BILL NUMBER: AB 1512	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 5, 2014
	PASSED THE ASSEMBLY  JUNE 9, 2014
	AMENDED IN SENATE  JUNE 2, 2014
	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, 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.
   This bill would make a related statement of legislative intent
regarding inmate transfer agreements between nonadjacent counties.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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:
   (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.
   (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.
   (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.
   (d) Whether public safety would be compromised without sending an
inmate to another county.
   (e) Whether the county is under a court-ordered population cap, or
if the facilities exceed rated capacity.
   (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.
   (g) The length of time remaining on an inmate's sentence.
   (h) The preference of the county inmate to remain in the
sentencing, transferring county.
   (i) The costs of transferring an inmate compared to other forms of
custody.
  SEC. 2.  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.
  SEC. 3.  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.