Existing law requires prisoners sentenced to imprisonment in the state prison to serve time on parole or community supervision after their release from prison. Existing law authorizes courts to suspend the imposition or execution of punishments in specified criminal cases and instead enforce terms of probation or mandatory supervision. Existing law allows agencies responsible for supervision to determine appropriate responses to alleged violations, which can include, among other things, a one to 10 consecutive day period of flash incarceration.
This bill would prohibit a person on any of those forms of supervision from being arrested, detained, or incarcerated for a technical violation of supervision, as defined, unless the person on supervision has had their supervision revoked by a judge after a revocation petition has been filed, except as specified. The bill would define a technical violation as any conduct in violation of a person's conditions of supervision that is not a new misdemeanor or felony. The bill would require a supervision agent to provide a person accused of a technical violation with a written summary of the technical violations alleged against them. The bill would prohibit the use of flash incarceration, and would make conforming changes. The bill would limit confinement pursuant to a revocation of supervision for a technical violation to no more than 7 days for the first revocation, 15 days for the 2nd revocation, and 30 days for the 3rd or subsequent revocation. By increasing duties on local supervision agents, this bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Statutes affected: AB 1483: 2600 PEN
02/21/25 - Introduced: 2600 PEN
03/24/25 - Amended Assembly: 17.5 PEN, 17.5 PEN, 1203 PEN, 1203 PEN, 1203.2 PEN, 1203.2 PEN, 1203.35 PEN, 1203.35 PEN, 1231 PEN, 1231 PEN, 3000.08 PEN, 3000.08 PEN, 3056 PEN, 3056 PEN, 3057 PEN, 3057 PEN, 3450 PEN, 3450 PEN, 3453 PEN, 3453 PEN, 3454 PEN, 3454 PEN, 3455 PEN, 3455 PEN, 2600 PEN
04/28/25 - Amended Assembly: 17.5 PEN, 1203 PEN, 1203.2 PEN, 1203.35 PEN, 1231 PEN, 3000.08 PEN, 3056 PEN, 3057 PEN, 3450 PEN, 3453 PEN, 3454 PEN, 3455 PEN