Amended in Senate March 12, 2015

Senate Bill No. 171

Introduced by Senator Gaines

February 5, 2015

An act to amend Section 4004 of begin insert , and to add Section 4004.6 to, end insert the Penal Code, relating to begin delete prisons. end delete begin insert imprisonment, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 171, as amended, 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.

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This bill would authorize the sheriff of a county, if the county jail is over 80% capacity, to contract with any state, county, or private jail or prison system in the United States for the confinement of inmates on behalf of the county and to transfer inmates to those facilities, with or without the inmate’s permission. The bill would authorize the county to submit an invoice, and the Department of Corrections and Rehabilitation to pay, for the actual cost of housing and transportation of transferred inmates. The bill would appropriate an unspecified amount from the General Fund to the Department of Corrections and Rehabilitation for these purposes.

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This bill would declare that it is to take effect immediately as an urgency statute.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

Section 4004 of the Penal Code is amended to
read:

4004.  

begin insert (a) end insert begin insert   end insert A begin delete prisoner end delete begin insert person end insert committed to a county jail for
examination, or upon conviction for a public offense, shall be
actually confined in the jail until legally discharged. If the prisoner
is permitted to go at large out of the jail, except by virtue of a legal
order or process, it is an escape. However, during the pendency
of a criminal proceeding, the court before which that proceeding
is pending may make a legal order, begin insert with end insert good cause begin delete appearing
therefor end delete , for the removal of the prisoner from that county jail in
custody of the sheriff. In courts with a marshal, the marshal shall
maintain custody of the prisoner while the prisoner is in the court
facility pursuant to the court order. The superior court of a county
may make a legal order, begin insert with end insert good cause begin delete appearing therefor end delete , for
the removal of prisoners confined in a county jail, after conviction,
in the custody of the sheriff.

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If

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begin insert (b end insert begin insert ) end insert begin insert   end insert begin insert If end insert facilities are no longer available in a county jail due to
crowded conditions, the sheriff may transfer a person committed
to that county jail upon conviction for a public offense to facilities
that are available in a city jail, as provided for in Section begin delete 4004.5. end delete
begin insert 4004.5, or to another facility as provided in Section 4004.6. end insert

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begin insert SEC. 2. end insert   

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begin insert Section 4004.6 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

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begin insert 4004.6. end insert   

(a) The sheriff of a county may, if the county jail is
over 80 percent capacity, contract with any state, county, or private
jail or prison system in the United States for the confinement of
inmates on behalf of the county.

(b) The sheriff may transfer any person committed to the county
jail upon conviction for a public offense to a facility with which
the county has a contract, pursuant to subdivision (a), with or
without the inmate’s consent. Transfers shall be at the discretion
of the county sheriff.

(c) The county may submit to the Department of Corrections
and Rehabilitation an invoice showing the actual cost of housing
and transportation of the inmates, including, but not limited to,
personnel costs. The department shall reimburse the county for
all costs incurred to house and transport inmates who are relocated
pursuant to this section.

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begin insert SEC. 3. end insert   

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begin insert The amount of ____ dollars ($____) is hereby
appropriated from the General Fund to the Department of
Corrections and Rehabilitation to pay the cost of housing and
transportation of inmates incurred pursuant to Section 4004.6 of
the Penal Code. end insert

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begin insert SEC. 4. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to preserve the safety of the people of California by
preventing early release of county jail inmates, it is necessary for
this measure to take effect immediately.

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