Supervised persons: release.

Existing law authorizes a probation officer, parole officer, or peace officer to rearrest 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 their supervision. Existing law allows a court to order the release of a supervised person from custody under terms and conditions the court deems appropriate, unless the person is serving a period of flash incarceration. This bill would require a court that elects to order the release of persons on probation pursuant to this provision to release persons on probation on their own recognizance pending a formal revocation hearing absent a finding by clear and convincing evidence that conditions of release are required by the individual circumstances of the case in order to reasonably protect the public and provide reasonable assurance of the person's future appearance in court. The bill would prohibit a court from imposing cash bail as a condition of release absent a showing by clear and convincing evidence that other reasonable conditions of release would be inadequate to encourage the person to attend court in compliance with the court's orders. The bill would require the court to consider the person's ability to pay cash bail and would require any bail order to be set at a level the person could reasonably afford. The bill would also prohibit the court from imposing the costs of any imposed conditions on the supervised person. The bill would prohibit the court from denying release for a person on probation for felony conduct before the court holds a formal probation revocation hearing unless the court finds by clear and convincing evidence that there are no means reasonably available that would encourage the person to attend court as ordered. The bill would make related conforming changes. The bill would specify that these provisions do not limit the court's authority to hold, release, limit release, or impose conditions of release for new charges.