Amended in Senate April 1, 2013

Senate Bill No. 771

Introduced by Senator Galgiani

February 22, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

SB 771, as amended, 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 begin insert , until January end insert begin insert 1, 201 end insert begin insert 4, end insert 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 1.  

Section 2690 of the Penal Code is amended to
read:

2690.  

begin insert (a) end insert begin insert   end insert 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 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 related to crimes, the inmate to reimburse
the state, in whole or in part, for expenses incurred by the state in
connection with the temporary removal.

begin insert

(b) This section shall be repealed on January 1, 2014.

end insert

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 2690 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 2690. end insert   

(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, 2014.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.