2009 California Penal Code - Section 4750-4758 :: Chapter 6. Local Expenses

PENAL CODE
SECTION 4750-4758

4750.  A city, county, or superior court shall be entitled to
reimbursement for reasonable and necessary costs connected with state
prisons or prisoners in connection with any of the following:
   (a) Any crime committed at a state prison, whether by a prisoner,
employee, or other person.
   With respect to a prisoner, "crime committed at a state prison" as
used in this subdivision, includes, but is not limited to, crimes
committed by the prisoner while detained in local facilities as a
result of a transfer pursuant to Section 2910 or 6253, or in
conjunction with any hearing, proceeding, or other activity for which
reimbursement is otherwise provided by this section.
   (b) Any crime committed by a prisoner in furtherance of an escape.
Any crime committed by an escaped prisoner within 10 days after the
escape and within 100 miles of the facility from which the escape
occurred shall be presumed to have been a crime committed in
furtherance of an escape.
   (c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner.
   (d) Any trial or hearing on the question of the sanity of a
prisoner.
   (e) Any costs not otherwise reimbursable under Section 1557 or any
other related provision in connection with any extradition
proceeding for any prisoner released to hold.
   (f) Any costs incurred by a coroner in connection with the death
of a prisoner.
   (g) Any costs incurred in transporting a prisoner within the host
county or as requested by the prison facility or incurred for
increased security while a prisoner is outside a state prison.
   (h) Any crime committed by a state inmate at a state hospital for
the care, treatment, and education of the mentally disordered, as
specified in Section 7200 of the Welfare and Institutions Code.
   (i) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.

4751.  Costs incurred by a city or county include all of the
following:
   (a) Costs of law enforcement agencies in connection with any
matter set forth in Section 4750, including the investigation or
evaluation of any of those matters regardless of whether a crime has
in fact occurred, a hearing held, or an offense prosecuted.
   (b) Costs of participation in any trial or hearing of any matter
set forth in Section 4750, including costs for the preparation for
the trial, pretrial hearing, actual trial or hearing, expert witness
fees, the costs of guarding or keeping the prisoner, the
transportation of the prisoner, the costs of appeal, and the
execution of the sentence. The cost of detention in a city or county
correctional facility shall include the same cost factors as are
utilized by the Department of Corrections in determining the cost of
prisoner care in state correctional facilities.
   (c) The costs of the prosecuting attorney in investigating,
evaluating, or prosecuting cases related to any matter set forth in
Section 4750, whether or not the prosecuting attorney decides to
commence legal action.
   (d) Costs incurred by the public defender or court-appointed
attorney with respect to any matter set forth in Section 4750.
   (e) Any costs incurred for providing training in the investigation
or prosecution associated with any matter set forth in Section 4750.
   (f) Any other costs reasonably incurred by a county in connection
with any matter set forth in Section 4750.

4751.5.  Costs incurred by a superior court include all of the
following:
   (a) Costs of any trial or hearing of any matter set forth in
Section 4750, including costs for the preparation of the trial,
pretrial hearing, and the actual trial or hearing.
   (b) Any other costs reasonably incurred by a superior court in
connection with any matter set forth in Section 4750.

4752.  As used in this chapter, reasonable and necessary costs shall
be based upon all operating costs, including the cost of elected
officials, except superior court judges, while serving in line
functions and including all administrative costs associated with
providing the necessary services and securing reimbursement therefor.
Administrative costs include a proportional allowance for overhead
determined in accordance with current accounting practices.

4753.  A city or county shall designate an officer or agency to
prepare a statement of costs that shall be reimbursed under this
chapter.
   The statement shall be sent to the Controller for approval. The
statement may not include any costs that are incurred by a superior
court, as described in Section 4751.5. The Controller shall reimburse
the city or county within 60 days after receipt of the statement or
provide a written statement as to the reason for not making
reimbursement at that time. If sufficient funds are not available,
the Controller shall request the Director of Finance to include any
amounts necessary to satisfy the claims in a request for a deficiency
appropriation.

4753.5.  A superior court shall prepare a statement of costs that
shall be reimbursed under this chapter. The state may not include any
costs that are incurred by a city or county, as described in Section
4751. The statement shall be sent to the Administrative Office of
the Courts for approval and reimbursement.

4754.  As used in this chapter, "prisoner" means any person
committed to a state prison, including a person who has been
transferred to any other facility, has escaped, or is otherwise
absent, but does not include a person while on parole.

4755.  Whenever a person has entered upon a term of imprisonment in
a penal or correctional institution, and whenever during the
continuance of the term of imprisonment there is a detainer lodged
against the prisoner by a law enforcement or prosecutorial agency of
the state or its subdivisions, the Department of Corrections may do
either of the following:
   (a) Release the inmate to the agency lodging the detainer, within
five days, or five court days if the law enforcement agency lodging
the detainer is more than 400 miles from the county in which the
institution is located, prior to the scheduled release date provided
the inmate is kept in custody until the scheduled release date.
   (b) Retain the inmate in custody up to five days, or five court
days if the law enforcement agency lodging the detainer is more than
400 miles from the county in which the institution is located, after
the scheduled release date to facilitate pickup by the agency lodging
the detainer.
   If a person has been retained in custody under this subdivision in
response to the issuance of a warrant of arrest charging a
particular offense and the defendant is released from custody
following the retention period without pickup by the agency lodging
the detainer, a subsequent court order shall be issued before the
arrest of that person for the same offense which was charged in the
prior warrant.
   As used in this section "detainer" means a warrant of arrest.

4758.  (a) A county shall be entitled to reimbursement for
reasonable and necessary costs incurred by the county with respect to
an inmate housed and treated at a state hospital in that county
pursuant to Section 2684, including, but not limited to, any trial
costs related to a crime committed at the hospital by an inmate
housed at the hospital.
   (b) Where an inmate referred for treatment to a state hospital
pursuant to Section 2684 commits a crime during transportation from
prison to the hospital, or commits a crime during transportation from
the hospital to the prison, a county that prosecutes the defendant
shall be entitled to reimbursement for the costs of prosecution.
   (c) No city, county, or other jurisdiction may file, and the state
may not reimburse, a claim pursuant to this section that is
presented to the Department of Corrections and Rehabilitation or to
any other agency or department of the state more than six months
after the close of the month in which the costs were incurred.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.