BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
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SB 1015 (Galgiani) 5
As Amended April 2, 2014
Hearing date: April 22, 2014
Penal Code (Urgency)
AL/AA:mc
TRANSFER OF STATE PRISONERS:
GATHERING OF EVIDENCE RELATING TO A CRIME
HISTORY
Source: Author
Prior Legislation: SB 771 (Galgiani) - Ch. 181, Statutes of 2013
SB 162 (Lieu) - Ch. 56, Statutes of 2013
AB 2357 (Galgiani) - Ch. 145, Statutes of 2012
Support: Unknown
Opposition:None known
KEY ISSUE
SHOULD THE JANUARY 1, 2015, SUNSET DATE AUTHORIZING THE SECRETARY OF
CORRECTIONS AND REHABILITATION TO PERMIT THE TEMPORARY REMOVAL OF A
PRISON INMATE TO ASSIST OR PARTICIPATE IN THE GATHERING OF
CRIME-RELATED EVIDENCE BE REPEALED?
PURPOSE
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SB 1015 (Galgiani)
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The purpose of this bill is to repeal the January 1, 2015,
sunset date, and thus extend indefinitely, the authority of the
Secretary of the Department of Corrections and Rehabilitation 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.
Current law authorizes the superior court to order the temporary
removal of a prisoner from a state facility if the requesting
district attorney or peace officer can demonstrate a legitimate
law enforcement purpose and good cause. (Penal Code �
2690.5(a).)
Current law states that the Secretary of the Department of
Corrections and Rehabilitation ("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. (Penal Code
� 5058.)
Current law provides that 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 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." 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. (Penal Code � 2690(a) and (b).)
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This bill would delete 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.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
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In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order issued by the Three-Judge Court three years
earlier to reduce the state's prison population to 137.5 percent
of design capacity. The State submitted in part that the, ". .
. population in the State's 33 prisons has been reduced by over
24,000 inmates since October 2011 when public safety realignment
went into effect, by more than 36,000 inmates compared to the
2008 population . . . , and by nearly 42,000 inmates since 2006
. . . ." Plaintiffs, who opposed the state's motion, argue in
part that, "California prisons, which currently average 150% of
capacity, and reach as high as 185% of capacity at one prison,
continue to deliver health care that is constitutionally
deficient." In an order dated January 29, 2013, the federal
court granted the state a six-month extension to achieve the
137.5 % prisoner population cap by December 31st of this year.
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In an order dated April 11, 2013, the Three-Judge Court denied
the state's motions, and ordered the state of California to
"immediately take all steps necessary to comply with this
Court's . . . Order . . . requiring defendants to reduce overall
prison population to 137.5% design capacity by December 31,
2013."
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unresolved. However, in light of the real gains in reducing the
prison population that have been made, although even greater
reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error;
whether a measure proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Need for This Bill
The author states:
Senate Bill 1015 makes it explicitly clear that the
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California Department of Corrections and Rehabilitation
has the statutory authority to temporarily remove an
inmate for purposes of assisting in a search and 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. Senate
Bill 1015 will give the Department of Corrections and
Rehabilitation broad authority to initiate a recovery
effort. The bill will guarantee that any future efforts
will not be hindered in any unforeseen ways.
2. Effect of This Bill
This bill is an urgency bill that would eliminate the sunset
provision in the author's SB 771 from last year concerning the
temporary removal of state prison inmates to local custody for
purposes relating to evidence gathering. The provisions of SB
711 will sunset on January 1 of next year. The provisions of
this bill would repeal the January 1 sunset date and
indefinitely extend the authority of the Secretary of the CDCR
to order the temporary removal of a state prisoner to
participate or assist with the gathering evidence related to
crimes.
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