Bill Text: CA AB1359 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Death penalty prisoners.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1359 Detail]

Download: California-2009-AB1359-Introduced.html

---

BILL NUMBER: AB 1359	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 27, 2009

   An act to amend Sections 1202a, 3600, and 3700.5 of, and to repeal
Sections 3601 and 3602 of, the Penal Code, relating to prisoners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1359, as introduced, Huffman. Death penalty prisoners.
   Existing law requires a male defendant sentenced to death to be
taken to the warden of the San Quentin State Prison. Existing law
also provides that a condemned inmate may be housed at the California
Medical Facility for medical or mental health treatment and may be
housed at the California State Prison, Sacramento, for commission of
specified offenses while in prison, and that in either case, he shall
be subject to similar privileges and classifications as would be
applied to him if he were housed at San Quentin State Prison.
   This bill would make the above provisions applicable to both male
and female defendants sentenced to death. The bill would also provide
that a condemned inmate shall be housed in any state prison that
contains level 4 security or is a condemned facility subject to
similar privileges and classifications as would be applied to him or
her if he or she were housed at San Quentin State Prison, as
specified.
    The bill would also delete related provisions requiring female
persons sentenced to death to be delivered to the warden of the
Central California Women's Facility.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1202a of the Penal Code is amended to read:
   1202a.   (a)    If the judgment is for
imprisonment in the state prison the judgment shall direct that the
defendant be delivered into the custody of the  Director
 Secretary of the Department  of Corrections 
and Rehabilitation  at the state prison or institution
designated by the  Director of Corrections  
secretary  as the place for the reception of persons convicted
of felonies, except where the judgment is for death in which case the
defendant shall be  taken to   housed in a
prison that contains level four security, or is a condemned facility,
designated by  the  warden of the California State
Prison at San Quentin   Secretary of the Department of
Corrections and Rehabilitation  .
   Unless a different place or places are so designated by the
 Director   Secretary of the Department  of
Corrections  and Rehabilitation  , the judgment shall
direct that the defendant be delivered into the custody of the
 Director of Corrections   secretary  at
the California State Prison at San Quentin. The  Director of
Corrections   secretary  shall designate a place or
places for the reception of persons convicted of felonies by order,
which order or orders shall be served by registered mail, return
receipt requested, upon each judge of each superior court in the
state. The  Director of Corrections   secretary
 may change the place or places of commitment by the issuance of
a new order. Nothing contained in this section affects any provision
of Section 3400. 
   (b) When a condemned inmate is housed in a level four prison
pursuant to subdivision (a) the following shall apply:
   (1) Local procedures relating to privileges and classification
procedures provided to condemned inmates at San Quentin State Prison
shall be similarly instituted at any level four prison for condemned
inmates, housed at that prison. Those classification procedures shall
include the right to review the classification no less than every 90
days and the opportunity to petition for a return to San Quentin
State Prison.
   (2) Similar attorney-client access procedures that are afforded to
condemned inmates housed at San Quentin State Prison shall be
afforded to condemned inmates housed in any level four prison.
Attorney-client access for condemned inmates housed at an institution
for medical or mental health treatment shall be commensurate with
the institution's visiting procedures and appropriate treatment
protocols.
   (3) A condemned inmate housed in a level four prison pursuant to
subdivision (a) shall be returned to San Quentin State Prison at
least 60 days prior to his or her scheduled date of execution. 
  SEC. 2.  Section 3600 of the Penal Code is amended to read:
   3600.  (a) Every  male  person, upon whom has
been imposed the judgment of death, shall be delivered to the warden
of the California state prison designated by the department for the
execution of the death penalty, there to be kept until the execution
of the judgment, except as provided in subdivision (b).
   (b) Notwithstanding any other provision of law:
   (1) A condemned inmate who, while in prison, commits any of the
following offenses, or who, as a member of a gang or disruptive
group, orders others to commit any of these offenses, may, following
disciplinary sanctions and classification actions at San Quentin
State Prison, pursuant to regulations established by the Department
of Corrections  and Rehabilitation  , be housed in secure
condemned housing designated by the  Director  
Secretary of the Department  of Corrections  and
Rehabilitation  , at the California State Prison, Sacramento:
   (A) Homicide.
   (B) Assault with a weapon or with physical force capable of
causing serious or mortal injury.
   (C) Escape with force or attempted escape with force.
   (D) Repeated serious rules violations that substantially threaten
safety or security.
   (2) The condemned housing program at California State Prison,
Sacramento, shall be fully operational prior to the transfer of any
condemned inmate.
   (3) Specialized training protocols for supervising condemned
inmates shall be provided to those line staff and supervisors at the
California State Prison, Sacramento, who supervise condemned inmates
on a regular basis.
   (4) An inmate whose medical or mental health needs are so critical
as to endanger the inmate or others may, pursuant to regulations
established by the Department of Corrections  and  
Rehabilitation  , be housed at the California Medical Facility
or other appropriate institution for medical or mental health
treatment. The inmate shall be returned to the institution from which
the inmate was transferred when the condition has been adequately
treated or is in remission.
   (c) When housed pursuant to subdivision (b) the following shall
apply:
   (1) Those local procedures relating to privileges and
classification procedures provided to Grade B condemned inmates at
San Quentin State Prison shall be similarly instituted at California
State Prison, Sacramento, for condemned inmates housed pursuant to
paragraph (1) of subdivision (b) of Section 3600. Those
classification procedures shall include the right to the review of a
classification no less than every 90 days and the opportunity to
petition for a return to San Quentin State Prison.
   (2) Similar attorney-client access procedures that are afforded to
condemned inmates housed at San Quentin State Prison shall be
afforded to condemned inmates housed in secure condemned housing
designated by the  Director   Secretary of the
Department  of Corrections  and Rehabilitation  , at
the California State Prison, Sacramento. Attorney-client access for
condemned inmates housed at an institution for medical or mental
health treatment shall be commensurate with the institution's
visiting procedures and appropriate treatment protocols.
   (3) A condemned inmate housed in secure condemned housing pursuant
to subdivision (b) shall be returned to San Quentin State Prison at
least 60 days prior to his scheduled date of execution.
   (4) No more than 15 condemned inmates may be rehoused pursuant to
paragraph (1) of subdivision (b).
   (d) Prior to any relocation of condemned row from San Quentin
State Prison, whether proposed through legislation or any other
means, all maximum security Level IV, 180-degree housing unit
facilities with an electrified perimeter shall be evaluated by the
Department of Corrections  and Rehabilitation  for
suitability for the secure housing and execution of condemned
inmates.
  SEC. 3.  Section 3601 of the Penal Code is repealed. 
   3601.  Every female person, upon whom has been imposed the
judgment of death, shall be delivered to the warden of the Central
California Women's Facility, there to be held pending decision upon
appeal. 
  SEC. 4.  Section 3602 of the Penal Code is repealed. 
   3602.  Upon the affirmance of her appeal, the female person
sentenced to death shall thereafter be delivered to the warden of the
California state prison designated by the department for the
execution of the death penalty, not earlier than three days before
the day upon which judgment is to be executed; provided, however,
that in the event of a commutation of sentence said female prisoner
shall be returned to the Central California Women's Facility, there
to be confined pursuant to such commutation. 
  SEC. 5.  Section 3700.5 of the Penal Code is amended to read:
   3700.5.  Whenever a court makes and causes to be entered an order
appointing a day upon which a judgment of death shall be executed
upon a defendant, the warden of the state prison to whom such
defendant has been delivered for execution  or, if the
defendant is a female, the warden of the Central California Women's
Facility,  shall notify the  Director  
Secretary of the Department  of Corrections  and
Rehabilitation  who shall thereupon select and appoint three
alienists, all of whom must be from the medical staffs of the
Department of Corrections  and Rehabilitation  , to examine
the defendant, under the judgment of death, and investigate his or
her sanity. It is the duty of the alienists so selected and appointed
to examine such defendant and investigate his or her sanity, and to
report their opinions and conclusions thereon, in writing, to the
Governor  ,   and  to the warden of the
prison at which the execution is to take place  , or, if the
defendant is female, the warden of the Central California Women's
Facility,  at least 20 days prior to the day appointed for
the execution of the judgment of death upon the defendant. The warden
shall furnish a copy of the report to counsel for the defendant upon
his or her request.