BILL NUMBER: AB 2357	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 5, 2012
	PASSED THE ASSEMBLY  JULY 5, 2012
	AMENDED IN SENATE  JUNE 28, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN ASSEMBLY  APRIL 18, 2012

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 24, 2012

   An act to amend, repeal, and add Section 2690 of the Penal Code,
relating to inmates, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2357, Galgiani. Inmates: temporary removal.
   Existing law authorizes the Secretary of the Department of
Corrections and Rehabilitation to temporarily remove any inmate from
prison or any other institution for the detention of adults under the
jurisdiction of the Department of Corrections and Rehabilitation,
including, but not limited to, removal for the purpose of attending
college classes. Existing law provides that, unless the inmate is
removed for medical treatment, the removal shall not be for a period
longer than 3 days. Existing law also authorizes the secretary to
require the inmate to reimburse the state, in whole or in part, for
expenses incurred by the state in connection with the temporary
removal, other than for medical treatment.
   This bill would, until January 1, 2013, additionally authorize the
Secretary of the Department of Corrections and Rehabilitation to
temporarily remove any inmate from prison or any other institution
for the detention of adults under the jurisdiction of the department
for the purpose of permitting the inmate to participate in or assist
with the gathering of evidence relating to crimes, and would, until
January 1, 2013, authorize the secretary to require, except when the
removal is for medical treatment or to assist with the gathering of
evidence relating to crimes, the inmate to reimburse the state for
its reasonable expenses incurred in connection with the temporary
removal. The bill would also make technical changes.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2690 of the Penal Code is amended to read:
   2690.  (a) The Secretary of the Department of Corrections and
Rehabilitation may authorize the temporary removal of any inmate from
prison or any other institution for the detention of adults under
the jurisdiction of the Department of Corrections and Rehabilitation,
including, but not limited to, removal for the purpose of attending
college classes or permitting the inmate to participate in or assist
with the gathering of evidence relating to crimes. The secretary may
require that the temporary removal be under custody. Unless the
inmate is removed for medical treatment, the removal shall not be for
a period longer than three days. The secretary may require, except
when the removal is for medical treatment or to assist with the
gathering of evidence relating to crimes, the inmate to reimburse the
state, in whole or in part, for the reasonable expenses incurred by
the state in connection with the temporary removal.
   (b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
  SEC. 2.  Section 2690 is added to the Penal Code, to read:
   2690.  (a) The Secretary of the Department of Corrections and
Rehabilitation may authorize the temporary removal of any inmate from
prison or any other institution for the detention of adults under
the jurisdiction of the Department of Corrections and Rehabilitation,
including removal for the purpose of attending college classes. The
secretary may require that the temporary removal be under custody.
Unless the inmate is removed for medical treatment, the removal shall
not be for a period longer than three days. The secretary may
require the inmate to reimburse the state, in whole or in part, for
expenses incurred by the state in connection with the temporary
removal other than for medical treatment.
   (b) This section shall become operative on January 1, 2013.
  SEC. 3.  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 enable law enforcement agencies to obtain important
evidence regarding serious crimes, including murder and kidnapping,
from inmates as soon as possible, it is necessary that this act take
effect immediately.