BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 771|
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THIRD READING
Bill No: SB 771
Author: Galgiani (D)
Amended: 4/1/13
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/23/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/6/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Inmates: temporary removal
SOURCE : Author
DIGEST : This bill specifies that one of the reasons for which
the Secretary of the Department of Corrections and
Rehabilitation (CDCR) can order a state prisoner temporarily
removed from a state prison is to participate in or assist with
the gathering of evidence relating to crimes, as specified. The
provisions of this bill sunset on January 1, 2014.
ANALYSIS : Existing law provides that the Secretary of CDCR
may authorize the temporary removal of any inmate from prison or
any other institution for the detention of adults under the
jurisdiction of CDCR, 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
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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:
1. Revises this statute to expressly include permitting the
inmate to participate in or assist with the gathering of
evidence relating to crimes.
2. Provides that the section's existing provision concerning the
inmate's reimbursement to the state does not apply to cases
when the removal is for medical treatment or to assist with
the gathering of evidence related to crimes.
3. Provides that these provisions would go into effect as an
urgency measure, and sunsets on January 1, 2014.
Prior Legislation
AB 2357 (Galgiani Chapter 145, Statutes of 2012) specifies that
one of the reasons for which the Secretary of CDCR could order a
state prisoner temporarily removed from a state prison is to
participate in or assist with the gathering of evidence relating
to crimes. The provisions of this bill sunset on January 1,
2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, potential
increased custody and transportation costs to the CDCR, likely
less than $50,000 (General Fund) for authorizations for
temporary removal from prison.
SUPPORT : (Verified 5/7/13)
Crime Victims Action Alliance
OPPOSITION : (Verified 5/7/13)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT : The author states:
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In January of 2012, Senator Galgiani notified the California
Department of Corrections and Rehabilitation (CDCR)
Administration that death row inmate Wesley Shermantine was
revealing new information which might lead to the recovery
of murder victims in San Joaquin and Calaveras Counties. At
the time, there was a lack of clarity as to whether the CDCR
had statutory authority to initiate the recovery effort by
permitting the temporary removal from prison of the inmate
to identify possible burial sites which then would be
searched and excavated by the FBI Evidence Response Team.
Senate Bill 771 makes it explicitly clear that the
California Department of Corrections and Rehabilitation has
the statutory authority to temporarily remove an inmate for
purposes of assisting in a search and recovery effort in
order to identify possible murder victims and gather other
such evidence.
ARGUMENTS IN OPPOSITION : California Attorneys for Criminal
Justice writes, "Current law allows for the temporary removal of
inmates to assist with the gathering of evidence or for the
purpose of attending college classes and requires the inmate to
provide reimbursement if the removal is not related to medical
needs or assisting in gather evidence. SB 771 expands the
requirement for inmates to reimburse state costs for assisting
with the gathering of evidence related to crimes. Requiring
inmates who may have some financial assets to pay for their
temporary removal for purposes of providing or assisting in
gather evidence could cause harm to the families that depend on
a spouse or parent who is now incarcerated. This proposal is
unfair and unrealistic for most inmates.
JG:d 5/7/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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