2011 Criminal Justice Realignment Act ... - California Courts

The court may refer the inmate to a reentry court pursuant to section 3015, or other
evidence-based program.
The court may not return the inmate to state prison. (§ 3458.)
45. Is there a new restitution fine for PRCS?
Yes. Under section 1202.45(b), the court must assesses a PRCS revocation restitution fine at
the same time and in the same amount as the court assesses the restitution fine under section
1202.4(b). (§ 1202.45(b).) Because these inmates are returning from prison based on a
commitment made long before the enactment of this assessment, and because the court does
not acquire jurisdiction over these inmates until a petition to revoke or modify PRCS is filed,
there is no clear opportunity to comply with the legislation. Presumably the court should
impose the assessment when the inmate appears on a revocation or modification petition.
46. Is there a process where the inmate may simply accept the sanctions
recommended by the supervising agency without the need for a court
hearing?
Yes. At any stage of the process, the inmate may waive, in writing, his right to counsel and a
court hearing, admit the violation, and accept the proposed sanction. (§ 3455(a).)
47. Are the proceedings on the petitions for revocation open to the public?
Yes. Court proceedings are presumptively open to the public unless expressly made
confidential. Since the criminal justice realignment legislation is silent on this issue, these
proceedings are presumed open.
48. Will the court be involved in an inter-county transfer when a person subject to
PRCS is determined to live in another county?
No. Section 3460 establishes a process for the transfer by the supervising agency upon the
agency’s determination that the person no longer permanently resides in that agency’s county.
The court is not involved in this process.
49. Has the Judicial Council adopted rules and forms to govern PRCS revocation
procedures?
Yes. Effective October 28, 2011, the Judicial Council adopted a Petition for Revocation of
Community Supervision (form CR-300) and Rules 4.540 and 4.541 of the California Rules of
Court. Rule 4.540 governs postrelease community supervision revocation procedures and
Rule 4.541 prescribes minimum contents of supervising agency reports to courts. The
Petition for Revocation of Community Supervision is designed for use by supervising
agencies to initiate postrelease community supervision revocation proceedings. The form and
rules are available at the Criminal Justice Realignment Resource Center,
http://www.courts.ca.gov/partners/930.htm. In response to recent legislation that applied
longstanding probation revocation procedures to revocations of PRCS, distinct procedural
requirements for PRCS revocations are likely unnecessary. Accordingly, the Judicial
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