California Assembly Bill AB1913 Amended / Bill

 BILL NUMBER: AB 1913AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 25, 2012 AMENDED IN ASSEMBLY MARCH 19, 2012 INTRODUCED BY Assembly Member Skinner FEBRUARY 22, 2012 An act to add Section 3455.01 to the Penal Code, relating to postrelease community supervision. LEGISLATIVE COUNSEL'S DIGEST AB 1913, as amended, Skinner. Postrelease community supervision: revocation: release on bail. Existing law requires that persons released from prison after serving a prison term for a felony, with exceptions, be released into postrelease community supervision for a period not exceeding 3 years. Existing law provides for immediate, structured, and intermediate sanctions to punish violations of an offender's conditions of postrelease supervision. Existing law allows the revocation of postrelease supervision by a revocation hearing officer appointed by the court upon a finding that the person has violated the conditions of postrelease supervision. This bill would allow a person on postrelease supervision who has a revocation petition filed against him or her to file an application for bail with the superior court. The bill would provide that bail pending revocation of postrelease community supervision is a matter within the sole discretion of the court.  The bill would provide criteria for the court to follow in determining whether to grant bail, and would require that public safety and the safety of the victim be the primary considerations of the court. The bill would state that   The bill would require a bail application made pursuant to these provisions to be governed by the procedures set forth in existing law for the taking of bail and would state that  nothing in its provisions would prohibit a court from making any order authorized by  specified provisions of existing law related to the taking of bail. The bill would further require the county agency responsible for filing the revocation petition to promptly notify the district attorney and any victim of an application for bail filed by a defendant. By imposing additional duties on a local public agency, the bill would impose a state-mandated local program   those provisions  .  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.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3455.01 is added to the Penal Code, to read: 3455.01. (a) A person subject to postrelease community supervision who has had a revocation petition filed against him or her by the county agency responsible for postrelease community supervision pursuant to subdivision (a) of Section 3455 may file an application for bail with the superior court. (b) Admittance to bail pending revocation of postrelease community supervision is a matter within the sole discretion of the court.  (c) (1) Notwithstanding any other provision of law, when considering an application for bail under this section, the court shall take into consideration the following criteria:   (A) The nature of the charges constituting the basis for the revocation petition.   (B) The seriousness of any pending criminal charges, including any alleged use of a firearm or other deadly weapon.  (C) The nature of the offense the person was placed on postrelease community supervision for.   (D) The previous criminal history of the defendant.   (E) The safety of the public and of any victim or witness and the victim's or witness' family.   (F) Efforts by the applicant toward rehabilitation.   (G) The probability the applicant will appear at the revocation hearing.   (H) The ties of the applicant to the community, including his or her employment, the duration of his or her residence, the applicant's family attachments, and his or her property holdings.   (I) The applicant's record of appearance at past court hearings or of flight to avoid prosecution.   (2) Public safety and the safety of the victim shall be the primary considerations of the court when deciding whether or not to grant an application for bail pursuant to this section.   (d) The county agency responsible for filing the revocation petition shall promptly notify the district attorney of the county and any victim of an application for bail filed pursuant to this section.   (e) Any amount of bail set pursuant to an application under this section shall be in addition to any other bail amount ordered for any additional pending criminal charges.   (f) Nothing in this section shall prohibit a court from making any order authorized by Chapter 1 (commencing with Section 1268) of Title 10 of Part 2.   (c) A bail application made pursuant to this section shall be governed by the procedures set forth in Chapter 1 (commencing with Section 1268) of Title 10 of Part 2, and nothing in this section shall prohibit a court from making any order authorized therein.   SEC. 2.   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.