AB 831

This bill changes the conditions under which a person's probation, parole, or

extended supervision may be revoked and allows the use of short-term sanctions as

an alternative to revocation.

Under current law, a person's probation, parole, or extended supervision may

be revoked if he or she violates a condition or rule of probation, parole, or extended

supervision. Under this bill, a person's probation, parole, or extended supervision

may not be revoked unless one of the following conditions is met:

1. The person committed three or more independent violations during his or her

term of probation, parole, or extended supervision.

2. The condition that the person violated was a condition that the person not

contact any specified individual.

3. The person was required to register as a sex offender with the Department

of Corrections.

4. When the person violated the rule or condition, the person also allegedly

committed a crime.

5. The person absconded.

Under current law, if a person admits that he or she has violated a rule or

condition of probation or extended supervision, DOC may sanction the person with

imprisonment for up to 90 days. Under the bill, DOC may sanction the person with

imprisonment for only 30 days, unless the violation meets the grounds for revocation

of probation, parole, or extended supervision, in which case DOC may sanction the

person with imprisonment for up to 90 days.

Under the bill, if DOC alleges that a person on probation, parole, or extended

supervision has violated a rule or condition that is not grounds for revocation, and

the person does not admit to the violation or waive a hearing, the Division of

Hearings and Appeals must hold a hearing on the allegation of the violation and may

impose a sanction of imprisonment for up to 30 days for the violation or up to 90 days

if the violation meets the grounds for revocation. Under the bill, if the person waives

a hearing, DOC may impose the sanction without a hearing.

Under the bill, DOC is required to submit an annual report to the governor, the

legislature, and the state courts on data related to the revocation of extended

supervision and probation and recidivism. The bill requires DOC to report on the

amount of cost savings that results from the limitation on incarceration for

revocations imposed under this bill. The bill requires DOC to use the money saved

on incarceration under this bill to fund programs to reduce recidivism.