BILL ANALYSIS Ó
SB 771
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Date of Hearing: June 11, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 771 (Galgiani) - As Amended: June 5, 2013
SUMMARY : Authorizes the Secretary of the California Department
of Corrections and Rehabilitation (CDCR) to temporarily remove
an inmate from prison or any other institution for the purpose
of permitting the inmate to assist with the gathering of
evidence related to crimes. Specifically, this bill :
1)Authorizes the Secretary of the CDCR to temporarily remove an
inmate from prison or any other institution for the purpose of
permitting the inmate to participate in or to assist with the
gathering of evidence related to crimes.
2)States that an inmate, who is temporarily removed from the
state prison to assist with the gathering of evidence related
to crimes, the Secretary may not require the inmate to
reimburse the state, in whole or in part, for expenses
incurred by the state in connection with the temporary removal
3)Contains a January 1, 2015 sunset date.
EXISTING LAW :
1)Provides that Director of the Department of Corrections may
authorize the temporary removal from prison or any other
institution for the detention of adults under the jurisdiction
of the Department of Corrections of any inmate, including
removal for the purpose of attending college classes. The
Director 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 of longer than three
days. The Director may require the inmate to reimburse the
state, in whole or in part, for expenses incurred by the
state, in whole or in part for expenses incurred by the state
in connection with such temporary removal other than for
medical treatment. (Penal Code Section 2690.)
SB 771
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2)States that no person imprisoned for a felony sex offense, as
specified, shall be removed or released from the detention
facility where he or she is confined for the purpose of
attending college classes in any city or county nor shall the
person be placed in a community correctional center. No
person under the jurisdiction of the adult court and confined
under the jurisdiction of the Department of the Youth
Authority for conviction of a felony sex offense, as specified
, shall be removed or released from the place of confinement
for attendance at any educational institution in any city or
county. (Penal Code Section 2961.)
3)Provides that, commencing July 1, 2005, all powers and duties
previously granted to and imposed upon the CDCR shall be
exercised by the Secretary of CDCR, except where those powers
and duties are expressly vested by law in the Board of Parole
Hearings. Whenever a power is granted to the Secretary or a
duty is imposed upon the Secretary, the power may be exercised
or the duty performed by a subordinate officer to the
Secretary or by a person authorized pursuant to law by the
Secretary. (Penal Code Section 5055.)
4)States that the Director of Corrections may prescribe and
amend rules and regulations for the administration of the
prisons and for the administration of parole of persons
sentenced to a determinate sentence. (Penal Code Section
5058.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In January of
2012, I 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 CDCR has this authority"
SB 771
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2)Prior Legislation : AB 2357(Galgiani), Chapter 145, Statutes
of 2102, was identical to this bill in that AB 2357 authorized
CDCR to temporarily remove an inmate from prison or any other
institution to assist in the gathering of evidence relating to
crime. AB 2357 was enacted and repealed on January1, 2013.
REGISTERED SUPPORT / OPPOSITION :
Support
California Police Chiefs' Association
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744