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LEGISLATION COMMITTEE

Meeting Date:	04/02/2015
Subject: SB 266 (Block) Probation and Mandatory Supervision: Incarceration
Submitted For:	David Twa
Department:	County Administrator
Referral No.:	2015-07
Referral Name:	SB 266 (Block) Probation and Mandatory Supervision: Incarceration
Presenter:	L. DeLaney	Contact:	L. DeLaney, 925-335-1097

Information

Referral History:

This bill was referred to the Legislation Committee by County Probation Officer Philip Kader.

Referral Update:

SB 266 (Block) 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.

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.

As a result of Realignment, probation is now responsible for supervising Post-Release Community Supervision (PRCS) offenders. These offenders are now under local supervision instead of serving their supervision time under state parole jurisdiction. One of the tools that has been successful in supervising and working with PRCS offenders is the use of intermediate sanctions like "flash" incarceration.

“Flash” incarceration is a period of detention in county jail triggered by a violation of a condition of probation. The length of the detention period can range from one to ten consecutive days. Intermediate sanctions, like flash, balance holding offenders accountable for violations of their conditions of supervision while focusing on shorter disruptions from work, home, or programing which often result from longer term revocations.

While the authority to use flash for PRCS offenders was provided under AB 109 Realignment, the statute does not equally afford this authority for offenders on felony probation or Mandatory Supervision. Thus, the existing mechanism to address violations of probation is to initiate revocation proceedings which is a much lengthier process and can result in custody time much longer than the 10 days.

SB 266 gives county probation departments the authority to use flash incarceration, in response to a violation of probation, for any adult offender under their supervision for up to 10 days in county jail. While an offender would agree to the authority to use flash as part of their terms and conditions of probation, 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 department may address the alleged violation by filing a declaration or revocation request with the court for purposes of a traditional revocation hearing. This will ensure that an offender has the option to have their case heard in a revocation court proceeding should they request it.

Additionally, this section which would extend the authority to use flash to probation and mandatory supervision populations to January 1, 2021 unless extended.

In summary, this bill would, until January 1, 2021, 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.

Status:

03/24/2015

From SENATE Committee on PUBLIC SAFETY: Do pass as amended.

(See bill text in Attachment 1 and Committee analysis in Attachment 2.

Recommendation(s)/Next Step(s):

CONSIDER recommending a position of "Support" to the Board of Supervisors for SB 266 (Block) Probation and Mandatory Supervision: Incarceration.

Attachments
Bill Text
Attachment 2: Commitee Analysis