BILL NUMBER: AB 1384	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 27, 2009

    An act to amend Section 4002 of the Penal Code, relating
to jails.   An act to amend Section 41964 of the Health
and Safety Code, relating to air pollution. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1384, as amended, Miller.  Jails.  
Gasoline: vapor recovery systems.  
   Existing law requires the State Air Resources Board to adopt
procedures for determining the compliance of any system designed for
the control of gasoline vapor emissions during gasoline marketing
operations, including storage and transfer operations, and additional
performance standards to ensure that systems for the control of
gasoline vapors from motor vehicle fueling operations do not cause
excessive spillage and emissions. Existing law prohibits the state
board from requiring a gasoline dispensing facility that meets
certain requirements from undergoing an Enhanced Vapor Recovery Phase
II upgrade until April 1, 2011. Regulations adopted by the state
board require an Enhanced Vapor Recovery Phase II upgrade by April 1,
2009, as provided.  
   This bill would prohibit the state board from requiring a gasoline
dispensing facility owned or operated by a local government that
does not meet these requirements from undergoing an Enhanced Vapor
Recovery Phase II upgrade until April 1, 2010.  
   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
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 41964 of the   Health
and Safety Code   is amended to read: 
   41964.   (a)    The state board shall not
require a gasoline dispensing facility that meets all of the
following requirements to undergo an Enhanced Vapor Recovery Phase II
upgrade until April 1, 2011: 
   (a) 
    (1)  As of January 1, 2009, have installed a state board
certified Phase II vapor recovery system. 
   (b) 
    (2)  Have an annual gasoline throughput of 240,000
gallons or less. 
   (c) 
    (3)  Operate in a county that has a population of less
than 100,000. 
   (d) 
    (4)  Operate in a basin not classified as nonattainment
for ozone. 
   (b) The state board shall not require a gasoline dispensing
facility owned or operated by a local government that does not meet
all of the requirements of subdivision (a) to undergo an Enhanced
Vapor Recovery Phase II upgrade until April 1, 2010.  
  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.