BILL NUMBER: SB 162 CHAPTERED
BILL TEXT
CHAPTER 56
FILED WITH SECRETARY OF STATE JULY 3, 2013
APPROVED BY GOVERNOR JULY 3, 2013
PASSED THE SENATE MAY 6, 2013
PASSED THE ASSEMBLY JUNE 24, 2013
AMENDED IN SENATE MAY 1, 2013
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, 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 and the witness is a prisoner in 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
authorize the order to be issued, at the discretion of the court,
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 period in which the prisoner is in the exclusive
control of a local law enforcement agency.
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 may be issued, at the
discretion of the court, 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.
(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 the 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.
(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 the period in which the prisoner is in the exclusive control
of a local law enforcement agency pursuant to this section.