BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2357|
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THIRD READING
Bill No: AB 2357
Author: Galgiani (D)
Amended: 6/28/12 in Senate
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/12/12
AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : 7-0, 6/25/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 76-0, 4/26/12 - See last page for vote
SUBJECT : Temporary removal of state prisoners
SOURCE : Author
DIGEST : This bill specifies that one of the reasons for
which the Secretary of the Department of Corrections and
Rehabilitation (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,
2013.
ANALYSIS : Existing law provides that the Secretary of
CDCR (Secretary) may authorize the temporary removal from
prison or any other institution for the detention of adults
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under the jurisdiction of the CDCR of any inmate, 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 of 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 such temporary
removal other than for medical treatment. (Penal Code
(PEN) Section 2690)
Existing law states that no person imprisoned for a felony
sex offense, as specified, shall be removed or released
from the detention facility where he/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. (PEN
Section 2961)
Existing law states that the Secretary 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. (PEN Section 5058)
This bill specifies that one of the purposes for which the
Secretary 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.
This bill specifies that the inmate would not be charged
the cost of a temporary removal from prison for this
purpose.
The above provisions sunset on January 1, 203.
This bill provides that the Secretary may authorize the
temporary removal of any inmate from prison or any other
institution for the detention of adults under the
jurisdiction of the CDCR, including removal for the purpose
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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 temporary removal other than for medical treatment.
Comments
According to the author:
In January of this year, Assemblymember 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. Assemblymember
Galgiani informed CDCR Administration that she had been
notified that the FBI Evidence Response Team was
prepared to forensically attempt to recover victims, and
she asked CDCR Administration to initiate contact
between federal and local law enforcement as necessary
to begin the recovery effort.
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.
Since that time, information provided has allowed for
the recovery of Chevy Wheeler who went missing in 1985;
Cynthia Vanderheiden who went missing in 1998; 16 year
old Joanne Hobson who went missing in 1984; and 18 year
old Kimberly Billy who went missing in 1984.
Local law enforcement officials are requesting that the
inmate be transported by CDCR officials upon request, at
future dates. In a highly sensitive and complex case
such as this, the Secretary of the Department of
Corrections and Rehabilitation should have the authority
to act.
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Assembly Bill 2357 makes it explicitly clear that CDCR
has the statutory authority to temporarily remove an
inmate for purposes of assisting in a search and
recovery effort and participating in the gathering of
evidence relating to crimes.
The Shermantine situation has raised questions about
what law enforcement agency has the legal authority to
initiate or even participate in the removal of an inmate
from prison to aid in an investigation, in this case the
search for the remains of victims. This clearly calls
for a legislative action to clarify the issue for all of
the agencies involved.
My legislation, AB 2357, will explicitly give the
Department of Corrections and Rehabilitation broad
authority to initiate a recovery effort. I want to be
certain beyond a doubt that any future efforts will not
be hindered in any unforeseen way, and that the grief
suffered by victim's families will not be prolonged.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, potential
ongoing increased custody and transportation costs to the
CDCR in the range of $50,000 to $100,000 (General Fund) for
25 to 50 annual authorizations for temporary removal from
prison. Costs would vary dependent on the number and
duration of temporary removals authorized.
ASSEMBLY FLOOR : 76-0, 4/26/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
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Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Cedillo, Furutani, Harkey, Jones
RJG:k 6/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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