BILL NUMBER: AB 2587	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 24, 2012

    An act to amend Section 836.6 of the Penal Code, relating
to crime.   An act to add Section 7007 to the Penal
Code, relating to corrections. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2587, as amended, Knight.  Crime: escape. 
 Correctional facility construction: local agreements.  

   Existing law charges the Department of Corrections and
Rehabilitation with the responsibility of planning and constructing
state correctional facilities. The Department of Corrections and
Rehabilitation is headed by the Secretary of the Department of
Corrections and Rehabilitation. Existing law authorizes the secretary
to enter into a long-term agreement not to exceed 20 years with a
city, county, or city and county to place parole violators and other
state inmates in a specified facility.  
   This bill would authorize the secretary to enter into a long-term
agreement not to exceed 25 years, with a city, county, or city and
county to finance and build a state prison facility, as specified,
for the incarceration of medium and maximum security inmates. The
bill would require such a facility to be staffed by the Department of
Corrections and Rehabilitation and the bill would require
incarcerated inmates to be subject to the rules and regulations of
the secretary. The bill would require the secretary to take certain
factors into consideration in determining the reimbursement rate for
a long-term agreement with a local jurisdiction and would require the
payment to include a specified service fee component. The bill would
authorize the secretary to contract with a local jurisdiction for
the maintenance of the facility.  
   Existing law makes it unlawful for any person who has been
lawfully arrested by any peace officer and who knows, or by the
exercise of reasonable care should have known, that he or she has
been lawfully arrested by a peace officer, to thereafter escape or
attempt to escape from that peace officer. A person who violates this
provision is guilty of a misdemeanor punishable by imprisonment in a
county jail not to exceed one year. If the escape or attempted
escape is by force or violence, and the person proximately causes a
peace officer serious bodily injury, existing law requires that the
person be punished by imprisonment in a county jail for 2, 3, or 4
years, as specified, or by imprisonment in a county jail not to
exceed one year.  
   This bill would make technical, nonsubstantive changes to the
provision making it unlawful for any person who has been lawfully
arrested by any peace officer and who knows, or by the exercise of
reasonable care should have known, that he or she has been lawfully
arrested by that peace officer, to thereafter escape or attempt to
escape from that peace officer. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 7007 is added to the  
Penal Code   , to read:  
   7007.  (a) Notwithstanding any other provision of law, the
Secretary of the Department of Corrections and Rehabilitation may
enter into a long-term agreement not to exceed 25 years, with a city,
county, or city and county to finance and build a state prison
facility for the incarceration of medium and maximum security
inmates. The facility shall meet the specifications of the secretary.

   (b) A facility erected pursuant to this section shall be staffed
by employees of the Department of Corrections and Rehabilitation.
   (c) In determining the reimbursement rate pursuant to an agreement
entered into pursuant to this section, the secretary shall take into
consideration the cost incurred by the city, county, or city and
county for the financing and construction of the facility, and any
other factors that are necessary and appropriate to fix the
obligations, responsibilities, and rights of the respective parties.
The payment to the city, county, or city and county shall include a
service fee component which takes into consideration the investment,
risk, and assistance of the city, county, or city and county in
siting, financing, and constructing the facility.
   (d) Inmates incarcerated at a facility erected pursuant to this
section, shall be subject, at all times, to the rules and regulations
of the department, and the facility constructed pursuant to this
section, shall in all respects be a state prison facility.
   (e) The secretary, in his or her discretion, may elect to contract
with the city, county, or city and county to maintain the facility,
including maintaining the fixtures and improvements which comprise
the facility.  
  SECTION 1.    Section 836.6 of the Penal Code is
amended to read:
   836.6.  (a) It is unlawful for any person who is remanded by a
magistrate or judge of any court in this state to the custody of a
sheriff, marshal, or other police agency, to thereafter escape or
attempt to escape from that custody.
   (b) It is unlawful for any person who has been lawfully arrested
by any peace officer and who knows, or by the exercise of reasonable
care should have known, that he or she has been lawfully arrested by
that peace officer, to thereafter escape or attempt to escape from
that peace officer.
   (c) Any person who violates subdivision (a) or (b) is guilty of a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year. However, if the escape or attempted escape is by
force or violence, and the person proximately causes a peace officer
serious bodily injury, the person shall be punished by imprisonment
pursuant to subdivision (h) of Section 1170 for two, three, or four
years, or by imprisonment in a county jail not to exceed one year.