Bill Text: CA SB419 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Restitution: collection of fines, fees, and orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State. Chapter 513, Statutes of 2014. [SB419 Detail]

Download: California-2013-SB419-Amended.html

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BILL NUMBER: SB 419	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 10, 2014
	AMENDED IN ASSEMBLY  JUNE 18, 2013
	AMENDED IN SENATE  MAY 8, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Block

                        FEBRUARY 21, 2013

   An act to amend  Sections 1203.2 and 4019 of, and to add
and repeal Section 1203.35 of,   Sections 1214 and
2085.5 of  the Penal Code, relating to  supervised
persons   restitution  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 419, as amended, Block.  Supervised persons: flash
incarceration.   Restitution: collection of fines and
fees.  
   (1) Existing law requires the court to order criminal defendants
to pay restitution to the victim or victims as well as a restitution
fine. Existing law makes any portion of a restitution fine or
restitution fee that remains unsatisfied after a defendant is no
longer on probation, parole, postrelease community supervision or
mandatory supervision, or completed diversion enforceable by the
California Victim Compensation and Government Claims Board, as
specified, and authorizes a local collection program to continue to
enforce restitution orders once a defendant is no longer on
probation, postrelease community supervision, or mandatory
supervision.  
   This bill, in addition, would make restitution fines and fees that
remain unsatisfied after a person has completed a full term in
custody in a county jail enforceable by the California Victim
Compensation and Government Claims Board and would authorize a local
collection program to continue to collect those fines and fees. 

   (2) Existing law requires the Secretary of the Department of
Corrections and Rehabilitation to collect restitution fines and fees
from inmates and authorizes the collection of those fines and fees
from inmates in county jails by an agency designated by the county
board of supervisors. Existing law authorizes the secretary, the
local agency designated by the county board of supervisors, or, under
specified circumstances, a local collection program to collect
restitution fines and fees from parolees. Existing law authorizes the
secretary and the local agency to deduct and retain administrative
fees for fines collected from parolees.  
   This bill would authorize the secretary, the agency designated by
the county board of supervisors, or, under specified circumstances, a
local collection program to collect restitution fines and fees from
people on postrelease community supervision, mandatory supervision,
and county jail inmates who have served a completed sentence in a
county jail and to deduct and retain administrative fees for those
collections.  
   (1) Existing law authorizes a probation officer, parole officer,
or peace officer, at any time during the period of supervision of a
person released on probation, conditional sentence, summary
probation, or mandatory supervision, or when that person is subject
to revocation of postrelease community supervision or revocation of
parole supervision, to, without warrant or other process and at any
time until the final disposition of the case, rearrest the supervised
person and bring him or her before the court or the court may, in
its discretion, issue a warrant for that person's rearrest. Existing
law additionally authorizes, upon rearrest or upon the issuance of a
warrant for rearrest, the court to revoke and terminate the
supervision of the person if the interests of justice so require and
the court, in its judgment, has reason to believe that the person
has, among other things, violated any of the conditions of his or her
supervision. Existing law specifies that nothing in those provisions
affects the authority of the supervising agency to impose
intermediate sanctions, including flash incarceration, to persons
supervised on parole or postrelease community supervision, as
specified.  
   This bill would specify that nothing in the above provisions
affects the authority of the supervising agency to impose
intermediate sanctions, including flash incarceration, not only to
persons supervised on parole or postrelease community supervision, as
specified, but also to persons on court-ordered probation or
mandatory supervision.  
   (2) Existing law requires postrelease community supervision to
include specified conditions, including, among other things, that the
person obey all laws and waive any right to a court hearing prior to
the imposition of a period of flash incarceration in a county jail
of not more than 10 consecutive days for any violation of his or her
postrelease supervision conditions. Existing law permits each county
agency responsible for postrelease supervision to determine
additional specified appropriate conditions of supervision consistent
with public safety, including the use of continuous electronic
monitoring, and flash incarceration in a county jail. Existing law
encourages periods of flash incarceration as one method of punishment
for violations of an offender's condition of postrelease
supervision.  
   This bill would, until January 1, 2018, require the court, in any
case where the court grants probation or imposes a sentence that
includes mandatory supervision, to authorize the agency responsible
for that probation or mandatory supervision to use flash
incarceration for any violation of the conditions of that probation
or mandatory supervision if, at the time of granting probation or
ordering mandatory supervision, the court obtains from the defendant
a waiver to a court hearing prior to the imposition of a period of
flash incarceration. The bill would exempt from the imposition of
flash incarceration under these circumstances any defendant convicted
of a nonviolent drug possession offense who receives probation.
 
   (3) Existing law requires that for each 4-day period in which a
prisoner is confined in or committed to a facility, one day be
deducted from his or her period of confinement unless it appears by
the record that the prisoner has refused to satisfactorily perform
labor and an additional day be deducted from his or her period of
confinement unless he or she has not satisfactorily complied with the
reasonable rules and regulations of the facility. Existing law
specifies that no credits may be earned for periods of flash
incarceration imposed on persons subject to parole supervision or
postrelease supervision.  
   This bill would prohibit a person on probation or subject to
mandatory supervision from earning credits for periods of flash
incarceration. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1214 of the   Penal
Code   is amended to read: 
   1214.  (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation, parole,
postrelease community supervision pursuant to Section 3451,  or
 mandatory supervision  under   pursuant to
 subparagraph (B) of paragraph (5) of subdivision (h) of
Section 1170,  after a full term in custody pursuant to
subparagraph (A) of paragraph (5) of subdivision (h) of Section 1170,
 or  has completed   after completing
 diversion is enforceable by the California Victim Compensation
and Government Claims Board pursuant to this section. Notwithstanding
any other provision of law prohibiting disclosure, the state, as
defined in Section 900.6 of the Government Code, a local public
entity, as defined in Section 900.4 of the Government Code, or any
other entity, may provide the California Victim Compensation and
Government Claims Board any and all information to assist in the
collection of unpaid portions of a restitution fine for terminated
probation or parole cases, or of a restitution fee for completed
diversion cases. For purposes of the preceding sentence, "state, as
defined in Section 900.6 of the Government Code," and "any other
entity" shall not include the Franchise Tax Board. A local collection
program may continue to enforce restitution  fine  orders
once a defendant is no longer on probation, postrelease community
supervision, or mandatory supervision  or after a full term in
custody pursuant to subparagraph (A) of paragraph (5) of subdivision
(h) of Section 1170  .
   (b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (5) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (6) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (8) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (5) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (6) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (8) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation, parole, postrelease community supervision under
Section 3451, or mandatory supervision imposed pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170
 or after a full term in custody pursuant to subparagraph (A) of
paragraph (5) of subdivision (h)   of Section 1170  is
enforceable by the victim pursuant to this section. Victims and the
California Victim Compensation and Government Claims Board shall
inform the court whenever an order to pay restitution is satisfied. A
local collection program may continue to enforce victim restitution
orders once a defendant is no longer on probation, postrelease
community supervision, or mandatory supervision  or after
completion of a full term in custody pursuant to subparagraph (A) of
paragraph (5) of subdivision (h) of Section 1170  .
   (c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
   (1) In a misdemeanor case.
   (2) In a case involving violation of a city or town ordinance.
   (3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
   (d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to
any of the following:
   (1) A judgment for  any  court-ordered fines,
forfeitures, penalties, fees, or assessments.
   (2)  Any   A  restitution fine or
restitution order imposed pursuant to Section 1202.4, 1202.44, or
1202.45, or Section 1203.04, as operative on or before August 2,
1995, or Section 13967 of the Government Code, as operative on or
before September 28, 1994.
   (3)  Any   A  diversion restitution fee
ordered pursuant to Section 1001.90.
   SEC. 2.    Section 2085.5 of the   Penal
Code   is amended to read: 
   2085.5.  (a) In any case in which a  prisoner 
 state prison inmate  owes a restitution fine imposed
pursuant to subdivision (a) of Section 13967 of the Government Code,
as operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the Secretary of the Department of Corrections and
Rehabilitation shall deduct a minimum of 20 percent or the balance
owing on the fine amount, whichever is less, up to a maximum of 50
percent from the wages and trust account deposits of  a
prisoner   the state prison inmate  , unless
prohibited by federal law, and shall transfer that amount to the
California Victim Compensation and Government Claims Board for
deposit in the Restitution Fund in the State Treasury.  Any
  The  amount  so  deducted shall
be credited against the amount owing on the fine. The sentencing
court shall be provided a record of the payments.
   (b) (1)  When a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, in 
 In    any case in which a  county jail 
prisoner owes a restitution fine imposed pursuant to subdivision (a)
of Section 13967 of the Government Code, as operative prior to
September 28, 1994, subdivision (b) of Section 730.6 of the Welfare
and Institutions Code, or subdivision (b) of Section 1202.4, the
agency designated by the board of supervisors in the county where the
 county jail  prisoner is incarcerated is authorized to
deduct a minimum of 20 percent or the balance owing on the fine
amount, whichever is less, up to a maximum of 50 percent from the
county jail equivalent of wages and trust account deposits of a 
county jail  prisoner, unless prohibited by federal law, and
shall transfer that amount to the California Victim Compensation and
Government Claims Board for deposit in the Restitution Fund in the
State Treasury.  Any   The  amount 
so  deducted shall be credited against the amount owing on
the fine. The sentencing court shall be provided a record of the
payments.
   (2) If the board of supervisors designates the county sheriff as
the collecting agency, the board of supervisors shall first obtain
the concurrence of the county sheriff.
   (c) In any case in which a  prisoner   state
prison inmate  owes a restitution order imposed pursuant to
subdivision (c) of Section 13967 of the Government Code, as operative
prior to September 28, 1994, subdivision (h) of Section 730.6 of the
Welfare and Institutions Code, or subdivision (f) of Section 1202.4,
the Secretary of the Department of Corrections and Rehabilitation
shall deduct a minimum of 20 percent or the balance owing on the
order amount, whichever is less, up to a maximum of 50 percent from
the wages and trust account deposits of a  prisoner 
 state prison inmate  , unless prohibited by federal law.
The secretary shall transfer that amount to the California Victim
Compensation and Government Claims Board for direct payment to the
victim, or payment shall be made to the Restitution Fund to the
extent that the victim has received assistance pursuant to that
program. The sentencing court shall be provided a record of the
payments made to victims and of the payments deposited to the
Restitution Fund pursuant to this subdivision.
   (d)  When a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, in 
 In  any case in which a  county jail  prisoner
owes a restitution order imposed pursuant to subdivision (c) of
Section 13967 of the Government Code, as operative prior to September
28, 1994, subdivision (h) of Section 730.6 of the Welfare and
Institutions Code, or subdivision (b) of Section 1202.4, the agency
designated by the board of supervisors in the county where the 
county jail  prisoner is incarcerated is authorized to deduct a
minimum of 20 percent or the balance owing on the order amount,
whichever is less, up to a maximum of 50 percent from the county jail
equivalent of wages and trust account deposits of a  county jail
 prisoner, unless prohibited by federal law. The agency shall
transfer that amount to the California Victim Compensation and
Government Claims Board for direct payment to the victim, or payment
shall be made to the Restitution Fund to the extent that the victim
has received assistance pursuant to that program, or may pay the
victim directly. The sentencing court shall be provided a record of
the payments made to the victims and of the payments deposited to the
Restitution Fund pursuant to this subdivision.
   (e) The secretary shall deduct and retain from the wages and trust
account deposits of a  prisoner   state prison
inmate  , unless prohibited by federal law, an administrative
fee that totals 10 percent of any amount transferred to the
California Victim Compensation and Government Claims Board pursuant
to subdivision (a) or (c). The secretary shall deduct and retain from
any  prisoner   state prison inmate 
settlement or trial award, an administrative fee that totals 5
percent of any amount paid from the settlement or award to satisfy an
outstanding restitution order or fine pursuant to subdivision (n),
unless prohibited by federal law. The secretary shall deposit the
administrative fee moneys in a special deposit account for
reimbursing administrative and support costs of the restitution
program of the Department of Corrections and Rehabilitation. The
secretary, at his or her discretion, may retain any excess funds in
the special deposit account for future reimbursement of the
department's administrative and support costs for the restitution
program or may transfer all or part of the excess funds for deposit
in the Restitution Fund.
   (f)  When a prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, the
  The  agency designated by the board of
supervisors in the county where the prisoner is incarcerated is
authorized to deduct and retain from the county jail equivalent of
wages and trust account deposits of a  county jail 
prisoner, unless prohibited by federal law,  and 
 an  administrative fee that totals 10 percent of any amount
transferred to the California Victim Compensation and Government
Claims Board pursuant to subdivision (b) or (d). The agency is
authorized to deduct and retain from  any   a
county jail  prisoner settlement or trial award, an
administrative fee that totals 5 percent of any amount paid from the
settlement or award to satisfy an outstanding restitution order or
fine pursuant to subdivision (n), unless prohibited by federal law.
The agency shall deposit the administrative fee moneys in a special
deposit account for reimbursing administrative and support costs of
the restitution program of the agency. The agency is authorized to
retain any excess funds in the special deposit account for future
reimbursement of the agency's administrative and support costs for
the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
   (g) In any case in which a  parolee  
postrelease offender  owes a restitution fine imposed pursuant
to subdivision (a) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, subdivision (b) of Section
730.6 of the Welfare and Institutions Code, or subdivision (b) of
Section 1202.4, the secretary  , or, when a prisoner is
punished by imprisonment in a county jail pursuant to subdivision (h)
of Section 1170,   or  the agency designated by
the board of supervisors in the county where the  prisoner is
  postrelease offender was  incarcerated, may
collect from the  parolee   postrelease offender
 any moneys owing on the restitution fine amount, unless
prohibited by federal law. The secretary or the agency shall transfer
that amount to the California Victim Compensation and Government
Claims Board for deposit in the Restitution Fund in the State
Treasury.  Any   The  amount  so
 deducted shall be credited against the amount owing on the
fine. The sentencing court shall be provided a record of the
payments.
   (h) In any case in which a  parolee  
postrelease offender  owes a direct order of restitution,
imposed pursuant to subdivision (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994,
subdivision (h) of Section 730.6 of the Welfare and Institutions
Code, or paragraph (3) of subdivision (a) of Section 1202.4, the
secretary,  or, when a prisoner is punished by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170,
 the agency designated by the board of supervisors in the
county where the  prisoner is  postrelease
offender was  incarcerated  ,  or a local collection
program, may collect from the  parolee or person previously
imprisoned in county jail   postrelease offender 
any moneys owing, unless prohibited by federal law. The secretary
 or   ,  the agency  , or the
collection program  shall transfer that amount to the California
Victim Compensation and Government Claims Board for direct payment
to the victim, or payment shall be made to the Restitution Fund to
the extent that the victim has received assistance pursuant to that
program. The sentencing court shall be provided a record of the
payments made  by the offender  pursuant to this
subdivision.
   (i) The secretary  , or, when a prisoner is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170,   or  the agency designated by the board of
supervisors in the county where the  prisoner is
incarcerated,   postrelease   offender was
incarcerated  may deduct and retain from  any 
moneys collected from  parolees   postrelease
offenders  an administrative fee that totals 10 percent of any
amount transferred to the California Victim Compensation and
Government Claims Board pursuant to subdivision (g) or (h), unless
prohibited by federal law. The secretary shall deduct and retain from
any settlement or trial award of a parolee an administrative fee
that totals 5 percent of any amount paid from the settlement or award
to satisfy an outstanding restitution order or fine pursuant to
subdivision (n), unless prohibited by federal law. The agency is
authorized to deduct and retain from any settlement or trial award of
a  parolee   postrelease offender  an
administrative fee that totals 5 percent of  any 
 an  amount paid from the settlement or award to satisfy an
outstanding restitution order or fine pursuant to subdivision (n).
The secretary or the agency shall deposit the administrative fee
moneys in a special deposit account for reimbursing administrative
and support costs of the restitution program of the Department of
Corrections and Rehabilitation or the agency, as applicable. The
secretary, at his or her discretion, or the agency may retain any
excess funds in the special deposit account for future reimbursement
of the department's or agency's administrative and support costs for
the restitution program or may transfer all or part of the excess
funds for deposit in the Restitution Fund.
   (j) When a  prisoner   state prison inmate
 has both a restitution fine and a restitution order from the
sentencing court, the Department of Corrections and Rehabilitation
shall collect the restitution order first pursuant to subdivision
(c).
   (k) When a  county jail  prisoner  is punished by
imprisonment in a county jail pursuant to subdivision (h) of Section
1170 and that prisoner  has both a restitution fine and a
restitution order from the sentencing court, if the agency designated
by the board of supervisors in the county where the  county jail
 prisoner is incarcerated collects the fine and order, the
agency shall collect the restitution order first pursuant to
subdivision (d).
   (l) When a  parolee   postrelease offender
 has both a restitution fine and a restitution order from the
sentencing court, the Department of Corrections and Rehabilitation
 , or, when the prisoner is punished by imprisonment in a
county jail pursuant to subdivision (h) of Section 1170, 
 or  the agency designated by the board of supervisors in
the county where the  prisoner is   postrelease
offender was  incarcerated, may collect the restitution order
first, pursuant to subdivision (h).
   (m) If an inmate is housed at an institution that requires food to
be purchased from the institution canteen for unsupervised overnight
visits, and if the money for the purchase of this food is received
from funds other than the inmate's wages, that money shall be exempt
from restitution deductions. This exemption shall apply to the actual
amount spent on food for the visit up to a maximum of fifty dollars
($50) for visits that include the inmate and one visitor, seventy
dollars ($70) for visits that include the inmate and two or three
visitors, and eighty dollars ($80) for visits that include the inmate
and four or more visitors.
   (n)  Any compensatory   Compensatory 
  or punitive damages awarded by trial or settlement to
 any inmate, parolee, person placed on postrelease community
supervision pursuant to Section 3451, or defendant on mandatory
supervision imposed pursuant to subparagraph (B) of paragraph (5) of
subdivision (h) of Section 1170,  a state prison inmate,
a county jail prisoner, or a postrelease offender  in
connection with a civil action brought against  any 
 a  federal, state, or local jail, prison, or correctional
facility, or any official or agent thereof, shall be paid directly,
after payment of reasonable attorney's fees and litigation costs
approved by the court, to satisfy any outstanding restitution orders
or restitution fines against that person. The balance of  any
  the  award shall be forwarded to the payee after
full payment of all outstanding restitution orders and restitution
fines, subject to subdivisions (e) and (i). The Department of
Corrections and Rehabilitation shall make all reasonable efforts to
notify the victims of the crime for which that person was convicted
concerning the pending payment of any compensatory or punitive
damages. For  any   a county jail  prisoner
 punished by imprisonment in a county jail pursuant to
subdivision (h) of Section 1170  , the agency is authorized
to make all reasonable efforts to notify the victims of the crime for
which that person was convicted concerning the pending payment of
any compensatory or punitive damages.
   (o) (1) Amounts transferred to the California Victim Compensation
and Government Claims Board for payment of direct orders of
restitution shall be paid to the victim within 60 days from the date
the restitution revenues are received by the California Victim
Compensation and Government Claims Board. If the restitution payment
to a victim is less than fifty dollars ($50), then payment need not
be forwarded to that victim until the payment reaches fifty dollars
($50) or until 180 days from the date the first payment is received,
whichever occurs sooner.
   (2)  In any case in which   When  
   a victim cannot be located, the restitution revenues
received by the California Victim Compensation and Government Claims
Board on behalf of the victim shall be held in trust in the
Restitution Fund until the end of the state fiscal year subsequent to
the state fiscal year in which the funds were deposited or until the
time that the victim has provided current address information,
whichever occurs sooner. Amounts remaining in trust at the end of the
specified period of time shall revert to the Restitution Fund.
   (3) (A)  Any   A  victim failing to
provide a current address within the period of time specified in
paragraph (2) may provide documentation to the Department of
Corrections and Rehabilitation  ,  which  in turn
 shall  then  verify that moneys were  , 
in fact  ,  collected on behalf of the victim. Upon receipt
of that verified information from the Department of Corrections and
Rehabilitation, the California Victim Compensation and Government
Claims Board shall transmit the restitution revenues to the victim in
accordance with the provisions of subdivision (c) or (h).
   (B)  Any   A    victim failing
to provide a current address within the period of time specified in
paragraph (2) may provide documentation to the agency designated by
the board of supervisors in the county where the  county jail
 prisoner  punished by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170  is
incarcerated, which  in turn   then  may
verify that moneys were  ,  in fact  ,  collected
on behalf of the victim. Upon receipt of that verified information
from the agency, the California Victim Compensation and Government
Claims Board shall transmit the restitution revenues to the victim in
accordance with the provisions of subdivision (d) or (h). 
   (p) For purposes of this section, the following definitions shall
apply:  
   (1) "County jail prisoner" means a person punished by imprisonment
in a county jail pursuant to subdivision (h) of Section 1170. 

   (2) "Postrelease offender" means a person who is on parole, is
placed on postrelease community supervision pursuant to Section 3451,
is on mandatory supervision pursuant to subparagraph (B) of
paragraph (5) of subdivision (h) of Section 1170, or a person who has
served a completed term in county jail and been released.  

   (3) "State prison inmate" means a person sentenced to and serving
time in a state prison.  
  SECTION 1.    Section 1203.2 of the Penal Code is
amended to read:
   1203.2.  (a) At any time during the period of supervision of a
person (1) released on probation under the care of a probation
officer pursuant to this chapter, (2) released on conditional
sentence or summary probation not under the care of a probation
officer, (3) placed on mandatory supervision pursuant to subparagraph
(B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject
to revocation of postrelease community supervision pursuant to
Section 3455, or (5) subject to revocation of parole supervision
pursuant to Section 3000.08, if any probation officer, parole
officer, or peace officer has probable cause to believe that the
supervised person is violating any term or condition of his or her
supervision, the officer may, without warrant or other process and at
any time until the final disposition of the case, rearrest the
supervised person and bring him or her before the court or the court
may, in its discretion, issue a warrant for his or her rearrest. Upon
such rearrest, or upon the issuance of a warrant for rearrest the
court may revoke and terminate the supervision of the person if the
interests of justice so require and the court, in its judgment, has
reason to believe from the report of the probation or parole officer
or otherwise that the person has violated any of the conditions of
his or her supervision, has become abandoned to improper associates
or a vicious life, or has subsequently committed other offenses,
regardless whether he or she has been prosecuted for such offenses.
However, the court shall not terminate parole pursuant to this
section. Supervision shall not be revoked for failure of a person to
make restitution imposed as a condition of supervision unless the
court determines that the defendant has willfully failed to pay and
has the ability to pay. Restitution shall be consistent with a person'
s ability to pay. The revocation, summary or otherwise, shall serve
to toll the running of the period of supervision.
   (b) (1) Upon its own motion or upon the petition of the supervised
person, the probation or parole officer or the district attorney of
the county in which the person is supervised, the court may modify,
revoke, or terminate supervision of the person pursuant to this
subdivision, except                                            that
the court shall not terminate parole pursuant to this section. A
person supervised on parole or postrelease community supervision
pursuant to Section 3455 may not petition the court pursuant to this
section for early release from supervision, and a petition under this
section shall not be filed solely for the purpose of modifying
parole. Nothing in this section shall prohibit the court from
modifying parole when acting on its own motion or a petition to
revoke parole. The court shall give notice of its motion, and the
probation or parole officer or the district attorney shall give
notice of his or her petition to the supervised person, his or her
attorney of record, and the district attorney or the probation or
parole officer, as the case may be. The supervised person shall give
notice of his or her petition to the probation or parole officer and
notice of any motion or petition shall be given to the district
attorney in all cases. The court shall refer its motion or the
petition to the probation or parole officer. After the receipt of a
written report from the probation or parole officer, the court shall
read and consider the report and either its motion or the petition
and may modify, revoke, or terminate the supervision of the
supervised person upon the grounds set forth in subdivision (a) if
the interests of justice so require.
   (2) The notice required by this subdivision may be given to the
supervised person upon his or her first court appearance in the
proceeding. Upon the agreement by the supervised person in writing to
the specific terms of a modification or termination of a specific
term of supervision, any requirement that the supervised person make
a personal appearance in court for the purpose of a modification or
termination shall be waived. Prior to the modification or termination
and waiver of appearance, the supervised person shall be informed of
his or her right to consult with counsel, and if indigent the right
to secure court appointed counsel. If the supervised person waives
his or her right to counsel a written waiver shall be required. If
the supervised person consults with counsel and thereafter agrees to
a modification, revocation, or termination of the term of supervision
and waiver of personal appearance, the agreement shall be signed by
counsel showing approval for the modification or termination and
waiver.
   (c) Upon any revocation and termination of probation the court
may, if the sentence has been suspended, pronounce judgment for any
time within the longest period for which the person might have been
sentenced. However, if the judgment has been pronounced and the
execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and
effect. In either case, the person shall be delivered over to the
proper officer to serve his or her sentence, less any credits herein
provided for.
   (d) In any case of revocation and termination of probation,
including, but not limited to, cases in which the judgment has been
pronounced and the execution thereof has been suspended, upon the
revocation and termination, the court may, in lieu of any other
sentence, commit the person to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities if he or she is
otherwise eligible for such commitment.
   (e) If probation has been revoked before the judgment has been
pronounced, the order revoking probation may be set aside for good
cause upon motion made before pronouncement of judgment. If probation
has been revoked after the judgment has been pronounced, the
judgment and the order which revoked the probation may be set aside
for good cause within 30 days after the court has notice that the
execution of the sentence has commenced. If an order setting aside
the judgment, the revocation of probation, or both is made after the
expiration of the probationary period, the court may again place the
person on probation for that period and with those terms and
conditions as it could have done immediately following conviction.
   (f) As used in this section, the following definitions shall
apply:
   (1) "Court" means a judge, magistrate, or revocation hearing
officer described in Section 71622.5 of the Government Code.
   (2) "Probation officer" means a probation officer as described in
Section 1203 or an officer of the agency designated by the board of
supervisors of a county to implement postrelease community
supervision pursuant to Section 3451.
   (3) "Supervised person" means a person who satisfies any of the
following:
   (A) He or she is released on probation subject to the supervision
of a probation officer.
   (B) He or she is released on conditional sentence or summary
probation not under the care of a probation officer.
   (C) He or she is subject to mandatory supervision pursuant to
subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.

   (D) He or she is subject to revocation of postrelease community
supervision pursuant to Section 3455.
   (E) He or she is subject to revocation of parole pursuant to
Section 3000.08.
   (g) Nothing in this section affects the authority of the
supervising agency to impose on a person intermediate sanctions,
including flash incarceration, if the person is subject to any of the
following:
   (1) Parole supervision pursuant to Section 3000.08.
   (2) Postrelease community supervision pursuant to Part 3
(commencing with Section 3450) of Title 2.05.
   (3) Court-ordered probation.
   (4) Mandatory supervision pursuant to paragraph (5) of subdivision
(h) of Section 1170.  
  SEC. 2.    Section 1203.35 is added to the Penal
Code, immediately following Section 1203.3, to read:
   1203.35.  (a) In any case where the court grants probation or
imposes a sentence that includes mandatory supervision pursuant to
paragraph (5) of subdivision (h) of Section 1170, the court shall
authorize the agency responsible for that probation or mandatory
supervision to use flash incarceration for any violation of the
conditions of probation or mandatory supervision if, at the time of
granting probation or ordering mandatory supervision, the court
obtains from the defendant a waiver to a court hearing prior to the
imposition of a period of flash incarceration.
   (b) For purposes of this chapter, "flash incarceration" is a
period of detention in a county jail due to a violation of an
   offender's conditions of probation or mandatory supervision. The
length of the detention period may range between one and 10
consecutive days. Flash incarceration is a tool that may be used by
each county agency responsible for probation or mandatory
supervision. Shorter, but if necessary more frequent, periods of
detention for violations of an offender's probation or mandatory
supervision shall appropriately punish an offender while preventing
the disruption in a work or home establishment that typically arises
from longer term revocations.
   (c) This section shall not apply to any defendant sentenced
pursuant to Section 1210.1.
   (d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.  
  SEC. 3.    Section 4019 of the Penal Code is
amended to read:
   4019.  (a) The provisions of this section shall apply in all of
the following cases:
   (1) When a prisoner is confined in or committed to a county jail,
industrial farm, or road camp, or any city jail, industrial farm, or
road camp, including all days of custody from the date of arrest to
the date on which the serving of the sentence commences, under a
judgment of imprisonment, or a fine and imprisonment until the fine
is paid in a criminal action or proceeding.
   (2) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp as a condition of probation after suspension of
imposition of a sentence or suspension of execution of sentence, in a
criminal action or proceeding.
   (3) When a prisoner is confined in or committed to the county
jail, industrial farm, or road camp or any city jail, industrial
farm, or road camp for a definite period of time for contempt
pursuant to a proceeding, other than a criminal action or proceeding.

   (4) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp
following arrest and prior to the imposition of sentence for a felony
conviction.
   (5) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as part
of custodial sanction imposed following a violation of postrelease
community supervision or parole.
   (6) When a prisoner is confined in a county jail, industrial farm,
or road camp, or a city jail, industrial farm, or road camp as a
result of a sentence imposed pursuant to subdivision (h) of Section
1170.
   (b) Subject to the provisions of subdivision (d), for each
four-day period in which a prisoner is confined in or committed to a
facility as specified in this section, one day shall be deducted from
his or her period of confinement unless it appears by the record
that the prisoner has refused to satisfactorily perform labor as
assigned by the sheriff, chief of police, or superintendent of an
industrial farm or road camp.
   (c) For each four-day period in which a prisoner is confined in or
committed to a facility as specified in this section, one day shall
be deducted from his or her period of confinement unless it appears
by the record that the prisoner has not satisfactorily complied with
the reasonable rules and regulations established by the sheriff,
chief of police, or superintendent of an industrial farm or road
camp.
   (d) Nothing in this section shall be construed to require the
sheriff, chief of police, or superintendent of an industrial farm or
road camp to assign labor to a prisoner if it appears from the record
that the prisoner has refused to satisfactorily perform labor as
assigned or that the prisoner has not satisfactorily complied with
the reasonable rules and regulations of the sheriff, chief of police,
or superintendent of any industrial farm or road camp.
   (e) No deduction may be made under this section unless the person
is committed for a period of four days or longer.
   (f) It is the intent of the Legislature that if all days are
earned under this section, a term of four days will be deemed to have
been served for every two days spent in actual custody.
   (g) The changes in this section as enacted by the act that added
this subdivision shall apply to prisoners who are confined to a
county jail, city jail, industrial farm, or road camp for a crime
committed on or after the effective date of that act.
   (h) The changes to this section enacted by the act that added this
subdivision shall apply prospectively and shall apply to prisoners
who are confined to a county jail, city jail, industrial farm, or
road camp for a crime committed on or after October 1, 2011. Any days
earned by a prisoner prior to October 1, 2011, shall be calculated
at the rate required by the prior law.
   (i) This section shall not apply, and no credits may be earned,
for periods of flash incarceration imposed pursuant to Section
1203.35, 3000.08, or 3454.