BILL ANALYSIS Ó
AB 2357
Page 1
Date of Hearing: April 10, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2357 (Galgiani) - As Introduced: February 24, 2012
SUMMARY : Authorizes the Secretary of the California Department
of Corrections and Rehabilitation (CDCR) to temporarily remove
any inmate from prison or any other institution for the
detention of adults under the jurisdiction of CDCR, including,
but not limited to, permitting the inmate to participate in or
assist in the gathering of evidence relating to crimes. The
Secretary may require that the temporary removal be under
custody, and shall not be for a period of longer than three
days. The Secretary may require the inmate to reimburse the
state, in whole or in part, for expenses incurred in connection
with such temporary removal.
EXISTING LAW :
1)Provides that Director of Corrections may authorize the
temporary removal from prison or any other institution for the
detention of adults under the jurisdiction of the Department
of Corrections of any inmate, including removal for the
purpose of attending college classes. The Director 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 of longer than three days. The Director
may require the inmate to reimburse the state, in whole or in
part, for expenses incurred by the state, in whole or in part
for expenses incurred by the state in connection with such
temporary removal other than for medical treatment. (Penal
Code Section 2690.)
2)States that no person imprisoned for a felony sex offense, as
specified, shall be removed or released from the detention
facility where he or she is confined for the purpose of
attending college classes in any city or county nor shall the
person be placed in a community correctional center. No
person under the jurisdiction of the adult court and confined
under the jurisdiction of the Department of the Youth
AB 2357
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Authority for conviction of a felony sex offense, as specified
, shall be removed or released from the place of confinement
for attendance at any educational institution in any city or
county. (Penal Code Section 2961.)
3)Provides that, commencing July 1, 2005, all powers and duties
previously granted to and imposed upon the CDCR shall be
exercised by the Secretary of CDCR, except where those powers
and duties are expressly vested by law in the Board of Parole
Hearings. Whenever a power is granted to the Secretary or a
duty is imposed upon the Secretary, the power may be exercised
or the duty performed by a subordinate officer to the
Secretary or by a person authorized pursuant to law by the
Secretary. (Penal Code Section 5055.)
4)States that the Director of Corrections may prescribe and
amend rules and regulations for the administration of the
prisons and for the administration of parole of persons
sentenced to a determinate sentence. (Penal Code Section
5058.)
FISCAL EFFECT : Unknown
COMMENTS : According to the author, " In January of this year,
Assemblymember Galgiani notified the California Department of
Corrections and Rehabilitation (CDCR) Administration that
convicted 'Speedfreak Killer' and death row inmate Wesley
Shermantine was revealing new information which might lead to
the recovery of murder victims in San Joaquin and Calaveras
Counties. Assemblymember Galgiani informed CDCR Administration
that she had been notified that the FBI Evidence Response Team
was prepared to forensically attempt to recover victims, and she
asked CDCR Administration to initiate contact between federal
and local law enforcement as necessary to begin the recovery
effort.
"At the time, there was a lack of clarity as to whether the CDCR
had statutory authority to initiate the recovery effort by
permitting the temporary removal from prison of the inmate to
identify possible burial sites which then would be searched and
excavated by the FBI Evidence Response Team.
"Local law enforcement officials are requesting that the inmate
be transported by CDCR officials upon request, at a future date.
AB 2357
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However, in a highly sensitive and complex case such as this,
the Secretary of the Department of Corrections and
Rehabilitation should have the authority to act.
"Assembly Bill 2357 makes it explicitly clear that CDCR has the
statutory authority to temporarily remove an inmate for purposes
of assisting in a search and recovery effort in order to
identify possible murder victims and gather other such evidence
of a serial killing.
"The Shermantine situation has raised questions about what law
enforcement agency has the legal authority to initiate or even
participate in the removal of an inmate from prison to aid in an
investigation, in this case the search for the remains of
victims. This clearly calls for a legislative action to clarify
the issue for all of the agencies involved.
"The most important issue here is to make every possible effort
to bring some closure to the families of missing victims and
hopefully some final resolution of this horrific criminal
episode which has haunted San Joaquin County for years. My
legislation, AB 2357, will give the Department of Corrections
and Rehabilitation broad authority to initiate a recovery
effort. I want to guarantee future efforts aren't hindered in
any unforeseen way."
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
California Public Defenders Association
Legal Services for Prisoners with Children
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744