BILL NUMBER: AB 1384 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Miller
FEBRUARY 27, 2009
An act to amend Section 4002 of the Penal Code, relating to jails.
LEGISLATIVE COUNSEL'S DIGEST
AB 1384, as introduced, Miller. Jails.
Existing law establishes various criteria for segregating and
classifying prisoners in county jails for specified purposes.
This bill would make a technical, nonsubstantive change to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1384, as introduced, Miller. Jails.
Existing law establishes various criteria for segregating and
classifying prisoners in county jails for specified purposes.
This bill would make a technical, nonsubstantive change to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1384, as introduced, Miller. Jails.
Existing law establishes various criteria for segregating and
classifying prisoners in county jails for specified purposes.
This bill would make a technical, nonsubstantive change to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1384, as introduced, Miller. Jails.
Existing law establishes various criteria for segregating and
classifying prisoners in county jails for specified purposes.
This bill would make a technical, nonsubstantive change 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 4002 of the Penal Code is amended to read:
4002. (a) Persons committed on criminal process and detained for
trial, persons convicted and under sentence, and persons committed
upon civil process, shall not be kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged sexually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed with
inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male prisoners and
female prisoners in the same or an adjoining facility or impose any
duty upon a county to establish or maintain programs which involve
the joint participation of male and female prisoners.
SECTION 1. Section 4002 of the Penal Code is amended to read:
4002. (a) Persons committed on criminal process and detained for
trial, persons convicted and under sentence, and persons committed
upon civil process, shall not be kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged sexually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed with
inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male prisoners and
female prisoners in the same or an adjoining facility or impose any
duty upon a county to establish or maintain programs which involve
the joint participation of male and female prisoners.
SECTION 1. Section 4002 of the Penal Code is amended to read:
4002. (a) Persons committed on criminal process and detained for
trial, persons convicted and under sentence, and persons committed
upon civil process, shall not be kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged sexually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed with
inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male prisoners and
female prisoners in the same or an adjoining facility or impose any
duty upon a county to establish or maintain programs which involve
the joint participation of male and female prisoners.
SECTION 1. Section 4002 of the Penal Code is amended to read:
4002. (a) Persons committed on criminal process and detained for
trial, persons convicted and under sentence, and persons committed
upon civil process, shall not be kept or put in the same room, nor
shall male and female prisoners, except husband and wife, sleep,
dress or undress, bathe, or perform eliminatory functions in the same
room. However, persons committed on criminal process and detained
for trial may be kept or put in the same room with persons convicted
and under sentence for the purpose of participating in supervised
activities and for the purpose of housing, provided, that the housing
occurs as a result of a classification procedure that is based upon
objective criteria, including consideration of criminal
sophistication, seriousness of crime charged, presence or absence of
assaultive behavior, age, and other criteria that will provide for
the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually
violent predator laws shall be held in administrative segregation.
For purposes of this subdivision, administrative segregation means
separate and secure housing that does not involve any deprivation of
privileges other than what is necessary to protect the inmates and
staff. Consistent with Section 1610, to the extent possible, the
person shall continue in his or her course of treatment, if any. An
alleged sexually violent predator held pending civil process may
waive placement in secure housing by petitioning the court for a
waiver. In order to grant the waiver, the court must find that the
waiver is voluntary and intelligent, and that granting the waiver
would not interfere with any treatment programming for the person
requesting the waiver. A person granted a waiver shall be placed with
inmates charged with similar offenses or with similar criminal
histories, based on the objective criteria set forth in subdivision
(a).
(c) Nothing in this section shall be construed to impose any
requirement upon a county to confine male prisoners and
female prisoners in the same or an adjoining facility or impose any
duty upon a county to establish or maintain programs which involve
the joint participation of male and female prisoners.