Bill Text: CA SB162 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Prisoners: temporary removal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-07-03 - Chaptered by Secretary of State. Chapter 56, Statutes of 2013. [SB162 Detail]

Download: California-2013-SB162-Introduced.html

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BILL NUMBER: SB 162	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        FEBRUARY 1, 2013

   An act to add Section 2690.5 to the Penal Code, relating to
prisoners.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 162, as introduced, Lieu. Prisoners: temporary removal.
   Under existing law, 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.
   Existing law authorizes the superior court, when it is necessary
to have a prisoner brought before any court to be tried for a felony,
or for other limited purposes, to order the prisoner's temporary
removal from prison, and the prisoner's production before the court,
grand jury, or magistrate. Existing law additionally authorizes the
superior court, when the testimony of a material witness is required
in a criminal action, as specified, and the witness is a prisoner in
a state prison, to order the prisoner's temporary removal from
prison, and the prisoner's production before the court, grand jury,
or magistrate.
   This bill would authorize the superior court to order the
temporary removal of a prisoner from a state prison facility, and his
or her transportation to a county or city jail, if a legitimate law
enforcement purpose exists to move the prisoner. The bill would
require the order to be made at the discretion of the court, and only
upon the affidavit of the requesting district attorney or peace
officer. The bill would make the expense of executing the order a
proper charge against, and require payment by, the county in which
the order is made.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2690.5 is added to the Penal Code, to read:
   2690.5.  (a) The superior court of the county in which a
requesting district attorney or peace officer has jurisdiction may
order the temporary removal of a prisoner from a state prison
facility, and his or her transportation to a county or city jail, if
a legitimate law enforcement purpose exists to move the prisoner. An
order for the temporary removal of a prisoner shall be issued at the
discretion of the court, and only upon the affidavit of the
requesting district attorney or peace officer stating that the law
enforcement purpose is legitimate and necessary.
   (b) An order for the temporary removal of a prisoner shall include
all of the following:
   (1) A recitation of the purposes for which the prisoner is to be
brought to the county or city jail.
   (2) The affidavit of the requesting district attorney or peace
officer stating that the law enforcement purpose is legitimate and
necessary.
   (3) The signature of the judge or magistrate making the order.
   (4) The seal of the court, if any.
   (c) An order for the temporary removal of a prisoner shall be
executed by the sheriff of the county in which the order is issued.
It shall be the duty of the sheriff to bring the prisoner to the
proper county or city jail, to safely retain the prisoner, and to
return the prisoner to the state prison facility when he or she is no
longer required for the stated law enforcement purpose. The expense
of executing the order shall be a proper charge against, and shall be
paid by, the county in which the order is made.
   (d) If a prisoner is removed from a state prison facility pursuant
to an order in accordance with this section, the prisoner shall
remain at all times in the constructive custody of the warden of the
state prison facility. During the temporary removal, the prisoner may
be ordered to appear in other felony proceedings as a defendant or
witness in the superior court of the county from which the original
order for the temporary removal was issued. A copy of the written
order directing the prisoner to appear before the superior court
shall be forwarded by the district attorney to the warden of the
prison having custody of the prisoner.