Supervised persons: credits.

Existing law, until January 1, 2017, requires that when a statute imposes 3 possible terms of imprisonment, the choice of the appropriate term to impose is within the court's discretion. Existing law authorizes a court, when sentencing a person to county jail for a felony, to commit the person to county jail for either the full term in custody, as specified, or to suspend the execution of a concluding portion of the term selected at the court's discretion. Under existing law, this period of suspended execution is supervised by the county probation officer and is known as mandatory supervision. Existing law prohibits any time period which is suspended because a person has absconded from being credited toward the period of supervision. This bill would revise those provisions to prohibit the period of time during any revocation, summary or otherwise, of mandatory supervision from bring credited toward any period of supervision, and would provide that a person not remain in custody for a period longer than the term of supervision. The bill would also provide that the period of the stay of the sentence would not extend beyond 5 years from the date of the last summary revocation of supervision, subject to exception, and in no event would the stay be extended beyond 10 years from the date of the last summary revocation of supervision. Existing law allows a probation officer, parole officer, or peace officer to arrest a person without warrant or other process during the period that a person is released on probation, conditional sentence or summary probation, or mandatory supervision, or when the person is subject to revocation of postrelease community supervision or parole supervision, if the officer has probable cause to believe that the supervised person is violating the terms of his or her supervision. Under existing law, the revocation of supervision, summary or otherwise, serves to toll the running of the period of supervision. This bill would instead prohibit the period of time during any revocation, summary or otherwise, from being credited toward any period of supervision. The bill would also provide that the period of the stay of the sentence would not extend beyond 5 years from the date of the last summary revocation of supervision, subject to exception, and in no event would the stay be extended beyond 10 years from the date of the last summary revocation of supervision. Existing law requires a county agency responsible for postrelease supervision to maintain postrelease supervision over a person subject to that supervision until one of several specified events occurs. Existing law prohibits the time during which a person on postrelease supervision is suspended because the person has absconded from being credited toward any period of postrelease supervision. This bill would revise that prohibition to prohibit the period of time during any revocation, summary or otherwise, from being credited toward any period of supervision, provided however, that the person subject to postrelease supervision would not remain in custody for a period longer than the authorized term of supervision. The bill would also provide that the period of the stay of the sentence would not extend beyond 5 years from the date of the last summary revocation of supervision, subject to exception, and in no event would the stay be extended beyond 10 years from the date of the last summary revocation of supervision. The bill would make additional technical, nonsubstantive changes to those provisions.