BILL NUMBER: AB 175 INTRODUCED
BILL TEXT INTRODUCED BY Assembly Member Donnelly
JANUARY 24, 2011
An act to amend and repeal Section 11191 of the Penal Code, relating to inmates, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 175, as introduced, Donnelly. Inmates: transfers. Existing law, operative until July 1, 2011, or until the Department of Corrections and Rehabilitation has replaced temporary beds, as defined, authorizes any court, agency, or officer having power to commit or transfer an inmate, to any institution for confinement, to commit or transfer that inmate to any institution within or without this state if this state has contracted for the confinement of inmates in that institution pursuant to one of 2 specified compacts. Existing law provides that at any time more than 5 years after the transfer, the inmate shall be entitled to revoke consent and to transfer to an institution in this state. Existing law prohibits the transfer or commitment of an inmate with serious medical or mental health conditions, as determined by the Plata Receiver, or an inmate in the mental health delivery system, as specified, to an institution outside of this state unless he or she has executed a written consent to the transfer.
This bill would remove the inmate's right to revoke his or her consent and make other conforming changes. The bill would delete the sunset date on existing law and make the above provision operative indefinitely.
Existing law, operative on July 1, 2011, or at such time that the department has replaced temporary beds, in addition to the provisions operative until July 1, 2011, prohibits inmates to be committed or transferred to an institution outside this state unless he or she has executed a written consent to the transfer and omits the provision above regarding inmates with medical conditions.
This bill would repeal the provision that becomes operative on July 1, 2011.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
See this bill online at: www.legalinfo.ca.gov