BILL NUMBER: SB 983	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Strickland

                        JANUARY 30, 2012

   An act to amend Section 11194.5 of the Penal Code, relating to
county jails.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 983, as introduced, Strickland. County prisoners: interstate
compacts.
   Existing law authorizes the sheriff of a county adjacent to
another state, at the request of the county board of supervisors, to
negotiate and contract with the appropriate officials of the adjacent
state for the confinement of county jail prisoners in corresponding
facilities located in the adjacent state, subject to specified
conditions, including that the State of California has executed a
compact with the other state. Existing law prohibits a prisoner from
being transferred to an institution outside of this state unless he
or she has executed a written consent to the transfer.
   This bill would instead authorize the board of supervisors of any
county, rather than the sheriff, to negotiate and enter into a
contract with the officials of any other state for the confinement of
county jail prisoners in corresponding facilities located in the
other state, as specified. The bill would also remove the requirement
of the inmate's written consent to transfer.
   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 11194.5 of the Penal Code is amended to read:
   11194.5.  (a)  At the request of the   The
 board of supervisors of  any   a 
county  that is adjacent to another state, the county sheriff
shall   may  negotiate  and enter into 
with the appropriate officials of the  adjacent 
 other  state  to   a  contract
 ,  pursuant to the authority of Article III of a compact
executed under Section 11189 or 11190  ,  for the
confinement of county jail prisoners in corresponding facilities
located in the  adjacent   other  state.
The  sheriff   board  shall determine that
the corresponding facilities are a suitable place of confinement of
prisoners submitted to  his or her   the county'
s  custody and shall  ,  at least annually  , 
redetermine the suitability as a precondition to  any
  a  contract under this section. In determining
the suitability of the facilities of the other states, the 
sheriff  board  shall assure  himself or
herself   itself  that  it  
the facility in the other state  maintains standards of care and
discipline not incompatible with those of this state and that all
inmates therein are treated equally, regardless of race, religion,
color, creed, or national origin. 
   (b) With the approval of the board of supervisors including
agreement as to terms for payments to be made for prisoner
maintenance and expenses, the county sheriff may enter into a
contract negotiated under subdivision (a).  
   (c) No prisoner may be transferred to an institution outside of
this state under this section unless he or she has executed a written
consent to the transfer.  
   (d) 
    (b)   Any   A  person who was
sent to another state from a county under the authority of this
section shall be released within the territory of the county unless
the person, the sheriff of the sending county, and the corresponding
official or agency of the other state  shall  agree
upon release in another place. The county shall bear the cost of
transporting the person to the place of release.