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Flash Incarceration Constitutes A 'Custodial Sanction,' Panel Tentatively Rules

Publication Date: 2014-10-24
Source: Daily Journal

Professor Robert Weisberg weighs in on the debate over allowing flash incarceration to protract supervision, and how it's a separate from the "question on whether flash incarceration is constitutional."

An appeals court has tentatively held that the concept of "flash incarceration" - an immediate and short return to jail for up to 10 days following a county supervision violation - is a "custodial sanction" and automatically extends a defendant's supervision period by an extra year.

Siding with the San Bernardino County district attorney's office, the 4th District Court of Appeal said the statute governing post-release community supervision defendants is unambiguous and the trial court's conclusion that flash incarceration is not a custodial sanction is indefensible.


The justices have found "there's no unconstitutionality in allowing flash incarceration to protract supervision," said Professor Robert Weisberg of Stanford Law School. "And that's separate from the question whether flash incarceration is constitutional."

More News from Stanford Criminal Justice Center (SCJC)