If you're in California and released from state prison after serving time for a low-risk, non-violent, non-sexual felony, you'll probably be placed on post-release community supervision (PRCS). This supervision not only ensures law enforcement oversight but also provides crucial support for your reintegration into society.
However, it's important to note that the PRCS system is designed with fairness in mind. Violating the terms of your PRCS could lead to legal penalties under California Penal Code 3455, ensuring that everyone is held accountable equally.
This statute guides courts on handling ex-prisoners who breach the conditions of their post-release community supervision. If a violation happens, the law permits the court to alter or revoke PRCS or refer the individual to reentry court.
Post-release community supervision is an alternative to parole, where the county oversees lower-level felons after they are released from a California state prison.
It differs from felony probation, which is a sentencing component and serves as an alternative to incarceration in state prison.
Monitoring a Felon After Release
PRCS is a supervisory period during which a county agency monitors a felon after their release from prison. However, it does not reduce their prison sentence. Offenders under supervision must complete up to three years of community supervision.
They can be discharged after six months and may end supervision after 12 months if they comply with all conditions.
All felons exiting prison are subject to PRCS unless they have committed serious or violent offenses, such as murder under Penal Code 187 PC, rape under Penal Code 261 PC, or lewd acts with a minor under 14 under Penal Code 288 PC.
California Penal Code Section 3455 outlines the rules and penalties for violations of community supervision, as well as the consequences courts may impose for breaching supervision conditions after release from prison.
PRCS is an Alternative to Parole
Post-release community supervision (PRCS) is an alternative to parole, established by California voters in 2011.
While parole remains available for violent offenders, sexual offenders, and the mentally ill, PRCS primarily serves as a substitute for parole for those who have completed sentences for non-violent, non-serious, and non-sexual felonies before being released from prison.
While the state authorities oversee parole supervision, PRCS shifts supervision responsibilities to local or county agencies. This means you are supervised by county agencies instead of the state. During your community supervision, you must adhere to certain rules and conditions, which may include:
- Not departing the state without authorization;
- Complying with all laws;
- Having no weapons;
- Engaging in rehabilitation programs;
- Undergoing electronic monitoring.
As mentioned, PRCS lasts up to three years. However, if you fully comply with your supervision conditions, you might qualify for release from PRCS. Most individuals are released after 12 months, provided they haven't violated any supervision terms.
PRCS and parole are both forms of post-release supervision, often with similar conditions. The main difference lies in the supervising agency: parole is managed by the state, whereas PRCS is overseen locally by the county of residence.
What Are the Different Types of PRCS Violations?
PRCS violations are categorized into two types: technical violations and violations of new laws.
- Technical violations refer to breaches of your PRCS terms, such as missing reports to your probation officer or failing a drug test. These violations do not entail any new criminal conduct.
- New law violations happen when you commit a new crime while on PRCS. Additionally, law violations are regarded as more serious than technical violations.
What Are the Consequences of Violating PRCS Terms?
When you are under community supervision, you will be informed of the terms and conditions you need to follow. Under PC 3455, a police officer with probable cause to believe you've violated your PRCS conditions can arrest you without a warrant.
The county can petition the court to revoke PRCS, requiring them to include key information in their written report, such as the terms and conditions of post-release supervision, details of the alleged violation, the violator's history, and any recommendations for the hearing officer.
Depending on the severity of the violation, whether minor or major, you could face any of the following consequences:
- Intermediate sanctions: The county might require you to fulfill additional and immediate conditions aimed at rehabilitation, like mandatory drug treatment or mental health counseling.
- "Flash incarceration": The county can detain you for up to 10 days without a court hearing.
- Petition to revoke your PRCS: The county can ask the court to revoke your supervision under PC 3455. If granted, authorities may detain you until your revocation hearing, depending on whether you're viewed as a public safety risk or if it aligns with the interests of justice.
Penal Code 3455 PC requires the court to hold a revocation hearing within a reasonable period after receiving the revocation petition. The individual named in the petition may stay in custody pending the hearing if specific conditions are met, such as posing a risk to public safety.
What Occurs During a Revocation Hearing?
The revocation hearing takes place in court or before a hearing officer. Its purpose is to determine whether you have violated the terms of your PRCS and, if so, to determine the appropriate response.
If the revocation hearing officer finds a violation, they will then choose one of three possible outcomes:
- Return you to post-release community supervision, possibly with adjusted terms or restrictions. These additional conditions might involve counseling, drug treatment, or a period of incarceration.
- Revoke your PRCS, as failure to do so could result in a jail sentence of up to 180 days.
- You may be referred to reentry court if the court determines you require further support for reintegration into society.
You can choose to waive your right to a PRCS hearing at any time. However, some individuals opt to admit their violation and agree to the conditions specified in the petition.
What is Reentry Court?
Reentry court serves as an alternative to incarceration for individuals who violate their PRCS conditions. It integrates case management, judicial supervision, and assessment, offering rehabilitative services such as drug treatment, mental health counseling, job training, education programs, and more.
Reentry court seeks to lower recidivism and assist you in becoming a productive member of society. As a convicted felon accused of violating your post-release community supervision under Penal Code 3455 PC, you still retain your legal rights.
To review your case details and explore legal options, contact our California criminal defense lawyers by phone or through our contact form. Cron, Israels & Stark is based in Los Angeles, California.
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