SB 771, as introduced, 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 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 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2690 of the Penal Code is amended to
2read:
begin delete(a)end deletebegin delete end deleteThe Secretary of the Department of Corrections and
4Rehabilitation may authorize the temporary removal of any inmate
5from prison or any other institution for the detention of adults
6under the jurisdiction of the Department of Corrections and
7Rehabilitation, including removal for the purpose of attending
8college classesbegin insert or permitting the inmate to participate in or assist
9with the gathering of evidence relating to crimesend insert. The secretary
10may require that the temporary removal be under custody. Unless
11the inmate is removed for medical treatment, the removal shall not
12be
for a period longer than three days. The secretary may requirebegin insert,
13except when the removal is for medical treatment or to assist with
14the gathering of evidence related to crimes,end insert the inmate to reimburse
15the state, in whole or in part, for expenses incurred by the state in
16connection with the temporary removalbegin delete other than for medical .
17treatmentend delete
18(b) This section shall become operative on January 1, 2013.
end deleteThis act is an urgency statute necessary for the
20immediate preservation of the public peace, health, or safety within
21the meaning of Article IV of the Constitution and shall go into
22immediate effect. The facts constituting the necessity are:
23In order to enable law enforcement agencies to obtain important
24evidence regarding serious crimes, including murder and
25kidnapping, from inmates as soon as possible, it is necessary that
26this act take effect immediately.
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