Bill Text: CA SB28 | 2009-2010 | Regular Session | Introduced
Bill Title: Prisons: San Quentin State Prison.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB28 Detail]
Download: California-2009-SB28-Introduced.html
BILL NUMBER: SB 28 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Denham
DECEMBER 2, 2008
An act to amend Sections 1202a, 3600, 3602, and 3603 of, and to
add Section 3603.5 to, the Penal Code, relating to prisons, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 28, as introduced, Denham. Prisons: San Quentin State Prison.
Existing law establishes a system of state prisons.
This bill would establish requirements for the decommissioning and
redevelopment of San Quentin State Prison. Decommissioning would be
required to be completed not later than December 31, 2014. The bill
would authorize the Governor to designate the state prison that would
house condemned inmates. The bill would also make conforming and
technical, nonsubstantive changes.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. 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. 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 of Corrections
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
if the judgment is for death , in
which case the defendant shall be taken to the warden of the
California State Prison at San Quentin prison
designated for executions pursuant to Section 3603.5 .
Unless a different place or places are so designated by the
Director of Corrections, the judgment shall direct that the defendant
be delivered into the custody of the Director of Corrections at the
California State Prison at San Quentin. The Director of Corrections
The 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.
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
Governor 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 that prison , pursuant to
regulations established by the Department of Corrections and
Rehabilitation , be housed in secure condemned housing
designated by the Director of Corrections
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 the prison from which the inmate was
transferred .
(2) Similar attorney-client access procedures that are afforded to
condemned inmates housed or formerly housed at San
Quentin State Prison shall be afforded to condemned inmates housed in
secure condemned housing designated by the Director of
Corrections 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 the prison from which the inmate was
transferred 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 3602 of the Penal Code is amended to read:
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
Governor 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 .
However, in the event of a commutation of sentence
said , the female prisoner shall be
returned to the Central California Women's Facility , there
to be confined pursuant to such the
commutation.
SEC. 4. Section 3603 of the Penal Code is amended to read:
3603. The judgment of death shall be executed within the walls of
the California State Prison at San Quentin , until the Governor
designates a different state prison facility for that purpose,
pursuant to Section 3603.5 .
SEC. 5. Section 3603.5 is added to the Penal Code, to read:
3603.5. (a) The California State Prison at San Quentin shall be
decommissioned no later than December 31, 2014. Commencing January 1,
2014, all death-row prisoners shall be housed, and executions
carried out, in a state prison other than San Quentin. All
non-death-row prisoners shall be moved out of San Quentin by June 30,
2014.
(b) The Governor, after consulting with members of his or her
cabinet, legislative leaders of both parties, and local government
officials, shall make a decision no later than March 31, 2011,
regarding which prison shall house death-row prisoners and be the
site of executions.
(c) The building of a new death-row and execution site is exempt
from the California Environmental Quality Act. Bids on building a new
death-row and execution site shall be taken commencing on September
1, 2011, and ending on March 31, 2012. Construction on the death-row
and execution site shall begin immediately after announcement of the
winning bid and shall be completed no later than June 30, 2013.
(d) The land upon which San Quentin sits shall be sold, the
proceeds shall be exempt from the provisions of Proposition 60a of
the November 2, 2004, statewide general election, and shall, upon
appropriation by the Legislature, go to building the new death row at
another prison. Bids on the purchase of San Quentin and the land
shall be taken commencing on January 1, 2011, and ending on December
31, 2011. Full payment of the purchase price shall be due no later
than June 30, 2012.
(e) The purchaser of San Quentin shall be responsible for
demolishing the prison and all lawful disposal of resulting
materials. The demolition of San Quentin and related activities is
exempt from the California Environmental Quality Act.
(f) The development of residential or commercial facilities, or
both, by the new owner of the site shall be exempt from the
California Environmental Quality Act. However, no industrial
development shall be permitted at the site.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the orderly administration of justice and
promote public safety in regard to condemned inmates, it is necessary
that this act take effect immediately.
