What is Post Release Community Supervision (PRCS)?

Many older callers to our office have not heard of Post Release Community Supervision (PRCS). They are only familiar with parole and probation. This article is for such callers and those who also do not know what PRCS is and how it works.

People who are incarcerated in California Department of Corrections and Rehabilitation (CDCR) prisons who have certain case factors are placed on parole when they are released from custody. All other people in CDCR prisons are placed on PRCS and supervised by the probation department for the county to which they are released. The CDCR must provide identifying information, registration status, and information about any mental health, medical, and disability needs to the probation department in the county that will supervise the PRCS term.

A person released from prison on PRCS must report to the supervising county agency within two working days after being released from CDCR custody. Penal Code § 3453(c). Prior to release, the CDCR staff must notify the person of where and when they must report. Penal Code § 3451(c).

PRCS is governed by many different statutes than parole. However, many laws and policies apply to both parole and PRCS including the provision of gate money on first release from the CDCR, the possibility of transferring supervision to another state, and drug diversion for some PRCS violations. In addition, many of the rights and policies governing parole are applicable to people on PRCS, including the constitutional limits on what conditions can be imposed. For example, many of the standard conditions of PRCS are the same as for parole, including complying with all laws, submitting to searches without a warrant, keeping the probation officer informed of one’s residence location (and changes thereto) and employment locations, not possessing weapons, and getting permission before traveling more than 50 miles from the residence. Penal Code § 3453.

PRCS supervisors can impose additional special PRCS conditions including such conditions as requiring GPS monitoring or participation in rehabilitative programming. Penal Code § 3454(a)-(b). PRCS supervisors can also collect payments toward restitution fines. Penal Code § 2085.6.

PRCS can last for up to three years, however, any time during which a person absconds and is unavailable for supervision does not count toward one’s PRCS period. Penal Code § 3451(a); Penal Code § 3456(b).

A person can have his or her PRCS terminated early if they meet either of the two following criteria:

A person who is eligible for termination after one year is still subject to the PRCS conditions during the 30-day period for processing the discharge, up until the discharge order is made. People v. Young (2016) 247 Cal. App. 4th 972, 203 Cal. Rptr. 3d 153.

A person released from prison will generally be placed on PRCS in the county of their last legal residence prior to going to prison. However, the CDCR can decide to place a person on PRCS in a different county for victim safety concerns or to help the person maintain family ties or participate in work or education. Penal Code § 3003(a)-(c). The law implies that people also may seek permission to transfer to a different county after they are on PRCS. Penal Code § 3456(a)(5).

County probation agents are responsible for investigating and taking action on suspected violations of PRCS conditions. Probation agents can issue a PRCS hold and place a person in custody or can ask the court to issue an arrest warrant for a suspected PRCS violation. Penal Code § 1203.2; Penal Code § 3456(a).

A person on PRCS can either be kept in custody or released while the violation charges are pending, within the discretion of the supervising agency and court. Penal Code § 1203.2(a); Penal Code § 3455(b)-(c).

People on PRCS are not entitled to a probable cause hearing in court, and the probable cause determination may be heard and made by a neutral probation officer. People v. Byron (2016) 246 Cal. App. 4th 1009, 201 Cal. Rptr. 3d 330; People v. Gutierrez (2016) 245 Cal. App. 4th 393, 199 Cal. Rptr. 3d 534.

Counties are supposed to use “intermediate sanctions” rather than PRCS revocation for minor violations of PRCS conditions. Intermediate sanctions include programs like drug treatment, mental health counseling, and job assistance. Penal Code § 3450(b). Intermediate sanctions also include “flash incarceration,” which is an immediate return to jail for a period of up to ten days without a court hearing. Penal Code § 3454(c). People do not earn conduct credits for periods of “flash incarceration.” Penal Code § 4019(i).

If the PRCS supervising agency decides that there is probable cause and that intermediate sanctions are not appropriate, they will file a court petition to revoke and terminate PRCS, along with a report containing information about the suspected violation, history and background factors, and recommendations for the disposition. Penal Code § 3455(a).

A person facing a PRCS revocation has the right to a revocation hearing and to an attorney; the court will appoint an attorney if the person cannot afford one. Penal Code § 1203.2(b)(2).

This article would not be possible without reference to the excellent treatise from the Prison Law Office, California Prison and Parole Law Handbook. We thank them for their excellent work.