BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 99|
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THIRD READING
Bill No: AB 99
Author: Cox (R)
Amended: 7/21/04 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 6/22/04
AYES: McPherson, Vasconcellos, Margett, Romero
NO VOTE RECORDED: Burton, Sher
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : State Department of Corrections: criminal
procedure
SOURCE : California District Attorneys Association
DIGEST : This bill authorizes the State Department of
Corrections to arrange for all court appearances that they
determine to conduct by two-way electronic audiovideo
communication, to be conducted in that manner.
ANALYSIS :
Existing law:
1. Provides that the State Department of Corrections (DOC)
may arrange for the initial court appearance and
arraignment for any defendant currently incarcerated in
a state prison to be made by two-way electronic
CONTINUED
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audiovideo communication. [Section 977.2 of the Penal
Code]
2. Provides that the availability of two-way electronic
audiovideo equipment shall not be interpreted to
eliminate the authority of the court to issue an order
requiring the defendant to be physically present in the
courtroom in those cases where the court finds
circumstances that require the physical presence of the
defendant in the courtroom.
3. Provides that if the defendant is represented by
counsel, the attorney shall be present with the
defendant at the initial court appearance and
arraignment, and may enter a plea during the
arraignment. However, if the defendant is represented
by counsel at an initial hearing in superior court in a
felony case, and if the defendant does not plead guilty
or nolo contendere to any charge, the attorney shall be
present with the defendant or if the attorney is not
present with the defendant, the attorney shall be
present in court during the hearing.
4. Provides that in lieu of the physical presence of the
defendant's counsel at the institution with the
defendant, the court and the DOC shall establish a
confidential telephone and facsimile transmission line
between the court and the institution for communication
between the defendant's counsel in court and the
defendant at the institution. In this case, counsel for
the defendant shall not be required to be physically
present at the institution during the initial court
appearance and arraignment via electronic audiovideo
communication. Nothing in this section shall be
construed to prohibit the physical presence of the
defense counsel with the defendant at the state prison.
This bill:
1. Authorizes the DOC to arrange for all court appearances
in superior court, except for preliminary hearings,
trials, judgment and sentencing, and motion to suppress,
to be conducted by two-way electronic video
communication.
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2. Requires the DOC to arrange for two-way electronic
audiovideo communication between the superior court and
any state prison facility located in the county for
those court appearances that the DOC determines to
conduct by two-way electronic audiovision communication.
3. Requires the DOC to provide properly maintained
equipment and adequately trained staff at the prison and
courts to ensure that consistently effective two-way
communication is provided between the prison facility
and the courtroom for all appearances that the DOC
determines to conduct by two-way electronic audiovideo
communication in superior court, except for the
preliminary hearings, trial, judgment and sentencing,
and motions to suppress.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/21/04)
California District Attorneys Association (source)
Marin County District Attorney
Sacramento County District Attorney
Solano County District Attorney
OPPOSITION : (Verified 7/21/04)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT : Writing in support of the bill,
the Sacramento County District Attorney states:
"In recent memory in Sacramento court cases, there have
been a number of assaults by prison inmates, in
addition to threats, during their time out to court.
One prosecutor was stabbed in the face with a pencil, a
defense attorney was stabbed with a prison-made knife,
and another defense attorney was head-butted during
court appearances. There have been two prison inmates
stabbed by other prison inmates during transportation
from holding cells to courtrooms. And, there have been
numerous weapons and other contraband found during
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transportation from prison to court.
"There are also instances of inmates refusing to leave
their prison cells to be transported to court. These
refusing inmates are reportedly motivated by a variety
of reasons including, but not limited to, being afraid
of being 'hit' during transportation by 'enemy' inmates
as well as being upset by numerous court appearances
after the initial
'amusement' has worn off in the early stages of the
case. These refusals result in court orders
authorizing correction staff to forcibly extract
inmates from their cells subjecting staff to injuries
during the cell extraction process.
"Numerous scheduled court appearances provide
opportunities for 'gang business' to be conducted
during time out to court between inmate defendants
and/or inmate witnesses. These meetings during times
out to court between leaders or their emissaries
concern various aspects of 'gang business' including,
but not limited to, the narcotics trade, the
authorization of 'hits,' the execution of 'hits,' and
other communications of prison and street gang
business. And, of course, each transportation to court
provides another opportunity for inmate escapes
exposing substantial risks of violence to the community
at large.
"AB 99 will provide considerable costs savings to the
Department of Corrections and greatly increase public
safety by substantially reducing the number of inmate
transportations to court. At the same time, it will
scrupulously protect the due process rights of state
prison inmate defendants."
ARGUMENTS IN OPPOSITION : The California Attorneys for
Criminal Justice, in opposition of the bill, state:
"This bill would require the use of televised, rather
than in-person appearances, for all defendants who are
incarcerated in state prison, for all court appearances
other than trial and preliminary hearing.
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"?When a defendant must appear in court by way of
two-way audio-visual hook-ups, defense attorneys have
found that communication with the client becomes very
difficult. If the attorney is with the defendant, at
the prison, their ability to see and hear what is said
and done in the courtroom is severely limited. Also,
clients do not feel safe to speak freely with counsel
in such a setting. When the attorney is in the
courtroom, these communication problems are even worse.
The defendant feels isolated from the process, and
communication between counsel is greatly compromised.
It should also be noted that the bill will almost
certainly add unnecessary costs, and time, to the
proceedings.
RJG:mel 7/21/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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