BILL NUMBER: AB 610	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 20, 2013

   An act to amend Section 4016.5 of the Penal Code, relating to
prisoners.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 4016.5 of the Penal Code is amended to read:
   4016.5.  A city or county shall 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 any of the following
conditions:
   (a) (1) The detention results from a new commitment, or a referral
pursuant to Section 1203.03, once the abstract of judgment has been
 completed,   completed;  the department's
intake control unit has been notified by the county that the prisoner
is ready to be transported pursuant to Section  1216,
  1216;  and the department is unable to accept
delivery of the prisoner. The reimbursement shall be provided for
each day starting on the day following the fifth working day after
the date of notification by the county, if the prisoner remains ready
to be delivered and the department is unable to receive the
prisoner. If a county delivers or attempts to deliver a person to the
department without the prior notification required by this
paragraph, the date of the delivery or attempted delivery shall be
recognized as the notification date pursuant to this paragraph. The
notification and verification required by the county for prisoners
ready to be transported, and reimbursement provided to the county for
prisoners that the department is unable to receive, shall be made
pursuant to procedures established by the department.
   (2) A city or county shall be reimbursed by the department from
funds appropriated in Item 5240-001-0001 of the annual Budget Act for
costs incurred pursuant to this subdivision.
   (3) The reimbursement required by this section shall be expended
for maintenance, upkeep, and improvement of jail conditions,
facilities, and services. Before the county is reimbursed by the
department, the total amount of all charges against that county
authorized by law for services rendered by the department shall be
first deducted from the gross amount of reimbursement authorized by
this section. The net reimbursement shall be calculated and paid
monthly by the department. The department shall withhold all or part
of the net reimbursement to a county whose jail facility or
facilities do not conform to minimum standards for local detention
facilities  ,  as authorized by Section 6030  , 
only if the county is failing to make reasonable efforts to correct
differences, with consideration given to the resources available for
those purposes.
   (4) "Costs incurred resulting from the detention," as used in this
section, shall include the same cost factors as are utilized by the
Department of Corrections and Rehabilitation in determining the cost
of prisoner care in state correctional facilities.
   (b) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.
   (c) The changes to this section made by the act that added this
subdivision shall be effective on October 1, 2011.