Senate BillNo. 171


Introduced by Senator Gaines

February 5, 2015


An act to amend Section 4004 of the Penal Code, relating to prisons.

LEGISLATIVE COUNSEL’S DIGEST

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:

P1    1

SECTION 1.  

Section 4004 of the Penal Code is amended to
2read:

3

4004.  

A prisoner committed tobegin delete theend deletebegin insert aend insert county jail for
4examination, or upon conviction for a public offense,begin delete mustend deletebegin insert shallend insert
5 be actually confined in the jail until legallybegin delete discharged; and ifend delete
6begin insert discharged. Ifend insert the prisoner is permitted to go at large out of the
7 jail, except by virtue of a legal order or process, it is anbegin delete escape;
8provided, however, that duringend delete
begin insert escape. However, duringend insert the
9pendency of a criminal proceeding, the court before whichbegin delete saidend delete
P2    1begin insert thatend insert proceeding is pending may make a legal order, good cause
2appearing therefor, for the removal of the prisoner frombegin delete theend deletebegin insert thatend insert
3 county jail in custody of the sheriff. In courtsbegin delete where there isend deletebegin insert withend insert
4 a marshal, the marshal shall maintain custody ofbegin delete suchend deletebegin insert theend insert prisoner
5while the prisoner is in the court facility pursuant tobegin delete suchend deletebegin insert theend insert court
6order. The superior court ofbegin delete theend deletebegin insert aend insert county may make a legal order,
7good cause appearing therefor, for the removal of prisoners
8confined inbegin delete theend deletebegin insert aend insert county jail, after conviction, in the custody of
9the sheriff.

10If facilities are no longer available inbegin delete theend deletebegin insert aend insert county jail due to
11crowded conditions,begin delete aend deletebegin insert theend insert sheriff may transfer a person committed
12tobegin delete theend deletebegin insert thatend insert county jail upon conviction for a public offense to
13facilitiesbegin delete whichend deletebegin insert thatend insert are available inbegin delete theend deletebegin insert aend insert city jail, as provided for
14in Section 4004.5.



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