HomeMy WebLinkAboutMINUTES - 05052015 - C.31RECOMMENDATION(S):
ADOPT a "Support" position on SB 266 (Block), as amended: Probation and Mandatory Supervision: Incarceration,
a bill that seeks to authorize the use of flash incarceration to detain the offender in county jail for not more than 10
days for a violation of his or her conditions of probation or mandatory supervision, and provides that these
provisions would not apply to persons convicted of certain drug offenses.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At its April 2, 2015 meeting, the Legislation Committee considered the recommendation from the County Probation
Officer to recommend a position of "Support" to the Board of Supervisors on SB 266.
CURRENT STATUS: 04/09/2015 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/05/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Lara DeLaney, (925)
335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: May 5, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C. 31
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:May 5, 2015
Contra
Costa
County
Subject:SB 266 (Block) Probation and Mandatory Supervision: Incarceration
BACKGROUND: (CONT'D)
SUMMARY:
Existing law:
1) Generally authorizes the use of a penalty known as "flash incarceration" for felons who have been released
from prison, are subject to supervision by state parole or county probation, and are believed to have violated a
condition of their supervision. (Penal Code Section ; 3008.8; 3450.) 2) Generally authorizes courts to suspend a
felony sentence and order the conditional and revocable release of an offender in the community to probation
supervision. (Penal Code Section 1203.)
3) Authorizes courts to impose what is known as a "split sentence" on persons convicted of a felony for which
any custodial time will be served locally (not in state prison), and where the court imposes a sentence comprised
of both time in custody and time subject to what is termed "mandatory supervision" in the community by
probation. (Penal Code Section 1170(h).)
This bill:
1) Gives courts the power to authorize a county probation officer to use flash incarceration for any violation of
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.
2) Requires that if the person on probation or mandatory supervision does not agree to accept a recommended
period of flash incarceration upon a finding of a violation, the probation officer may address the alleged violation
by filing a declaration or revocation request with the court.
3) Provides that for purposes of this section, "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. Shorter, but if necessary more frequent, periods of detention for
violations of an offender's conditions of probation or mandatory supervision shall appropriately punish an
offender while preventing the disruption in a work or home establishment that typically arises from longer periods
of detention."
4) Does not apply to defendants subject to Proposition 36 of 2000, as specified.
5) Contains a sunset clause of January 1, 2021.
Background
Two provisions in the "2011 Realignment Legislation Addressing Public Safety" changed the responsibilities of
probation. First, realignment provided that some inmates released from state prison would be subject to post
release community supervision, performed by probation instead of parole. Second, realignment provided that
certain persons convicted of felonies would not go to prison, but instead would be sentenced to local punishment
which could include jail time, mandatory community supervision, or both (a "split sentence"). Mandatory
supervision as part of a "split sentence" is done by probation.
Realignment authorized both parole and probation to employ "flash incarceration" as an "intermediate sanction"
for parole and PRCS violations. This bill extends this sanction to offenders on probation and mandatory
supervision.
The sponsor of this bill has provided an example demonstrating that, in some jurisdictions, courts now are
including flash incarceration authority in their orders for probation and mandatory supervision through the waiver
approach proposed by this bill.
SUPPORT
Chief Probation Officers of California (source)
California Probation, Parole and Correctional Association
California State Sheriffs' Association
OPPOSITION
California Attorneys for Criminal Justice
California Public Defenders Association
Legal Services for Prisoners with Children
ARGUMENTS IN SUPPORT: According to the proponents, this bill gives county probation departments the
authority to use flash incarceration for a person on probation or mandatory supervision similar to existing
authoring for PRCS offenders. By extending this authority, county probation departments can continue to use this
effective, evidence based tool for offenders under their supervision.
ARGUMENTS IN OPPOSITION: Opponents state that the "usage of flash incarceration is a waste of state
resources when those resources could be better served by focusing on rehabilitation programs such as community
education, counseling, and reentry services."
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County would not have a position on the bill.
ATTACHMENTS
Bill Text
AMENDED IN SENATE APRIL 7, 2015
SENATE BILL No. 266
Introduced by Senator Block
(Coauthor: Senator Anderson)
February 19, 2015
An act to add and repeal Section 1203.35 of the Penal Code, relating
to crimes.
legislative counsel’s digest
SB 266, as amended, Block. Probation and mandatory supervision:
flash incarceration.
Existing law authorizes probation and mandatory supervision, which
in each case is a period of time when a defendant is released from
incarceration and is subject to specified conditions and supervision by
county probation authorities.
This bill would, until January 1, 2021, allow a court to authorize the
use of flash incarceration, as defined, to detain the offender in county
jail for not more than 10 days for a violation of his or her conditions of
probation or mandatory supervision, as specified. These provisions
would not apply to persons convicted of certain drug possession
offenses.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1203.35 is added to the Penal Code, to
line 2 read:
98
line 1 1203.35. (a) In any case where the court grants probation or
line 2 imposes a sentence that includes mandatory supervision, the court
line 3 shall may authorize the county probation officer to use flash
line 4 incarceration for any violation of the conditions of probation or
line 5 mandatory supervision, if, at the time of granting probation or
line 6 ordering mandatory supervision, the court obtains from the
line 7 defendant a waiver to a court hearing prior to the imposition of a
line 8 period of flash incarceration. The waiver shall authorize the
line 9 probation officer, if the person on probation or mandatory
line 10 supervision does not agree to accept a recommended period of
line 11 flash incarceration upon a finding of a violation, to address the
line 12 alleged violation by filing a declaration or revocation request with
line 13 the court.
line 14 (b) For purposes of this section, “flash incarceration” is a period
line 15 of detention in a county jail due to a violation of an offender’s
line 16 conditions of probation or mandatory supervision. The length of
line 17 the detention period may range between one and 10 consecutive
line 18 days. Shorter, but if necessary more frequent, periods of detention
line 19 for violations of an offender’s conditions of probation or mandatory
line 20 supervision shall appropriately punish an offender while preventing
line 21 the disruption in a work or home establishment that typically arises
line 22 from longer periods of detention.
line 23 (c) This section shall not apply to any defendant sentenced
line 24 pursuant to Section 1210.1.
line 25 (d) This section shall remain in effect only until January 1, 2021,
line 26 and as of that date is repealed, unless a later enacted statute, that
line 27 is enacted before January 1, 2021, deletes or extends that date.
O
98
— 2 —SB 266