Section 4016.5 Of Chapter 1. County Jails From California Penal Code >> Title 4. >> Part 3. >> Chapter 1.
4016.5
. A city or county shall be reimbursed by the Department of
Corrections and Rehabilitation for costs incurred resulting from the
detention of a state prisoner or a person sentenced or referred to
the state prison when the detention meets any of the following
conditions:
(a) (1) The detention results from a new commitment, or a referral
pursuant to Section 1203.03, once the abstract of judgment has been
completed, the department's intake control unit has been notified by
the county that the prisoner is ready to be transported pursuant to
Section 1216, and the department is unable to accept delivery of the
prisoner. The reimbursement shall be provided for each day starting
on the day following the fifth working day after the date of
notification by the county, if the prisoner remains ready to be
delivered and the department is unable to receive the prisoner. If a
county delivers or attempts to deliver a person to the department
without the prior notification required by this paragraph, the date
of the delivery or attempted delivery shall be recognized as the
notification date pursuant to this paragraph. The notification and
verification required by the county for prisoners ready to be
transported, and reimbursement provided to the county for prisoners
that the department is unable to receive, shall be made pursuant to
procedures established by the department.
(2) A city or county shall be reimbursed by the department from
funds appropriated in Item 5240-001-0001 of the annual Budget Act for
costs incurred pursuant to this subdivision.
(3) The reimbursement required by this section shall be expended
for maintenance, upkeep, and improvement of jail conditions,
facilities, and services. Before the county is reimbursed by the
department, the total amount of all charges against that county
authorized by law for services rendered by the department shall be
first deducted from the gross amount of reimbursement authorized by
this section. The net reimbursement shall be calculated and paid
monthly by the department. The department shall withhold all or part
of the net reimbursement to a county whose jail facility or
facilities do not conform to minimum standards for local detention
facilities as authorized by Section 6030 only if the county is
failing to make reasonable efforts to correct differences, with
consideration given to the resources available for those purposes.
(4) "Costs incurred resulting from the detention," as used in this
section, shall include the same cost factors as are utilized by the
Department of Corrections and Rehabilitation in determining the cost
of prisoner care in state correctional facilities.
(b) 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.
(c) The changes to this section made by the act that added this
subdivision shall be effective on October 1, 2011.