AB 610, as introduced, Achadjian. Prisoners: detention costs.
Existing law requires that a city or county be reimbursed by the Department of Corrections and Rehabilitation for costs incurred resulting from the detention of a state prisoner or a person sentenced or referred to the state prison when the detention meets specified conditions, including that the detention results from a new commitment and the department is unable to accept delivery of the prisoner.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4016.5 of the Penal Code is amended to
2read:
A city or county shall be reimbursed by the Department
4of Corrections and Rehabilitation for costs incurred resulting from
5the detention of a state prisoner or a person sentenced or referred
6to the state prison when the detention meets any of the following
7conditions:
P2 1(a) (1) The detention results from a new commitment, or a
2referral pursuant to Section 1203.03, once the abstract of judgment
3has beenbegin delete completed,end deletebegin insert completed;end insert the department’s intake control
4unit has been notified by the county that the prisoner is ready to
5be transported pursuant to Sectionbegin delete 1216,end deletebegin insert
1216;end insert
and the department
6is unable to accept delivery of the prisoner. The reimbursement
7shall be provided for each day starting on the day following the
8fifth working day after the date of notification by the county, if
9the prisoner remains ready to be delivered and the department is
10unable to receive the prisoner. If a county delivers or attempts to
11deliver a person to the department without the prior notification
12required by this paragraph, the date of the delivery or attempted
13delivery shall be recognized as the notification date pursuant to
14this paragraph. The notification and verification required by the
15county for prisoners ready to be transported, and reimbursement
16provided to the county for prisoners that the department is unable
17to receive, shall be made pursuant to procedures established by
18the department.
19(2) A city or county shall be reimbursed by the department from
20funds appropriated in Item 5240-001-0001 of the annual
Budget
21Act for costs incurred pursuant to this subdivision.
22(3) The reimbursement required by this section shall be
23expended for maintenance, upkeep, and improvement of jail
24conditions, facilities, and services. Before the county is reimbursed
25by the department, the total amount of all charges against that
26county authorized by law for services rendered by the department
27shall be first deducted from the gross amount of reimbursement
28authorized by this section. The net reimbursement shall be
29calculated and paid monthly by the department. The department
30shall withhold all or part of the net reimbursement to a county
31whose jail facility or facilities do not conform to minimum
32standards for local detention facilitiesbegin insert,end insert
as authorized by Section
336030begin insert,end insert only if the county is failing to make reasonable efforts to
34correct differences, with consideration given to the resources
35available for those purposes.
36(4) “Costs incurred resulting from the detention,” as used in this
37section, shall include the same cost factors as are utilized by the
38Department of Corrections and Rehabilitation in determining the
39cost of prisoner care in state correctional facilities.
P3 1(b) No city, county, or other jurisdiction may file, and the state
2may not reimburse, a claim pursuant to this section that is presented
3to the Department of Corrections and Rehabilitation or to any other
4agency or department of the state more than six months after the
5close of the month in which the costs were incurred.
6(c) The changes to this section made by the act that added this
7subdivision shall be effective on October 1, 2011.
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