My question involves criminal law for the state of: CA
My son is being released on PRCS in 5 months. I have a question regarding the new rules for AB109/PRCS and restitution.
I understand when being released under PAROLE all restitution must be paid in full before the Interstate Transfer process can begin.
I have heard but am having trouble locating the documents that speak to PRCS and Interstate Transfer in regards to restitution.
I found this on a prison/parole blog but cannot find the original document.
If anyone can point me to the legal document I would appreciate it.
2011 Realignment Act and Interstate Compact
On April 4, 2011, Governor Brown signed Assembly Bill 109, the Public Safety Realignment Act. This Act becomes effective October 1, 2011, and makes significant changes to felony sentencing laws, and assigns courts a new and significant role in the revocation process for offenders who violate their terms or conditions of post-release supervision.
This Act will also have a significant impact on California Probation Departments and how they do business. And, while California Probation prepares for this Realignment, I wish to provide information on the effects this Act will have on the Interstate Compact process insofar as Probation is concerned.
Per this Act, under PC 3450, Offenders released from custody are termed Post-Release Community Supervision (PRCS) offenders. As such, they areunder the supervision of local probation Departments and no longer under the jurisdiction of Parole. However, for purposes of the Interstate Compact---when the PO submits the Transfer Packet for a PRCS case, the PO shall select “Parole” when determining the “Type of Supervision” on the Transfer Request form. Additionally, PRCS cases are not subject to restitution issues as initially thought under PC 11177.2 (a). Therefore, outstanding restitution issues should not be used as a legal criteria for preventing a PRCS case from transferring supervision cases out of California

