Crimes: supervised release.

Plain English Breakdown

The bill summary does not specify how much extra work this will be for county agencies or what specific information must be shared with local law enforcement beyond existing requirements.

Supervised Release Rules

The bill requires the Department of Corrections and Rehabilitation to share more information with local law enforcement about inmates on parole or postrelease community supervision, including past records.

What This Bill Does

• Requires the Department of Corrections and Rehabilitation to provide local police with copies of an inmate's record from any previous period of parole when they are released.
• Makes county agencies provide all supervision records to the department upon request for inmates on postrelease community supervision.
• Adds a requirement that county agencies must petition a court to revoke or modify postrelease community supervision if someone violates it three times or commits another crime.
• Requires the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.

Who It Names or Affects

• Department of Corrections and Rehabilitation
• Local law enforcement agencies
• County agencies supervising inmates on postrelease community supervision

Terms To Know

Postrelease Community Supervision

A period after someone leaves prison where they must follow certain rules set by the state.

Flash Incarceration

A short time in jail as a punishment for breaking the rules of postrelease community supervision.

Limits and Unknowns

• The bill does not specify how much extra work this will be for county agencies.
• It is unclear what specific information must be shared with local law enforcement beyond existing requirements.

Official Summary Text

SB 759, as amended, Archuleta.
Crimes: supervised release.
(1)
Existing law requires the Department of Corrections and Rehabilitation to provide specified information to local law enforcement agencies regarding an inmate released by the department to the agency’s jurisdiction on parole or postrelease community supervision, including a record of the offense for which the inmate was convicted that resulted in parole or postrelease community supervision.
This bill would require the department to also provide the local law enforcement agency with copies of the record of supervision during any prior period of parole.
(2)
Existing law requires the department to be the agency primarily responsible for the Law Enforcement Automated Data System and requires county agencies supervising inmates released from prison on postrelease
community supervision to provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. Under existing law, this information may include the issuance of warrants, revocations, or the termination of postrelease community supervision.
This bill would require the county to provide the department, upon request, with all records of supervision. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(3)
Existing
Existing
law requires the county agency supervising the release of a person on postrelease community supervision to petition a court to revoke, modify, or terminate postrelease community supervision if the agency determines, following application of its assessment processes, that intermediate sanctions are not appropriate.
This bill would require the county agency supervising the release of a person on postrelease community supervision to also petition a court to revoke, modify, or terminate postrelease community supervision if the person has violated the terms of their release for a 3rd time and the person has committed a new felony or misdemeanor.
The bill would allow a peace officer to arrest a person without warrant who fails to appear at a hearing to revoke, modify, or terminate postrelease community supervision.
By imposing additional duties on county agencies administering
postrelease community supervision, this bill would impose a state-mandated local program.
(4)
Existing law allows each county agency responsible for postrelease supervision to determine appropriate responses to alleged violations, which can include a one to 10 consecutive day period of one to 10 consecutive days of flash incarceration.
This bill would require the probation department to notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration. By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program.
(5)
The
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 no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF