CRM-292 (New 2/17) ACKNOWLEDGMENT/WAIVER OF THE RIGHT TO A HEARING Pen. Code § 1203.35(a)(1)
Mandatory Form “FLASH INCARCERATION”
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101
CENTRAL DIVISION, COUNTY COURTHOUSE, 220 W. BROADWAY, SAN DIEGO, CA 92101
EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020
NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081
SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910
PEOPLE OF THE STATE OF CALIFORNIA
ACKNOWLEDGMENT/WAIVER OF THE RIGHT TO A HEARING
“FLASH INCARCERATION”
Acknowledgment
I, (defendant’s full name), hereby acknowledge (initial and sign below as
appropriate):
1. If the court grants probation or imposes a sentence that includes a period of mandatory supervision in my
case, I understand I have the right to a hearing before a judge on whether I have violated one or more conditions of my
probation or mandatory supervision.
2. I understand I may freely and voluntarily waive and give up my right to a hearing before a judge on whether I
violated one or more conditions of my probation or mandatory supervision.
3. I understand that if I give up my right to hearing before a judge on whether I violated one or more conditions
of my probation or mandatory supervision, the county probation department is authorized to use “flash incarceration,” a
detention period between one and 10 consecutive days, for any violation of the conditions of probation or mandatory
supervision.
4. I understand that if I do not agree to accept a recommended period of flash incarceration, upon a
determination by the probation department that there has been a violation, the probation department is authorized to
address the alleged violation by filing a declaration or revocation request with the court.
5. I understand that the court cannot deny probation simply because I exercise my right to not sign this waiver.
6. (If represented by counsel) I have reviewed this form with my attorney before initialing and signing, and I fully
understand the contents thereof.
Waiver
I hereby waive and give up my right to a hearing before a judge on an alleged violation of one or more conditions
of my probation or mandatory supervision, and agree that the probation department may impose a period of flash
incarceration for a period of one to 10 consecutive days.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Defendant
Date:
Attorney for Defendant
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