Bill Text: CA AB1393 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 1393	AMENDED
	BILL TEXT

	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  add Section 19846.5 to the Government Code,
relating to employment.   amend Section 4007 of the
Penal Code, relating to county jails. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1393, as amended, Perea.  Employment.  
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.  
   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.  
   Existing law provides that if an employer discharges an employee,
the wages earned and unpaid at the time of discharge are due and
payable immediately, as specified. Existing law also provides that,
unless otherwise provided for by a collective bargaining agreement,
if an employment contract or policy provides for paid vacations, and
an employee is terminated, the employer must pay the employee for the
employee's unused vested vacation time, as specified. 

   This bill would provide that, notwithstanding any other law, if
the Franchise Tax Board determines there is a lack of work for a
seasonal clerk employed by the board, the board may (1) pay the clerk
a lump-sum payment for accumulated vacation or annual leave credit,
(2) by mutual agreement between the board and the clerk, schedule the
clerk for vacation or annual leave, (3) allow the clerk to retain
his or her vacation or annual leave credit, or (4) effect any
combination of the above. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4007 of the   Penal
Code   is amended to read: 
   4007.   (a)    When there is no jail in the
county,  or  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. 
   When 
    (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  Director of Corrections
  Secretary of the Department of Corrections and
Rehabilitation  of that fact in writing. 
    When 
    (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  Director of
Corrections   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.

    The 
   (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. 
    When 
    (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  Director of Corrections  
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.  
  SECTION 1.    Section 19846.5 is added to the
Government Code, to read:
   19846.5.  Notwithstanding any other provision of law, including
Section 201 of the Labor Code, if the Franchise Tax Board determines
that there is a lack of work for a seasonal clerk employed by the
board, the board may, without permanent separation of the clerk, do
any of the following:
   (a) Pay the clerk in a lump-sum payment for accumulated vacation
or annual leave credit.
   (b) By mutual agreement between the board and the clerk, schedule
the clerk for vacation or annual leave.
   (c) Allow the clerk to retain his or her vacation or annual leave
credit.
   (d) Effect a combination of any or all of the actions described in
subdivisions (a) to (c), inclusive.