Post Release Community Supervision California PC 3450 – 3465
What is Post Release Community Supervision (“PRCS”)?
The Criminal Justice Realignment Act of 2011 (“Realignment”) makes significant changes to the sentencing and supervision of persons convicted of certain felony offenses. This legislation amends a broad array of statutes concerning where a defendant will serve his or her sentence, as well as how a defendant is to be supervised if supervision is required.
Post Release Community Supervision, or PRCS, is a significant change in how and where a defendant is supervised in the community upon release from custody. PRCS creates a new process whereby certain offenders being released from prison custody would no longer be supervised by the state parole system, but instead would be supervised by a local supervision agency. PRCS does not shorten any prison term; it merely modifies the agency that will supervise the defendant after release.
Post Release Community Supervision applies to all persons being released from prison except for persons who have been released after serving a prison term for the following crimes, or have received the following sentences (PC 3451(b)):
- A third strike sentence imposed under the Three Strikes law pursuant to sections 667(e)(2) or 1170.12(c)(2).
- Any sex crime where the person is classified as a High Risk Sex Offender.
- Any person who is required, as a condition of parole, to undergo treatment with the State Department of Mental Health under section 2960.
Unlike sentencing under PC 1170(h), PRCS does not exclude persons who are registered sex offenders (unless they are a High Risk Sex Offender), or because they have committed a crime under section 186.11.
Benefits of Post Release Community Supervision
PRCS under California Penal Code section 3456 mandates all the following:
- No more than three years of community supervision
- Eligibility for early discharge from supervision after 6-months
- Discharge from supervision after 12-months of successful supervision if the inmate has no returns to custody for any violation of his or her community supervision.
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If you or someone you care about is facing a felony charge, it is vital that you contact an attorney at Wallin & Klarich immediately. Our experienced and skilled attorneys may be able to help you receive a suspended sentence, where you serve a term of formal probation instead of jail or prison time. With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, the criminal defense attorneys at Wallin & Klarich have aggressively protected the rights of their clients for over 40 years. We have the knowledge and experience to help you get the best possible result in your criminal case.
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