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AB 994

County jails.

2025-2026 Regular Session Introduced by Heather Hadwick

Allows a state-prison inmate facing a new charge to request pretrial detention be served at a nearby or current state prison, if space allows and sheriff agrees.

In committee: Held under submission.
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Bill Summary · AB 994

AB 994 (Hadwick) — County jails (amendment to Penal Code §4007)

Status: In committee — Held under submission (Assembly Appropriations)
Introduced: Feb 20, 2025

Purpose / intent

AB 994 amends Penal Code section 4007 to expand circumstances in which pretrial detention for a newly alleged offense by a person already committed to state prison may occur in a state prison rather than in a county jail. The change is aimed at allowing pretrial confinement to be served at an appropriate state prison (including the prison where the person is currently confined) when requested and space is available, subject to existing pretrial-release eligibility.

Key provisions

  • Amends Penal Code §4007 and adds a new subdivision (f) that:
    • Permits a person currently committed to a California state prison who is alleged to have committed a new offense to request—after consultation with counsel—that any pretrial confinement for the new charge that would otherwise be served in a county jail be served at the nearest state prison that can secure confinement, or at the state prison where the person is currently housed.
    • Requires such requests to be made in court or through counsel.
    • Conditions transfers on (1) availability of space in the state prison and (2) the request of the county sheriff, and disallows the option if the person is eligible for and obtains pretrial release.
  • Leaves intact existing provisions in §4007 authorizing:
    • Sheriff removal of prisoners to state prison for safekeeping where escape or forcible removal is reasonably feared.
    • Superior court designation (with CDCR consent) of a state prison/correctional facility for prisoners who pose a threat to jail safety or who require hospital-level medical care that county facilities cannot provide.
    • Procedural protections for transferred prisoners (filing of written order, 48‑hour hearing to continue or rescind transfer, right to counsel and to be present, ability to waive hearing).
  • Continues existing fiscal language that rates for medical treatment/confinement in state facilities are established by CDCR and charged to the requesting county.

Who is affected

  • Primary: incarcerated persons already in state prison who face new criminal charges and would otherwise be detained at county jails pretrial.
  • Secondary: county sheriffs and jails, California Department of Corrections and Rehabilitation (CDCR) / state prisons (space and operations), county governments (potential cost responsibilities), defense counsel and courts.
  • Indirect: victims, families, and legal service providers (access/visitation/transportation effects).

Procedural / timeline notes

  • Referred to Assembly Public Safety and later to Appropriations; amended in committee. Last recorded action: held under submission in Appropriations (May 23, 2025).
  • Fiscal Committee review indicated (fiscal committee: YES), though bill states “Appropriation: NO.”

Potential impacts and considerations

  • Operational: may reduce county jail population/transport needs in some cases but could impose space and logistical demands on CDCR.
  • Fiscal: potential costs or cost-shifting between counties and CDCR (bill preserves charging counties for confinement/medical rates in current §4007 subsections).
  • Legal/practical: could affect defendants’ access to counsel, family visits, court appearance logistics, and local jail management; interplay between a prisoner’s request and the county sheriff’s discretionary request may create administrative or procedural complexity.
  • Due process safeguards from existing §4007 (prompt hearing, counsel, right to be present) remain in effect for transfers arising under other subsections.

If you want, I can produce a side‑by‑side comparison of current §4007 vs. the AB 994 amended text or draft talking points for stakeholders (counties, CDCR, defense bar).

Compiled from official sources — confirm details with the bill’s official record.

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