BILL NUMBER: AB 1460 CHAPTERED 10/14/01 CHAPTER 934 FILED WITH SECRETARY OF STATE OCTOBER 14, 2001 APPROVED BY GOVERNOR OCTOBER 14, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 PASSED THE ASSEMBLY SEPTEMBER 12, 2001 AMENDED IN SENATE JULY 17, 2001 AMENDED IN SENATE JULY 2, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY MAY 17, 2001 AMENDED IN ASSEMBLY MARCH 28, 2001 INTRODUCED BY Assembly Member Nation (Coauthor: Assembly Member Briggs) FEBRUARY 23, 2001 An act to amend Section 3600 of the Penal Code, relating to capital punishment. LEGISLATIVE COUNSEL'S DIGEST AB 1460, Nation. Capital punishment. Existing law requires that a male person upon whom the sentence of death has been imposed be delivered to the warden of the prison where the execution is to occur and kept there until the judgment is carried out. This bill would permit an inmate upon whom the sentence of death has been imposed and who commits certain offenses or whose medical or mental health needs are so critical as to endanger the inmate or others to be housed in either secure condemned housing or an institution appropriate for medical or mental health treatment, as specified. This bill would provide that attorney-client access procedures shall be afforded to inmates housed in secure condemned housing or an institution for medical or mental health treatment, as specified. This bill would also require an inmate placed in these alternative housing situations to be returned to San Quentin State Prison at least 60 days before his scheduled date of execution. The bill would further provide that the condemned housing program at California State Prison, Sacramento, shall be fully operational prior to the transfer of any condemned inmate; those local procedures relating to specified privileges and classification procedures provided to Grade B condemned inmates at San Quentin State Prison shall be similarly instituted at California State Prison, Sacramento, for specified condemned inmates; no more than 15 condemned inmates may be rehoused; and prior to any relocation of condemned row from San Quentin State Prison, all maximum security Level IV, 180-degree housing unit facilities with an electrified perimeter shall be evaluated by the Department of Corrections for suitability for the secure housing and execution of condemned inmates. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3600 of the Penal Code is amended to read: 3600. (a) Every male person, upon whom has been imposed the judgment of death, shall be delivered to the warden of the California state prison designated by the department for the execution of the death penalty, there to be kept until the execution of the judgment, except as provided in subdivision (b). (b) Notwithstanding any other provision of law: (1) A condemned inmate who, while in prison, commits any of the following offenses, or who, as a member of a gang or disruptive group, orders others to commit any of these offenses, may, following disciplinary sanctions and classification actions at San Quentin State Prison, pursuant to regulations established by the Department of Corrections, be housed in secure condemned housing designated by the Director of Corrections, at the California State Prison, Sacramento: (A) Homicide. (B) Assault with a weapon or with physical force capable of causing serious or mortal injury. (C) Escape with force or attempted escape with force. (D) Repeated serious rules violations that substantially threaten safety or security. (2) The condemned housing program at California State Prison, Sacramento, shall be fully operational prior to the transfer of any condemned inmate. (3) Specialized training protocols for supervising condemned inmates shall be provided to those line staff and supervisors at the California State Prison, Sacramento, who supervise condemned inmates on a regular basis. (4) An inmate whose medical or mental health needs are so critical as to endanger the inmate or others may, pursuant to regulations established by the Department of Corrections, be housed at the California Medical Facility or other appropriate institution for medical or mental health treatment. The inmate shall be returned to the institution from which the inmate was transferred when the condition has been adequately treated or is in remission. (c) When housed pursuant to subdivision (b) the following shall apply: (1) Those local procedures relating to privileges and classification procedures provided to Grade B condemned inmates at San Quentin State Prison shall be similarly instituted at California State Prison, Sacramento, for condemned inmates housed pursuant to paragraph (1) of subdivision (b) of Section 3600. Those classification procedures shall include the right to the review of a classification no less than every 90 days and the opportunity to petition for a return to San Quentin State Prison. (2) Similar attorney-client access procedures that are afforded to condemned inmates housed at San Quentin State Prison shall be afforded to condemned inmates housed in secure condemned housing designated by the Director of Corrections, at the California State Prison, Sacramento. Attorney-client access for condemned inmates housed at an institution for medical or mental health treatment shall be commensurate with the institution's visiting procedures and appropriate treatment protocols. (3) A condemned inmate housed in secure condemned housing pursuant to subdivision (b) shall be returned to San Quentin State Prison at least 60 days prior to his scheduled date of execution. (4) No more than 15 condemned inmates may be rehoused pursuant to paragraph (1) of subdivision (b). (d) Prior to any relocation of condemned row from San Quentin State Prison, whether proposed through legislation or any other means, all maximum security Level IV, 180-degree housing unit facilities with an electrified perimeter shall be evaluated by the Department of Corrections for suitability for the secure housing and execution of condemned inmates.