Law Change: AB 1228 and violations of supervision

AB 1228 changes the rules for releasing people who are being supervised by the criminal justice system (probation, MS, PRCS, parole) and have been arrested for suspected violations of their supervision. The new law requires the court to release these individuals on their own recognizance (O.R.) pending a revocation hearing, unless the court finds clear and convincing evidence that conditions of release are necessary to protect the public or ensure the person’s appearance in court.

If the court decides to order monetary bail, they must consider the person’s ability to pay and set bail at an amount that the person can reasonably afford. The court is also prohibited from making the supervised person pay for any conditions of their release on their own recognizance.

However, if the person has been accused of a new law violation, the court can still hold them in custody or set bail. This law aims to ensure that people are not held in custody or burdened with excessive bail amounts for minor probation violations, while still protecting public safety and ensuring that they will show up in court.