29550.6.

 (a) A city or county shall be reimbursed by the Department of Corrections for costs incurred resulting from the detention of a state prisoner, a person sentenced or referred to the state prison, or a parolee and from parole revocation proceedings when the detention meets any of the following conditions:

(1) The detention relates to a violation of the conditions of parole or the rules and regulations of the Director of Corrections and does not relate to a new criminal charge.

(2) The detention is pursuant to (A) an order of the Board of Prison Terms under the authority granted by Section 3060 of the Penal Code; (B) an order of the Governor under the authority granted by Section 3062 of the Penal Code; or (C) an exercise of a state parole or correctional officer’s peace officer powers as specified in Section 830.5 of the Penal Code.

(3) Security services and facilities are provided for hearings which that are conducted by the Board of Prison Terms to revoke parole.

(4) The detention results from a new commitment, or a referral pursuant to Section 1203.03 of the Penal Code, 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 of the Penal Code, 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.

(b) (1) A city or county shall be reimbursed by the department for costs incurred pursuant to paragraphs (1), (2), and (4) of subdivision (a). The amount of reimbursement shall not exceed 95 percent of the state per diem costs associated with housing similar types of inmates in state prisons.

(2) At the end of each fiscal year, the department shall determine the state per diem costs of housing similar types of inmates in the state prison system. The state per diem costs calculated pursuant to the audit shall be used to reconcile overpayments and underpayments made to a city or county in the preceding fiscal year, and the state per diem costs shall be used as the basis for reimbursement payments made in the subsequent fiscal year.

(c) 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 of the Penal Code, only if the county is failing to make reasonable efforts to correct differences, with consideration given to the resources available for those purposes.

(d) For the purposes of this section, “costs incurred resulting from the detention” shall include the same cost factors as are utilized by the Department of Corrections in determining the cost of prisoner care in state correctional facilities.