AB 1512, as amended, Stone. Corrections: inmate transfers.
Existing law, until July 1, 2015, authorizes the board of supervisors of abegin delete county,end deletebegin insert countyend insert 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,begin delete 2020.end deletebegin insert 2018, and would clarify that the agreement between counties would be to permit commitment of sentenced misdemeanants, felons sentenced to serve a term in a county jail, and any person required to serve a term of imprisonment in county adult detention facilities as a condition of probation.end insert
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 wouldbegin delete provide thatend deletebegin insert instead makeend insert those provisionsbegin delete becomeend delete
operative July 1,begin delete 2020.end deletebegin insert
2018.end insert
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 detentionbegin delete facilitiesend delete
8begin insert facilities, end insert may enter into an agreement with the board or boards
9of supervisors of one or more counties whose county adult
10detention facilities are adequate for and accessible to the first
11begin delete county,end deletebegin insert
county to permit commitment of sentenced misdemeanants,
12persons sentenced pursuant to subdivision (h) of Section 1170,
13and any persons required to serve a term of imprisonment in county
14adult detention facilities as a condition of probation,end insert with the
15concurrence of that county’s sheriff or director of its county
16department of corrections. When the agreement is in effect,
17commitments may be made by the court.
18(b) A county entering into an agreement with another county
19pursuant to subdivision (a) shall report annually to the Board of
20State and Community Corrections on the number of offenders who
21otherwise would be under that county’s jurisdiction but who are
P3 1now being housed in another county’s facility pursuant to
2subdivision (a) and the reason for needing to house the offenders
3outside the county.
4(c) This section shall become inoperative on July 1,begin delete 2020,end deletebegin insert 2018, end insert
5and, as of January 1,begin delete 2021,end deletebegin insert 2019,end insert is repealed, unless a later enacted
6statute, that becomes operative on or before January 1,begin delete 2021,end deletebegin insert 2019, end insert
7 deletes or extends the dates on which it becomes inoperative and
8is repealed.
Section 4115.5 of the Penal Code, as added by Section
1073 of Chapter 41 of the Statutes of 2012, is amended to read:
(a) The board of supervisors of a county where
12adequate facilities are not available for prisoners who would
13otherwise be confined in its county adult detention facilities may
14enter into an agreement with the board or boards of supervisors of
15one or more nearby counties whose county adult detention facilities
16are adequate and are readily accessible from the firstbegin delete county, begin insert county to permitend insert commitment of misdemeanants, and
17permittingend delete
18any persons required to serve a term of imprisonment in county
19adult detention facilities as a condition of probation, to a jail in a
20county having adequate
facilities that is a party to the agreement.
21That agreement shall make provision for the support of a person
22so committed or transferred by the county from which he or she
23is committed. When that agreement is in effect, commitments may
24be made by the court and support of a person so committed shall
25be a charge upon the county from which he or she is committed.
26(b) This section shall become operative on July 1,begin delete 2020.end deletebegin insert 2018.end insert
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