BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 906 (DeSaulnier)
          
          Hearing Date: 05/23/2011        Amended: 05/10/2011
          Consultant: Jolie Onodera       Policy Vote: Public Safety 7-0
          
















































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          BILL SUMMARY: SB 906 would prohibit the Department of 
          Corrections and Rehabilitation (CDCR), when notified by a 
          prosecuting attorney or court that two defendants are either 
          codefendants or co-conspirators in the commission of a violent 
          felony, from housing those two inmates within sight or sound of 
          each other and require, to the extent possible, those inmates be 
          housed in separate facilities.
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                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13      2013-14     Fund
           
          Co-conspirators/codefendant       Unknown; significant 
          operational costs      General
          placement              in excess of $100 annually
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          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense File.

          This bill would require that, when notified by a court or 
          prosecuting attorney that two inmates are either charged as 
          codefendants or alleged to be co-conspirators in a violent 
          felony case, when being held in state prison, awaiting trial or 
          after conviction and sentencing, CDCR may not house those 
          inmates within sight or sound of each other. Further, this bill 
          requires, to the extent possible, that those inmates shall be 
          housed in separate facilities.

          The CDCR has indicated that it is their current practice to 
          separate such prisoners when so notified. However, it may be 
          difficult to comply with the provisions of this bill at all 
          times as a practical effect of the transfer of inmates between 
          facilities, transportation to and from the courts, and movement 
          of inmates within a facility for various reasons such as medical 
          appointments. The CDCR indicates under the current state of 
          prison overcrowding, any restriction to CDCR's ability to house 
          inmates could significantly increase operational costs and 
          aggravate the overcrowding. Operational costs could be incurred 
          for additional custody and transportation of the inmates to 
          separate reception centers for initial risk and needs assessment 
          and medical evaluation, as well as to house the inmates at 








          SB 906 (DeSaulnier)
          Page 3 

          separate facilities while awaiting trial, or after conviction 
          and sentencing. Further, as condemned inmates must be housed at 
          San Quentin State Prison or Central California Women's Facility 
          under existing law, CDCR indicates it would not be possible to 
          meet the "sight and sound" requirement at those institutions 
          without incurring substantial costs.

          While CDCR follows this practice to the extent possible, 
          imposing this requirement could create a liability where two 
          such inmates are housed under circumstances in which they might 
          come within sight or sound of each other.