BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1015|
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THIRD READING
Bill No: SB 1015
Author: Galgiani (D)
Amended: 4/2/14
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/22/14
AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 5-0, 4/28/14
AYES: De León, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Walters, Padilla
SUBJECT : Inmates: temporary removal
SOURCE : Author
DIGEST : This bill repeals the January 1, 2015, sunset date,
and thus extends indefinitely, the authority of the Secretary of
the Department of Corrections and Rehabilitation (CDCR) to order
the temporary removal of a state prisoner from state prison to
participate in or assist with the gathering of evidence relating
to crimes.
ANALYSIS :
Existing law:
1. Authorizes the superior court to order the temporary removal
of a prisoner from a state facility if the requesting
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district attorney or peace officer can demonstrate a
legitimate law enforcement purpose and good cause.
2. States that the Secretary of CDCR may prescribe and amend
rules and regulations for the administration of prisons and
for the administration of parole or persons sentenced to a
determined sentence.
3. 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 or permitting the inmate to
participate in or assist with the gathering of evidence
relating to crimes. The Secretary of CDCR 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 of CDCR 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. The existing provisions relating to
permitting an inmate to participate in or assist with the
gathering of crime-related evidence will sunset on January 1,
2015.
This bill deletes the January 1, 2015 sunset date as it applies
to the following:
1. The authority of the Secretary of the CDCR to permit the
temporary removal of state prisoners from state prison to
participate in or assist with the gathering of crime-related
evidence.
2. The exemption of state inmates who assist with gathering
evidence related to crimes from reimbursing the state
expenses associated with the temporary removal.
Comments
According to the author's office, this bill makes it explicitly
clear that CDCR has the statutory authority to temporarily
remove an inmate for purposes of assisting in a search and
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recovery effort in order to identify possible murder victims and
gather other such evidence of a serial killing.
The most important issue is to make every possible effort to
bring some closure to the families of missing victims and a
final resolution to this horrific criminal episode which has
haunted San Joaquin County for years. This bill gives CDCR
broad authority to initiate a recovery effort. This bill
guarantees that any future efforts will not be hindered in any
unforeseen ways.
Related Legislation
SB 771 (Galgiani, Chapter 181, Statutes of 2013) extended the
sunset date to January 1, 2015, on the provision of law
authorizing CDCR to temporarily remove inmates to assist with
the gathering of evidence relating to crimes.
AB 2357 (Galgiani, Chapter 145, Statutes of 2012) authorized
CDCR to temporarily remove inmates to assist with the gathering
of evidence relating to crimes. The provisions of the bill
sunset on January 1, 2013.
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 $50,0000 (General Fund) annually for authorizations
for temporary removal from prison.
JG:d 4/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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