Amended in Senate April 2, 2014

Senate Bill No. 1015

Introduced by Senator Galgiani

February 13, 2014

begin delete An act to amend Section 131000 of the Health and Safety Code, relating to public health. end delete begin insert An act to amend and repeal Section 2690 of the Penal Code, relating to inmates, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1015, as amended, Galgiani. begin delete State Department of Public Health. end delete begin insert Inmates. end insert

begin insert

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to authorize the temporary removal of any inmate from prison or any other institution for the detention of adults under the jurisdiction of the Department of Corrections and Rehabilitation, 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. Existing law also authorizes the secretary to 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. Existing law makes the provisions that specifically refer to removal for the purpose of permitting the inmate to participate in or assist with the gathering of evidence relating to crimes operative only until January 1, 2015.

end insert begin insert

This bill would make those provisions operative indefinitely.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

Existing law establishes the State Department of Public Health in the California Health and Human Services Agency.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 2690 of the end insert begin insert Penal Code end insert begin insert , as amended by
Section 1 of Chapter 181 of the Statutes of 2013, is amended to
read: end insert

2690.  

begin delete (a) end delete begin delete   end delete 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 of Corrections and
Rehabilitation, 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
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,
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.

begin delete

(b) This section shall be repealed on January 1, 2015.

end delete

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 2690 of the end insert begin insert Penal Code end insert begin insert , as added by Section
2 of Chapter 181 of the Statutes of 2013, is repealed. end insert

begin delete

2690.  

(a) 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 of Corrections and
Rehabilitation, 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 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 the temporary removal other than for medical
treatment.

(b) This section shall become operative on January 1, 2015.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to enable law enforcement agencies to obtain important
evidence regarding serious crimes, including murder and
kidnapping, from inmates as soon as possible, it is necessary that
this act take effect immediately.

end insert

begin delete

SECTION 1.  

Section 131000 of the Health and Safety Code
is amended to read:

131000.  

There is in the California Health and Human Services
Agency the State Department of Public Health.

end delete