Bill Text: CA SB171 | 2015-2016 | Regular Session | Amended

California Senate Bill 171 (Prior Session Legislation)

Bill Title: County jail inmates: involuntary transfer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB171 Detail]

Download: California-2015-SB171-Amended.html

BILL NUMBER: SB 171	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2015
	AMENDED IN SENATE  MARCH 12, 2015

INTRODUCED BY   Senator Gaines

                        FEBRUARY 5, 2015

   An act to amend Section 4004 of, and to add Section 4004.6 to, the
Penal Code, relating to imprisonment, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 171, as amended, Gaines. County jail inmates: involuntary
transfer.
   Existing law requires a prisoner who is committed to a county jail
to be actually confined until legally discharged. Existing law
authorizes a sheriff, if facilities are no longer available in a
county jail due to crowded conditions, to transfer a person committed
to a county jail upon conviction for a public offense to facilities
that are available in a city jail.
   This bill would authorize the sheriff of a county, if the county
jail is over 80%  capacity,   capacity, and with
the approval of the county board of supervisors,  to contract
with any state, county, or private jail or prison system in the
United States for the confinement of inmates on behalf of the county
and to transfer inmates to those facilities, with or without the
inmate's permission. The bill would authorize the county to submit an
invoice, and the Department of Corrections and Rehabilitation to
pay, for the actual cost of housing and transportation of transferred
inmates. The bill would appropriate an unspecified amount from the
General Fund to the Department of Corrections and Rehabilitation for
these purposes.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4004 of the Penal Code is amended to read:
   4004.  (a) A person committed to a county jail for examination, or
upon conviction for a public offense, shall be actually confined in
the jail until legally discharged. If the prisoner is permitted to go
at large out of the jail, except by virtue of a legal order or
process, it is an escape. However, during the pendency of a criminal
proceeding, the court before which that proceeding is pending may
make a legal order, with good cause, for the removal of the prisoner
from that county jail in custody of the sheriff. In courts with a
marshal, the marshal shall maintain custody of the prisoner while the
prisoner is in the court facility pursuant to the court order. The
superior court of a county may make a legal order, with good cause,
for the removal of prisoners confined in a county jail, after
conviction, in the custody of the sheriff.
   (b) If facilities are no longer available in a county jail due to
crowded conditions, the sheriff may transfer a person committed to
that county jail upon conviction for a public offense to facilities
that are available in a city jail, as provided for in Section 4004.5,
or to another facility as provided in Section 4004.6.
  SEC. 2.  Section 4004.6 is added to the Penal Code, to read:
   4004.6.  (a)  The   With the approval of the
county board of supervisors, the  sheriff of a county may, if
the county jail is over 80 percent capacity, contract with any state,
county, or private jail or prison system in the United States for
the confinement of inmates on behalf of the county.
   (b) The sheriff may transfer any person committed to the county
jail upon conviction for a public offense to a facility with which
the county has a contract, pursuant to subdivision (a), with or
without the inmate's consent. Transfers shall be at the discretion of
the county sheriff.
   (c) The county may submit to the Department of Corrections and
Rehabilitation an invoice showing the actual cost of housing and
transportation of the inmates, including, but not limited to,
personnel costs. The department shall reimburse the county for all
costs incurred to house and transport inmates who are relocated
pursuant to this section.
  SEC. 3.  The amount of ____ dollars ($____) is hereby appropriated
from the General Fund to the Department of Corrections and
Rehabilitation to pay the cost of housing and transportation of
inmates incurred pursuant to Section 4004.6 of the Penal Code.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to preserve the safety of the people of California by
preventing early release of county jail inmates, it is necessary for
this measure to take effect immediately.