BILL ANALYSIS �
AB 1512
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1512 (Stone)
As Amended June 2, 2014
Majority vote
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|ASSEMBLY: |76-0 |(March 20, |SENATE: |33-0 |(June 5, 2014) |
| | |2014) | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Extends the sunset date on provisions of law that
allow a county where adequate facilities are not available for
prisoners in its adult detention facilities to enter into
agreements with one or more counties that have adequate
facilities. Specifically, this bill :
1)States that the board of supervisors of a county should take
into account specified factors before entering into an inmate
transfer agreement with a nonadjacent county.
2)Requires transferred inmates to be sentenced misdemeanants,
persons sentenced to county jail pursuant to public safety
realignment, and persons required to serve a term of
imprisonment in county jail as a condition of probation.
3)Makes these provisions operative until July 1, 2018.
The Senate amendments :
1)Add legislative intent regarding inmate transfer agreements
between nonadjacent counties.
2)State that the board of supervisors of a county should take
into account specified factors before entering into an inmate
transfer agreement with a nonadjacent county.
EXISTING LAW :
1)Authorizes the board of supervisors of a county where, in the
opinion of the sheriff or the director of the county
department of corrections, adequate facilities are not
available for prisoners who would otherwise be confined in its
county adult detention facilities may enter into an agreement
AB 1512
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with the board or boards of supervisors of one or more
counties whose county adult detention facilities are adequate
for and accessible to the first county, with the concurrence
of that county's sheriff or director of its county department
of corrections. When the agreement is in effect, commitments
may be made by the court.
2)Requires a county entering into an agreement with another
county to report annually to the Board of State and Community
Corrections on the number of offenders who otherwise would be
under that county's jurisdiction but who are now being housed
in another county's facility and the reason for needing to
house the offenders outside the county.
3)States that the above provisions shall become inoperative on
July 1, 2015, and, as of January 1, 2016, is repealed, unless
a later enacted statute, that becomes operative on or before
January 1, 2016, deletes or extends the dates on which it
becomes inoperative and is repealed.
4)Starting July 1, 2015, authorizes the board of supervisors of
a county where adequate facilities are not available for
prisoners who would otherwise be confined in its county adult
detention facilities to enter into an agreement with the board
or boards of supervisors of one or more nearby counties whose
county adult detention facilities are adequate and are readily
accessible from the first county, permitting commitment of
misdemeanants, and any persons required to serve a term of
imprisonment in county adult detention facilities as a
condition of probation, to a jail in a county having adequate
facilities that is a party to the agreement. That agreement
shall make provisions for the support of a person so committed
or transferred by the county from which he or she is
committed. When that agreement is in effect, commitments may
be made by the court and support of a person so committed
shall be a charge upon the county from which he or she is
committed.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Criminal justice
realignment under AB 109 [(Budget Committee), Chapter 15,
Statutes of 2011] placed greater responsibility on county jails
in the housing and rehabilitation of inmates. Monterey County
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Jail, for example, has been highly impacted by an increase in
inmate capacity since realignment. A lawsuit was filed in May
2013 by the Monterey County Public Defender's Office alleging
that the jail is severely overcrowded, making jail facilities
unsafe for both inmates and staff. AB 900 (Solorio, 2007)
[Chapter 7] is providing Monterey County Jail with $36.295
million to construct new bed spaces, administrative support and
space for rehabilitation. The construction project is
anticipated to be completed in 2017. In order to protect the
wellbeing and safety of inmates and staff before construction is
complete, Monterey County entered into an agreement in November
2013 with Alameda County to transfer a maximum of 82 male or
female sentenced inmates a year. As of January 2014, 60 inmates
had been transferred from Monterey to Alameda, where jail
facilities are better equipped to house and care for inmates
placed in county jail after realignment.
"AB 1512 would extend the provision that allows counties to
transfer inmates from one county jail to another provided the
transferring facility is not able to adequately house the
inmate(s). Only inmates who have been sentenced as
misdemeanants and those in county jail due to realignment would
be eligible to be transferred. The provision would be extended
for three years through 2018 and expire January 1, 2019. This
would allow county jails undergoing renovation and construction
to complete construction projects and protect inmates from being
housed in county jails with inadequate and highly impacted
facilities."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003910