Section 2910.5 Of Article 1.5. Transfer Of Prisoners From California Penal Code >> Title 1. >> Part 3. >> Chapter 7. >> Article 1.5.
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.