Section 2903 Of Article 1. Commencement Of Term From California Penal Code >> Title 1. >> Part 3. >> Chapter 7. >> Article 1.
2903
. (a) In any case in which a woman offender can be sentenced to
imprisonment in the county jail, or be required to serve a term of
imprisonment therein as a condition of probation, or has already been
so sentenced or imprisoned, the court which tried the offender may,
with the consent of the offender and on application of the sheriff or
on its own motion, with the consent of the offender, commit the
offender to the sheriff with directions for placement in the
California Institution for Women in lieu of placement in the county
jail if the court finds that the local detention facilities are
inadequate for the rehabilitation of the offenders and if the court
concludes that the offender will benefit from that treatment and care
as is available at that institution and the county has entered into
a contract with the state under subdivision (b). The offenders may be
received by the Director of Corrections and imprisoned in the
California Institution for Women in accordance with the commitment of
the court by which tried. The prisoners so confined shall be subject
in all respects to discipline, diagnosis, and treatment as though
committed under the laws of this state concerning felony prisoners.
(b) The Director of Corrections may enter into contracts, with the
approval of the Director of General Services, with any county in
this state, upon request of the board of supervisors thereof, wherein
the Department of Corrections agrees to furnish diagnosis and
treatment services and detention for selected women county prisoners.
The county shall reimburse the state for the cost of the services,
the cost to be determined by the Director of Finance. In any contract
entered into pursuant to this subdivision, the county shall agree to
pay that amount which is reasonably necessary for payment of an
allowance to each released or paroled prisoner for transportation to
the prisoner's county of residence or county where employment is
available, and may agree to provide suitable clothing and a cash
gratuity to the prisoners in the event that they are discharged from
that institution because of parole or completion of the term for
which they were sentenced. Each county auditor shall include in his
state settlement report rendered to the Controller in the months of
January and June the amounts due under any contract authorized by
this section, and the county treasurer, at the time of settlement
with the state in those months, shall pay to the State Treasurer upon
order of the Controller, the amounts found to be due.
(c) The Department of Corrections shall accept the women county
prisoners if it believes that they can be materially benefited by the
confinement, care, treatment and employment and if adequate
facilities to provide the care are available. None of those persons
shall be transported to any facility under the jurisdiction of the
Department of Corrections until the director has notified the
referring court that the person may be transported to the California
Institution for Women and the time at which she can be received.
(d) The sheriff of the county in which an order is made placing a
woman county prisoner pursuant to this section, or any other peace
officer designated by the court, shall execute the order placing the
person in the institution or returning her therefrom to the court.
The expenses of the peace officer incurred in executing the order is
a charge upon the county in which the court is situated.
(e) The Director of Corrections may return to the committing
authority any woman prisoner transferred pursuant to this section
when that person is guilty of any violation of rules and regulations
of the California Institution for Women or the Department of
Corrections.
(f) No woman prisoner placed in the California Institution for
Women pursuant to this section shall thereafter be deemed to have
been guilty of a felony solely by virtue of such placement, and she
shall have the same rights to parole and to time off for good
behavior as she would have had if she had been confined in the county
jail.