BILL NUMBER: SB 1078	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Denham

                        FEBRUARY 17, 2010

   An act to add Section 11190.5 to the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1078, as introduced, Denham. Inmates: out-of-state transfers.
   Existing law provides for the transfer of inmates to out-of-state
institutions pursuant to the Interstate Corrections Compact and the
Western Interstate Corrections Compact. Existing law provides that
inmates confined in an institution pursuant to the terms of these
compacts shall at all times be subject to the jurisdiction of this
state and may at any time be removed therefrom for transfer to a
prison or other institution within this state or for any other
purpose permitted by the laws of this state, as specified.
   This bill would provide that no inmate sentenced under California
law may be committed or transferred outside of this state unless the
Governor personally approves the transfer. The bill would place
requirements on agreements to transfer inmates outside of this state,
including that the Department of Corrections and Rehabilitation
ensure that in any agreement to transfer an inmate outside of this
state the receiving state or country shall not release the inmate
before the inmate serves his or her full sentence. The bill would
prohibit any agreement to transfer an inmate outside of this state to
be made if a California law enforcement agency from a jurisdiction
where the acts leading to the inmate's imprisonment took place issues
a public statement opposing the transfer. The bill would provide
that it shall not be construed to apply to inmates not sentenced by a
court of this state.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 11190.5 is added to the Penal Code, to read:
   11190.5.  (a) Notwithstanding any other law, no inmate sentenced
under California law may be committed or transferred to an
institution outside of this state by any court or other agency or
officer of this state having power to commit or transfer an inmate
unless the Governor personally approves the transfer.
   (b) Any agreement to confine an inmate in an institution outside
of this state shall require that at all times the inmate shall be
subject to the jurisdiction of the Department of Corrections and
Rehabilitation and may at any time be removed therefrom for any
purpose permitted by the laws of this state. The Department of
Corrections and Rehabilitation shall ensure that in any agreement to
transfer an inmate outside of this state the receiving state or
country shall not release the inmate before the inmate serves his or
her full sentence.
   (c) No agreement shall be made to transfer an inmate outside of
this state if a California law enforcement agency from a jurisdiction
where the acts leading to the inmate's imprisonment took place
issues a public statement opposing the transfer.
   (d) Nothing in this section shall be construed to apply to inmates
not sentenced by a court of this state.