Upshaw v. Superior Court

Upshaw, charged Upshaw with special circumstance murder, was arrested and booked into custody at Santa Rita Jail, then the only Alameda County detention facility for female inmates. Upshaw and her co-defendant, Burks, are housed in Unit 21 because of their gender and “maximum security” classification. There is a “keep separate order” for Burks and Upshaw. Upshaw moved for transfer to a jail in a contiguous county under Penal Code sections 4004 and 4007, arguing that SRJ could not offer her access to rehabilitative programs provided to similarly situated male inmates; her personal safety was at risk; and SRJ could not provide her with adequate access to counsel. Upshaw’s attorney averred the keep separate order precluded Upshaw from participating in work and rehabilitative programs. The prosecutor did not oppose the request. After the sheriff testified, refuting Upshaw’s claims and noting the additional expenses that would result from a transfer, the court denied Upshaw’s request. The court of appeal affirmed. Penal Code section 4004 does not address transfers; section 4007 authorizes a court to transfer a prisoner to a contiguous county upon a showing the current jail is unsafe for confinement but requires the prisoner to exhaust administrative remedies, which Upshaw did not do. View "Upshaw v. Superior Court" on Justia Law