Bill Text

Bill Information


PDF |Add To My Favorites | print page

AB-723 Postrelease community supervision: revocation: release on bail or own recognizance.(2013-2014)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB723:v98#DOCUMENT

Amended  IN  Senate  July 02, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 723


Introduced by Assembly Member Quirk
(Coauthor: Assembly Member Skinner)

February 21, 2013


An act to add Section 3455.01 to the Penal Code, relating to postrelease community supervision.


LEGISLATIVE COUNSEL'S DIGEST


AB 723, as amended, Quirk. Postrelease community supervision: revocation: release on bail. bail or own recognizance.
Existing law requires that persons released from prison after serving a prison term for a felony, with exceptions, be released into postrelease community supervision for a period not exceeding 3 years. Existing law provides for immediate, structured, and intermediate sanctions to punish violations of an offender’s conditions of postrelease supervision. Existing law allows the revocation of postrelease supervision by a revocation hearing officer appointed by the court upon a finding that the person has violated the conditions of postrelease supervision.
This bill would allow a person on postrelease supervision who has a revocation petition filed against him or her to file an application for bail or release on his or her own recognizance with the superior court. The bill would provide that bail or own recognizance release pending revocation of postrelease community supervision is a matter within the sole discretion of the court. The bill would require a bail an application for bail or own recognizance release made pursuant to these provisions to be governed by the procedures set forth in existing law for the taking of bail and granting of own recognizance release and would state that its provisions do not prohibit a court from making any order authorized by those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3455.01 is added to the Penal Code, to read:

3455.01.
 (a) A person subject to postrelease community supervision who has had a revocation petition filed against him or her by the county agency responsible for postrelease community supervision pursuant to subdivision (a) of Section 3455 may file an application for bail or release on his or her own recognizance with the superior court.
(b) Admittance to bail or own recognizance release pending revocation of postrelease community supervision is a matter within the sole discretion of the court.
(c) A bail An application for bail or own recognizance release made pursuant to this section shall be governed by the procedures set forth in Chapter 1 (commencing with Section 1268) of Title 10 of Part 2.
(d) This section does not prohibit a court from making any order authorized by Chapter 1 (commencing with Section 1268) of Title 10 of Part 2.