AB 1512, as introduced, Stone. Corrections: inmate transfers.
Existing law, until July 1, 2015, authorizes the board of supervisors of a county, where, in the opinion of the county sheriff or the director of the county department of corrections, adequate facilities are not available for prisoners, to enter into an agreement with any other county whose county adult detention facilities are adequate for and accessible to the first county and requires the concurrence of the receiving county’s sheriff or the director of the county department of corrections. Existing law also requires a county entering into a transfer agreement with another county to report annually to the Board of State and Community Corrections on the number of offenders who otherwise would be under that county’s jurisdiction but who are now being housed in another county’s facility and the reason for needing to house the offenders outside the county.
This bill would extend the operation of those provisions until July 1, 2020.
Existing law, operative July 1, 2015, authorizes a county where adequate facilities are not available for prisoners who would otherwise be confined in its county adult detention facilities to enter into an agreement with the board or boards of supervisors of one or more nearby counties whose county adult detention facilities are adequate for, and are readily accessible from, the first county for the commitment of misdemeanants and persons required to serve a term of imprisonment in a county adult detention facility as a condition of probation in jail in a county that is party to the agreement. Existing law, operative July 1, 2015, requires these agreements to provide for the support of a person so committed or transferred by the county from which he or she is committed.
This bill would provide that those provisions become operative July 1, 2020.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4115.5 of the Penal Code, as amended
2by Section 72 of Chapter 41 of the Statutes of 2012, is amended
3to read:
(a) The board of supervisors of a county where, in the
5opinion of the sheriff or the director of the county department of
6corrections, adequate facilities are not available for prisoners who
7would otherwise be confined in its county adult detention facilities
8may enter into an agreement with the board or boards of
9supervisors of one or more counties whose county adult detention
10facilities are adequate for and accessible to the first county, with
11the concurrence of that county’s sheriff or director of its county
12department of corrections. When the agreement is in effect,
13commitments may be made by the court.
14(b) A county entering into an agreement with another county
15pursuant to subdivision (a) shall report annually to the Board of
16State and Community Corrections on
the number of offenders who
17otherwise would be under that county’s jurisdiction but who are
18now being housed in another county’s facility pursuant to
19subdivision (a) and the reason for needing to house the offenders
20outside the county.
21(c) This section shall become inoperative on July 1,begin delete 2015end deletebegin insert 2020end insert,
22and, as of January 1,begin delete 2016end deletebegin insert 2021end insert, is repealed, unless a later enacted
23statute, that becomes operative on or before January 1,begin delete 2016end deletebegin insert
2021end insert,
24deletes or extends the dates on which it becomes inoperative and
25is repealed.
Section 4115.5 of the Penal Code, as added by Section
273 of Chapter 41 of the Statutes of 2012, is amended to read:
(a) The board of supervisors of a county where
4adequate facilities are not available for prisoners who would
5otherwise be confined in its county adult detention facilities may
6enter into an agreement with the board or boards of supervisors of
7one or more nearby counties whose county adult detention facilities
8are adequate and are readily accessible from the first county,
9permitting commitment of misdemeanants, and any persons
10required to serve a term of imprisonment in county adult detention
11facilities as a condition of probation, to a jail in a county having
12adequate facilities that is a party to the agreement. That agreement
13shall make provision for the support of a person so committed or
14transferred by the county from which he or she is committed. When
15that agreement is in effect, commitments may be made by the court
16and
support of a person so committed shall be a charge upon the
17county from which he or she is committed.
18(b) This section shall become operative on July 1,begin delete 2015end deletebegin insert 2020end insert.
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