bill Text: CA AB1824 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Bail.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 812, Statutes of 2012. [AB1824 Detail]

Download: California-2011-AB1824-Amended.html

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BILL NUMBER: AB 1824	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 21, 2012

   An act to amend  Section 3455 of   Sections
1166, 1196, 1305,   and 1306 of  the Penal Code,
relating to  postrelease community supervision  
bail  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1824, as amended, Hagman.  Postrelease community
supervision.   Bail.  
   Existing law specifies the procedures for the forfeiture and
exoneration of a bail bond, including requiring a court to direct the
order of forfeiture to be vacated and the bond exonerated if the
defendant appears in court within 180 days of the date of forfeiture
or within 180 days of the date of mailing of a specified notice, if
required.  
   This bill would require the bond to be exonerated if the defendant
appears in court, is surrendered to custody by the bail, or is
arrested in the underlying case within 180 days after forfeiture and
would allow 30 days from the mailing of the notice of entry of
judgment to file a motion for exoneration if the defendant is
surrendered by the bail outside the county where the court is
located.  
   Under existing law, where a defendant is detained beyond the
jurisdiction of the court and the prosecuting agency elects not to
seek extradition, the court is required to vacate the forfeiture and
exonerate the bond.  
   This bill would require exoneration of the bond if the prosecution
elects not to seek extradition or transfer from a jurisdiction
outside the county. The bill would also require the court, if the
prosecuting agency elects to extradite the defendant, to toll the
180-day period for the time required by the prosecuting agency to
obtain an extradition warrant for the defendant plus a reasonable
time for the service of the warrant.  
   Under existing law, if a general verdict is rendered against the
defendant or a special verdict is given, the defendant is required to
be remanded or, if on bail, committed to the county to await
judgment.  
   The bill would require remand or commitment to the county after a
defendant enters a plea of guilty or is found guilty after entering a
plea of nolo contendre.  
   Existing law requires county agencies to enter each bench warrant
issued on a private surety-bonded felony case into the national
warrant system. If the county agency fails to do this and that
failure prevents the surety or bond agent from surrendering the
fugitive into custody, prevents the fugitive from being arrested or
taken into custody, or results in the fugitive's subsequent release
from custody, then the bail is exonerated.  
   This bill would require the warrants in the national warrant
system to be entered as fully extraditable warrants. By increasing
the duties of county agencies, this bill would impose a
state-mandated local program.  
   Existing law requires the district attorney or county counsel,
when a bond is forfeited after the 180-day period, to take specified
actions, including demanding immediate payment of the judgment within
30 days after summary judgment becomes final.  
   This bill would also make these requirements applicable to other
applicable prosecuting agencies and would authorize the named
agencies to enter into a court-approved resolution of the judgment of
forfeiture if the motion to vacate for forfeiture or judgment is
made.  
   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, 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.  
   Existing law, the Postrelease Community Supervision Act of 2011,
requires certain inmates released from state prison to be subject to
3 years supervision by a county agency. The act provides that if the
supervising county agency has determined, following application of
its assessment processes, that authorized intermediate sanctions are
not appropriate, the supervising county agency is required to
petition the revocation hearing officer to revoke and terminate
postrelease supervision of the inmate.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1166 of the   Penal
Code   is amended to read: 
   1166.  If a general verdict is rendered against the defendant,
 or  a special verdict is given,  the defendant
enters a plea of guilty, or the defendant is found guilty after
entering a plea of nolo contendre  he or she  must
  shall  be remanded, if in custody, or  ,
 if on bail  ,  he or she shall be committed to the
proper officer of the county to await the judgment of the court upon
the verdict, unless, upon considering the protection of the public,
the seriousness of the offense charged and proven, the previous
criminal record of the defendant, the probability of the defendant
failing to appear for the judgment of the court upon the verdict, and
public safety, the court concludes the evidence supports its
decision to allow the defendant to remain out on bail. When
committed, his or her bail  is   shall be 
exonerated  ,  or  ,  if money is deposited
instead of bail  ,  it  must   shall
 be refunded to the defendant or to the person or persons found
by the court to have deposited  said   the 
money on behalf of  said   the  defendant.

   SEC. 2.    Section 1196 of the   Penal Code
  is amended to read: 
   1196.  (a) The clerk must   shall  , at
any time after the order, issue a bench warrant into one or more
counties.
   (b) The clerk shall require the appropriate agency to enter each
bench warrant issued on a private surety-bonded felony case into the
national warrant system (National Crime Information Center (NCIC)).
If the appropriate agency fails to enter the bench warrant into the
national warrant system (NCIC)  as a fully extraditable warrant
 , and the court finds that this failure prevented the surety or
bond agent from surrendering the fugitive into custody, prevented
the fugitive from being arrested or taken into custody, or resulted
in the fugitive's subsequent release from custody, the court having
jurisdiction over the bail shall, upon petition, set aside the
forfeiture of the bond and declare all liability on the bail bond to
be exonerated.
   SEC. 3.    Section 1305 of the   Penal Code
  is amended to read: 
   1305.  (a) A court shall in open court declare forfeited the
undertaking of bail or the money or property deposited as bail if,
without sufficient excuse, a defendant fails to appear for any of the
following:
   (1) Arraignment.
   (2) Trial.
   (3) Judgment.
   (4) Any other occasion prior to the pronouncement of judgment if
the defendant's presence in court is lawfully required.
   (5) To surrender himself or herself in execution of the judgment
after appeal.
   However, the court shall not have jurisdiction to declare a
forfeiture and the bail shall be released of all obligations under
the bond if the case is dismissed or if no complaint is filed within
15 days from the date of arraignment.
   (b)  (1)    If the amount of the bond or money
or property deposited exceeds four hundred dollars ($400), the clerk
of the court shall, within 30 days of the forfeiture, mail notice of
the forfeiture to the surety or the depositor of money posted instead
of bail. At the same time, the court shall mail a copy of the
forfeiture notice to the bail agent whose name appears on the bond.
The clerk shall also execute a certificate of mailing of the
forfeiture notice and shall place the certificate in the court's
file. If the notice of forfeiture is required to be mailed pursuant
to this section, the 180-day period provided for in this section
shall be extended by a period of five days to allow for the mailing.

   If 
    (2)     If  the surety is an
authorized corporate surety, and if the bond plainly displays the
mailing address of the corporate surety and the bail agent, then
notice of the forfeiture shall be mailed to the surety at that
address and to the bail agent, and mailing alone to the surety or the
bail agent shall not constitute compliance with this section.

   The 
    (3)     The  surety or depositor shall
be released of all obligations under the bond if any of the
following conditions apply: 
   (1) 
    (A)  The clerk fails to mail the notice of forfeiture in
accordance with this section within 30 days after the entry of the
forfeiture. 
   (2) 
    (B)  The clerk fails to mail the notice of forfeiture to
the surety at the address printed on the bond. 
   (3) 
    (C)  The clerk fails to mail a copy of the notice of
forfeiture to the bail agent at the address shown on the bond.
   (c) (1)  If the defendant appears either voluntarily or in
custody after surrender or arrest in court within 180 days of the
date of forfeiture or within 180 days of the date of mailing of the
notice if the notice is required under subdivision (b), 
 If, within the county where the case is located, the defendant
appears in court, is surrendered to custody by the bail, or is
arrested in the underlying case within 180 days of the date of
forfeiture,  the court shall, on its own motion at the time the
defendant first appears in court on the case in which the forfeiture
was entered, direct the order of forfeiture to be vacated and the
bond exonerated. If the court fails to so act on its own motion, then
the surety's or depositor's obligations under the bond shall be
immediately vacated and the bond exonerated. An order vacating the
forfeiture and exonerating the bond may be made on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
   (2) If, within the county where the case is located, the defendant
is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, and is subsequently
released from custody prior to an appearance in court, the court
shall, on its own motion, direct the order of forfeiture to be
vacated and the bond exonerated. If the court fails to so act on its
own motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated. An order
vacating the forfeiture and exonerating the bond may be made on terms
that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
   (3) If, outside the county where the case is located,  either
foreign or domestic,  the defendant is surrendered to custody by
the bail or is arrested in the underlying case within the 180-day
period, the court shall vacate the forfeiture and exonerate the bail.
 Notwithstanding subdivision (i), a motion for exoneration
brought under this paragraph may be filed within 30 days of the
mailing of the notice of entry of judgment pursuant to Section 1306.

   (4) In lieu of exonerating the bond, the court may order the bail
reinstated and the defendant released on the same bond if both of the
following conditions are met:
   (A) The bail is given prior notice of the reinstatement.
   (B) The bail has not surrendered the defendant.
   (d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the date
of forfeiture or within 180 days of the date of mailing of the
notice if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:
   (1) The defendant is deceased or otherwise permanently unable to
appear in the court due to illness, insanity, or detention by
military or civil authorities.
   (2) The absence of the defendant is without the connivance of the
bail.
   (e) In the case of a temporary disability, the court shall order
the tolling of the 180-day period provided in this section during the
period of temporary disability, provided that it appears to the
satisfaction of the court that the following conditions are met:
   (1) The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.
   (2) Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.
   (3) The absence of the defendant is without the connivance of the
bail.
   The period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation
of the disability to allow for the return of the defendant to the
jurisdiction of the court.
   (f) In all cases where a defendant is in custody  beyond
the jurisdiction of the court that ordered the bail forfeited
  outside the county where the case is located  ,
and the prosecuting agency elects not to seek extradition  or
transfer  after being informed of the location of the defendant,
the court shall vacate the forfeiture and exonerate the bond on
terms that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.  If
the prosecuting agency elects to extradite the defendant, the court
shall toll the 180-day time period for the time required by the
prosecuting agency to obtain an extradition warrant for the defendant
plus a reasonable time for the service of t  he warrant.

   (g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.  If the prosecuting
agency elects to extradite the defendant, the court shall toll the
180-day time period for the time required by the prosecuting agency
to obtain an extradition warrant for the defendant plus a reasonable
time for the service of the warrant. 
   (h) As used in this section, "arrest" includes a hold placed on
the defendant in the underlying case while he or she is in custody on
other charges.
   (i) A motion filed in a timely manner within the 180-day period
may be heard within 30 days of the expiration of the 180-day period.
The court may extend the 30-day period upon a showing of good cause.
The motion may be made by the surety insurer, the bail agent, the
surety, or the depositor of money or property, any of whom may appear
in person or through an attorney. The court, in its discretion, may
require that the moving party provide 10 days prior notice to the
applicable prosecuting agency, as a condition precedent to granting
the motion.
   SEC. 4.    Section 1306 of the   Penal Code
  is amended to read: 
   1306.  (a) When  any  a  bond is
forfeited and the period of time specified in Section 1305 has
elapsed without the forfeiture having been set aside, the court
 which   that  has declared the forfeiture,
regardless of the amount of the bail, shall enter a summary judgment
against each bondsman named in the bond in the amount for which the
bondsman is bound. The judgment shall be the amount of the bond plus
costs, and notwithstanding any other law, no penalty assessments
shall be levied or added to the judgment.
   (b) If a court grants relief from bail forfeiture, it shall impose
a monetary payment as a condition of relief to compensate the people
for the costs of returning a defendant to custody pursuant to
Section 1305, except for cases where the court determines that in the
best interest of justice no costs should be imposed. The amount
imposed shall reflect the actual costs of returning the defendant to
custody. Failure to act within the required time to make the payment
imposed pursuant to this subdivision shall not be the basis for a
summary judgment against any or all of the underlying amount of the
bail. A summary judgment entered for failure to make the payment
imposed under this subdivision is subject to the provisions of
Section 1308, and shall apply only to the amount of the costs owing
at the time the summary judgment is entered, plus administrative
costs and interests.
   (c) If, because of the failure of  any   a
 court to promptly perform the duties enjoined upon it pursuant
to this section, summary judgment is not entered within 90 days after
the date upon which it may first be entered, the right to do so
expires and the bail is exonerated.
   (d) A dismissal of the complaint, indictment, or information after
the default of the defendant shall not release or affect the
obligation of the bail bond or undertaking.
   (e) The district attorney  or   , 
county counsel  , or applicable prosecuting agency  shall:
   (1) Demand immediate payment of the judgment within 30 days after
the summary judgment becomes final.
   (2) If the judgment remains unpaid for a period of 20 days after
demand has been made, shall forthwith enforce the judgment in the
manner provided for enforcement of money judgments generally. If the
judgment is appealed by the surety or bondsman, the undertaking
required to be given in these cases shall be provided by a surety
other than the one filing the appeal. The undertaking shall comply
with the enforcement requirements of Section 917.1 of the Code of
Civil Procedure. 
   (3) If a motion to vacate forfeiture or judgment is made, be
authorized to enter into a court-approved resolution of the judgment
or forfeiture. 
   (f) The right to enforce a summary judgment entered against a
bondsman pursuant to this section shall expire two years after the
entry of the judgment.
   SEC. 5.    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.  
  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
revocation hearing officer appointed pursuant to Section 71622.5 of
the Government Code to revoke and terminate postrelease 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 supervision, waive a court
hearing, and accept the proposed modification of his or her
postrelease supervision. The petition shall include a written report
that contains additional information regarding the petition,
including the relevant terms and conditions of postrelease
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
supervision, the revocation hearing officer shall have authority to
do all of the following:
   (1) Return the person to postrelease supervision with
modifications of conditions, if appropriate, including a period of
incarceration in county jail.
   (2) Revoke postrelease 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.
   (4) At any time during the period of postrelease 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.
   (5) 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.
   (b) 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 a revocation hearing, and upon that determination, may order
the person confined pending a revocation hearing.
   (c) Confinement pursuant to paragraphs (1) and (2) of subdivision
(a) shall not exceed a period of 180 days in a county jail.
   (d) 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 supervision, except when a
bench or arrest warrant has been issued by a court or its designated
hearing officer and the person has not appeared. During the time the
warrant is outstanding the supervision period shall be tolled and
when the person appears before the court or its designated hearing
officer the supervision period may be extended for a period
equivalent to the time tolled.