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Realignment Cheat Sheet
[Effective October 1, 2012]
I. Introduction:
Realignment has significantly changed our felony practice. The changes can be grouped into
three basic categories:
 Sentencing for defendants convicted of non serious, non violent, non 290 registrable
felonies who are denied probation (Penal Code § 1179(h));
 Conduct credits (Penal Code §§ 2933, 4019);
 Postrelease community supervision for prisoners released from state prison after October 1,
2011. (Penal Code § 3450 et. seq.).
What follows is a capsule summary of these changes, augmented by  an annotated version of
the statutes themselves [Appendix C],  a list of felonies common to our practice which are
punishable in the county jail, even when probation is denied [Appendix A], and  a list of
felonies common to our practice which – although not necessarily serious, violent or registrable
under Penal Code § 290 – nevertheless mandate a state prison commitment when probation is
denied. [Appendix B.]
II. Sentencing (Penal Code § 1170(h)):
 The General Rule:
Penal Code § 17(a) now divides felony offenses into three categories:
 Those punishable by death;
 Those punishable by imprisonment in state prison; and,
 Those punishable under Penal Code § 1170(h).
Over the past year, the Legislature has amended hundreds of felony statutes to specify that
“imprisonment [shall be] pursuant to subdivision (h) of Section 1170.” Starting October 1, 2011, a
defendant sentenced for one of these offenses can only be imprisoned “in a county jail for the
term described in the underlying offense.” (Penal Code § 1170(h).) 1
1 The court has no discretion here. The crime is either a state prison or county jail felony. For Penal Code offenses, the default
position remains state prison. In other words, a felony is punishable in state prison unless it explicitly says that it is
“punishable pursuant to subdivision (h) of section 1170.” (See Penal Code § 18.) Ironically, the presumption cuts the other
way for Vehicle Code violations. Vehicle Code § 42000 states that “unless a different penalty is expressly provided. . . every
person convicted of a felony. . . [under] this code shall be punished by a fine. . . or imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code. . . .”
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Most – but not all -- of these so-called “county jail felonies” carry terms of 16-2-3.2 [See
Appendix A for a list of these felonies that are common to our practice].
When sentencing under this subdivision, the sentencing judge typically has two options:
(1) Deny probation and impose a county jail sentence, not to exceed the maximum for
the underlying felony offense;
(2) Grant probation and impose [or not] a county jail sentence as a condition of
probation. 3
 Exceptions to the General Rule:
The general rule is subject to four exceptions. If the defendant [or the crime] falls within any
of these “exclusions”– and the court denies probation – the sentence must be served in state
prison.
Here are the four exclusions:
(1) Def. has a past or present serious felony conviction 4
(2) Def. has a past or present violent felony conviction 5
(3) Def. is required to register as a sex offender 6
(4) Def. is convicted of Penal Code § 186.11 -- the so-called “aggravated white collar crime
enhancement” for fraud and embezzlement of more than $100,000.00.
These four exceptions cannot be dismissed by the court pursuant to Penal Code § 1385. (See
Penal Code § 1170(f).) 7 Presumably, the district attorney retains the right to dismiss them for
purposes of sentencing.
Penal Code § 1170(h)(1) states that “Except as provided in paragraph (3), a felony punishable pursuant to this subdivision
where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16
months, or two or three years.”
2
It appears that a judge can no longer use Penal Code § 1203.03 to inform this decision. That section authorizes a 90 day
commitment to prison to permit the Department of Corrections to evaluate a defendant’s probation-worthiness. By its terms,
the statute appears limited to “case[s] in which a defendant is convicted of an offense punishable by imprisonment in the
state prison.”
3
This includes foreign convictions (Penal Code § 1170(h)(3)), but not -- so far -- most juvenile adjudications. We use the term
“most” because there is a narrow strip of juvenile priors that qualify as “serious” felonies because:  the juvenile was 16
years or older at the time of the adjudication;  the court deemed him fit to be tried as a juvenile;  he was adjudged a ward,
and  the crime was listed in Welfare & Inst. Code § 707(b). (See Penal Code § 667(d)(3).)
4
5
See footnote 4, supra.
6 Unlike the exclusions for serious and violent felonies -- which explicitly say that both present and past convictions are
disqualifying -- section 1170(h) does not specify whether a prior conviction for a registrable offense disqualifies a defendant
from receiving a county jail sentence. Nor is it clear whether a duty to register arising from a misdemeanor triggers the
exclusion.
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There are also about 80 other felonies for which the Legislature has mandated a state prison
sentence even though they are neither serious, violent or registrable.8 Here are some
common examples:
 Penal Code § 273.5(a) and (e) [domestic violence];
 Penal Code § 417(c) [brandishing at a police officer];
 Penal Code § 489(a) [grand theft of a firearm; most other grand thefts have become
“county jail felonies”];
 Penal Code § 646.9 [stalking];
 Penal Code § 12021 [ex felon with gun];
 Health & Safety Code § 11370.1 [possession of certain drugs with gun];
 Health & Safety Code § 4573.8 [possession of drugs in prison];
 Vehicle Code § 20001 [hit and run with injury];
 Vehicle Code § 2800.2(a) [evading arrest; note that Vehicle Code § 2800.4 has become a
“county jail felony”];
 Vehicle Code § 23554 [DUI with injury];
 Vehicle Code § 23550.5 [felony DUI with specified priors.] (See Appendix B for an
expanded list of these felonies that are common to our practice.)
 What About Enhancements?
Some conduct enhancements transform the underlying charge into a serious felony. This
precludes a county jail commitment if probation is denied. But other enhancements do not
have this impact and still others have been amended to bring them within the ambit of Penal
Code § 1170(h). In these situations, the enhancement can be added to a county jail sentence.
By way of example, here are three enhancements that can be added to a county jail sentence:
 One year prison priors (Penal Code § 667.5)9
 One year arming enhancements (See Penal Code § 12022(a)(1), (a)(2), (c) and (d).)
 Personal use of a deadly weapon (Penal Code § 12022(b)) is punishable in state prison,
but arming enhancements (Penal Code § 12022(a)) are punishable in the county jail;
 Penal Code § 12022.1 imposes a “penalty enhancement of an additional two years” for
crimes committed while a defendant is on bail or O.R. If both the underlying charges
While this provision eliminates the court’s authority to strike a prior conviction or other sentencing allegation for purposes
of state prison eligibility, it probably does not affect its power to strike the same allegations for other purposes. (See People v.
Romero (1996) 13 Cal.4th 497, 525-530.)
7
Some are actually wobblers - which means that the court could reduce them to a misdemeanor in order to sentence the
defendant to the county jail.
8
9
Note that a county jail sentence which exceeds one year now constitutes a prison prior. (See Penal Code § 667.5(b).)
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are county jail felonies, the two years is served locally. Otherwise, the defendant must
serve the enhancement in prison;
 Health & Safety Code § 11370.2 states that certain recidivist drug offenders shall receive
a “full, separate and consecutive three year term.” Because the statute does not specify
where that term must be served, some trial courts say that it can be served in the
county jail when the defendant is convicted of a county jail felony.
 Concurrent and Consecutive Sentences:
The realignment legislation does not appear to have altered the calculation of consecutive
sentences. A defendant sentenced consecutively for two county jail felonies still receives one
third of the mid-term for the subordinate term. (See Penal Code § 1170.1; see also Penal Code
§ 19.2.)
If any one of the convictions is a state prison felony, the entire term must be served in state
prison. (Penal Code § 1170.1(a).) This rule applies perforce to concurrent sentences. (Penal
Code § 669.)
 Some Important Rules To Remember:
 These sentencing changes are prospective; they apply only to those sentenced after October 1,
2011.
 Nothing in See Penal Code § 1170(h) prevents the court from ordering any “other
dispositions authorized by law, including:”
 Probation;
 Pretrial diversion
 Deferred entry of judgment.
 If a felony carries only one determinate sentence [instead of three], the defendant must be
sentenced to state prison (See Penal Code § 1170(g)).
 If the court chooses to grant probation, the term of probation cannot exceed the “maximum
possible sentence.” This will generally [but not always] be three [3] years. [See Appendix A.]
 If the defendant is not state prison eligible, and the court chooses not to grant probation, it
has essentially two choices. (See Penal Code § 1170(h)(5).) It can sentence the defendant to
the low, middle or aggravated term, to be served in the in the county jail. (Penal Code §
1170(h)(5)(B)(i).) In this situation, the defendant will not be subject to parole or supervised
community release after he finishes his sentence. (See Penal Code §§ 3450, 3458.) 10
It is easy to imagine how this provision will create a “Hobson’s choice” for many of our clients. For example, while it will
often be better in the long term for a defendant to take 16 months in the county jail and no post-release supervision, it will be
hard – in the short term – to resist the temptation of probation and a shorter county jail stint.
10
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Alternatively, the court can impose what it sometimes called a “split sentence.” In this
scenario, the court selects a term [say 3 years, the aggravated term] but suspends a portion of
that sentence [say, 12 months]. When the defendant is released from custody, he is subject to
“mandatory supervision” (Penal Code § 19.9) for the remainder of the three year term [in this
case, one year]. (Penal Code § 1170(h)(5)(B)(ii).) 11
 Mandatory Supervision: The period of mandatory supervision cannot be shortened or terminated
without a court order. (Penal Code § 1170(h)(B)(i).) 12 Violations of this hybrid form of
supervision are treated like probation violations. Indeed, the Legislature has explicitly
expressed its intention “to incorporate the procedural due process protections held to apply
to probation revocations. . .” into mandatory supervision. (See Senate Bill 1023, uncodified
section 2, subd. (b); citing Morrissey v. Brewer (1972) 408 U.S. 471; People v. Vickers (1972) 8
Cal.3d 451; see also Penal Code § 1170(h)(B)(i); see Penal Code §§ 1203.2, 1203.3.)
 Postrelease Community Supervision [PRCS]: Most state prisoners will be released at the end of
their term on “Postrelease Community Supervision.” The program is administered by
probation. The maximum term of supervision is three years, but it can be shortened for good
behavior. (Penal Code § 3456.) . Parole will be limited to defendants whose underlying
offense is:
 A serious felony;
 A violent felony;
 A 3rd strike;
 High risk sex offender crimes [whatever that is];
 Mentally disordered offenders. (Penal Code §§ 3000.8, 3451.)
 Commitment to the California Rehabilitation Center (CRC) is no longer a sentencing option.
(Welfare & Inst. § 3050, 3051, 3100, 3100.6.) The CRC facility at Norco is slated to close in
2016.
 “Compassionate release” and “sentence recalls” are probably not available to defendants
who receive county jail commitments. Penal Code §§ 1170(d) and (e) refer only to “state
prison” sentences. Likewise, Vehicle Code § 41500 – which provides that a defendant’s nonfelony Vehicle Code violations must be dismissed when he receives a state prison sentence -appears limited to defendants actually “commit[ed] to the Department of Corrections.”
The statute does not require that the period of mandatory supervision must be for the entire remainder of the term. It could
conceivably be for a shorter period. (See Penal Code § 1170(h)(5)(b)(i) [the court may “suspend execution of a concluding
portion of the term. . .”].)
11
It is probable that a defendant who receives a split sentence on a “wobbler” cannot thereafter seek to have his conviction
reduced to a misdemeanor under Penal Code § 17(b). (See People v. Woods (1998) 62 Cal.App.4th 1262, 1267 [17(b) reduction
unavailable when execution of a portion of the sentence is suspended].)
12
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However, both restrictions would seem ripe for a challenge on equal protection grounds.
(See generally, People v. Freeman (1987) 225 Cal.App.3d Supp. 1, 4, fn. 2.)
 The California Secretary of State takes the position that a defendant serving a nonprobationary sentence for a county jail felony is ineligible to vote. (See County Clerk/Registrar of
Voters Memorandum #11134 (Dec. 5, 2011).) This seems at odds with McPherson v. League of
Women’s Voters of California (2006) 145 Cal.App.4th 1469, 1486 which ruled that “the only
persons disqualified from voting by reason of article II, section 4 are those who have been
imprisoned in state prison or who are on parole.”
 Unanswered Questions:
 Three of the four exclusions which prevent a defendant from receiving a county jail sentence
must be plead and proven in order to increase a defendant’s sentence:
 Present serious felony;
 Present violent felony;
 Enhancement per Penal Code § 186.11.
What is unclear is whether these exclusions must be plead and proven in order to exclude
the def. from receiving a county jail sentence. The issue is currently before the California
Supreme Court in a quartet of cases: People v. Lara [Review Granted; formerly 193 Cal.App.4th
1393], People v. Jones [Review Granted; formerly 188 Cal.App.4th 165], People v. James [Review
Granted; formerly 196 Cal.App.4th 1102 and People v. Voravongsa [Review Granted; formerly
197 Cal. App. 4th 657.] Jones and Lara found a pleading and proof requirement. James and
Voravongsa did not.
If there was no need to plead and prove these exclusions, it is unclear why the Legislature
specified that they could not be dismissed under section 1385. (See generally In re Varnell
(2003) 30 Cal.4th 1132, 1141 [power to dismiss under 1385 extends only to charged
allegations and enhancements not to uncharged sentencing factors].)
 It is likewise unclear whether the exclusion for 290 registrants applies to defendants who are
required to register as a result of a prior conviction.
 There is still some doubt about whether “mandatory supervision” mirrors probation in all
respects. The Legislature has expressed its intent that the “procedural due process
protections” are the same. (See Senate Bill 1023, uncodified section 2, subd. (b).) And Penal
Code § 1170(h)(5)(b) says that “the defendant shall be supervised by the county probation
officer in accordance with the terms, conditions, and procedures generally applicable to
persons placed on probation.” But it remains to be seen whether the scope of “mandatory
supervision” is the same as probation when it comes to:
 Imposing conditions to which the supervisee must abide;
 Collecting restitution;
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 Transferring supervision to another county (Penal Code § 1203.9);
 Penal Code § 1203.4 relief.
III. Conduct Credits (Penal Code §§ 2933, 4019)
 Postsentence Conduct Credits for State Prisoners:
 The General Rule: As a general rule state prisoners receive day for day credits in state
prison. (Penal Code § 2933(b).) The computation is described as follows:
 “For every six months. . . a prisoner shall be awarded credit reductions. . . six months.”
 “A lesser amount of credit based on this ratio shall be awarded for any lesser period of
continuous incarceration.” (Penal Code § 2933(b).)
 Presentence Credits for State Prisoners:
 The General Rule: As a general rule, state prisoners get day for day credit for custody time
served from the date of arrest until “until state prison credits pursuant to this article are
applicable.” (Penal Code § 2933(e)(1).)These credits can be forfeited for the refusal to perform
work or to follow jail rules ((Penal Code § 2933 (e)(2).)
When any one of the following exclusions apply, credits are calculated under Penal Code §
4019:
(1) Defendant is required to register as a sex offender; or,
(2) Has been committed for a serious felony;
(3) Has a prior conviction for a serious felony;
(4) Has a prior conviction for a violent felony
Although this sounds ominous, it is essentially a distinction without a difference. The new
version of section 4019 also provides for day for day credits. The only difference is in the
method of calculation. A def. who is sentenced to an odd number of days serves an extra day
under section 4019.
 Other Exceptions to the General Rule:
 State prisoners convicted of “violent” felonies continue to receive only 15% credits.
(Penal Code § 2933.1(a); see also People v. Caceras (1997) 52 Cal.App.4th 106; People v.
Palacios (1997) 56 Cal.App.4th 252, 255-256 [15% limitation applies to entire sentence]);
 Since there has been no change to Penal Code § 1170.12(a)(5) (or Penal Code §§
667(c)(5)), a defendant sentenced as a 2nd striker still must serve 80% of his sentence.
But the limitation does not kick in until he “is physically placed in state prison.” (See
People v. Hill (1995) 37 Cal.App.4th 220);
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 3rd strikers do not receive any credit against the mandatory indeterminate term of life
imprisonment. (See Penal Code §§ 667(c)(5), 1170.12(a)(5); In Re Cervera (2001) 24
Cal.4th 1073; People v. Stofle (1996) 45 Cal.App.4th 417);
 Prisoners serving life sentences for murder are also denied all conduct credits. (See
Penal Code § 2933.2.)
 Conduct Credits for County Jail Inmates
 The General Rule: For most offenses committed after October 1, 2011, a defendant will receive
day for day credit for confinement in the county jail (Penal Code § 4019(f).)This includes pre
and post sentence confinement for:
(1) Misdemeanors (subd. (a)(1)(2));
(2) Felonies (subd. (a)(3));
(3) Probation violations (subd. (a)(2));
(4) Violations of Postrelease Community Supervision (subd. (a)(5)); or
(5) Parole (subd. (a)(5).)
This means that, for a defendant who is sentenced to four [4] days in the county jail, two
days are deducted from that sentence, as follows:
(1) 1 day unless he “refused to satisfactorily perform labor as assigned by the sheriff. . .”
(Penal Code § 4019(b)); and,
(2) 1 day unless he “has not satisfactorily complied with the reasonable rules and
regulations established by the sheriff” (Penal Code § 4019(c).)
 Exceptions to the General Rule:
 Under the statute, day for day credits apply only to crimes committed “on or after
October 1, 2011.” The California Supreme Court has upheld this limitation in another
context, ruling that an earlier version of section 4019 was prospective only. (People v.
Brown (2012) 54 Cal. 4th 314.) The precise issue is presently before the court in People v.
Olague [Review Granted; formerly 205 Cal.App.4th 1126] and People v. Borg [Review
Granted; formerly 204 Cal. App. 4th 1528].)
 The credit reduction takes effect only after a defendant serves or is sentenced to four [4]
or more days in county jail;
 Day for day credits are not available for periods of “flash incarceration.”
 Penal Code § 2933.1(c) seems to say that prisoners convicted of “violent” felonies
(Penal Code § 667.5) continue to receive only 15% county jail credits. But some
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analyses of the realignment statutes [including the one by Judge Couzens prepared for the
judges] suggests that section 4019 contains no exclusions;
 Presumably, a defendant sentenced as a 2nd striker under Penal Code § 1170.12 will
now receive day for day county jail credits. (People v. Hill (1995) 37 Cal.App.4th 220
[80% credit limitation does not kick in until the prisoner reaches state prison);
 3rd strikers still do not receive any credit against the mandatory indeterminate term of
life imprisonment. (See Penal Code §§ 667(c)(5), 1170.12(a)(5); In Re Cervera (2001) 24
Cal.4th 1073; People v. Stofle (1996) 45 Cal.App.4th 417);
 Prisoners serving life sentences for murder also receive no conduct credits. (See Penal
Code § 2933.2.)
Expansion of Home Detention/Electronic Monitoring:
 Starting October 1, 2011, the board of supervisors can authorize the sheriff to create a
program of electronic monitoring or home detention as a substitute for jail time. (Penal
Code § 1203.016.) Such a program is available to all inmates [not just low risk offenders] and
can be either:
 Voluntary, or
 Involuntary. (See Penal Code §§ 1203.016, 1203.017.)
 The board can also authorize the sheriff to create a home detention/electronic monitoring
program as a substitute for bail. (Penal Code § 1203.018.) Participation in the program is
discretionary and participants must meet the following conditions:
 No holds or outstanding warrants; and,
 In custody on a misdemeanor and has been for at least 30 calendar days; or
 Has been in custody for at least 60 calendar days from arraignment.
 Note that participants in these programs will be entitled to receive the same day for day
credits as county jail inmates. (See Penal Code §2900.5(a).) 13
 Early Release:
 When necessary to ease overcrowding, Penal Code § 4024.1 authorizes the sheriff to
release an inmate up to 30 days before his sentence is completed. In the alternative, the
inmate can be transferred to less crowded jail in another county. (Penal Code § 4115.5.)
This option is available for both sentenced prisoners and pretrial detainees.
The program is available to any inmate so long as his release “would be consistent with public safety interests of the
community.” (Penal Code § 1203.018(c)(1)(C).)
13
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III. Post Release Community Supervision
 Introduction:
Penal Code § 3450, the enabling legislation for Postrelease Community Supervision [PRCS],
contains some unexpected concessions regarding the efficacy of the criminal justice system.
For example, the Legislature now seems to recognize that jailing parolees “for technical
violations” does not reduce recidivism or “improve[] public safety.” (Penal Code §
3450(b)(3).) A better solution lies in:
 “Community-based punishment;” 14
 “Evidence-based practices;”15 and
 “Improved supervision strategies.” (Penal Code § 3450(b)(5).)
Perhaps even more surprising, the Legislature has chose the public defender to be a part of
the “Community Corrections Partnership” whose “critical role” is to develop programs
based on these three principles and “ensurp[e] appropriate outcomes for persons subject to
postrelease community supervision.” (Penal Code § 3450(b)(6).)
 The General Rule:
 Most state prison inmates released on or after October 1, 2011 will be placed on
“Postrelease community supervision” (Penal Code § 3450) instead of parole. Although the
maximum term is 3 years (Penal Code §§ 3451, 3456(a)), supervisees can be released
earlier for good behavior. (Penal Code § 3456(a) [see below].)
 Parole will be limited to persons convicted of serious or violent felonies or who qualify as
“High Risk Sex Offenders” or Mentally Disordered Offenders [see below].
14
"Community-based punishment" seems to mean alternatives to traditional county jail sentences and includes the following:
(1) “Flash” incarceration [for not more than 10 days];
(2) Intensive community supervision.
(3) Home detention w/ electronic or GPS monitoring;
(4) Mandatory community service;
(5) “Restorative justice” programs [e.g., restitution and “victim-offender reconciliation”];
(6) Work, training, or education in a furlough program (Penal Code § 1208).
(7) Work release program (Penal Code § 4024.2);
(8) Day reporting;
(9) Mandatory residential or nonresidential substance abuse treatment programs;
(10) Mandatory random drug testing;
(11) Mother-infant care programs;
(12) “Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment,
literacy programming, employment counseling, psychological counseling, mental health treatment, or any
combination of these and other interventions.” (Penal Code § 3450(b)(8).)
"Evidence-based practices" refers to supervision programs and practices that are “demonstrated by scientific research to
reduce recidivism.” (Penal Code § 3450(b)(9).)
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 The Parole Authority will administer parole violations until July 1, 2013. After that, local
probation offices will take over supervision and and parole violations will be heard by the
courts. (Penal Code § 3000.08.)
Exceptions to the General Rule:
 Notwithstanding Penal Code § 3450 et. seq., state prisoners convicted of the following
crimes will continue to be supervised by parole (Penal Code §§ 3000.08, 3451):
 Serious felonies (Penal Code § 1192.7(c));
 Violent felonies (Penal Code § 667.5(c));
 A third strike (Penal Code §§ 667(e)(2), 1170.12(c)(2));
 Any crime for which the inmate has been classified as a “High Risk Sex Offender;”
 Any crime for which the inmate has been classified by a Mentally Disordered Sex
Offender (MDO) (Penal Code § 2962);
 Any Penal Code § 290 registrable offense that carries a parole term of more than three
years; and,
 Any crime which carries lifetime parole.
 Conditions of Postrelease Community Supervision:
 There are 16 mandatory conditions of Postrelease Community Supervision. (Penal Code §
3453.) The list is reproduced in the margin.16 Counties may impose additional conditions
“consistent with public safety,” including:
 Continuous electronic monitoring (see Penal Code § 1210.7)
 “Appropriate rehabilitation and treatment services;”
 Referral to a reentry court (Penal Code § 3015); and
 Flash incarceration. (Penal Code § 3454(b).) 17
16
The 16 conditions are as follows:
(1) Obey all laws;
(2) Report to probation w/in 2 days of release from
custody;
(3) Report as directed;
(4) Follow directives of the probation officer;
(5) Submit to search and seizure of your person &
residence. [Note there is a broader search condition contained
in Penal Code § 3465];
(6)Waive extradition;
(7) Notify probation of any change of address, work or
school;
(8) Notify probation after any arrest or citation;
(9) Do not travel more than 50 miles from home without
the probation officer’s permission;
(10) Do not leave the state or county for more than two
days without a “travel pass;”
(11) Do not “be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or
ammunition.” [This condition would appear unconstitutional
without a scienter requirement];
(12) Do not “possess, use, or have access to any
weapon…”
(13) Do not possess “a knife with a blade longer than two
inches.” [There are exceptions for a using such a knife in the
kitchen, or at work, provided that probation has given its
written approval];
(14) Waive any right to a court hearing prior to "flash
incarceration;"
(15) Participate in any “rehabilitation programming”
recommended by probation;
(16) Submit to arrest without a warrant upon probable
cause of a PRCS violation.
These conditions must be “reasonably related” to  the underlying offense,”  the risk of recidivism, or  the
supervisee’s criminal history. (Penal Code § 3454(a).)
17
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Adjudication of Postrelease Community Supervision Violations [PRCS]:
 The rules for adjudicating PRCS violations are now the same as for probation violations.
(See Penal Code §§ 1203.2, 1203.3, 3455.) The Legislature has expressed its intention “to
incorporate the procedural due process protections held to apply to probation
revocations. . .” into mandatory supervision. (See Senate Bill 1023, uncodified section 2,
subd. (b); citing Morrissey v. Brewer, supra, 408 U.S. 471; People v. Vickers, supra, 8 Cal.3d
451.) District attorneys and public defenders are responsible for prosecuting and
defending the violations.
 The Judicial Council has proposed two new rules to govern the adjudication of PRCS
hearings. If approved, Rule 4.540 and 4.541 would require the probation department to
file – under penalty of perjury – a petition to revoke that contains the following:
 Probable cause for the violation;
 An explanation as to why intermediate sanctions are inappropriate or have been
tried and failed; and,
 A recommendation for sentencing.
 The proposed rules also provide for a probable cause hearing within 5 court days of the
filing of the petition and a formal hearing within 45 days – absent a time waiver or good
cause. The standard of proof is set at “a preponderance of the evidence.”
 Punishment of Postrelease Community Supervisees:
 Postrelease community supervisees cannot be returned to prison (Penal Code §§ 3457, 3458).
The punishment alternatives include:
 Referral to a reentry court (Penal Code § 3015);
 Modification of the terms of Postrelease Community Supervision;
 “Community based punishment;” 18
 Revocation followed by a county jail sentence (Penal Code §§ 3450, 3455);
 “Flash incarceration” is “encouraged” to punish violations of Postrelease Community
Supervision. (Penal Code § 3454(b).) The maximum length of each incarceration has now
been set at 10 days. (See Penal Code §§ 3450(b)(8)(A), 3454(c), 3453(q).) Day for day
conduct credits are not available. The “supervising agency” [typically the probation
department] appears to be the only agency authorized to impose this punishment. (Penal
Code § 3455(b).)
 A Postrelease Community Supervisee can be held in custody pending a revocation
hearing upon proof by a preponderance of the evidence that he  “poses an unreasonable
18
See footnote 14, supra, for a list of community based punishments.
13 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
risk to public safety,”  may not appear in court or  “for any reason in the interests of
justice.” (Penal Code § 3455(b)
 Any sentence after revocation must be served in county jail. The maximum sentence is
180 days for each violation. (Penal Code §§ 3454, 3455(d).) Parolees will be subject to the
same maximum sentence after July 1, 2013 (Penal Code § 3000.08; see also Penal Code §
3056.)
 Discharge from Postrelease Community Supervision
 A postrelease community supervisee must be discharged after:
 Three years of supervision (Penal Code § 3456(a));
 One continuous year of supervision without a violation (Penal Code § 3456(c));
 A postrelease community supervisee may be discharged if:
 He’s served six consecutive months without a violation (Penal Code § 3456(b));
 The supervising agency recommends it (Penal Code § 3456(f)). 19
 The standard term for parole is also three years (Penal Code § 3000), but there are
exceptions for certain violent crimes and sex offenses.
 What About Inmates Who Were Released On Parole Before October 1, 2011?
They remain under the supervision of CDCR. However, they can discharge after 6 months, if,
inter alia:
 There have been no violations;
 They would have been eligible for postrelease community supervision.
Parolees who are held on a parole violation on October 1st , can still be sent to prison upon
revocation. But after their sentence is completed, you look to Penal Code § 3000.8 to
determine whether they should be released on parole or Postrelease Community Supervision. In
the event that the inmate is released on Postrelease Community Supervision, the term cannot
exceed the length of his remaining parole term. Penal Code § 3000.09(c).)
 Some Other Caveats:
 Parolees can still be sent back to state prison (see Penal Code § 3000.09), but Penal Code §
3056 sharply curtails the board’s right to do so:
 Subdivision (b) states that “for people already released on parole as of Oct. 1, 2011. . . a
parolee may be housed in a county jail for a maximum of 180 days;”
 There is an exception for parolees serving lifetime parole (Penal Code § 3000.1.)
Parolees are also eligible for early discharge. Those convicted of serious, violent or registrable offenses can be released after
a year, and everyone else is eligible after six months. (Penal Code § 3001.)
19
14 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
 The parole board is also “encouraged” to use “flash incarceration” – a county jail sentence
of 1-10 days – to “punish a parolee while preventing the disruption of work or home
establishment;”
Lifetime Parole (Penal Code § 3000.1)
Persons convicted of murder as well as certain kidnapping and sexual offenses are still subject
to lifetime parole. (Penal Code § 3000.1.) However, the board has authority to discharge them as
well. A defendant convicted of 1871st can be discharged after 7 years and a defendant convicted
of 1872nd can be released after 5 years.
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Appendix A
Crimes for Which a Defendant
“Shall” Receive a County Jail Sentence20
Penal Code
69 [felony resisting arrest]
Penal Code
21
4530, 4536 [escape; 4532 remains a state prison offense]
71(a)(1) and (a)(2) [threatening public officials]
4573 [smuggling controlled substances into prison; 2-3-4]
182(a) [conspiracy; limited to certain situations]
4573.6 [possession of controlled substances in custody; 2-3-4]
191.5(c)(2) [vehicular manslaughter while intoxicated; 16-2-4]
4573.8 [possession of controlled substances in custody]
193(b) [involuntary manslaughter; 2-3-4]
4574 [possession of firearms in custody; 2-3-4]
193.5(b) [invol. manslaughter with a vessel; 16-2-4]
12021.5(a) [gang enhancement for possession of firearm; 1-2-3]
210.5 [false imprisonment for use as a shield; 3-5-8]
12022(a)(1), (a)(2), (c) and (d) [arming, use of deadly weapon]
237(a) [false imprisonment]
12101(c)(1) [possession of concealable firearm/ammo by minor]
241.1, 241.4, 241.7 [various assaults]
12220(a), (b) [possession of machine gun]
243(c)(1), (c)(2) [battery upon peace officer]
12280(a)(1), (b) [manufacture of assault weapon; 4-6-8]
243(d) [battery with serious bodily injury; 2-3-4]
246.3 [discharging firearm or BB gun w/ gross negl.]
12280(b) [possession of an assault weapon]
22
12303.3 [possession of explosive/destructive device; 3-5-7]
261.5(c) and (d) [statutory rape]
12303.6 [sale of destructive device; 2-3-4]
265 [abduction for marriage or defilement]
12312 [possession of bomb making materials; 2-3-4]
266b [abduction to live in illicit relation]
25400(c)(5)-(6) [carrying a concealed firearm; operative 1/1/12]
266g [pimping your wife; 2-3-4]
Health & Safety Code
273.6(d) and (e) [violation of stay away order]
11350(a), (b) [possession of narcotics]
273.65(d) and (e) [violation of stay away order]
11351[possession of narcotics for sale; 2-3-4]
273d(a) [corporal punishment of a child; 2-4-6]
288.2 [passing harmful matter w/ intent to seduce a minor]
11351.5 [possession of cocaine base for sale; 3-4-5]
23
11352 [sales of narcotics; 3-4-5]
311.9(a),(b) and (c) [possession of child porn]
11353.5 [selling controlled substances on school grounds; 5-7-9]
368(d), (e) and (f) [elder abuse; 2-3-4]
11353.7 [selling to minors in parks or playgrounds; 3-6-9]
417.3 [brandishing a firearm in presence of a car]
11357(a) [possession of concentrated cannabis]
417.6 [brandishing with serious bodily injury]
11358 [cultivation of marijuana]
422.7 [hate crime]
11359 [possession for sale of marijuana; 2-3-4]
The list includes only Penal, Health and Safety Code and Vehicle Code violations. There are more than 600 offenses
scattered throughout the Code that qualify under Penal Code § 1170(h). For a comprehensive list, see Garrick Byers’
Realignment article.
20
21
Except where noted, the punishment for these offenses is 16-2-3 in the county jail.
This crime is a registrable offense. (Penal Code § 290.) On that basis, it punishable in state prison – rather than the county
jail.
22
23
This crime can be a serious felony. (Penal Code § 1192.7(c)(6).) When that is the case, it is punishable in state prison.
16 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
453(a) [possession of incendiary device]
11360 [sale of marijuana; 2-3-4]
461(b) [punishment for 4592nd]
11377 [possession of controlled substance]
470a [forging driver’s license or ID card]
11378 [possession for sale of controlled substance]
470b [possession of forged driver’s license or ID card]
11378.5 [possession for sale of PCP; 3-4-5]
473, 474 [forgery]
11379 [sale of controlled substances; 2-3-4]
478, 479, 480(a) [counterfeiting; 2-3-4]
11379.5 [sale of PCP; 3-4-5]
484/666 [petty theft]
11380 [inducing a minor to commit drug violation; 3-6-9]
484b [fraud]
11383 [possession with intent to manufacture PCP; 2-4-6]
484i [forgery of credit cards]
Vehicle Code
487b [grand theft - real property]
2800.4 [evading arrest- driving the wrong way]
487d [grand theft – gold, amalgam, quicksilver]
4463 [forging DMV documents]
489(b) [grand theft – except theft of a firearm]
10501(b) [filing false vehicle theft report w/ a prior; 2-3-4]
496(a), (b), and (d) [receiving stolen property]
10851(a), (b) [auto theft]
499(c) [theft of trade secrets]
23104 [reckless driving w/ great bodily injury]
496d(a) [receiving/possessing a stolen vehicle]
23105 [reckless driving with specified injury]
530.5(a), (c)(2), (c)(3) and (d)(1) [identity theft]
23109.1 [speed contest with specified injury]
548(a), 549, 550 [insurance fraud]
23550(a) [DUI with three or more priors]
594(b)(1) [felony vandalism]
594.3(a) and (b) [vandalism of church]
594.35 [vandalism of cemetery]
597 [cruelty to animals]
601(d) [felony trespass]
626.9(f)(1), (f)(2)(A) & (B), (f)(3), (h), & (i) [guns at a school;
2-3-5]
626.95 [417, 12025, 12031 at a school; 1-2-3]
647.6 [annoying/molesting a child under 18] 24
647.6(c)(2) [annoying/molesting a child w/ a prior; 2-4-6] 25
653f (a), (c), (d)(1), (d)(2) [soliciting various crimes] 26
666.5/10851 [car theft w/ a prior; 2-3-4]
24
This crime is a registrable offense (Penal Code § 290) and therefore punishable in state prison.
25
This crime is a registrable offense (Penal Code § 290) and therefore punishable in state prison.
Penal Code § 653f(c) is a registrable offense (Penal Code § 290) and therefore punishable in state prison – rather than the
county jail.
26
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Appendix B
Crimes for Which a Defendant Still Must Go To State Prison27
There are about 60 felonies that are not serious, violent, or registrable offenses, but for which any prison
sentence must actually be served in state prison. A defendant sentenced for one of these crimes can still
get probation, but an executed felony sentence cannot be served in the county jail.
Penal Code [cont.]
Penal Code
166(c)(4) [violation of DV restraining order w/ prior and
“credible threat”]
646.9(a), (b), (c) [stalking (subds. (a)& (c)are wobblers)]
186.11 [white collar crime enhancement]
666(b) [petty theft with specified priors]
186.22 [gang crime]
647.6(b) & (c) [Annoying a child under specified circumstances]
186.33 [recruiting gang members]
653f(b) and probably (c) [soliciting specified crimes (wobbler)]
186.33(b) [gang registration violations]
4532(a) and (b) [escape (subd. (b) is a wobbler)]
191.5 (c)(1) [gross vehicular manslaughter while intoxicated]
12020(b)
243.7 [battery upon a juror (wobbler)]
12021(a)(1), (a)(2) and (b) [ex felon in possession of a firearm]
245 [assault with deadly weapon, force likely to GBI]
12021.1 [possession of firearm by felon convicted of specified
crimes]
266a, 266e, 266f, 266(h), 266i, 266j [pimping]
12303.2 [possession of destructive device in public place]
273a(a) [child endangerment (wobbler)]
4536(a) [escape from state hospital after MDO commitment]
273ab [assault upon a child resulting in death]
Health & Safety Code
273.5 (a) and (e) [domestic violence (wobbler)]
11353, 11353.7, 11354, 11361, 11380 [inducing a minor to buy
or sell drugs]
368(b) [elder abuse (wobbler)]
11370.1 [possession of certain drugs with gun]
288.2 [distributing obscene material to a minor] (wobbler)
120291 [deliberately exposing another to HIV infection]
417(c), 417.6 [brandishing a firearm (wobbler)]
Vehicle Code
417.8 [brandishing a firearm to resist arrest]
2800.2 [evading arrest (wobbler)]
424 [embezzlement by public officials]
2800.3(a) and (b) [evading arrest causing serious bodily injury]
452(a), (b), (c) [arson (wobbler)]
2800.4 [Evading arrest by driving the wrong way] (wobbler)
455 [attempted arson]
20001 [hit and run with injury] (wobbler)
489(a) [grand theft of a firearm]
23550.5 [punishment for felony DUI (wobbler)]
598d [sale of horsemeat (wobbler)]
23554 [punishment for DUI with injury (wobbler)]
The list includes only Penal, Health and Safety Code and Vehicle Code violations. There are more than 600 offenses
scattered throughout the Code that qualify under Penal Code § 1170(h). For a comprehensive list, see Garrick Byers
Realignment article.
27
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Appendix C
The Realignment Statutes:
Penal Code §§ 1170(h), 2933, 4019, 3000.08 et. seq., 3450 et. seq.
Examined & Analyzed
Penal Code 1170
§ 1170(f-h) (Operative until January 1, 2014)
(f) Notwithstanding any other provision of this section,
for purposes of paragraph (3) of subdivision (h), any
allegation that a defendant is eligible for state prison due
to a prior or current conviction, sentence enhancement,
or because he or she is required to register as a sex
offender shall not be subject to dismissal pursuant to
Section 1385.
(g) A sentence to state prison for a determinate term for
which only one term is specified, is a sentence to state
prison under this section.
(h)(1) Except as provided in paragraph (3), a felony
punishable pursuant to this subdivision where the term
is not specified in the underlying offense shall be
punishable by a term of imprisonment in a county jail for
16 months, or two or three years.
(2) Except as provided in paragraph (3), a felony
punishable pursuant to this subdivision shall be
punishable by imprisonment in a county jail for the term
described in the underlying offense.
(3) Notwithstanding paragraphs (1) and (2), where the
defendant
(A) has a prior or current felony conviction for a
serious felony described in subdivision (c) of Section
1192.7 or a prior or current conviction for a violent felony
described in subdivision (c) of Section 667.5,
(B) has a prior felony conviction in another
jurisdiction for an offense that has all the elements of a
serious felony described in subdivision (c) of Section
1192.7 or a violent felony described in subdivision (c) of
Section 667.5,
Analysis
(a) Introduction
 (a)(1) Purpose of imprisonment remains
“punishment.”
 Purpose of the sentencing changes contained in
subdivision (h) “are not intended to alleviate
state prison overcrowding.” (Penal Code § 17.5.)
 (a)(2) Nonetheless, the Legislature “encourages”
educational programs for “non-violent felony
offenders.” Dept of Corrections [DCR] should give
priority enrollment in these programs to short timers.
 (a)(3) Court must sentence a def. to one of the terms
specified in the statute defining the crime – unless he
is given probation or another “disposition provided
by law…”
 In doing so, it must follow the sentencing rules of
the Judicial Council
(h) Realignment Sentencing Changes
General Rule: Starting October 1, 2011 hundreds of felonies
will be punishable only with a county jail sentence.
 The Legislature has amended hundreds of felony
statutes to specify that “imprisonment [shall be]
pursuant to subdivision (h) of Section 1170.” For these
crimes, the def. can only be imprisoned “in a county
jail for the term described in the underlying offense.”
 Most – but not all -- of these so-called “county jail
felonies” carry terms of 16-2-3. [See Appendix A for a
partial list of these felonies];
 There are also some felonies that do not specify a
particular term. Often, these statutes say that a person
who commits the crime “is guilty of a felony.” These
offenses are now punishable by “imprisonment in a
county jail for 16 months, or two or three years.” (See
subd. (h)(1); Penal Code § 18.)
 Other statutes say that their violation is punishable by
“state prison” (see e.g. Penal Code § 422.) This is
probably due a drafter’s error. Our position should be
that these are also punishable by “imprisonment in a
county jail for 16 months, or two or three years.” (See
subd. (h)(1); Penal Code § .)
 When sentencing under this subdivision, the
19 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
sentencing judge has two options:
(C) is required to register as a sex offender pursuant to
(1) Impose a county jail sentence, not to exceed the
Chapter 5.5 (commencing with Section 290) of Title 9 of
maximum for the underlying offense;
Part 1, or
(2) Grant probation and impose [or not] a county jail
(D) is convicted of a crime and as part of the sentence
sentence as a condition of probation.
an enhancement pursuant to Section 186.11 is imposed,
an executed sentence for a felony punishable pursuant to Exceptions: The general rule is subject to four exceptions.
If the def. falls within any of these exceptions – and the
this subdivision shall be served in state prison.
(4) Nothing in this subdivision shall be construed to
prevent other dispositions authorized by law, including
pretrial diversion, deferred entry of judgment, or an
order granting probation pursuant to Section 1203.1.
(5) [Mandatory Supervision] The court, when imposing a
sentence pursuant to paragraph (1) or (2) of this
subdivision, may commit the defendant to county jail as
follows:
(A) For a full term in custody as determined in
accordance with the applicable sentencing law.
(B)(i) For a term as determined in accordance with the
applicable sentencing law, but suspend execution of a
concluding portion of the term selected in the court's
discretion, during which time the defendant shall be
supervised by the county probation officer in accordance
with the terms, conditions, and procedures generally
applicable to persons placed on probation, for the
remaining unserved portion of the sentence imposed by
the court.
The period of supervision shall be mandatory, and
may not be earlier terminated except by court order.
Any proceeding to revoke or modify mandatory
supervision under this subparagraph shall be conducted
pursuant to either subdivisions (a) and (b) of Section
1203.2 or Section 1203.3. During the period when the
defendant is under such supervision, unless in actual
custody related to the sentence imposed by the court, the
defendant shall be entitled to only actual time credit
against the term of imprisonment imposed by the court.
Any time period which is suspended because a person
has absconded shall not be credited toward the period of
supervision.
(ii) The portion of a defendant's sentenced term
during which time he or she is supervised by the county
court decides to impose a prison term – that sentence must be
served in state prison.
 Here are the four exceptions
(5) Def. has a past or present serious felony
conviction
(6) Def. has a past or present violent felony
conviction
(7) Def. is required to register as a sex offender
(8) Def. is convicted of an enhancement under PC
§ 186.11[the so-called “aggravated white
collar crime enhancement” for fraud and
embezzlement of more than $100,000.00]
 There are also approximately 60 felonies for which the
Legislature has mandated a state prison sentence. [See
Appendix B for a partial list of these crimes.]
Some caveats:
 The four criteria [or exclusions] cannot be dismissed
(subd. (f));
 If a felony carries only one determinate sentence
[instead of three], the def. must be sentenced to state
prison (subd. (g));
 Nothing in subdivision (h) prevents the court from
ordering any “other dispositions authorized by law,
including:”
 Probation;
 Pretrial diversion
 Deferred entry of judgment
 The term of probation cannot exceed the “maximum
possible sentence.” This will generally [but not
always] be three [3] years.
 The Legislative Counsel’s Digest to A.B. 116
suggests that probation can only be imposed for
those felonies for which no specific prison term is
specified;
 If the court chooses not to grant probation and
simply sentences a def. to 16-2-3 in county jail,
there will be no parole or supervised release after
he finishes his sentence (see Penal Code §§ 3450,
3458);
 Defs. who are sent to state prison certain
qualifying felonies will be released at the end of
their term on “Postrelease Community Supervision”
for up to three years. This program will be
administered by the counties, and violations will
be prosecuted in the courts – starting in 2013;
 Parole will be limited to defs. whose underlying
offense is:
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probation officer pursuant to this subparagraph shall be
known as mandatory supervision.
(6) The sentencing changes made by the act that added
this subdivision shall be applied prospectively to any
person sentenced on or after October 1, 2011.
(i) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later
enacted statute, that is enacted before that date, deletes
or extends that date.
 A serious felony;
 A violent felony;
 A 3rd strike;
 High risk sex offender crimes;
 Mentally disordered offenders.
 These sentencing changes are prospective; they apply
only to those sentenced after October 1, 2011;
 This section will expire on January 1, 2012 unless the
Legislature acts to extend it.
Enhancements:
 Many conduct and sentencing enhancements
transform the underlying charge into a serious felony.
This precludes a county jail commitment. But there
are others which do not have this effect and still
others which have been amended so that they can be
added to a county jail sentence.
 The following enhancements can be added to a
county jail sentence:
 County jail felonies can be enhanced pursuant to
Penal Code § 667.5 [prison priors] and a county
jail sentence which exceeds one year constitutes a
prison prior. It does not appear that the
imposition of the enhancement transforms the
sentence into one that must be served in state
prison. It just adds another year in county jail.
(See Penal Code § 667.5(b).)
 The one year arming enhancement can also be
served in county jail (See Penal Code §
12022(a)(1), (a)(2), (c) and (d).)
 Enhancements for the use of a deadly weapon
(Penal Code § 12022(b)) can transform a crime
into a serious felony, punishable in state prison.
But Penal Code § 12022(b) also permits sentencing
in county jail.
Unanswered Questions:
 It is clear that some of exceptions which preclude a
def. from receiving a county jail sentence must be
plead and proven:
 Present serious felony;
 Present violent felony;
 Enhancement per Penal Code § 186.11.
 It is unclear whether a prior serious or violent felony
must be plead and proven in order to exclude the def.
from receiving a county jail sentence. The issue is
currently before the California Supreme Court in
People v. Lara [formerly 193 Cal.App.4th 1393], and
People v. Jones [formerly 188 Cal.App.4th 165]. Both
cases found a pleading and proof requirement. More
recently People v. James (2011) 196 Cal.App.4th 1102
[no petition for review yet], and People v. Voravongsa
(2011) 197 Cal. App. 4th 657 [no petition for review yet]
have ruled that there is no pleading and proof
requirement. If there was no need to plead and prove
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these exclusions, it is unclear why the Legislature
specified that they could not be dismissed under
section 1385. (See generally In re Varnell (2003) 30
Cal.4th 1132, 1141 [power to dismiss under 1385
extends only to charged allegations and
enhancements not to uncharged sentencing factors].)
 It is likewise unclear whether the exclusion for 290
registrants applies to defs. who are required to
register as a result of a prior conviction.
Penal Code § 2933
§ 2933. Worktime credit; Receipt; Forfeiture;
Regulations
(a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison
under Section 1170 serve the entire sentence imposed by
the court, except for a reduction in the time served in the
custody of the Secretary of the Department of
Corrections and Rehabilitation pursuant to this section
and Section 2933.05.
(b) For every six months of continuous incarceration, a
prisoner shall be awarded credit reductions from his or
her term of confinement of six months. A lesser amount
of credit based on this ratio shall be awarded for any
lesser period of continuous incarceration. Credit should
be awarded pursuant to regulations adopted by the
secretary. Prisoners who are denied the opportunity to
earn credits pursuant to subdivision (a) of Section 2932
shall be awarded no credit reduction pursuant to this
section. Under no circumstances shall any prisoner
receive more than six months' credit reduction for any
six-month period under this section.
(c) Credit is a privilege, not a right. Credit must be
earned and may be forfeited pursuant to the provisions
of Section 2932. Except as provided in subdivision (a) of
Section 2932, every eligible prisoner shall have a
reasonable opportunity to participate.
(d) Under regulations adopted by the Department of
Corrections and Rehabilitation, which shall require a
period of not more than one year free of disciplinary
infractions, credit which has been previously forfeited
may be restored by the secretary. The regulations shall
provide for separate classifications of serious disciplinary
Analysis
(a) Intent: It is the Legislature’s intent that state prisoners
should serve their entire sentence – except for reductions
for work in prison and the completion of specific
“approved rehabilitative program[s]” described in Penal
Code § 2933.05.
(b) Credits for State Prisoners: As a general rule state
prisoners receive day for day credits in state prison
 “For every six months. . . a prisoner shall be awarded
credit reductions. . . six months.”
 “A lesser amount of credit based on this ratio shall be
awarded for any lesser period of continuous
incarceration.
(c) Credits are a privilege, not a right, and can be
forfeited. On the other hand, “every eligible prisoner”
must be given the opportunity to earn them.
(d) Restoration of credits: Most [but not all] credit which
has been previously forfeited may be restored by the
secretary of the DCR. This section spells out the
conditions for restoration.
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infractions as they relate to restoration of credits, the
time period required before forfeited credits or a portion
thereof may be restored, and the percentage of forfeited
credits that may be restored for these time periods. For
credits forfeited as specified in paragraph (1) of
subdivision (a) of Section 2932, the Department of
Corrections and Rehabilitation may provide that up to
180 days of lost credit shall not be restored and up to 90
days of credit shall not be restored for a forfeiture
resulting from conspiracy or attempts to commit one of
those acts. No credits may be restored if they were
forfeited for a serious disciplinary infraction in which the
victim died or was permanently disabled. Upon
application of the prisoner and following completion of
the required time period free of disciplinary offenses,
forfeited credits eligible for restoration under the
regulations for disciplinary offenses other than serious
disciplinary infractions punishable by a credit loss of
more than 90 days shall be restored unless, at a hearing,
it is found that the prisoner refused to accept or failed to
perform in a credit qualifying assignment, or
extraordinary circumstances are present that require that
credits not be restored. "Extraordinary circumstances"
shall be defined in the regulations adopted by the
secretary. However, in any case in which credit was
forfeited for a serious disciplinary infraction punishable
by a credit loss of more than 90 days, restoration of credit
shall be at the discretion of the secretary.
The prisoner may appeal the finding through the
Department of Corrections and Rehabilitation's review
procedure, which shall include a review by an individual
independent of the institution who has supervisorial
authority over the institution.
(e)(1) Notwithstanding Section 4019 and subject to the
limitations of this subdivision, a prisoner sentenced to
the state prison under Section 1170 for whom the
sentence is executed shall have one day deducted from
his or her period of confinement for every day he or she
served in a county jail, city jail, industrial farm, or road
camp from the date of arrest until state prison credits
pursuant to this article are applicable to the prisoner.
(2) A prisoner may not receive the credit specified in
paragraph (1) if it appears by the record that the prisoner
(e) Presentence Credits for State Prisoners:
 As a general rule, state prisoners get day for day
credit for custody time served from the date of arrest
until “until state prison credits pursuant to this article
are applicable.”
 These credits can be forfeited for the refusal to
perform work or to follow jail rules (subd. (e)(2));
 When any one of the following four exclusions apply,
credits are calculated under Penal Code § 4019:
(5) Is required to register as a sex offender;
(6) Has been committed for a serious felony;
(7) Has a prior conviction for a serious felony;
(8) Has a prior conviction for a violent felony
 This is essentially a distinction without a difference.
The new version of section 4019 also provides for day
for day credits. The only difference is in the method of
23 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
has refused to satisfactorily perform labor as assigned
by, or 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.

(3) Section 4019, and not this subdivision, shall apply if

the prisoner is required to register as a sex offender,
pursuant to Chapter 5.5 (commencing with Section 290),
was  committed for a serious felony, as defined in
Section 1192.7,  or has a prior conviction for a serious
felony, as defined in Section 1192.7,  or a violent felony,

as defined in Section 667.5.
(f) The provisions of subdivision (d) shall also apply in
cases of credit forfeited under Section 2931 for offenses
and serious disciplinary infractions occurring on or after
January 1, 1983.
Penal Code § 4019
§ 4019. (Second of two; Operative October 1, 2011)
Deductions from period of confinement
(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

calculation. A def. who is sentenced to an odd
number of days serves an extra day under section
4019.
Defs. convicted of “violent” felonies continue to
receive only 15% credits. (Penal Code § 2933.1(a); see
also People v. Caceras (1997) 52 Cal.App.4th 106; People
v. Palacios (1997) 56 Cal.App.4th 252, 255-256 [15%
limitation applies to entire sentence]);
Since there has been no change to Penal Code §
1170.12(a)(5) (or Penal Code §§ 667(c)(5)), a def.
sentenced as a 2nd striker still must serve 80% of his
sentence. But the limitation does not kick in until he
“is physically placed in state prison.” (See People v.
Hill (1995) 37 Cal.App.4th 220);
3rd strikers do not receive any credit against the
mandatory indeterminate term of life imprisonment.
(See Penal Code §§ 667(c)(5), 1170.12(a)(5); In Re
Cervera (2001) 24 Cal.4th 1073; People v. Stofle (1996) 45
Cal.App.4th 417);
Prisoners serving life sentences for murder are also
denied all conduct credits. (See Penal Code § 2933.2.)
Analysis
General Rule: For most offenses committed after October
1, 2011, a def. will receive day for day credit for
confinement in the county jail (subd. (f).)
 This includes pre and post sentence confinement for:
(1) Misdemeanors (subd. (a)(1)(2));
(2) Felonies (subd. (a)(3));
(3) Probation violations (subd. (a)(2));
(4) Violations of Postrelease Community Supervision
(subd. (a)(5)); or
(5) Parole (subd. (a)(5).)
 Thus, for example, for a def. who is sentenced to four
[4] days in the county jail, two days are deducted
from that sentence, as follows:
(1) 1 day unless he “refused to satisfactorily perform
labor as assigned by the sheriff. . .” (subd. (b));
and,
(2) 1 day unless he “has not satisfactorily complied
with the reasonable rules and regulations
established by the sheriff” (subd. (c).)
Exceptions:
 Day for day credits apply only to crimes committed
“on or after October 1, 2011;”
 This credit reduction takes effect only after a def.
serves or is sentenced to four or more days in county
jail;
 Penal Code § 2933.1(c) seems to say that prisoners
convicted of “violent” felonies (Penal Code § 667.5)
continue to receive only 15% county jail credits. But
some analyses of the realignment statutes [including
the one by Judge Couzens prepared for judges] suggests
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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.
(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
that section 4019 contains no exclusions;
 Presumably, a def. sentenced as a 2nd striker under
Penal Code § 1170.12 will now receive day for day
county jail credits. (People v. Hill (1995) 37 Cal.App.4th
220 [80% credit limitation does not kick in until the
prisoner reaches state prison);
 3rd strikers still do not receive any credit against the
mandatory indeterminate term of life imprisonment.
(See Penal Code §§ 667(c)(5), 1170.12(a)(5); In Re
Cervera (2001) 24 Cal.4th 1073; People v. Stofle (1996) 45
Cal.App.4th 417).
 Prisoners serving life sentences for murder also
receive no conduct credits. (See Penal Code § 2933.2.)
Expansion of Home Detention/Electronic Monitoring:
 The board of supervisors can authorize the sheriff to
create a program of home detention electronic
monitoring or home detention as a substitute for jail
time. (Penal Code § 1203.016.) Such a program can be:
 Voluntary, or
 Involuntary
 The board can also authorize the sheriff to create a
home detention/electronic monitoring program as a
substitute for bail. (Penal Code § 1203.018.)
Participation in the program is discretionary and
participants must meet the following conditions:
 No holds or outstanding warrants; and,
 Has a misdemeanor case and has been in custody
for at least 30 calendar days; or
 Has been in custody for at least 60 calendar days
from arraignment.
 Participants in these programs will be entitled to
receive the same day for day credits as county jail
inmates. (See Penal Code §2900.5(a).)
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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.
Penal Code § 3000.08
§ 3000.08. (First of two; Operative October 1, 2011;
Inoperative July 1, 2013; Repealed January 1, 2014)
Parole supervision for enumerated felons;
Postrelease supervision for all other offenders
(a) Persons released from state prison on or after
October 1, 2011, after serving a prison term or,
whose sentence has been deemed served pursuant to
Section 2900.5, for any of the following crimes shall
be subject to the jurisdiction of and parole
supervision by the Department of Corrections and
Rehabilitation:
(1) A serious felony as described in subdivision (c) of
Section 1192.7.
(2) A violent felony as described in subdivision (c) of
Section 667.5.
(3) A crime for which the person was sentenced [as a
3rd striker] pursuant to paragraph (2) of subdivision
(e) of Section 667 or paragraph (2) of subdivision (c)
of Section 1170.12.
Analysis
General Rule:
 Most state prison inmates released on or after October
1, 2011 will be placed on “postrelease community
supervision” pursuant to Penal Code § 3450 instead of
parole.
 The standard term for this supervision will be 3 years.
(Penal Code § 3451.) There appear to be no tolling
provisions. (Penal Code § 3455(c));
 The standard term for parole is also three years (Penal
Code § 3000.), but there are exceptions for violent
crimes and sex offenses;
 The Parole Authority will administer “postrelease
community supervision” until July 1, 2013. After that,
local probation offices will take over supervision and
“postrelease” violations will be heard by the courts.
Exceptions:
 There are five exceptions to the general rule. After
October 1, only inmates convicted of the
following crimes will be supervised by parole
(Penal Code §§ 3000.08, 3451.):
 Serious felonies (Penal Code § 1192.7(c)); Violent
felonies (Penal Code § 667.5(c));
 A third strike (Penal Code §§ 1170.12(c)(2));
 Any crime for which the inmate has been
classified as a “High Risk Sex Offender;”
 Any crime for which the inmate has been
classified by a Mentally Disordered Sex Offender
(MDO) (Penal Code § 2962);
 The standard term of parole is also 3 years. (Penal
Code § 3000.) There are exceptions for violent
crimes and sex offenses.
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(4) Any crime where the person eligible for release
from prison is classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a
condition of parole, to undergo treatment by the
Department of Mental Health pursuant to Section
2962 [MDO] .
(b) Notwithstanding any other provision of law, all
other offenders released from prison shall be placed
on postrelease supervision pursuant to Title 2.05
(commencing with Section 3450).
(c) This section shall operative only until July 1,
2013, and as of January 1, 2014 is repealed, unless a
later enacted statute, that is enacted before January
1, 2014, deletes or extends that date.
Discharge from Postrelease Community Supervision
 A postrelease community supervisee must be
discharged after:
 Three years of supervision (Penal Code §
3456(a));
 One continuous year of supervision without a
violation (Penal Code § 3456(c));
 A postrelease community supervisee may be
discharged if:
 He’s served six consecutive months without a
violation (Penal Code § 3456(b));
 The supervising agency recommends it (Penal
Code § 3456(f)).
Some Caveats:
 Penal Code § 3450 states that “the reincarceration of
parolees for technical violations does not result in
improved public safety;”
 Parolees can still be sent back to state prison (see Penal
Code § 3000.09), but Penal Code § 3056 sharply
curtails the board’s right to do so:
 Subdivision (b) states that “for people already
released on parole as of Oct. 1, 2011. . . a
parolee may be housed in a county jail for a
maximum of 180 days;”
 There is an exception for parolees serving
lifetime parole (Penal Code § 3000.1);
 Postrelease community supervisees cannot be returned to
prison (Penal Code §§ 3457, 3458). Any revocation
sentence they receive must be served in county jail;
 The maximum sentence for Postrelease community
supervisees (Penal Code §§ 3454) will be 180 days.
Parolees will be subject to the same maximum
sentence after July 1, 2013 (Penal Code § 3000.08);
 The parole board is “encouraged” to use “flash
incarceration” – a county jail sentence of 1-10 days –
to “punish a parolee while preventing the disruption
of work or home establishment;”
 The same encouragement extends to Postrelease
community supervisees. (Penal Code § 3454(b).) But It is
difficult to determine exactly what this entails. One
statute says “flash incarceration” can be up to 7 days
at a time (Penal Code § 3450(b)(8)(A).) Another says
it’s between 1-10 days (Penal Code § 3454(c)), while a
third says it can be no more than 7 consecutive days
and not more than 14 aggregate days for any one
violation (Penal Code § 3453(q));
 Punishment alternatives for postrelease community
supervisees include:
 Referral to reentry court;
 Modification of the terms of postrelease
community supervision;
 Revocation followed by a county jail sentence
(Penal Code § 3455);
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 The postrelease community supervision agreement
that every supervisee must sign includes:
 A search clause for “the person, and his or her
residence and possessions” (Penal Code §
3453(f));
 A proviso that the supervisee “shall not be in
the presence of a firearm or ammunition or any
item that appears to be a firearm or
ammunition” (Penal Code § 3453(m));
 The supervisee will waive the right to a
hearing before “flash incarceration” (Penal
Code § 3453(q).)
Penal Code § 3000.09
§ 3000.09. Jurisdiction for parolees paroled from
state prison prior to October 1, 2011
(a) Notwithstanding any other law, any parolee who
was paroled from state prison prior to October 1,
2011, shall be subject to this section.
(b) Parolees subject to this section shall remain
under supervision by the Department of Corrections
and Rehabilitation until one of the following occurs:
(1) Jurisdiction over the person is terminated by
operation of law.
(2) The supervising agent recommends to the parole
authority that the offender be discharged and the
parole authority approves the discharge.
(3) The offender, except an offender who if released
from prison after October 1, 2011, would be subject
to parole based on the criteria identified in
subdivision (a) of Section 3000.08, completes six
consecutive months of parole without violating their
conditions, at which time the supervising agent shall
review and make a recommendation on whether to
discharge the offender to the parole authority and
the parole authority approves the discharge.
(c) Parolees subject to this section who are being
held for a parole violation in county jail on October
1, 2011, shall be subject to the jurisdiction of the
Analysis
Rules For Inmates released on parole before October 1,
2011:
 They remain under the supervision of CDCR
 They can discharge after 6 months if, inter alia:
 There have been no violations
 They would have been eligible for postrelease
supervision
 Parolees held on a parole violation on October 1st , can
still be sent to prison on a parole revocation
 But after their sentence is completed, you
look to Penal Code § 3000.8 to determine
whether they should be released on parole or
postrelease supervision.
Lifetime Parole (Penal Code § 3000.1)
 Persons convicted of murder as well as certain
kidnapping and sexual offenses are still subject to
lifetime parole. (Penal Code § 3000.1.)
 However, the board also has authority to discharge
them:
 1871st parolees = after 7 years
 1872nd parolees = after 5 years
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Board of Parole Hearings and may, upon revocation,
be remanded to the state prison. Upon completion of
a revocation term, the parolee shall either remain
under parole supervision of the department
pursuant to Section 3000.08 or shall be placed on
postrelease community supervision pursuant to Title
2.05 (commencing with Section 3450).
(d) Any parolee who was paroled prior to October 1,
2011, who commits a violation of parole shall be
subject to parole revocation procedures in
accordance with the procedures established under
Section 3000.08.
Penal Code § 3450
Analysis
§ 3450. Citation of act; Legislative findings and
declarations
(a) This act shall be known and may be cited as the
Postrelease Community Supervision Act of 2011.
(b) The Legislature finds and declares all of the
following:
(1) The Legislature reaffirms its commitment to
reducing recidivism among criminal offenders.
(2) Despite the dramatic increase in corrections
spending over the past two decades, national
reincarceration rates for people released from prison
remain unchanged or have worsened. National data
show that about 40 percent of released individuals
are reincarcerated within three years. In California,
the recidivism rate for persons who have served
time in prison is even greater than the national
average.
(3) Criminal justice policies that rely on the
reincarceration of parolees for technical violations
do not result in improved public safety.
(4) California must reinvest its criminal justice
resources to support community corrections
Legislative Declarations:
The Legislature’s justification for Postrelease Community
Supervision [PRCS] contains some powerful [and
unexpected] concessions about the criminal justice
system:
 (b)(2) Jailing people does not work: “National data show
that about 40 percent of released individuals are
reincarcerated within three years. In California, the
recidivism rate for persons who have served time in
prison is even greater than the national average. . . .”
Criminal justice systems that rely heavily upon
incarceration “do not result in improved public
safety.”(b)(3)
 (b)(5) A better way to reduce recidivism is through:
 “Community-based punishment” [see below]
 “Evidence-based practices” [see below], and
 “Improved supervision strategies.”
 (b)(6) With other members of the “Community
Corrections Partnership”], the public defender
“should play a critical role in developing programs
and ensuring appropriate outcomes for persons
subject to postrelease community supervision.”
Definition of Terms:
 "Evidence-based practices" refers to supervision
programs and practices that are “demonstrated by
scientific research to reduce recidivism.”
 "Community-based punishment" seems to mean
alternatives to traditional county jail sentences and
includes the following:
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programs and evidence-based practices that will
achieve improved public safety returns on this
state's substantial investment in its criminal justice
system.
(5) Realigning the postrelease supervision of certain
felons reentering the community after serving a
prison term to local community corrections
programs, which are strengthened through
community-based punishment, evidence-based
practices, and improved supervision strategies, will
improve public safety outcomes among adult felon
parolees and will facilitate their successful
reintegration back into society.
(6) Community corrections programs require a
partnership between local public safety entities and
the county to provide and expand the use of
community-based punishment for offenders paroled
from state prison. Each county's local Community
Corrections Partnership, as established in paragraph
(2) of subdivision (b) of Section 1230, should play a
critical role in developing programs and ensuring
appropriate outcomes for persons subject to
postrelease community supervision.
(7) Fiscal policy and correctional practices should
align to promote a justice reinvestment strategy that
fits each county. "Justice reinvestment" is a datadriven approach to reduce corrections and related
criminal justice spending and reinvest savings in
strategies designed to increase public safety. The
purpose of justice reinvestment is to manage and
allocate criminal justice populations more cost
effectively, generating savings that can be reinvested
in evidence-based strategies that increase public
safety while holding offenders accountable.
(8) "Community-based punishment" means
evidence-based correctional sanctions and
programming encompassing a range of custodial
and noncustodial responses to criminal or
noncompliant offender activity. Intermediate
sanctions may be provided by local public safety
(1) “Flash” incarceration [for not more than 10 days];
(2) Intensive community supervision.
(3) Home detention w/ electronic or GPS
monitoring;
(4) Mandatory community service;
(5) “Restorative justice” programs [e.g., restitution
and “victim-offender reconciliation”];
(6) Work, training, or education in a furlough
program (Penal Code § 1208).
(7) Work release program (Penal Code § 4024.2);
(8) Day reporting;
(9) Mandatory residential or nonresidential
substance abuse treatment programs;
(10) Mandatory random drug testing;
(11) Mother-infant care programs;
(12) “Community-based residential programs
offering structure, supervision, drug treatment,
alcohol treatment, literacy programming,
employment counseling, psychological
counseling, mental health treatment, or any
combination of these and other interventions.”
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entities directly or through public or private
correctional service providers and include, but are
not limited to, the following:
(A) Short-term "flash" incarceration in jail for a
period of not more than 10 days.
(B) Intensive community supervision.
(C) Home detention with electronic monitoring or
GPS monitoring.
(D) Mandatory community service.
(E) Restorative justice programs, such as
mandatory victim restitution and victim-offender
reconciliation.
(F) Work, training, or education in a furlough
program pursuant to Section 1208.
(G) Work, in lieu of confinement, in a work release
program pursuant to Section 4024.2.
(H) Day reporting.
(I) Mandatory residential or nonresidential
substance abuse treatment programs.
(J) Mandatory random drug testing.
(K) Mother-infant care programs.
(L) Community-based residential programs
offering structure, supervision, drug treatment,
alcohol treatment, literacy programming,
employment counseling, psychological counseling,
mental health treatment, or any combination of these
and other interventions.
(9) "Evidence-based practices" refers to supervision
policies, procedures, programs, and practices
demonstrated by scientific research to reduce
recidivism among individuals under probation,
parole, or postrelease supervision.
31 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
Penal Code § 3451
§ 3451. Postrelease Community Supervision;
Applicability
(a) Notwithstanding any other law and except for
persons serving a prison term for any crime
described in subdivision (b), all persons released
from prison on and after October 1, 2011, or, whose
sentence has been deemed served pursuant to
Section 2900.5 after serving a prison term for a
felony shall, upon release from prison and for a
period not exceeding three years immediately
following release, be subject to community
supervision provided by a county agency designated
by each county's board of supervisors which is
consistent with evidence-based practices, including,
but not limited to, supervision policies, procedures,
programs, and practices demonstrated by scientific
research to reduce recidivism among individuals
under postrelease supervision.
(b) This section shall not apply to any person
released from prison after having served a prison
term for any of the following:
(1) A serious felony described in subdivision (c) of
Section 1192.7.
(2) A violent felony described in subdivision (c) of
Section 667.5.
(3) A crime for which the person was sentenced
pursuant to paragraph (2) of subdivision (e) of
Section 667 or paragraph (2) of subdivision (c) of
Section 1170.12.
(4) Any crime where the person eligible for release
from prison is classified as a High Risk Sex Offender.
(5) Any crime where the person is required, as a
condition of parole, to undergo treatment by the
State Department of State Hospitals pursuant to
Analysis
Eligibility for Postrelease Community Supervision
[PRCS]:
 General Rule: All prisoners released from state prison
on or after October 1, 2011 are subject community
release supervision.
 This includes “paper commitments;”
 Maximum term of supervision = 3 years
 Exceptions: A prisoner remains subject to parole if:
 The underlying conviction was
 A serious felony;
 A violent felony; or,
 The prisoner was
 Sentenced as a 3-striker;
 Designated as a High Risk Sex Offender; or
 Ordered to undergo treatment as an MDO
32 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
Section 2962.
(c)(1) Postrelease supervision under this title shall be
implemented by a county agency according to a
postrelease strategy designated by each county's
board of supervisors.
(2) The Department of Corrections and
Rehabilitation shall inform every prisoner subject to
the provisions of this title, upon release from state
prison, of the requirements of this title and of his or
her responsibility to report to the county agency
responsible for serving that inmate. The department
shall also inform persons serving a term of parole for
a felony offense who are subject to this section of the
requirements of this title and of his or her
responsibility to report to the county agency
responsible for serving that parolee. Thirty days
prior to the release of any person subject to
postrelease supervision by a county, the department
shall notify the county of all information that would
otherwise be required for parolees under
subdivision (e) of Section 3003.
Penal Code § 3453
3453. Postrelease community supervision;
Conditions
Postrelease community supervision shall include the
following conditions:
(a) The person shall be informed of the conditions of
release.
(b) The person shall obey all laws.
(c) The person shall report to the supervising county
agency within two working days of release from
custody.
(d) The person shall follow the directives and
instructions of the supervising county agency.
(e) The person shall report to the supervising
Analysis
Mandatory conditions of Postrelease Community
supervision:
(1) Obey all laws;
(2) Report to probation w/in 2 days of release from
custody;
(3) Report as directed;
(4) Follow the directives of the probation officer;
(5) Submit to search and seizure of your person &
residence. [Note there is a broader search condition
contained in Penal Code § 3465];
(6) Waive extradition;
(7) Notify probation of any change of address, work or
school;
(8) Notify probation after any arrest or citation;
(9) Do not travel more than 50 miles from home without
the probation officer’s permission;
(10) Do not leave the state or county for more than two
days without a “travel pass;”
(11) Do not “be in the presence of a firearm or
33 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
county agency as directed by that agency.
(f) The person, and his or her residence and
possessions, shall be subject to search at any time of
the day or night, with or without a warrant, by an
agent of the supervising county agency or by a peace
officer.
(g) The person shall waive extradition if found
outside the state.
(h) The person shall inform the supervising county
agency of the person's place of residence,
employment, education, or training.
(i)(1) The person shall inform the supervising
county agency of any pending or anticipated
changes in residence, employment, education, or
training.
(2) If the person enters into new employment, he
or she shall inform the supervising county agency of
the new employment within three business days of
that entry.
(j) The person shall immediately inform the
supervising county agency if he or she is arrested or
receives a citation.
(k) The person shall obtain the permission of the
supervising county agency to travel more than 50
miles from the person's place of residence.
(l) The person shall obtain a travel pass from the
supervising county agency before he or she may
leave the county or state for more than two days.
(m) The person shall not be in the presence of a
firearm or ammunition, or any item that appears to
be a firearm or ammunition.
(n) The person shall not possess, use, or have access
to any weapon listed in Section 12020, 16140,
subdivision (c) of Section 16170, Section 16220,
16260, 16320, 16330, or 16340, subdivision (b) of
Section 16460, Section 16470, subdivision (f) of
Section 16520, or Section 16570, 16740, 16760, 16830,
ammunition, or any item that appears to be a firearm
or ammunition.” [This condition would appear
unconstitutional without a scienter requirement];
(12) Do not “possess, use, or have access to any
weapon…”
(13) Do not possess “a knife with a blade longer than two
inches.” [There are exceptions for a using such a knife in
the kitchen, or at work, provided that probation has given
its written approval];
(14) Waive any right to a court hearing prior to "flash
incarceration;"
(15) Participate in any “rehabilitation programming”
recommended by probation;
(16) Submit to arrest without a warrant upon probable
cause of a PRCS violation.
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16920, 16930, 16940, 17090, 17125, 17160, 17170,
17180, 17190, 17200, 17270, 17280, 17330, 17350,
17360, 17700, 17705, 17710, 17715, 17720, 17725,
17730, 17735, 17740, 17745, 19100, 19200, 19205,
20200, 20310, 20410, 20510, 20611, 20710, 20910,
21110, 21310, 21810, 22010, 22015, 22210, 22215,
22410, 32430, 24310, 24410, 24510, 24610, 24680,
24710, 30210, 30215, 31500, 32310, 32400, 32405,
32410, 32415, 32420, 32425, 32435, 32440, 32445,
32450, 32900, 33215, 33220, 33225, or 33600.
(o)(1) Except as provided in paragraph (2) and
subdivision (p), the person shall not possess a knife
with a blade longer than two inches.
(2) The person may possess a kitchen knife with a
blade longer than two inches if the knife is used and
kept only in the kitchen of the person's residence.
(p) The person may use a knife with a blade longer
than two inches, if the use is required for that
person's employment, the use has been approved in
a document issued by the supervising county
agency, and the person possesses the document of
approval at all times and makes it available for
inspection.
(q) The person shall 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.
(r) The person shall participate in rehabilitation
programming as recommended by the supervising
county agency.
(s) The person shall be subject to arrest with or
without a warrant by a peace officer employed by
the supervising county agency or, at the direction of
the supervising county agency, by any peace officer
when there is probable cause to believe the person
has violated the terms and conditions of his or her
35 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
release.
Penal Code § 3454
§ 3454. Review process for postrelease supervision
(a) 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.
(b) 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 3453
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 county jail.
Periods of flash incarceration are encouraged as one
method of punishment for violations of an offender's
condition of postrelease supervision.
(c) "Flash incarceration" is a period of detention in
county jail due to a violation of an offender's
Analysis
Conditions of Postrelease Community Supervision:
 Generally speaking, PRCS conditions must be
“reasonably related to:
 The underlying offense;”
 The risk of recidivism;
 The supervisee’s criminal history.
 “Consistent with public safety,” each county may
promulgate its own additional conditions of PRCS,
including:
 Continuous electronic monitoring (see Penal
Code § 1210.7)
 “Appropriate rehabilitation and treatment
services;”
 Referral to a reentry court (Penal Code § 3015);
 Flash incarceration
 Range = 1-10 days for each violation;
 “Periods of flash incarceration are
encouraged. . .”
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conditions of postrelease supervision. The length of
the detention period can range between one and 10
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.
Penal Code § 3455
§ 3455. Postrelease community supervision;
Revocation, modification, or termination
(a) If the supervising county agency has determined,
following application of its assessment processes,
that intermediate sanctions as authorized in
subdivision (b) of Section 3454 are not appropriate,
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, his or
her right to counsel, admit the violation of his or her
postrelease community supervision, waive a court
hearing, and accept the proposed modification of his
or her 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
Analysis
Postrelease Community Supervision violations:
 When can a PRCS violation be Filed? Not until the
probation department, after “following its assessment
process,” determines that “intermediate sanctions. . .
are not appropriate.” [It is unclear whether this process
must be documented in the petition to revoke the
defendant’s PRCS.]
 What must be filed? A petition must be filed in
accordance with the rules governing probation
violations. (E.g. Penal Code § 1203.2.) It must be in
writing and include the following:
 The relevant terms and conditions of the PRCS;
 The circumstances of the violation;
 The history and background of the violator; and
 A recommendation by the probation department.
 When must a hearing on the petition be held? Within “a
reasonable time after the filing of the revocation
petition.”
 Must the court have a hearing on the petition? No. the
supervisee can waive his right to counsel and/or to a
hearing, admit the violation and accept the “proposed
modification of his. . . postrelease community
supervision.” However, the waiver - at lease of the
right to counsel – must be in writing.
 Can the supervisee be held without bail? It appears so,
provided there is a “showing of a preponderance of
the evidence that [s/he] poses an unreasonable risk to
public safety, or the person may not appear if released
from custody, or for any reason in the interests of
justice.”
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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
county jail.
(2) Revoke and terminate postrelease community
supervision and order the person to confinement in
the county jail.
(3) Refer the person to a reentry court pursuant to
Section 3015 or other evidence-based program in the
court's discretion.
(b)(1) At any time during the period of postrelease
community supervision, if any peace officer has
probable cause to believe a person subject to
postrelease community supervision is violating any
term or condition of his or her release, the officer
may, without a warrant or other process, arrest the
person and bring him or her 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 any person
 What happens if the supervisee loses the PRCS violation
hearing? The range of punishment is quite broad. The
court do any of the following:
 Continue the supervisee on postrelease
community supervision with or without
modifications;
 Terminate postrelease community supervision
with or without a county jail sentence;
 Impose a county jail sentence [not to exceed 180
days for each violation];
 Refer the supervisee to a reentry court “or other
evidence-based program;”
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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.
(c) The revocation hearing shall be held within a
reasonable time after the filing of the revocation
petition. Based upon a showing of a preponderance
of the evidence that a person under supervision
poses an unreasonable risk to public safety, or 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 his or her first court appearance.
(d) Confinement pursuant to paragraphs (1) and (2)
of subdivision (a) shall not exceed a period of 180
days in the 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 his
or her supervision is tolled pursuant to Section
1203.2 or subdivision (b) of Section 3456.
Penal Code § 3456
§ 3456. Termination of postrelease supervision
(a) The county agency responsible for postrelease
supervision, as established by the county board of
Analysis
Termination of Postrelease Community Supervision:
Postrelease community supervision can be terminated in
any one of the following six [6] ways:
(1) After the maximum term of 3 years. [Note that “time
during which a person on postrelease supervision is
suspended because the person has absconded shall not be
39 | P a g e - S u m m a r y o f R e a l i g n m e n t S t a t u t e s
supervisors pursuant to subdivision (a) of Section
3451, shall maintain postrelease supervision over a
person under postrelease supervision pursuant to
this title until one of the following events occurs:
(1) The person has been subject to postrelease
supervision pursuant to this title for three years at
which time the offender shall be immediately
discharged from postrelease supervision.
(2) Any person on postrelease supervision for six
consecutive months with no violations of his or her
conditions of postrelease supervision that result in a
custodial sanction may be considered for immediate
discharge by the supervising county.
(3) The person who has been on postrelease
supervision continuously for one year with no
violations of his or her conditions of postrelease
supervision that result in a custodial sanction shall
be discharged from supervision within 30 days.
(4) Jurisdiction over the person has been terminated
by operation of law.
(5) Jurisdiction is transferred to another supervising
county agency.
(6) Jurisdiction is terminated by the revocation
hearing officer upon a petition to revoke and
terminate supervision by the supervising county
agency.
(b) Time during which a person on postrelease
supervision is suspended because the person has
absconded shall not be credited toward any period
of postrelease supervision.
(2)
(3)
(4)
(5)
(6)
credited toward any period of postrelease
supervision.” This suggests that time spent in custody
awaiting disposition of a PRCS petition does count
toward the maximum 3 year term.]
After one [1] year without a violation “that results in a
custodial sanction;”
At the discretion of the probation officer after six [6]
consecutive months without a violation “that results in
a custodial sanction;”
When “jurisdiction over the person has been
terminated by operation of law;”
When jurisdiction has been transferred to another
county;
By the court, at its discretion, after a revocation
hearing.