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.
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 (2023 AB 310), this proposed legislation would result in an increased DOC daily population resulting in an operations cost (excluding possible construction costs) to DOC of $72.8 million during the first year of enactment and a permanent increased operations cost of approximately $209.3 million each year after. On top of this, it is estimated that two new prisons would need to be built to accommodate this increased population, each costing an estimated $687 to $839 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.
