2009 California Penal Code - Section 2910-2913 :: Article 1.5. Transfer Of Prisoners

PENAL CODE
SECTION 2910-2913

2910.  (a) The Director of Corrections may enter into an agreement
with a city, county, or city and county, to permit transfer of
prisoners in the custody of the Director of Corrections to a jail or
other adult correctional facility of the city, county, or city and
county, if the sheriff or corresponding official having jurisdiction
over the facility has consented thereto. The agreement shall provide
for contributions to the city, county, or city and county toward
payment of costs incurred with reference to such transferred
prisoners.
   (b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the Director
of Corrections may transfer prisoners whose terms of imprisonment
have been fixed and parole violators to the facility.
   (c) Prisoners so transferred to a local facility may, with
approval of the Director of Corrections, participate in programs of
the facility, including work furlough rehabilitation programs.
   (d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections and
shall be subject at any time, pursuant to the rules and regulations
of the Director of Corrections, to be detained in the county jail
upon the exercise of a state parole or correctional officer's peace
officer powers as specified in Section 830.5, with the consent of the
sheriff or corresponding official having jurisdiction over the
facility.
   (e) The Director of Corrections, to the extent possible, shall
select city, county, or city and county facilities in areas where
medical, food, and other support services are available from nearby
existing prison facilities.
   (f) The Director of Corrections, with the approval of the
Department of General Services, may enter into an agreement to lease
state property for a period not in excess of 20 years to be used as
the site for a facility operated by a city, county, or city and
county authorized by this section.
   (g) No agreement may be entered into under this section unless the
cost per inmate in the facility is no greater than the average costs
of keeping an inmate in a comparable facility of the department, as
determined by the director.

2910.5.  (a) Pursuant to Section 2910, the Director of Corrections
may 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 facility which is specially designed and built for
the incarceration of parole violators and specified state prison
inmates.
   (b) The agreement shall provide that persons providing security at
the facilities shall be peace officers as defined in Sections 830.1
and 830.55 who have satisfactorily met the minimum selection and
training standards prescribed by the Board of Corrections for local
correctional personnel established under Section 6035.
   (c)  A parole violator or other inmate may be confined in a
facility established under this section.
   (1) If convicted within the last 10 years of a violent felony, as
defined in subdivision (c) of Section 667.5, or convicted of a crime,
as defined in Sections 207, 210.5, 214, 217.1, or 220, or if that
person has a history of escape or attempted escape, the Department of
Corrections, prior to placing the parole violator or inmate in the
facility, shall review each individual case to make certain that this
placement is in keeping with the need to protect society.
   (2) No inmate or parole violator who has received a sentence of
life imprisonment within the past 20 years shall be eligible.
   (3) The superintendent of the facility also shall review each
individual case where the inmate or parolee has been convicted within
the last 10 years of a crime specified in this subdivision and shall
ascertain whether this is an appropriate placement. The
superintendent shall reject those whom he or she determines are
inappropriate due to their propensity for violence or escape and
shall submit written findings for the rejection to the Department of
Corrections.
   (4) No parole violator who receives a revocation sentence greater
than 12 months shall be confined in a facility established under this
section.
   (5) The Department of Corrections shall establish additional
guidelines as to inmates eligible for the facilities.
   (d) In determining the reimbursement rate pursuant to an agreement
entered into pursuant to subdivision (a), the director shall take
into consideration the costs incurred by the city, county, or city
and county for services and facilities provided and any other factors
that are necessary and appropriate to fix the obligations,
responsibilities, and rights of the respective parties.
   (e) Facilities operated by the county shall be under the
supervision of the sheriff. Facilities operated by the city shall be
under the supervision of a chief of police or a facility
superintendent who shall have at least five years similar experience.
   (f) Cities or counties contracting with the Department of
Corrections for a facility pursuant to this section shall be
responsible for managing and maintaining the security of the facility
pursuant to the regulations and direction of the Director of
Corrections. No city or county may contract with any private provider
to manage, operate, or maintain the security of the facility.

2910.6.  The Director of Corrections may enter into an agreement
consistent with applicable law for a city, county, or city and county
to construct and operate community corrections programs, restitution
centers, halfway houses, work furlough programs, or other
correctional programs authorized by state law.

2911.  (a) The Director of Corrections may enter into contracts,
with the approval of the Director of General Services, with
appropriate officials or agencies of the United States for the
confinement, care, education, treatment, and employment of those
persons convicted of criminal offenses in the courts of this state
and committed to state prisons as the director believes can benefit
by the confinement, care, education, treatment, and employment.
   (b) Any contract entered into pursuant to subdivision (a) shall
provide for (1) reimbursement to the United States government for the
cost of those services, including any costs incurred by the
government in transporting the prisoners, and (2) any other matters
as may be necessary and appropriate to fix the obligations,
responsibilities and rights of the respective parties to the
contract.
   (c) No inmate may be transferred from an institution within this
state to a federal facility pursuant to a contract entered into
pursuant to subdivision (a) unless he or she has executed, in the
presence of the warden or other head of the institution in this state
in which he or she is confined, a written consent to the transfer.
The inmate shall have the right to a private consultation with an
attorney of his or her choice, concerning his or her rights and
obligations under this section, prior to his or her appearance before
the warden or other head of the institution for the purpose of
executing the written consent.
   (d) Whenever a contract has been made pursuant to this section the
director may direct the transfer of an inmate to the facility
designated and shall thereafter deliver the inmate to the custody of
the appropriate federal officials for transportation to that
facility. An inmate so transferred shall at all times be subject to
the jurisdiction of this state and may at any time be removed from
the facility in which he or she is confined for return to this state,
for transfer to another facility in which this state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of this state; in all other respects, an inmate
transferred to a federal facility shall be subject to all provisions
of the law or regulations applicable to persons committed for
violations of laws of the United States not inconsistent with the
sentence imposed on the inmate.
   (e) The Board of Prison Terms, and the panels and members thereof,
may meet at the federal facility where an inmate is confined
pursuant to this section or enter into cooperative arrangements with
corresponding federal agencies or officials, as necessary to carry
out the term-fixing and parole functions. Nothing in this subdivision
shall be deemed to waive an inmate's right to personally appear
before the Board of Prison Terms.
   (f) Any inmate confined pursuant to a contract entered into
pursuant to this section shall be released within the territory of
this state unless the inmate, this state and the federal government
shall agree upon release in some other place. This state shall bear
the cost of return of the inmate to its territory.
   (g) This section shall not apply to an inmate who is transferred
by the Department of Corrections to the United States Immigration and
Naturalization Service pursuant to Section 5025.

2911.  (a) The Director of Corrections may enter into contracts,
with the approval of the Director of General Services, with
appropriate officials or agencies of the United States for the
confinement, care, education, treatment, and employment of persons
convicted of criminal offenses in the courts of this state and
committed to state prisons as the director believes can benefit by
confinement, care, education, treatment, and employment.
   (b) Any contract entered into pursuant to subdivision (a) shall
provide for (1) reimbursement to the United States government for the
cost of services, including any costs incurred by the federal
government in transporting prisoners, and (2) other matters as may be
necessary and appropriate to fix the obligations, responsibilities
and rights of the respective parties to the contract.
   (c) No inmate may be transferred from an institution within this
state to a federal facility pursuant to a contract unless he or she
has executed, in the presence of the warden or other head of the
institution in this state in which he or she is confined, a written
consent to the transfer. The inmate shall have the right to a private
consultation with an attorney of his or her choice, concerning his
or her rights and obligations under this section, prior to his or her
appearance before the warden or other head of the institution for
the purpose of executing the written consent.
   (d) Whenever a contract has been made pursuant to this section the
director may direct the transfer of an inmate to the facility
designated and shall thereafter deliver the inmate to the custody of
the appropriate federal officials for transportation to the facility.
An inmate so transferred shall at all times be subject to the
jurisdiction of this state and may at any time be removed from the
facility in which he or she is confined for return to this state, for
transfer to another facility in which this state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of this state; in all other respects, an inmate
transferred to a federal facility shall be subject to all provisions
of the law or regulations applicable to persons committed for
violations of laws of the United States not inconsistent with the
sentence imposed on the inmate.
   (e) The Board of Prison Terms, and the panels and members thereof,
may meet at the federal facility where an inmate is confined
pursuant to this section or enter into cooperative arrangements with
corresponding federal agencies or officials, as necessary to carry
out the term-fixing and parole functions. Nothing in this subdivision
shall be deemed to waive an inmate's right to personally appear
before the Board of Prison Terms.
   (f) Any inmate confined pursuant to a contract entered into
pursuant to this section shall be released within the territory of
this state unless the inmate, this state and the federal government
shall agree upon release in some other place. This state shall bear
the cost of return of the inmate to his or her territory.
   (g) This section shall not apply to any inmate or ward who is
transferred by the Department of the Youth Authority or the
Department of Corrections to the custody of the Attorney General of
the United States pursuant to Section 5025.

2912.  (a) Under its Foreign Prisoner Transfer Program, the Board of
Prison Terms shall devise a method of notifying each foreign born
inmate in a prison or reception center operated by the Department of
Corrections that he or she may be eligible to serve his or her term
of imprisonment in his or her nation of citizenship as provided in
federal treaties.
   (b) (1) The Board of Prison Terms shall actively encourage each
eligible foreign born inmate to apply for return to his or her nation
of citizenship as provided in federal treaties and shall provide
quarterly reports outlining its efforts under this section to the
Chairperson of the Joint Legislative Budget Committee and the
chairperson of each fiscal committee of the Legislature.
   (2) The Board of Prison Terms shall adopt the model program
developed by the State of Texas for encouraging participation in the
federal repatriation program where appropriate.

2913.  A city shall give notice to, and consult with, the county
prior to contracting with the state pursuant to Section 2910 of this
code or Section 1753.3 of the Welfare and Institutions Code.


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