SB 171, as introduced, Gaines. County jail inmates: involuntary transfer.
Existing law requires a prisoner who is committed to a county jail to be actually confined until legally discharged. Existing law authorizes a sheriff, if facilities are no longer available in a county jail due to crowded conditions, to transfer a person committed to a county jail upon conviction for a public offense to facilities that are available in a city jail.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4004 of the Penal Code is amended to
A prisoner committed to
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4examination, or upon conviction for a public offense,
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5 be actually confined in the jail until legally
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6 the prisoner is permitted to go at large out of the
7 jail, except by virtue of a legal order or process, it is an
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8provided, however, that duringend delete
9pendency of a criminal proceeding, the court before which
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P2 1 proceeding is pending may make a legal order, good cause
2appearing therefor, for the removal of the prisoner from
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3 county jail in custody of the sheriff. In courts
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4 a marshal, the marshal shall maintain custody of
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5while the prisoner is in the court facility pursuant to
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6order. The superior court of
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7good cause appearing therefor, for the removal of prisoners
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10If facilities are no longer available in
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begin delete aend delete sheriff may transfer a person committed
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begin delete whichend delete are available in begin delete theend delete city jail, as provided for
14in Section 4004.5.