Plain English Breakdown
The official text contains conflicting numbering (e.g., '3rd/first', '4th/2nd') regarding which violation number triggers specific jail time limits; the summary uses the higher numbers as they appear in the final sequence of the text.
AB-1483: Rules for Supervision Violations
This law stops people on parole, probation, or mandatory supervision from being jailed for minor rule breaks unless a judge ends their supervision after a formal request is filed.
What This Bill Does
- Defines a technical violation as breaking supervision rules that does not involve committing a new misdemeanor or felony crime.
- Stops arrests, detention, or jail time for these violations unless a judge revokes the person's supervision after a petition is filed.
- Requires agents to give people accused of a violation a written summary explaining what they are alleged to have done wrong.
- Bans the use of flash incarceration, which was previously allowed as short-term confinement.
- Prohibits jail time for revoked supervision if it is a first or second technical violation.
Who It Names or Affects
- People serving parole after state prison release.
- People on probation or mandatory supervision ordered by courts.
- Local agencies and agents responsible for supervising these individuals.
- Judges who handle petitions to revoke supervision.
Terms To Know
- Technical violation
- Breaking a rule of supervision that is not a new criminal offense like a misdemeanor or felony.
- Flash incarceration
- A short period of jail time, previously allowed for one to ten days, used as a response to violations.
- Revocation petition
- A formal request filed with the court asking a judge to end a person's supervision status.
Limits and Unknowns
- The law limits jail time for revoked technical violations to no more than 7 days for the third violation, 15 days for the fourth, and 30 days for the fifth or later.
- Reimbursement costs for local agencies depend on whether the Commission on State Mandates finds state-mandated costs exist.