BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 1015 (Galgiani) - Inmates: temporary removal.
Amended: April 2, 2014 Policy Vote: Public Safety 7-0
Urgency: Yes Mandate: No
Hearing Date: April 28, 2014
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 1015, an urgency measure, would remove the
January 1, 2015, sunset date on the provision of law authorizing
the Secretary of the Department of Corrections and
Rehabilitation (CDCR) to temporarily remove an inmate from
prison or any other adult institution under the jurisdiction of
the department for the purpose of permitting the inmate to
participate in or assist with the gathering of evidence relating
to crimes.
Fiscal Impact: Potential increased custody and transportation
costs to the CDCR, likely less than $50,000 (General Fund)
annually for authorizations for temporary removal from prison.
Background: Prior to the enactment of AB 2357 (Galgiani) Chapter
145/2012, state law authorized the Secretary of the CDCR to
temporarily remove any inmate from prison or any other
institution for the detention of adults under CDCR jurisdiction,
including removal for the purpose of attending college classes,
and provided that, unless the inmate was removed for medical
treatment, the period of removal could not exceed three days.
Further, the Secretary could 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.
AB 2357 provided for the temporary removal of an inmate from
prison for the purpose of assisting with the gathering of
evidence relating to crimes, and added a provision specifically
providing that the inmate would not be required to reimburse the
state for expenses incurred by the state in connection with the
temporary removal. This bill included a sunset date of January
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1, 2013, that was subsequently extended through the enactment of
SB 771 (Galgiani) Chapter 145/2012 to January 1, 2015. This bill
seeks to eliminate the sunset, thereby making this provision of
law operative indefinitely.
Proposed Law: This bill, an urgency measure, would eliminate the
sunset on the existing provision of law allowing CDCR to
temporarily remove an inmate for the purpose of permitting the
inmate to participate in or assist with the gathering of
evidence relating to crimes.
The urgency clause states, "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."
Related Legislation: SB 771 (Galgiani) Chapter 181/2013 extended
the sunset date to January 1, 2015, on the provision of law
authorizing CDCR to temporarily remove inmates to assist with
the gathering of evidence relating to crimes.
AB 2357 (Galgiani) Chapter 145/2012 authorized CDCR to
temporarily remove inmates to assist with the gathering of
evidence relating to crimes. The provisions of the bill sunset
on January 1, 2013.
Staff Comments: This bill could potentially result in ongoing
increased custody and transportation costs to the CDCR
associated with the temporary removal of inmates to assist with
the gathering of evidence relating to crimes to the extent
future requests from law enforcement are received and authorized
as a result of this measure.
Transportation and custody costs are estimated at approximately
$1,950 per incidence of temporary removal over three days. It is
unknown at this time how many requests will be made by law
enforcement for the temporary removal of inmates to assist in
the gathering of evidence in any one year, but would likely be
less than $50,000 (General Fund) to the extent up to 25
temporary removals are authorized on an annual basis.
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