California Penal Code

§ 1203.35

PEN § 1203.35 Effective Jan 1, 2023Title 8 · Part 2 · Ch. 1

Statute text

(a)(1) In any case in which the court grants probation or imposes a sentence that includes mandatory supervision, the county probation department is authorized to use flash incarceration for any violation of the conditions of probation or mandatory supervision if, at the time of granting probation or ordering mandatory supervision, the court obtains from the defendant a waiver to a court hearing prior to the imposition of a period of flash incarceration. Probation shall not be denied for refusal to sign the waiver.

(2)Each county probation department shall develop a response matrix that establishes protocols for the imposition of graduated sanctions for violations of the conditions of probation to determine appropriate interventions to include the use of flash incarceration.

(3)A supervisor shall approve the term of flash incarceration prior to the imposition of flash incarceration.

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Legislative history

Amended by Stats. 2022, Ch. 756, Sec. 2. (AB 1744) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.