Bill Text: CA AB1393 | 2011-2012 | Regular Session | Amended
Bill Title: Fresno County jails: overcrowding: transfer to
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-06-26 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1393 Detail]
Download: California-2011-AB1393-Amended.html
BILL NUMBER: AB 1393 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2012
AMENDED IN SENATE APRIL 24, 2012
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN ASSEMBLY APRIL 7, 2011
INTRODUCED BY Assembly Member Perea
FEBRUARY 28, 2011
An act to amend Section 4007 of to add
Section 4007.5 to the Penal Code, relating to county jails.
LEGISLATIVE COUNSEL'S DIGEST
AB 1393, as amended, Perea. Fresno County jails:
overcrowding: transfer to contiguous counties.
Existing law authorizes a superior court judge to designate the
jail of a contiguous county for the confinement of a prisoner of his
or her county when there is no jail in the county or when a county
jail becomes unfit or unsafe for the confinement of prisoners.
This bill would authorize a superior court judge to
designate the jail of a contiguous county for the confinement of a
prisoner of his or her county when a jail is required to release
prisoners due to overcrowding as a result of a federal consent decree
or other legal mandate a local law enforcement agency
within the County of Fresno to transfer (1) prior to booking, a
person who is under arrest and in the custody of that
agency, or (2) upon a person's scheduled release from the Fresno
County Jail due to overcrowding, he or she has been identified by the
arresting agency as being at a high risk to reoffend, and he or she
is the subject of a formal request from the arresting agency for
notification prior to release. The bill would require, prior to any
transfer, the governing bodies of the local law enforcement agency
seeking the transfer and the receiving jail facility to enter into a
written agreement governing the terms of the booking, housing, and
transportation of transfer ees. The bill would provide
that the County of Fresno, including its officers and employees,
shall not be responsible for any costs, claims, or liability of any
kind associated with or resulting from carrying out these provisions
at the time of transfer, unless the Fresno County Sheriff's Office is
the transferring agency and that all costs, claims, and liability
would be the responsibility of the transferring .
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Fresno.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4007.5 is added to the
Penal Code , to read:
4007.5. (a) A local law enforcement agency in the County of
Fresno, after consultation with the sheriff or the Fresno County
Sheriff's Office, may transfer to the jail facility of a contiguous
county a person who comes within either of the following
descriptions:
(1) Prior to booking, the person is under arrest and in the
custody of that local law enforcement agency.
(2) Upon a person's scheduled release from the Fresno County Jail
due to overcrowding, he or she has been identified by the arresting
agency as being at a high risk to reoffend, and he or she is the
subject of a formal request from the arresting agency for
notification prior to release.
(b) Prior to any transfer described in subdivision (a), the
governing bodies of the local law enforcement agency seeking the
transfer and the receiving jail facility shall enter into a written
agreement governing the terms of the booking, housing, and
transportation of transferees, including the maximum number of
transferees that will be accepted at any given time and any
conditions that would limit this number. Notwithstanding any other
law, unless the Fresno County Sheriff's Office is the transferring
agency, the County of Fresno, including its officers and employees,
shall not be responsible for any costs, claims, or liability of any
kind associated with or resulting from carrying out the provisions of
this section at the time of transfer, including, but not limited to,
transportation, housing, food, clothing, dental, medical, or mental
health care for the person arrested. All costs, claims, and liability
shall be the responsibility of the local law enforcement agency that
transfers the person.
(c) Nothing in this section applies to or affects the law
governing criminal justice realignment as enacted by Chapter 15 of
the Statutes of 2011, and subsequent amendments thereto.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique safety issues relating
to the release of prisoners prior to sentencing in the County of
Fresno.
SECTION 1. Section 4007 of the Penal Code is
amended to read:
4007. (a) When there is no jail in the county, when the jail
becomes unfit or unsafe for the confinement of prisoners, or when a
jail is required to release prisoners due to overcrowding as a result
of a federal consent decree or other legal mandate, the judge of the
superior court may, by a written order filed with the clerk of the
court, designate the jail of a contiguous county for the confinement
of any prisoner of his or her county, and may at any time modify or
vacate the order.
(b) When there are reasonable grounds to believe that a prisoner
may be forcibly removed from a county jail, the sheriff may remove
the prisoner to any California state prison for safekeeping and it is
the duty of the warden of the prison to accept and detain the
prisoner in his or her custody until his or her removal is ordered by
the superior court of the county from which he or she was delivered.
Immediately upon receiving the prisoner the warden shall advise the
Secretary of the Department of Corrections and Rehabilitation of that
fact in writing.
(c) When a county prisoner requires medical treatment
necessitating hospitalization which cannot be provided at the county
jail or county hospital because of lack of adequate detention
facilities, and when the prisoner also presents a serious custodial
problem because of his or her past or present behavior, the judge of
the superior court may, on the request of the county sheriff and with
the consent of the Secretary of the Department of Corrections and
Rehabilitation, designate by written order the nearest state prison
or correctional facility which would be able to provide the necessary
medical treatment and secure confinement of the prisoner. The
written order of the judge shall be filed with the clerk of the
court. The court shall immediately calendar the matter for a hearing
to determine whether the order shall continue or be rescinded. The
hearing shall be held within 48 hours of the initial order or the
next judicial day, whichever occurs later. The prisoner shall not be
transferred to the state prison or correctional facility prior to the
hearing, except upon a determination by the physician responsible
for the prisoner's health care that a medical emergency exists which
requires the transfer of the prisoner to the state prison or
correctional facility prior to the hearing. The prisoner shall be
entitled to be present at the hearing and to be represented by
counsel. The prisoner may waive his or her right to this hearing in
writing at any time. If the prisoner waives his or her right to the
hearing, the county sheriff shall notify the prisoner's attorney of
the transfer within 48 hours, or the next business day, whichever is
later. The court may modify or vacate the order at any time.
(d) The rate of compensation for the prisoner's medical treatment
and confinement within a California state prison or correctional
facility shall be established by the Department of Corrections and
Rehabilitation, and shall be charged against the county making the
request.
(e) When there are reasonable grounds to believe that there is a
prisoner in a county jail who is likely to be a threat to other
persons in the facility or who is likely to cause substantial damage
to the facility, the judge of the superior court may, on the request
of the county sheriff and with the consent of the Secretary of the
Department of Corrections and Rehabilitation, designate by written
order the nearest state prison or correctional facility which would
be able to secure confinement of the prisoner, subject to space
available. The written order of the judge must be filed with the
clerk of the court. The court shall immediately calendar the matter
for a hearing to determine whether the order shall continue or be
rescinded. The hearing shall be held within 48 hours of the initial
order or the next judicial day, whichever occurs later. The prisoner
shall be entitled to be present at the hearing and to be represented
by counsel. The court may modify or vacate that order at any time.
The rate of compensation for the prisoner's confinement within a
California state prison or correctional facility shall be established
by the Department of Corrections and Rehabilitation and shall be
charged against the county making the request.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
