BILL NUMBER: AB 1512	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Stone

                        JANUARY 14, 2014

   An act to amend Section 4115.5 of the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 4115.5 of the Penal Code, as amended by Section
72 of Chapter 41 of the Statutes of 2012, is amended to read:
   4115.5.  (a) The board of supervisors of a county where, in the
opinion of the sheriff or the director of the county department of
corrections, adequate facilities are not available for prisoners who
would otherwise be confined in its county adult detention facilities
may enter into an agreement with the board or boards of supervisors
of one or more counties whose county adult detention facilities are
adequate for and accessible to the first county, with the concurrence
of that county's sheriff or director of its county department of
corrections. When the agreement is in effect, commitments may be made
by the court.
   (b) A county entering into an agreement with another county
pursuant to subdivision (a) shall 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 pursuant to subdivision (a)
and the reason for needing to house the offenders outside the
county.
   (c) This section shall become inoperative on July 1,  2015
  2020  , and, as of January 1,  2016
  2021  , is repealed, unless a later enacted
statute, that becomes operative on or before January 1,  2016
  2021  , deletes or extends the dates on which it
becomes inoperative and is repealed.
  SEC. 2.  Section 4115.5 of the Penal Code, as added by Section 73
of Chapter 41 of the Statutes of 2012, is amended to read:
   4115.5.  (a) The board of supervisors of a county where adequate
facilities are not available for prisoners who would otherwise be
confined in its county adult detention facilities may enter into an
agreement with the board or boards of supervisors of one or more
nearby counties whose county adult detention facilities are adequate
and are readily accessible from the first county, permitting
commitment of misdemeanants, and any persons required to serve a term
of imprisonment in county adult detention facilities as a condition
of probation, to a jail in a county having adequate facilities that
is a party to the agreement. That agreement shall make provision for
the support of a person so committed or transferred by the county
from which he or she is committed. When that agreement is in effect,
commitments may be made by the court and support of a person so
committed shall be a charge upon the county from which he or she is
committed.
   (b) This section shall become operative on July 1,  2015
  2020  .