2018 California Code
Penal Code - PEN
PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS
TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
CHAPTER 2 - Control of Crimes and Criminals
ARTICLE 4 - Interstate Corrections Compacts
Section 11191.
(a) Any court or other agency or officer of this state having power to commit or transfer an inmate, as defined in Article II (d) of the Interstate Corrections Compact or of the Western Interstate Corrections Compact, to any institution for confinement may commit or transfer that inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in that institution pursuant to Article III of the Interstate Corrections Compact or of the Western Interstate Corrections Compact.
(b) An inmate sentenced under California law shall not be committed or transferred to an institution outside of this state, unless he or she has executed a written consent to the transfer. The inmate shall have the right to a private consultation with an attorney of his choice, or with a public defender if the inmate cannot afford counsel, concerning his rights and obligations under this section, and shall be informed of those rights prior to executing the written consent. At any time more than five years after the transfer, the inmate shall be entitled to revoke his consent and to transfer to an institution in this state. In such cases, the transfer shall occur within the next 30 days.
(c) Notwithstanding the requirements in this section or Section 11194, the secretary may transfer an inmate to a facility in another state without the consent of the inmate.
(d) Inmates who volunteer by submitting a request to transfer and are otherwise eligible shall receive first priority under this section.
(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
(Amended (as amended by Stats. 2013, Ch. 310, Sec. 17) by Stats. 2016, Ch. 33, Sec. 33. (SB 843) Effective June 27, 2016. Repealed as of January 1, 2020, by its own provisions. See later operative version, as amended by Sec. 34 of Stats. 2016, Ch. 33.)
