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.
This bill would authorize the sheriff of a county, if the county jail is over 80%
begin delete capacity,end delete 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. 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) A person committed to a county jail for examination,
4or upon conviction for a public offense, shall be actually confined
5in the jail until legally discharged. If the prisoner is permitted to
6go at large out of the jail, except by virtue of a legal order or
7process, it is an escape. However, during the pendency of a criminal
8proceeding, the court before which that proceeding is pending may
9make a legal order, with good cause, for the removal of the prisoner
10from that county jail in custody of the sheriff. In courts with a
11marshal, the marshal shall maintain custody of the prisoner while
12the prisoner is in the court facility pursuant to the court order. The
13superior court of a county may make a legal order, with good cause,
14for the removal of prisoners confined in a county jail, after
15conviction, in the custody of the sheriff.
16(b) If facilities are no longer available in a county jail due to
17crowded conditions, the sheriff may transfer a person committed
18to that county jail upon conviction for a public offense to facilities
19that are available in a city jail, as provided for in Section 4004.5,
20or to another facility as provided in Section 4004.6.
Section 4004.6 is added to the Penal Code, to read:
begin deleteThe end deletesheriff of a county may, if the county jail is over
2480 percent capacity, contract with any state, county, or private jail
25or prison system in the United States for the confinement of
26inmates on behalf of the county.
27(b) The sheriff may transfer any person committed to the county
28jail upon conviction for a public offense to a facility with which
29the county has a contract, pursuant to subdivision (a), with or
30without the inmate’s consent. Transfers shall be at the discretion
31of the county sheriff.
32(c) The county may submit to the Department of Corrections
33and Rehabilitation an invoice showing the actual cost of housing
P3 1and transportation of the inmates, including, but not limited to,
2personnel costs. The department shall reimburse the county for all
3costs incurred to house and transport inmates who are relocated
4pursuant to this section.
The amount of ____ dollars ($____) is hereby
6appropriated from the General Fund to the Department of
7Corrections and Rehabilitation to pay the cost of housing and
8transportation of inmates incurred pursuant to Section 4004.6 of
9the Penal Code.
This act is an urgency statute necessary for the
11immediate preservation of the public peace, health, or safety within
12the meaning of Article IV of the Constitution and shall go into
13immediate effect. The facts constituting the necessity are:
14In order to preserve the safety of the people of California by
15preventing early release of county jail inmates, it is necessary for
16this measure to take effect immediately.