Levine Legislation on Flash Incarceration Signed by Governor

For immediate release:

(SACRAMENTO, CA) - Governor Gavin Newsom signed AB 1744 by Assemblymember Marc Levine (D - Marin County) which extends the authorization to use flash incarceration. Currently, the authorization to use flash incarceration expires in 2023, AB 1744 extends its use until January 1, 2028.

Flash incarceration is a detention of up to ten days in a county jail and is imposed for violations of an individual's probation or mandatory supervision. It is an important tool for accountability and deterrence, while promoting greater engagement in rehabilitative services and support. Without flash incarceration, individuals would be subject to lengthy revocation hearings and up to 180 days in custody.

AB 1744 extends the sunset on the authority for probation departments to grant flash incarceration to January 1, 2028. This law still allows individuals to decline flash incarceration and request a court revocation hearing. It also maintains existing protections, such as prohibiting the court from denying probation, as well as requirements to notify courts upon the imposition of flash incarceration.

“AB 1744 is an important tool for accountability”, said Assemblymember Marc Levine. “This bill strikes a balance of making sure that individuals are held accountable while focusing on shorter disruptions to their lives and promoting rehabilitative services.”

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