BILL NUMBER: SB 771	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 5, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 22, 2013

   An act to amend, repeal, and add 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, until January 1,  2014   2015
 , 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.  (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 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.
   (b) This section shall be repealed on January 1,  2014
  2015  .
  SEC. 2.  Section 2690 is added to the Penal Code, to read:
   2690.  (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   2015  .
  SEC. 3.  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.