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

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

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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-Introduced.html

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BILL NUMBER: SB 171	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Gaines

                        FEBRUARY 5, 2015

   An act to amend Section 4004 of the Penal Code, relating to
prisons.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 171, as introduced, 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 make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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 prisoner committed to  the   a 
county jail for examination, or upon conviction for a public
offense,  must   shall  be actually
confined in the jail until legally  discharged; and if
  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; provided, however, that during
  escape. However, during  the pendency of a
criminal proceeding, the court before which  said 
 that proceeding is pending may make a legal order, good
cause appearing therefor, for the removal of the prisoner from
 the   that  county jail in custody of the
sheriff. In courts  where there is   with 
a marshal, the marshal shall maintain custody of  such
  the  prisoner while the prisoner is in the court
facility pursuant to  such   the  court
order. The superior court of  the   a
county may make a legal order, good cause appearing therefor, for the
removal of prisoners confined in  the   a 
county jail, after conviction, in the custody of the sheriff.
   If facilities are no longer available in  the 
 a  county jail due to crowded conditions,  a
  the  sheriff may transfer a person committed to
 the   that  county jail upon conviction
for a public offense to facilities  which   that
 are available in  the   a  city
jail, as provided for in Section 4004.5.