Home > Codes > Penal Code California Penal Code §3455 Show as: HTML SLIM CALM RDF Akoma Ntoso 3455. (a) If the supervising county agency has determined, following application of its assessment processes, that intermediate sanctions as authorized in subdivision
(Which means County Probation Agency has decided to quickly of high priority to take away the violators privilege to have probation out side of jail)
(b) of Section 3454 are not appropriate, the supervising county agency shall petition the court pursuant to Section 1203.2 to revoke, modify, or terminate postrelease community supervision. At any point during the process initiated pursuant to this section,
(which means due to the violator behavior and actions are not lawfully or seen to be a harm to others or themselves and or can not adjust to outside jail life. The assigned probation Officer can and has the right at any time to take away, change, or cancel outside jail probation.)
(What the violator can do and are his/her options)
a person may waive, in writing, his or her right to counsel,
(meaning not wanting legal advice and /or a lawyer but must write a statement of not wanting one)
admit the violation of his or her postrelease community supervision, waive a court hearing, and accept the proposed modification of his or her postrelease community supervision.
The petition shall include a written report that contains additional information regarding the petition, including the relevant terms and conditions of postrelease community supervision, the circumstances of the alleged underlying violation, the history and background of the violator, and any recommendations.
(which means you can in writing explain your personal side and situation that lead to alleged violation due to events that where uncontrollable, or medical, and how you are taken care of while in jail or probation Officer but must have proof to back up your statements and then you can state what you think would be better and would really help you so don't keep violating your probation)
The Judicial Council shall adopt forms and rules of court to establish uniform statewide procedures to implement this subdivision, including the minimum contents of supervision agency reports. Upon a finding that the person has violated the conditions of postrelease community supervision, the revocation hearing officer shall have authority to do all of the following:
(1) Return the person to postrelease community supervision with modifications of conditions, if appropriate, including a period of incarceration in county jail.
(2) Revoke and terminate postrelease community supervision and order the person to confinement in the county jail.
(3) Refer the person to a reentry court pursuant to Section 3015 or other evidence-based program in the court’s discretion. (b) (1) At any time during the period of postrelease community supervision, if any peace officer has probable cause to believe a person subject to postrelease community supervision is violating any term or condition of his or her release, the officer may, without a warrant or other process, arrest the person and bring him or her before the supervising county agency established by the county board of supervisors pursuant to subdivision (a) of Section 3451. Additionally, an officer employed by the supervising county agency may seek a warrant and a court or its designated hearing officer appointed pursuant to Section 71622.5 of the Government Code shall have the authority to issue a warrant for that person’s arrest.
(2) The court or its designated hearing officer shall have the authority to issue a warrant for any person who is the subject of a petition filed under this section who has failed to appear for a hearing on the petition or for any reason in the interests of justice, or to remand to custody a person who does appear at a hearing on the petition for any reason in the interests of justice.
(c) The revocation hearing shall be held within a reasonable time after the filing of the revocation petition. Based upon a showing of a preponderance of the evidence that a person under supervision poses an unreasonable risk to public safety, or the person may not appear if released from custody, or for any reason in the interests of justice, the supervising county agency shall have the authority to make a determination whether the person should remain in custody pending the first court appearance on a petition to revoke postrelease community supervision, and upon that determination, may order the person confined pending his or her first court appearance.
(d) Confinement pursuant to paragraphs (1) and (2) of subdivision (a) shall not exceed a period of 180 days in the county jail for each custodial sanction.
(Which mean the violator can spend up to 180 days in jail while waiting for a court hearing)
(e) A person shall not remain under supervision or in custody pursuant to this title on or after three years from the date of the person’s initial entry onto postrelease community supervision, except when his or her supervision is tolled pursuant to Section 1203.2 or subdivision (b) of Section 3456. Amended by: Stats. of 2011, Chapter 43 - §52 Effective: June 27, 2012 Amended by: Stats. of 2011, Chapter 39 - §50 Effective: January 1, 2012 Identifier: urn:legix:us-ca:codes;pen:doc(sec3455):html
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