BILL NUMBER: AB 1512 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2014
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 amended, Stone. Corrections: inmate transfers.
Existing law, until July 1, 2015, authorizes the board of
supervisors of a county, 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. 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.
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 instead make
those provisions become operative July 1,
2020. 2018.
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 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, county to
permit commitment of sentenced misdemeanants, persons sentenced
pursuant to subdivision (h) of Section 1170, and any persons required
to serve a term of imprisonment in county adult detention facilities
as a condition of probation, 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,
2020, 2018, and, as of January 1, 2021,
2019, is repealed, unless a later enacted
statute, that becomes operative on or before January 1,
2021, 2019, 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
county to permit 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, 2020.
2018.