Bill Text: CA AB1284 | 2011-2012 | Regular Session | Introduced
Bill Title: Probation bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1284 Detail]
Download: California-2011-AB1284-Introduced.html
BILL NUMBER: AB 1284 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hagman
FEBRUARY 18, 2011
An act to add Section 1203.3a to the Penal Code, relating to
prisoners.
LEGISLATIVE COUNSEL'S DIGEST
AB 1284, as introduced, Hagman. Probation bonds.
Existing law authorizes the court to grant probation, as defined,
to certain persons convicted of a crime. Persons placed on probation
by a court are under the supervision of the county probation officer
who determines both the level and type of supervision consistent with
the court-ordered conditions of probation. Existing law also
provides that if, at any time during the probationary period, the
court has reason to believe that the probationer is violating any
term or condition of his or her probation, the court may modify,
revoke, or terminate the probation.
This bill would provide, in addition, that in lieu of revoking
probation, the court, as a condition for continuing a defendant's
probation, may order the defendant to post a bond from a licensed
surety not to exceed $10,000 if the defendant was convicted of a
misdemeanor and not to exceed $25,000 if the defendant was convicted
of a felony, to secure compliance with any or all of the terms and
conditions of probation. The bill would require the court, within 10
days of noncompliance with the terms of probation after a bond has
been posted, to notify the defendant, the surety, and the bail agent
of the probation revocation hearing. The bill would require the court
to declare the bond forfeited if the defendant does not appear at
the hearing. The bill would provide that, in lieu of forfeiture, the
bond may be reinstated, as provided. In the case of forfeiture, this
bill would require that the surety be notified within 30 days of the
forfeiture. If the defendant is returned to custody within 180 days,
this bill would require that the bond be exonerated.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) According to the Department of Corrections and Rehabilitation,
over 150,000 people are in state prison, which is nearly double the
system's capacity. In addition, county jails are overcrowded.
(2) The overcrowding of prisons and the breakdown of the parole
and probation systems have become serious problems. The recidivism
rate among those released early from state prisons is extremely high,
with 67.5 percent of criminals released from prison being rearrested
for a felony or serious misdemeanor within three years.
(3) Currently, 10 percent of those on parole or probation simply
disappear, compared with only 3 percent of those released on private
bail bonds. Furthermore, 15 murders a day are committed by people
under government supervision and 53 percent of prison inmates were on
probation, parole, or pretrial release at the time of their
incarceration.
(4) Not only do criminals commit new crimes while under
supervision, many choose to simply run away. Frequently, there is
little effort made to track these runaways down.
(b) In order to properly protect California's citizens, the
Legislature enacts this measure relating to probation bonds.
SEC. 2. Section 1203.3a is added to the Penal Code, to read:
1203.3a. (a) In lieu of revoking the probation of a defendant,
the court may, in the court's discretion and as a condition of
continuing that defendant's probation, permit the defendant to post a
bond from a licensed surety to secure compliance with any or all of
the terms and conditions of probation.
(b) Any bond to be posted pursuant to this section shall be a
written undertaking in an amount not to exceed ten thousand dollars
($10,000) if the defendant was convicted of a misdemeanor or in an
amount not to exceed twenty-five thousand dollars ($25,000) if the
defendant was convicted of a felony. The bond shall be delivered by
the surety to the court and shall describe the terms and conditions
of the surety's obligations.
(c) The bond of a licensed surety shall be accepted by the court
if executed by a licensed bail agent of the surety. The bond shall
have a one-year term and may be renewed annually. At the time of
renewal, application may be made to the court to reduce the amount of
the bond. The application may be made by the surety or the
defendant. The annual premium for the bond shall be fully earned on
execution or renewal.
(d) Provided the defendant complies with all terms and conditions
imposed by the court, the bond shall be exonerated at the earlier of:
(1) The conclusion of the term set by the court.
(2) Five years from the date of the posting of bond.
(e) Subject to the terms and conditions described in the bond,
upon the defendant's noncompliance with any of the terms and
conditions of probation after a bond has been posted pursuant to this
section, the court shall, within 10 days of noncompliance, mail
notice of the probation revocation hearing to the defendant, surety,
and bail agent. If the defendant fails to appear at the hearing, the
court shall declare the bond forfeited and shall provide written
notice of the forfeiture to the surety and the bail agent whose name
appears on the bond. The notice of forfeiture shall be mailed to the
surety and the bail agent at the address specified on the bond. The
notice of forfeiture shall contain proof of mailing and shall be
mailed to the surety and the bail agent within 30 calendar days of
the bond being forfeited. If notice of forfeiture is not mailed
within the 30-day period, the surety shall be relieved of all
obligations under the bond and the bond shall be exonerated. In lieu
of exonerating the bond, the court may make an order to reinstate the
bond and release the defendant on the same bond if both of the
following conditions are satisfied:
(1) The surety and bail agent are given prior notice of the
reinstatement.
(2) The surety or bail agent has not surrendered the defendant to
custody.
(f) If the defendant surrenders or is returned to custody, either
voluntarily or after surrender or arrest, within 180 calendar days of
the date of the mailing of the notice of forfeiture, the bond shall
no longer be deemed forfeited and shall be exonerated.
(g) Except where expressly inconsistent with this section, the
provisions of Article 6 (commencing with Section 1300) of Chapter 1
of Title 10 of Part 2, including, but not limited to, the provisions
relating to the surrender of the defendant, surrender of the
defendant before forfeiture of the bond, and the forfeiture or
reinstatement of the bond, shall govern bonds provided for in this
section.
(h) For purposes of this section, a licensed surety is a person
holding a bail license issued pursuant to Chapter 7 (commencing with
Section 1800) of Part 2 of Division 1 of the Insurance Code.
