SB 648

Counties

Currently, counties may enter into cooperative agreements with other counties

within the state regarding the building, maintenance, and use of the jails and

rehabilitation facilities to detain prisoners before, during, and after trial. Counties

generally share expenses in accordance with the cooperative agreement, but the

county where a prisoner would be detained without the cooperative agreement

provides transportation of the prisoner to and from court or as otherwise needed.

Under current law, only jails and rehabilitation facilities approved by the

Department of Corrections (DOC) for the detention of prisoners may be used under

the agreement.

Current law also allows DOC to enter into contracts with other states to send

prisoners who are in DOC custody to the other states. Under current law, any

contract allowing for the transfer of a prisoner to another state must contain certain

provisions, including a termination date, provisions regarding the treatment, care,

and transfer of prisoners, prisoner participation in employment programs, reporting

requirements, and retention of jurisdiction in this state over prisoners transferred.

Under this bill, a county in this state may enter into an agreement with a

receiving county outside of the state to pay the receiving county to detain or imprison

county prisoners before, during, and after trial if the other county borders the county

in which the prisoner would otherwise be detained or imprisoned, and the monthly

expenses charged to the county in this state by the receiving county to detain or

imprison the prisoner are at least 25 percent less than the monthly expenses charged

by the county in this state. The bill sets forth certain provisions that any contract

allowing a county to transfer a county prisoner to another state, which generally

mirror the requirements for a contract allowing the transfer of a state prisoner to

another state. Under the bill, any contract between a county in this state and a

receiving county in another state must include a requirement that the Department

of Corrections or its equivalent agency or department in the receiving state approve

the jail or facility in the receiving county to receive prisoners from the county in this

state.

Municipalities

Currently, if a person fails to pay a monetary judgment ordered by a municipal

court, the court may suspend the person's motor vehicle operating privilege for up

to two years under certain conditions, order the assignment of up to 25 percent of the

person's earnings or other money due to the person to pay the judgment, order that

the person be imprisoned for up to 90 days, with each day resulting in a credit of at

least $50 of the unpaid judgment, or a combination of these remedies.

If the court orders that the person be imprisoned, the person is required to be

committed to a jail or house of correction in the county in which the cause of action

arose. Under this bill, if the court orders that the person be imprisoned, the person