Post Release Community Supervision (PRCS) is the supervision and monitoring of a person who is released from prison after serving a sentence for a non-violent, non-serious felony offense.
Note: PRCS started in 2011 after “Realignment” incarceration laws which aimed to reduce the population of overcrowded prison in California. The same laws reduced the length of parole after prison for some non-violent felony prison inmates.
Length of PRCS: The term of supervision for probationers subject to PRCS is no more than three (3) years from the date of the release from prison unless this period is tolled (paused) for some reason caused by the probation (i.e., probation is incarcerated on another felony or misdemeanor crime, the probation flees the jurisdiction, etc.) (PC 3455(e) Abbrev.).
Compare: Parolees released from state prison and onto parole after a violent offense conviction will usually have a much longer period of parole that can last up to life depending on the crime.
Example: The crime robbery (PC 211) is a violent offense. If the defendant is ordered to prison after a conviction for robbery, then his post-release supervision is monitored by a state parole agent and the period of parole is no less than six (6) years.
Compare: The crime of felony welfare fraud (WI 10980) is non-violent, non-serious offense. If the defendant is ordered to jail after a conviction for welfare fraud, then his post-release supervision is monitored by a local county probation officer (PRCS Officer).
Post-Release Supervision Agents: PRCS is conducted by a felony probation officer who works in the county where the probationer lives.
Compare: Parolees released from state prison and onto parole after a conviction for a violent felony or serious felony may be monitored by a county probation officer (similar to PRCS monitoring), but these individuals may also be monitored by the California Department of Corrections and Rehabilitations (CDCR), which has its own state parole officers.
PC 3455 Violations: Violations of PRCS terms and conditions may result in a local criminal court hearing in the county where the probationer lives. At the hearing, the county district attorney may levy criminal charges of PC 3455 (Violation of Community Supervision).
Compare: Parolees released from state prison onto parole after a conviction for a violent offense may be charged with a violation of parole (similar to probationer on PRCS). However, PC 3455 options do not apply to parolees released onto parole from state prison after a conviction for a violent offense (See PC 3455 Violation Remedies Below).
Lowered Burden of Proof: A VOP allegation does not have to be proved beyond a reasonable doubt. Rather, the burden of proof required to prove the probation violated a term of his PRCS is “preponderance” of the evidence, which means that the district attorney only needs to show a judge that the VOP more likely occurred than not (a low burden of proof).
Qualifying Offenses: PRCS and PC 3455 applies to non-serious, non-violent felony offenses.
Common PRCS qualifying offenses include vehicle theft, possession of narcotics or weapons offenses without injury or assault to victim, felony statutory rape, felony theft offenses, welfare fraud, felony sexual battery, felony DUI, extortion, embezzlement, and possession of child pornography crimes.
Non-Qualifying Offenses: A prison sentence after a violent or serious felony offense conviction is not eligible for PRCS and PC 3455 VOP remedies.
Common violent and serious felonies that are not eligible for PRCS after release from state prison include murder, rape, torture, lewd act on a child, residential burglary, kidnapping, mayhem, witness intimidation, criminal threats, carjacking, and robbery.
PC 3455 Violation Remedies (Abbrev.)
According to California penal code 3455, a violation of PRCS may result in a revocation, modification, or termination of PRCS as authorized under PC 1203.2 (Violation of Probation) [PC 3455(a) Abbrev.].
If the probation is found to have violated his PRCS, then the probation revocation hearing officer is authorized to do all the following:
Return the person to post release community supervision with modifications of conditions, if appropriate, including a period of incarceration in a county jail (PC 3455(a)(1)).
Revoke and terminate post release community supervision and order the person to confinement in a county jail (PC 3455(a)(2)).
Refer the probationer to a reentry court (i.e., drug court, mental health court, etc.), or other evidence-based program in the court’s discretion (PC 3455(a)(3) Abbrev. & Modified for Clarity).
Also, “at any time during the period of post release community supervision, if a peace officer has probable cause to believe a person subject to post release 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 [probation department] (PC 3455(b)(1) Abbrev.).
PC 3455 Defense Options
Except for “flash incarcerations,” up to ten (10) days in local county jail for violations of PRCS, a PRCS probationer, who is alleged to have violated his PRCS, may be released by the court under any terms and conditions the court deems appropriate (PC 3455(b)(3) Abbrev.)).
Limitation of Confinement: Confinement after conviction for a PRCS violation must not exceed one hundred eighty (180) days per violation on separate occasions (PC 3455(d)). Of course, if the violation of PRCS is a new felony or misdemeanor allegation, then conviction for that underlying offense is not necessarily limited to 180 days.
Flash Incarceration: A “flash incarceration” of up to ten (10) days is allowed where the PRCS probation officer declares a probation violation upon reasonable cause but does not otherwise proceed to file a formal VOP charge pursuant to PC 1203.2.
Other Defense Options: Where the probationer is charged with a VOP, and he is not incarcerated pursuant to “flash incarceration,” then the probationer will have all the defenses afforded to hi as other any person charged with a crime or a violation of a court order (i.e., payment of fine or restitution, etc.).
These defenses include insufficient evidence, self-defense, coerced confession, mistake of fact, entrapment, and more. However, illegal search and seizure defense options do not usually apply to PRCS probationers as most probations have waived their right to unreasonable search and seizure laws as a condition of their PRCS (i.e., Bravo Search Terms).
Also, even if the defendant is found to have violated his PRCS, the judge is still in charge of the defendant's sentence (up to 180 days). This means the criminal court judge, not the probation officer or the district attorney decides the fate of the probationer.
Criminal defense attorneys will emphasis the mitigating factors present in the case to try to convince the judge of the lowest sentence, an appropriate treatment court alternative, or even a non-jail sentence modification of PRCS terms.
To learn more about Post Release Community Supervision (PRCS), or felony PC3455-F: Violation of Community Supervision contact our California criminal defense lawyers for a fee case evaluation.
Our team of successful criminal defense lawyers handle all misdemeanor and felony criminal charges in the Inland Empire, Los Angeles, and Orange Counties, including the cities and courts of Redlands, Fontana, Moreno Valley, Pomona, Ontario, Rancho Cucamonga, Victorville, Riverside, and more. Call today!
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