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

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-Amended.html

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BILL NUMBER: SB 171	AMENDED
	BILL TEXT

	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  prisons. 
 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, 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.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee:  no
  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  prisoner 
 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  appearing
therefor  , 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
 appearing therefor  , for the removal of prisoners
confined in a county jail, after conviction, in the custody of the
sheriff. 
    If 
    (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. 
 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 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.