Failed to pass both houses, will not become law this session
This bill would require the Department of Corrections to recommend revoking a person’s extended supervision, parole, or probation if the person is charged with a crime while on release. The bill also adds additional barriers to record expungement if a person has a previous conviction (including a conviction that has been expunged), if they have pending criminal charges, or if a person violated a rule or condition of probation.
This would take away any discretion that that person’s parole officer might have if they would have otherwise continued to keep the person on supervision and automatically initiate an administrative revocation to send them to prison. This raises constitutional concerns because the practical burden of proof required for a period of incarceration on a new charge would essentially become “probable cause” rather than “beyond a reasonable doubt.”
According to a Fiscal Estimate completed by the Department of Corrections for a previous iteration of this bill (2021 AB 174), this proposed legislation would result in an increased cost of more than $1.7 million annually and increase the daily population in DOC institutions by 1,599 people during the first year and a permanent increase of 4,673 people in the care of DOC. It is estimated that two new prisons would need to be built to accommodate this increased population, each costing an estimated $450 to $550 million to construct.
Rather than trapping people in a revolving door of incarceration and supervision, people on parole, probation, or extended supervision should be given the support and opportunities they need to thrive in their community.
