California Senate Bill SB171 Amended / Bill

 BILL NUMBER: SB 171AMENDED BILL TEXT AMENDED IN SENATE MARCH 12, 2015 INTRODUCED BY Senator Gaines FEBRUARY 5, 2015 An act to amend Section 4004 of  , and to add Section 4004.6 to,  the Penal Code, relating to  prisons.   imprisonment, making an appropriation therefor, and declaring the urgency thereof, to take effect   immediately.  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.  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.   This bill would declare that it is to take effect immediately as an urgency statute.   This bill would make technical, nonsubstantive changes to those provisions.  Vote:  majority   2/3  . Appropriation:  no   yes  . Fiscal committee:  no   yes  . 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.  (a)    A  prisoner   person  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,  with  good cause  appearing therefor  , 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,  with  good cause  appearing therefor  , for the removal of prisoners confined in a county jail, after conviction, in the custody of the sheriff.  If   (b   )     If  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  4004.5.   4004.5, or to another facility as provided in Section 4004.6.   SEC. 2.   Section 4004.6 is added to the   Penal Code   , to read:   4004.6. (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.   SEC. 3.   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.   SEC. 4.   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:   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.