BILL NUMBER: AB 986INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Bradford FEBRUARY 22, 2013 An act to amend Sections 3453 and 3454 of the Penal Code, relating to flash incarceration. LEGISLATIVE COUNSEL'S DIGEST AB 986, as introduced, Bradford. Postrelease community supervision: flash incarceration: city jails. Existing law requires that specified persons released from prison on and after October 1, 2011, be subject to postrelease community supervision for a period not exceeding 3 years. Existing law specifies the conditions of postrelease community supervision and permits each county agency responsible for postrelease supervision to determine an order appropriate response to alleged violations, including flash incarceration in a county jail. Existing law defines flash incarceration as a period of detention in a county jail ranging from one to 10 days due to a violation of an offender's conditions of postrelease supervision. This bill would additionally permit flash incarceration in a city jail pursuant to the above provisions. The bill would make a conforming change. The bill would also make technical, nonsubstantive changes. 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 3453 of the Penal Code is amended to read: 3453. Postrelease community supervision shall include the following conditions: (a) The person shall be informed of the conditions of release. (b) The person shall obey all laws. (c) The person shall report to the supervising county agency within two working days of release from custody. (d) The person shall follow the directives and instructions of the supervising county agency. (e) The person shall report to the supervising county agency as directed by that agency. (f) The person, and his or her residence and possessions, shall be subject to search at any time of the day or night, with or without a warrant, by an agent of the supervising county agency or by a peace officer. (g) The person shall waive extradition if found outside the state. (h) The person shall inform the supervising county agency of the person's place of residence, employment, education, or training. (i) (1) The person shall inform the supervising county agency of any pending or anticipated changes in residence, employment, education, or training. (2) If the person enters into new employment, he or she shall inform the supervising county agency of the new employment within three business days of that entry. (j) The person shall immediately inform the supervising county agency if he or she is arrested or receives a citation. (k) The person shall obtain the permission of the supervising county agency to travel more than 50 miles from the person's place of residence. ( l ) The person shall obtain a travel pass from the supervising county agency before he or she may leave the county or state for more than two days. (m) The person shall not be in the presence of a firearm or ammunition, or any item that appears to be a firearm or ammunition. (n) The person shall not possess, use, or have access to any weapon listed in Section12020,16140, subdivision (c) of Section 16170, Section 16220, 16260, 16320, 16330, or 16340, subdivision (b) of Section 16460, Section 16470, subdivision (f) of Section 16520, or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210, 22215, 22410,32430,24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600. (o) (1) Except as provided in paragraph (2) and subdivision (p), the person shall not possess a knife with a blade longer than two inches. (2) The person may possess a kitchen knife with a blade longer than two inches if the knife is used and kept only in the kitchen of the person's residence. (p) The person may use a knife with a blade longer than two inches, if the use is required for that person's employment, the use has been approved in a document issued by the supervising county agency, and the person possesses the document of approval at all times and makes it available for inspection. (q) The person shall waive any right to a court hearing prior to the imposition of a period of "flash incarceration" in a city or county jail of not more than 10 consecutive days for any violation of his or her postrelease supervision conditions. (r) The person shall participate in rehabilitation programming as recommended by the supervising county agency. (s) The person shall be subject to arrest with or without a warrant by a peace officer employed by the supervising county agency or, at the direction of the supervising county agency, by any peace officer when there is probable cause to believe the person has violated the terms and conditions of his or her release. SEC. 2. 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 spent time 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. Periods of flash incarceration are encouraged as one method of punishment for violations of an offender's condition of postrelease supervision. (c)"FlashAs used in this title, "flash incarceration" is a period of detention in a city or county jail due to a violation of an offender's conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of an offender's 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.