BILL NUMBER: SB 901 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 11, 2005
AMENDED IN SENATE APRIL 21, 2005
INTRODUCED BY Senator Denham
FEBRUARY 22, 2005
An act relating to state prisons to amend
Sections 1202a, 3600, 3602, and 3603 of, and to add Section 3603.5
to, the Penal Code, relating to prisons, and declaring the urgency
thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 901, as amended, Denham. Prisons.
Existing law establishes a system of state prisons.
This bill would express the intent of the Legislature relative to
the decommissioning and redevelopment of San Quentin State Prison.
This bill would establish requirements for the decommissioning and
redevelopment of San Quentin State Prison. Decommissioning would be
required to be completed not later than December 31, 2010. The bill
would also authorize the Governor to designate which state prison
would house condemned inmates.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1202a of the Penal
Code is amended to read:
1202a.
If the judgment is for imprisonment in the state prison the
judgment shall direct that the defendant be delivered into the
custody of the Director of Corrections at the state prison or
institution designated by the Director of Corrections as the place
for the reception of persons convicted of felonies, except where the
judgment is for death in which case the defendant shall be taken to
the warden of the California State Prison at San Quentin
prison designated for executions pursuant to Section
3603.5 .
Unless a different place or places are so designated by
the Director of Corrections, the judgment shall direct that the
defendant be delivered into the custody of the Director of
Corrections at the California State Prison at San Quentin.
The Director of Corrections shall designate a place or places for the
reception of persons convicted of felonies by order, which order or
orders shall be served by registered mail, return receipt requested,
upon each judge of each superior court in the state. The Director of
Corrections may change the place or places of commitment by the
issuance of a new order. Nothing contained in this section affects
any provision of Section 3400.
SEC. 2. 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 Governor
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 that 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 the prison from which the inmate was
transferred .
(2) Similar attorney-client access procedures that are afforded to
condemned inmates housed or formerly 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 the prison from which the inmate was
transferred 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.
SEC. 3. Section 3602 of the Penal Code
is amended to read:
3602.
Upon the affirmance of her appeal, the female person sentenced to
death shall thereafter be delivered to the warden of the California
state prison designated by the department
Governor for the execution of the death penalty, not earlier
than three days before the day upon which judgment is to be executed;
provided, however, that in the event of a commutation of sentence
said female prisoner shall be returned to the California Institution
for Women, there to be confined pursuant to such commutation.
SEC. 4. Section 3603 of the Penal Code
is amended to read:
3603.
The judgment of death shall be executed within the walls of the
California State Prison at San Quentin , until the Governor
designates a different state prison facility for that
purpose, pursuant to Section 3603.5 .
SEC. 5. Section 3603.5 is added to the
Penal Code , to read:
3603.5.
(a) The California State Prison at San Quentin shall be
decommissioned no later than December 31, 2010. Commencing January
1, 2010, all death-row prisoners be housed, and executions carried
out, in a state prison other than San Quentin. All non-death-row
prisoners shall be moved out of San Quentin by June 30, 2010.
(b) The Governor, after consulting with members of his cabinet,
legislative leaders of both parties, and local government officials,
make a decision no later than March 31, 2007, regarding which prison
shall house death row prisoners and be the site of executions.
(c) The building of a new death row and execution site is exempt
from the California Environmental Quality Act. Bids on building a
new death row and execution site shall be taken beginning September
1, 2007, and closed March 31, 2008. Construction on death row shall
begin immediately after announcement of the winning bid and shall be
completed no later than June 30, 2009.
(d) The land upon which San Quentin sits shall be sold, the
proceeds be exempt from the provisions of Proposition 60a, if it is
approved by the voters, and shall go to building the new death row at
another prison. Bids on the purchase of San Quentin and the land
shall be taken beginning January 1, 2007, and be closed December 31,
2007. Full payment of the purchase price shall be due no later than
June 30, 2008.
(e) The purchaser of San Quentin shall be responsible for
demolishing the prison and all lawful disposal of resulting
materials. The demolition of San Quentin and related activities is
exempted from the California Environmental Quality Act.
(f) The development of residential or commercial facilities, or
both, by the new owner of the site shall be exempted from the
California Environmental Quality Act, provided however, that no
industrial development will be permitted at the site.
SEC. 6.
This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the orderly administration of justice and
promote public safety in regard to condemned inmates, it is necessary
that this act take effect immediately.
SECTION 1.
It is the intent of the Legislature that:
(a) The aging, deteriorating, and unsafe San Quentin State Prison
be decommissioned no later than December 31, 2010. Commencing January
1, 2010, all death-row prisoners be housed, and executions carried
out, in a state prison other than San Quentin. All non-death-row
prisoners be moved out of San Quentin by June 30, 2010.
(b) The Governor, after consulting with members of his Cabinet,
legislative leaders of both parties, and local government officials,
make a decision no later than March 31, 2007, regarding which prison
shall house death-row prisoners and be the site of executions.
(c) The building of a new death row and execution site be exempt
from the California Environmental Quality Act. Bids on building a
new death row and execution site will be taken beginning September 1,
2007, and closed March 31, 2008. Construction on death row will
begin immediately after announcement of the winning bid and shall be
completed no later than June 30, 2009.
(d) The land upon which San Quentin sits will be sold, the
proceeds be exempt from the provisions of Proposition 60a, if it is
approved by the voters, and shall go to building the new death row at
another prison. Bids on the purchase of San Quentin and the land
shall be taken beginning January 1, 2007, and be closed December 31,
2007. Full payment of the purchase price will be due no later than
June 30, 2008.
(e) The purchaser of San Quentin shall be responsible for
demolishing the prison and all lawful disposal of resulting
materials. The demolition of San Quentin and related activities be
exempted from the California Environmental Quality Act.
(f) The development of residential or commercial facilities, or
both, by the new owner of the site will be exempted from the
California Environmental Quality Act, provided however, that no
industrial development will be permitted at the site.