California Penal Code 3453 – Postrelease community supervision shall include the following …
Postrelease community supervision shall include the following conditions:
(a) The person shall be informed of the conditions of release.
Terms Used In California Penal Code 3453
- Arrest: Taking physical custody of a person by lawful authority.
- county: includes "city and county". See California Penal Code 7
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(b) The person shall obey all laws.
(c) The person shall report to the supervising county agency within two working days of release from custody.
(d) The person shall follow the directives and instructions of the supervising county agency.
(e) The person shall report to the supervising county agency as directed by that agency.
(f) The person, and their residence and possessions, shall be subject to search at any time of the day or night, with or without a warrant, by an agent of the supervising county agency or by a peace officer.
(g) The person shall waive extradition if found outside the state.
(h) (1) The person shall inform the supervising county agency of the person’s place of residence and shall notify the supervising county agency of any change in residence, or the establishment of a new residence if the person was previously transient, within five working days of the change.
(2) For purposes of this section, “residence” means one or more locations at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, a house, apartment building, motel, hotel, homeless shelter, and recreational or other vehicle. If the person has no residence, they shall inform the supervising county agency that they are transient.
(i) (1) The person shall inform the supervising county agency of the person’s place of employment, education, or training. The person shall inform the supervising agency of any pending or anticipated change in employment, education, or training.
(2) If the person enters into new employment, they shall inform the supervising county agency of the new employment within three business days of that entry.
(j) The person shall immediately inform the supervising county agency if they are arrested or receive a citation.
(k) The person shall obtain the permission of the supervising county agency to travel more than 50 miles from the person’s place of residence.
(l) The person shall obtain a travel pass from the supervising county agency before they may leave the county or state for more than two days.
(m) The person shall not be in the presence of a firearm or ammunition, or any item that appears to be a firearm or ammunition.
(n) The person shall not possess, use, or have access to any weapon listed in Section 16140, subdivision (c) of Section 16170, Section 16220, 16260, 16320, 16330, or 16340, subdivision (b) of Section 16460, Section 16470, subdivision (f) of Section 16520, or Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090, 17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350, 17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735, 17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20610, 20611, 20710, 20910, 21110, 21310, 21810, 22210, 22215, 22410, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215, 31500, 32310, 32400, 32405, 32410, 32415, 32420, 32425, 32430 32435, 32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600.
(o) (1) Except as provided in paragraph (2) and subdivision (p), the person shall not possess a knife with a blade longer than two inches.
(2) The person may possess a kitchen knife with a blade longer than two inches if the knife is used and kept only in the kitchen of the person’s residence.
(p) The person may use a knife with a blade longer than two inches, if the use is required for that person’s employment, the use has been approved in a document issued by the supervising county agency, and the person possesses the document of approval at all times and makes it available for inspection.
(q) The person shall waive any right to a court hearing prior to the imposition of a period of “flash incarceration” in a city or county jail of not more than 10 consecutive days for any violation of their postrelease supervision conditions.
(r) The person shall participate in rehabilitation programming as recommended by the supervising county agency.
(s) The person shall be subject to arrest with or without a warrant by a peace officer employed by the supervising county agency or, at the direction of the supervising county agency, by any peace officer when there is probable cause to believe the person has violated the terms and conditions of release.
(t) The person shall pay court-ordered restitution and restitution fines in the same manner as a person placed on probation.
(Amended by Stats. 2021, Ch. 434, Sec. 14. (SB 827) Effective January 1, 2022.)