BILL NUMBER: AB 175 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Donnelly
JANUARY 24, 2011
An act to amend and repeal Section 11191 of the Penal Code,
relating to inmates, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 175, as introduced, Donnelly. Inmates: transfers.
Existing law, operative until July 1, 2011, or until the
Department of Corrections and Rehabilitation has replaced temporary
beds, as defined, authorizes any court, agency, or officer having
power to commit or transfer an inmate, to any institution for
confinement, to commit or transfer that inmate to any institution
within or without this state if this state has contracted for the
confinement of inmates in that institution pursuant to one of 2
specified compacts. Existing law provides that at any time more than
5 years after the transfer, the inmate shall be entitled to revoke
consent and to transfer to an institution in this state. Existing law
prohibits the transfer or commitment of an inmate with serious
medical or mental health conditions, as determined by the Plata
Receiver, or an inmate in the mental health delivery system, as
specified, to an institution outside of this state unless he or she
has executed a written consent to the transfer.
This bill would remove the inmate's right to revoke his or her
consent and make other conforming changes. The bill would delete the
sunset date on existing law and make the above provision operative
indefinitely.
Existing law, operative on July 1, 2011, or at such time that the
department has replaced temporary beds, in addition to the provisions
operative until July 1, 2011, prohibits inmates to be committed or
transferred to an institution outside this state unless he or she has
executed a written consent to the transfer and omits the provision
above regarding inmates with medical conditions.
This bill would repeal the provision that becomes operative on
July 1, 2011.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11191 of the Penal Code, as amended by Section
25 of Chapter 7 of the Statutes of 2007, is amended to read:
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact. The inmate shall have the
right to a private consultation with an attorney of his or her
choice, or with a public defender if the inmate cannot afford
counsel, concerning his or her rights and obligations
under this section, and shall be informed of those rights
prior to executing the written consent. At any time more than five
years after the transfer, the inmate shall be entitled to revoke his
consent and to transfer to an institution in this state. In which
case, the transfer shall occur within the next 30 days .
(b) Notwithstanding subdivision (a), no inmate with serious
medical or mental health conditions, as determined by the Plata
Receiver, or an inmate in the mental health delivery system at the
Enhanced Outpatient Program level of care or higher may be committed
or transferred to an institution outside of this state unless he
or she has executed a written consent to the transfer.
(c) This section shall remain in effect only until July 1, 2011,
or until such time as the Department of Corrections and
Rehabilitation has replaced "temporary beds," as defined in paragraph
(3) of subdivision (a) of Section 15819.34 of the Government Code,
whichever is sooner, and as of January 1, 2012, shall be repealed,
unless a later enacted statute deletes or extends that date.
SEC. 2. Section 11191 of the Penal Code, as added by Section 26 of
Chapter 7 of the Statutes of 2007, is repealed.
11191. (a) Any court or other agency or officer of this state
having power to commit or transfer an inmate (as defined in Article
II (d) of the Interstate Corrections Compact or of the Western
Interstate Corrections Compact) to any institution for confinement
may commit or transfer that inmate to any institution within or
without this state if this state has entered into a contract or
contracts for the confinement of inmates in that institution pursuant
to Article III of the Interstate Corrections Compact or of the
Western Interstate Corrections Compact, but no inmate sentenced under
California law may be committed or transferred to an institution
outside of this state, unless he or she has executed a written
consent to the transfer. The inmate shall have the right to a private
consultation with an attorney of his choice, or with a public
defender if the inmate cannot afford counsel, concerning his rights
and obligations under this section, and shall be informed of those
rights prior to executing the written consent. At any time more than
five years after the transfer, the inmate shall be entitled to revoke
his consent and to transfer to an institution in this state. In such
cases, the transfer shall occur within the next 30 days.
(b) This section shall become operative on July 1, 2011, or at
such time as the Department of Corrections and Rehabilitation has
replaced "temporary beds," as defined in paragraph (3) of subdivision
(a) of Section 15819.34 of the Government Code, whichever is sooner.
SEC. 3. 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 facilitate the use of commitments and transfers of
inmates to institutions outside those managed by the Department of
Corrections and Rehabilitation, thereby alleviating the state's
overcrowding crisis, it is necessary that this act take effect
immediately.