BILL NUMBER: SB 162	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Lieu

                        FEBRUARY 1, 2013

   An act to add Section 2690.5 to the Penal Code, relating to
prisoners.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 162, as amended, Lieu. Prisoners: temporary removal.
   Under existing law, 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.
   Existing law authorizes the superior court, when it is necessary
to have a prisoner brought before any court to be tried for a felony,
or for other limited purposes, to order the prisoner's temporary
removal from prison, and the prisoner's production before the court,
grand jury, or magistrate. Existing law additionally authorizes the
superior court, when the testimony of a material witness is required
in a criminal action, as specified, and the witness is a prisoner in
 a   the  state prison, to order the
prisoner's temporary removal from prison, and the prisoner's
production before the court, grand jury, or magistrate.
   This bill would authorize the superior court to order the
temporary removal of a prisoner from a state prison facility, and his
or her transportation to a county or city jail, if a legitimate law
enforcement purpose exists to move the prisoner. The bill would
 require   authorize  the order to be
 made   issued,  at the discretion of the
court,  and only upon the affidavit of   upon a
finding of good cause in an affidavit by  the requesting
district attorney or peace officer  , as specified  . The
bill would make the expense of executing the order a proper charge
against, and require payment by, the county in which the order is
made.    The bill would provide that the state is not
liable for any claim of damage, or for the injury or death of any
person, including a prisoner, that occurs during the temporary
removal of a prisoner, or the transportation of a prisoner by a local
law enforcement agency for the purpose of temporary removal, from a
state prison facility pursuant to these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2690.5 is added to the Penal Code, to read:
   2690.5.  (a) The superior court of the county in which a
requesting district attorney or peace officer has jurisdiction may
order the temporary removal of a prisoner from a state prison
facility, and his or her transportation to a county or city jail, if
a legitimate law enforcement purpose exists to move the prisoner. An
order for the temporary removal of a prisoner  shall
  may  be issued  ,  at the discretion of
the court,  and only upon the affidavit of  
upon a finding of good cause in an affidavit by  the requesting
district attorney or peace officer stating that the law enforcement
purpose is legitimate and necessary.  The order for the temporary
removal of a prisoner to a county or city jail shall not exceed 30
days. Extensions of an order may be granted, but only upon
application for an extension made in accordance with this section.
The period of extension shall be no longer than the authorizing judge
deems necessary to achieve the purposes for which it was granted,
and shall not exceed an additional 30-day period beyond the initial
period specified in the order for temporary removal. 
   (b) An order for the temporary removal of a prisoner shall include
all of the following:
   (1) A recitation of the purposes for which the prisoner is to be
brought to the county or city jail.
   (2) The affidavit of the requesting district attorney or peace
officer stating that the law enforcement purpose is legitimate and
necessary.  The affidavit shall be supported by facts
establishing good cause. 
   (3) The signature of the judge or magistrate making the order.
   (4) The seal of the court, if any. 
   (c) Upon the request of a district attorney or peace officer for a
court order for the temporary removal of a prisoner from a state
prison facility pursuant to this section, the court may, for good
cause, seal an order made pursuant to this section, unless a court
determines that the failure to disclose the contents of the order
would deny a fair trial to a charged defendant in a criminal
proceeding.  
   (c) 
    (d)  An order for the temporary removal of a prisoner
shall be executed  presumptively by the sheriff of the
county in which the order is issued. It shall be the duty of the
sheriff to bring the prisoner to the proper county or city jail, to
safely retain the prisoner, and to return the prisoner to the state
prison facility when he or she is no longer required for the stated
law enforcement purpose.  The prisoner shall be returned no later
than 30 days after his or her removal from the state prison facility
or no later than 30 days after the date of an order authorizing an
extension pursuant to subdivision (a).  The expense of executing
the order shall be a proper charge against, and shall be paid by,
the county in which the order is made.  The presumption that the
transfer will be effectuated by the sheriff of the county in which t
  he transfer order is made may be overcome upon  
application of the investigating officer or prosecuting attorney
stating the name of each peace officer who will conduct the
transportation of the prisoner.  
   (d) 
    (e)  If a prisoner is removed from a state prison
facility pursuant to an order in accordance with this section, the
prisoner shall remain at all times in the constructive custody of the
warden of the state prison facility  from which the prisoner was
removed  . During the temporary removal, the prisoner may be
ordered to appear in other felony proceedings as a defendant or
witness in the superior court of the county from which the original
order for the temporary removal was issued. A copy of the written
order directing the prisoner to appear before the superior court
shall be forwarded by the district attorney to the warden of the
prison having custody of the prisoner. 
   (f) The state is not liable for any claim of damage, or for the
injury or death of any person, including a prisoner, that occurs
during either of the following:  
   (1) The temporary removal of a prisoner from a state prison
facility pursuant to this section.  
   (2) The transportation of a prisoner by a local law enforcement
agency for the purpose of temporary removal from a state prison
facility pursuant to this section.