§ 2910.5. — 2910.5. (Amended by Stats. 1991, Ch. 1100, Sec. 4.)

California § 2910.5.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 1.
• Part 3.: TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS
• Ch. 7.: CHAPTER 7. Execution of Sentences of Imprisonment
• Art. 1.5.: ARTICLE 1.5. Transfer of Prisoners

Text

(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.

Legislative History

Amended by Stats. 1991, Ch. 1100, Sec. 4.