BILL ANALYSIS �
SB 1015
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Date of Hearing: June 10, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1015 (Galgiani) - As Amended: May 28, 2014
SUMMARY : Deletes the January 1, 2015 sunset date on provisions
of law that authorize the Secretary of the California Department
of Corrections and Rehabilitation (CDCR) to temporarily remove
an inmate from prison or any other CDCR institution for the
purpose of permitting the inmate to assist with the gathering of
evidence related to crimes.
EXISTING LAW :
1)Provides that the Secretary of CDCR may authorize the
temporary removal from prison or any other institution for the
detention of adults under the jurisdiction of the Department
of Corrections of any inmate, 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 of 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 whole or in part for
expenses incurred by the state in connection with such
temporary removal other than for medical treatment, or to
assist in gathering of evidence related to a crime. (Pen.
Code � 2690.)
2)States that no person imprisoned for a felony sex offense, as
specified, shall be removed or released from the detention
facility where he or she is confined for the purpose of
attending college classes in any city or county nor shall the
person be placed in a community correctional center. No
person under the jurisdiction of the adult court and confined
under the jurisdiction of the Department of the Youth
Authority for conviction of a felony sex offense, as specified
, shall be removed or released from the place of confinement
SB 1015
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for attendance at any educational institution in any city or
county. (Pen. Code � 2961.)
3)Provides that, commencing July 1, 2005, all powers and duties
previously granted to and imposed upon the CDCR shall be
exercised by the Secretary of CDCR, except where those powers
and duties are expressly vested by law in the Board of Parole
Hearings. Whenever a power is granted to the Secretary or a
duty is imposed upon the Secretary, the power may be exercised
or the duty performed by a subordinate officer to the
Secretary or by a person authorized pursuant to law by the
Secretary. (Pen. Code � 5055.)
4)States that the Director of Corrections may prescribe and
amend rules and regulations for the administration of the
prisons and for the administration of parole of persons
sentenced to a determinate sentence. (Pen. Code � 5058.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill was
created in order to bring closure to the families of missing
victims by allowing for the temporary removal of inmates to
assist in the gathering of evidence related to these crimes.
SB 1015 will indefinitely extend the authority of the
Department of Justice to initiate a recovery effort, as well
as guarantee that any future efforts will not be hindered in
unforeseen ways."
2)Prior Legislation : SB 771 (Galgiani), Chapter 181, Statutes
of 2013, authorized the Secretary of CDCR to temporarily
remove an inmate from prison or any other CDCR institution
for the purpose of permitting the inmate to assist with the
gathering of evidence related to crimes.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association
Crime Victims United of California
SB 1015
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Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744