Bill Text: CA SB419 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Restitution: collection of fines, fees, and orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State. Chapter 513, Statutes of 2014. [SB419 Detail]

Download: California-2013-SB419-Amended.html

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BILL NUMBER: SB 419	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 8, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Block

                        FEBRUARY 21, 2013

   An act to amend Sections 1203.2 of, and to add  and repeal
 Section 1203.35  to   of  , the Penal
Code, relating to supervised persons.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 419, as amended, Block. Supervised persons: flash
incarceration.
   (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.
   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.
   (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.
   This bill  would require,   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 in a county jail of not more than 10
consecutive days for any violation of a person's conditions of
probation or mandatory supervision, that he or she waive any right to
a court hearing. This bill would also permit each county agency
responsible for probation or mandatory supervision to determine
additional appropriate conditions of supervision consistent with
public safety, including the use of continuous electronic monitoring,
appropriate rehabilitation and treatment services, appropriate
incentives, and appropriate responses to alleged violations, which
may include, among other things, flash incarceration in a county
jail. This bill would encourage periods of flash incarceration, as
defined, as one method of punishment for violations of an offender's
condition of probation or mandatory supervision.  
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. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  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,  to persons
supervised on parole pursuant to Section 3008.08, probation,
mandatory supervision, or postrelease community supervision pursuant
to Part 3 (commencing with Section 3450) of Title 2.05. 
 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) A person subject to probation or mandatory
supervision shall 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
conditions of probation or mandatory supervision.
   (b) Each county agency responsible for probation or mandatory
supervision may determine and order additional appropriate conditions
of supervision consistent with public safety, including the use of
continuous electronic monitoring as defined in Section 1210.7,
appropriate rehabilitation and treatment services, appropriate
incentives, and appropriate responses to alleged violations,
including, but not 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 county
jail. Periods of flash incarceration are encouraged as one method of
punishment for violations of an offender's condition of probation or
mandatory supervision.
   (c) For 
    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 the 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.