Crimes: supervised release.
SB 759
California Bills
20250SB__075998AMD INTRODUCED 2025-02-21 AMENDED_SENATE 2025-05-23 2025 SB AMD Introduced by Senator Archuleta LEAD_AUTHOR SENATE Archuleta
An act to amend
Section of the Penal Code, relating to supervised release. supervised release Crimes: supervised release. (1)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>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.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>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.</xhtml:p><xhtml:p>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.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Existing</xhtml:p>"?> 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.
By imposing additional duties on county agencies administering postrelease community supervision, this bill would impose a state-mandated local program. (4)<xhtml:span class="EnSpace"/>Existing law allows each county agency responsible for postrelease supervision to determine appropriate responses to alleged violations, which can include a one to consecutive day period of one to consecutive days of flash incarceration.</xhtml:p><xhtml:p>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.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The</xhtml:p>"?> 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.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows: <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3003.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_26F465AC-9D8F-46C0-8BB3-80FBEA358FB3"><caml:Num>3003.</caml:Num><caml:LawSectionVersion id="id_C88918A2-62B9-4227-8C2F-F0DFF5ADAA92"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with
Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to the inmate’s incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with
Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to
Section 290, shall, through all efforts reasonably possible, be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which the inmate has family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to the inmate’s victim.
For purposes of this subdivision, “last legal residence” shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public.
When setting conditions of parole, if the Board of Parole Hearings, upon granting parole to a person, or the Department of Corrections and Rehabilitation decides on a return to another county or city, it shall place its reasons in writing in the parolee’s permanent record and the reasons shall be included in the notice to the sheriff or chief of police pursuant to
Section 3058.6.
In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The need to protect the life or safety of a victim, the parolee, a witness, or any other person.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Public concern that would reduce the chance that the inmate’s parole would be successfully completed.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>The verified existence of a work offer, or an educational or vocational training program chosen by the inmate in another county.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to
Section in the county of last legal residence.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>The existence of a housing option in another county, including with a relative or acceptance into a transitional housing program of choice.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The Department of Corrections and Rehabilitation, in determining an out-of-county commitment pursuant to this section, shall give priority to the safety of the community and any witnesses and victims.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Absent evidence that parole transfer would present a threat to public safety, the inmate shall be released to the county in the location of a verified existence of a postsecondary educational or vocational training program of the inmate’s choice, or of a verified existence of a work offer, the inmate’s family, outpatient treatment, or housing.
The burden of verifying the existence of an educational or vocational training program or a work offer shall be on the person on parole. The Department of Corrections and Rehabilitation shall complete the parole transfer process prior to release and ensure the person is released from prison directly to the county where the postsecondary educational or vocational training program chosen by the inmate, or the work offer, the inmate’s family, outpatient treatment, or housing is located.
This paragraph shall not apply to placement and participation in a transitional housing program during the first year after release pursuant to a condition of parole imposed by the Board of Parole Hearings upon granting parole at a hearing conducted under
Article 3 (commencing with
Section 3040).</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Absent evidence that travel outside of the county of commitment would present a threat to public safety, a person on parole shall be granted a permit to travel outside the county of commitment to a location where the person has postsecondary educational or vocational training program opportunities, including classes, conferences, or extracurricular educational activities, an employment opportunity, or inpatient or outpatient treatment.
A parole agent shall provide a written response of their decision within days after receiving the request for a travel permit.
If the parole agent denies the request for an out-of-county travel permit, they shall include in writing the reasons the travel would present a threat to public safety.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Absent evidence that transfer to a county outside the county of commitment would present a threat to public safety, a person on parole shall be granted approval of an application to transfer residency and parole to another county where the person has a verified existence of a postsecondary educational or vocational training program chosen by the inmate, or a verified existence of a work offer, the person’s family, inpatient or outpatient treatment, or housing.
The burden of verifying the existence of an educational or vocational training program or a work offer shall be on the person on parole. A parole agent shall provide a written response of their decision within days after receiving the request for the transfer application. If the parole agent denies the application for a transfer of parole to another county, they shall include in writing the reasons the transfer would present a threat to public safety.
This paragraph shall not apply to placement and participation in a transitional housing program during the first year after release pursuant to a condition of parole imposed by the Board of Parole Hearings upon granting parole at a hearing conducted under
Article 3 (commencing with
Section 3040).</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The department and probation officers may extend paragraphs (2) through (4), inclusive, to individuals released on postrelease community supervision. The Legislature finds and declares that the department and probation officers are strongly encouraged to apply this paragraph to individuals released on postrelease community supervision.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>In making its decision about an inmate who participated in a joint venture program pursuant to
Article 1.5 (commencing with
Section 2717.1) of
Chapter 5, the paroling authority shall release the inmate to the county where the joint venture program employer is located if that employer states to the paroling authority that the employer intends to employ the inmate upon release.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with
Section 3450) who is released in their jurisdictions:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Last, first, and middle names.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Birth date.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Sex, race, height, weight, and hair and eye color.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Date of parole or placement on postrelease community supervision and discharge.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.</xhtml:p><xhtml:p>(F)<xhtml:span class="EnSpace"/>California Criminal Information Number, FBI number, social security number, and driver’s license number.</xhtml:p><xhtml:p>(G)<xhtml:span class="EnSpace"/>County of commitment.</xhtml:p><xhtml:p>(H)<xhtml:span class="EnSpace"/>A description of scars, marks, and tattoos on the inmate.</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.</xhtml:p><xhtml:p>(J)<xhtml:span class="EnSpace"/>Address, including all of the following information:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Street name and number.
Post office box numbers are not acceptable for purposes of this subparagraph.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>City and ZIP Code.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>Date that the address provided pursuant to this subparagraph was proposed to be effective.</xhtml:p><xhtml:p>(K)<xhtml:span class="EnSpace"/>Contact officer and unit, including all of the following information:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Name and telephone number of each contact officer.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.</xhtml:p><xhtml:p>(L)<xhtml:span class="EnSpace"/>A digitized image of the photograph and at least a single digit fingerprint of the parolee.</xhtml:p><xhtml:p>(M)<xhtml:span class="EnSpace"/>A geographic coordinate for the inmate’s residence location for use with a Geographical Information System (GIS) or comparable computer program.</xhtml:p><xhtml:p>(N)<xhtml:span class="EnSpace"/>Copies of the record of supervision during any prior period of parole.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (
a) of
Section the inmate’s tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to
Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts and of Title of the Code of Federal Regulations.
This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or the secretary’s designee, determines that this provision is not preempted by HIPAA.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database.
The information obtained from each source shall be based on the same timeframe.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The unauthorized release or receipt of the information described in this subdivision is a violation of
Section 11143.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within miles of the actual residence of a victim of, or a witness to, any of the following crimes:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (
c) of
Section 667.5.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in
Section 12022.53, 12022.7, or 12022.9.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>A violation of paragraph (1), (3), or (4) of subdivision (
a) of
Section 261, subdivision (f), (g), or (
i) of
Section 286, subdivision (f), (g), or (
i) of
Section or of former
Section 288a, or subdivision (b), (d), or (
e) of
Section 289.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>Notwithstanding any other law, an inmate who is released on parole for a violation of
Section or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of the inmate’s parole, within one-half mile of a public or private school including any or all of kindergarten and grades to 12, inclusive.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within miles of the victim’s or witness’ actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim.
If an inmate who is released on postrelease community supervision cannot be placed in the inmate’s county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>An inmate may be paroled to another state pursuant to any other law.
The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with
Section 3450).</xhtml:p><xhtml:p>(k)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with
Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include all records of supervision and the issuance of warrants, revocations, or the termination of postrelease community supervision.
On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.</xhtml:p><xhtml:p>(<xhtml:i>l</xhtml:i>)<xhtml:span class="EnSpace"/>In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision.
The data required by this subdivision shall be provided via electronic transfer.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_3E97548E-9163-45B4-B7B3-FBA323624C1D"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.05.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3454.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Penal Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_A905E6AF-CCEF-4C55-BA1D-A5109174A49E"><caml:Num>3454.</caml:Num><caml:LawSectionVersion id="id_F55B7C5B-FED6-4D71-9D75-33EAE1DDB753"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (
a) of
Section 3451, shall establish a review process for assessing and refining a person’s program of postrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offender’s risk of recidivism, and the offender’s criminal history, and be otherwise consistent with law.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (
a) of
Section 3451, may determine additional appropriate conditions of supervision listed in
Section consistent with public safety, including the use of continuous electronic monitoring as defined in
Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to
Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offender’s condition of postrelease supervision.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>As used in this title, “flash incarceration” is a period of detention in a city or county jail due to a violation of an offender’s conditions of postrelease supervision. The length of the detention period can range between one and consecutive days.
Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision.
Shorter, but if necessary more frequent, periods of detention for violations of an offender’s postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>Upon a decision to impose a period of flash incarceration, the probation department shall notify the court, public defender, district attorney, and sheriff of each imposition of flash incarceration.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>
SECTION 1.
Section of the Penal Code is amended to read: 3455. (
a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision (
b) of
Section are not appropriate, or if the supervised person has violated the terms of their release for a third time and has committed a new felony or misdemeanor, the supervising county agency shall petition the court pursuant to
Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section, a person may waive, in writing, their right to counsel, admit the violation of their postrelease community supervision, waive a court hearing, and accept the proposed modification of their postrelease community supervision.
The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, and any recommendations. The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports.
Upon a finding that the person has violated the conditions of postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:
(1) Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail.
(2) Revoke and terminate postrelease community supervision and order the person to confinement in a county jail.
(3) Refer the person to a reentry court pursuant to
Section or other evidence-based program in the court’s discretion. (b)
(1) At any time during the period of postrelease community supervision, if a peace officer has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of their release, the officer may, without a warrant or other process, arrest the person and bring them before the supervising county agency established by the county board of supervisors pursuant to subdivision (
a) of
Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to
Section 71622.5 of the Government Code shall have the authority to issue a warrant for that person’s arrest.
(2) The court or its designated hearing officer shall have the authority to issue a warrant for a person who is the subject of a petition filed under this
section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice.
(3) Unless a person subject to postrelease community supervision is otherwise serving a period of flash incarceration, whenever a person who is subject to this
section is arrested, with or without a warrant or the filing of a petition for revocation, the court may order the release of the person under supervision from custody under any terms and conditions the court deems appropriate. (
c) The revocation hearing shall be held within a reasonable time after the filing of the revocation petition.
Except as provided in paragraph (3) of subdivision (b), based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or that the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending their first court appearance. (
d) Confinement pursuant to paragraphs (1) and (2) of subdivision (
a) shall not exceed a period of days in a county jail for each custodial sanction. (
e) A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the person’s initial entry onto postrelease community supervision, except when their supervision is tolled pursuant to
Section 1203.2 or subdivision (
b) of
Section 3456.
SEC. 2. To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the Realignment Legislation within the meaning of
Section of
Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to