SB 162, as amended, Lieu. Prisoners: temporary removal.
Under existing law, the Secretary of the Department of Corrections and Rehabilitation may authorize the temporary removal of any inmate from prison or any other institution for the detention of adults under the jurisdiction of the department.
Existing law authorizes the superior court, when it is necessary to have a prisoner brought before any court to be tried for a felony, or for other limited purposes, to order the prisoner’s temporary removal from prison, and the prisoner’s production before the court, grand jury, or magistrate. Existing law additionally authorizes the superior court, when the testimony of a material witness is required in a criminal action, as specified, and the witness is a prisoner inbegin delete aend deletebegin insert
theend insert state prison, to order the prisoner’s temporary removal from prison, and the prisoner’s production before the court, grand jury, or magistrate.
This bill would authorize the superior court to order the temporary removal of a prisoner from a state prison facility, and his or her transportation to a county or city jail, if a legitimate law enforcement purpose exists to move the prisoner. The bill wouldbegin delete requireend deletebegin insert authorizeend insert the order to bebegin delete madeend deletebegin insert issued,end insert at the discretion of the court,begin delete and only upon the affidavit ofend deletebegin insert
upon a finding of good cause in an affidavit byend insert the requesting district attorney or peace officerbegin insert, as specifiedend insert. The bill would make the expense of executing the order a proper charge against, and require payment by, the county in which the order is made.begin insert end insertbegin insertThe bill would provide that the state is not liable for any claim of damage, or for the injury or death of any person, including a prisoner, that occurs during the temporary removal of a prisoner, or the transportation of a prisoner by a local law enforcement agency for the purpose of temporary removal, from a state prison facility pursuant to these provisions. end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2690.5 is added to the Penal Code, to
2read:
(a) The superior court of the county in which a
4requesting district attorney or peace officer has jurisdiction may
5order the temporary removal of a prisoner from a state prison
6facility, and his or her transportation to a county or city jail, if a
7legitimate law enforcement purpose exists to move the prisoner.
8An order for the temporary removal of a prisonerbegin delete shallend deletebegin insert mayend insert be
9issuedbegin insert, end insert at the discretion of the court,begin delete and only
upon the affidavit
10ofend delete
11district attorney or peace officer stating that the law enforcement
12purpose is legitimate and necessary.begin insert The order for the temporary
13removal of a prisoner to a county or city jail shall not exceed 30
14days. Extensions of an order may be granted, but only upon
15application for an extension made in accordance with this section.
16The period of extension shall be no longer than the authorizing
17judge deems necessary to achieve the purposes for which it was
18granted, and shall not exceed an additional 30-day period beyond
19the initial period specified in the order for temporary removal.end insert
20(b) An order for the temporary removal of
a prisoner shall
21include all of the following:
22(1) A recitation of the purposes for which the prisoner is to be
23brought to the county or city jail.
24(2) The affidavit of the requesting district attorney or peace
25officer stating that the law enforcement purpose is legitimate and
26necessary.begin insert The affidavit shall be supported by facts establishing
27good cause.end insert
28(3) The signature of the judge or magistrate making the order.
29(4) The seal of the court, if any.
begin insert
P3 1(c) Upon the request of a district attorney or peace officer for
2a court order for the temporary removal of a prisoner from a state
3prison facility pursuant to this section, the court may, for good
4cause, seal an order made pursuant to this section, unless a court
5determines that the failure to disclose the contents of the order
6would deny a fair trial to a charged defendant in a criminal
7proceeding.
8(c)
end delete
9begin insert(d)end insert An order for the temporary removal of a prisoner shall be
10executedbegin insert presumptivelyend insert by the sheriff of the
county in which the
11order is issued. It shall be the duty of the sheriff to bring the
12prisoner to the proper county or city jail, to safely retain the
13prisoner, and to return the prisoner to the state prison facility when
14he or she is no longer required for the stated law enforcement
15purpose.begin insert The prisoner shall be returned no later than 30 days after
16his or her removal from the state prison facility or no later than
1730 days after the date of an order authorizing an extension
18pursuant to subdivision (a).end insert The expense of executing the order
19shall be a proper charge against, and shall be paid by, the county
20in which the order is made.begin insert The presumption that the transfer will
21be effectuated by the sheriff of the county in which the transfer
22order is made may be overcome upon
application of the
23investigating officer or prosecuting attorney stating the name of
24each peace officer who will conduct the transportation of the
25prisoner.end insert
26(d)
end delete
27begin insert(e)end insert If a prisoner is removed from a state prison facility pursuant
28to an order in accordance with this section, the prisoner shall
29remain at all times in the constructive custody of the warden of
30the state prison facilitybegin insert from which the prisoner was removedend insert.
31During the temporary removal, the prisoner may be ordered to
32appear in other felony
proceedings as a defendant or witness in
33the superior court of the county from which the original order for
34the temporary removal was issued. A copy of the written order
35directing the prisoner to appear before the superior court shall be
36forwarded by the district attorney to the warden of the prison
37having custody of the prisoner.
38(f) The state is not liable for any claim of damage, or for the
39injury or death of any person, including a prisoner, that occurs
40during either of the following:
P4 1(1) The temporary removal of a prisoner from a state prison
2facility pursuant to this section.
3(2) The transportation of a prisoner by a local law enforcement
4
agency for the purpose of temporary removal from a state prison
5facility pursuant to this section.
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