Amended in Senate June 2, 2014

Amended in Assembly March 18, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1512

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 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, 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 instead make those provisions operative July 1, 2018.

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This bill would make a related statement of legislative intent regarding inmate transfer agreements between nonadjacent counties.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert It is the intent of the Legislature to ensure that in
extending the authority of a county to transfer an inmate to a
nonadjacent county, counties exercise care in entering a transfer
agreement with a nonadjacent county. The board of supervisors
of a county should take into account all of the following before
entering into an inmate transfer agreement with a nonadjacent
county: end insert

begin insert

(a) The availability of alternatives to incarceration in the
transferring county, including, but not limited to, pretrial diversion,
alternative custody, county parole, inpatient treatment programs,
and work furlough programs.

end insert begin insert

(b) The availability of appropriate housing given the
classification level of the inmate and the availability of treatment
and rehabilitative programs in the transferring county.

end insert begin insert

(c) The availability of appropriate housing given the
classification level of the inmate and the availability of treatment
and rehabilitative programs in the receiving county.

end insert begin insert

(d) Whether public safety would be compromised without
sending an inmate to another county.

end insert begin insert

(e) Whether the county is under a court-ordered population
cap, or if the facilities exceed rated capacity.

end insert begin insert

(f) The distance between the transferring county and the
receiving county and whether there are any other geographically
closer alternatives. The county should consider the distance from
the inmate’s county of residence to the receiving county and
whether that distance could impede visitation by an inmate’s
family.

end insert begin insert

(g) The length of time remaining on an inmate’s sentence.

end insert begin insert

(h) The preference of the county inmate to remain in the
sentencing, transferring county.

end insert begin insert

(i) The costs of transferring an inmate compared to other forms
of custody.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 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, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 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, 2018.