Bill Text: CA SB771 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Inmates: temporary removal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 181, Statutes of 2013. [SB771 Detail]

Download: California-2013-SB771-Amended.html

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BILL NUMBER: SB 771	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 22, 2013

   An act to amend  ,   repeal, and add  Section
2690 of the Penal Code, relating to inmates, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 771, as amended, Galgiani. Inmates: temporary removal.
   Existing law authorizes the Secretary of the Department of
Corrections and Rehabilitation to temporarily remove any inmate from
prison or any other institution for the detention of adults under the
jurisdiction of the Department of Corrections and Rehabilitation,
including, but not limited to, removal for the purpose of attending
college classes. Existing law provides that, unless the inmate is
removed for medical treatment, the removal shall not be for a period
longer than 3 days. Existing law also authorizes the secretary to
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.
   This bill  , until January   1,   201 
 4,  would additionally authorize the Secretary of the
Department of Corrections and Rehabilitation to temporarily remove
any inmate from prison or any other institution for the detention of
adults 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, and would authorize the secretary to
require, except when the removal is for medical treatment or to
assist with the gathering of evidence relating to crimes, the inmate
to reimburse the state for its reasonable expenses incurred in
connection with the temporary removal.
   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 2690 of the Penal Code is amended to read:
   2690.   (a)    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 of Corrections
and Rehabilitation, 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 longer than three days. The secretary may require, except
when the removal is for medical treatment or to assist with the
gathering of evidence related to crimes, the inmate to reimburse the
state, in whole or in part, for expenses incurred by the state in
connection with the temporary removal. 
   (b) This section shall be repealed on January 1, 2014. 
   SEC.   2.    Section 2690 is added to the
    Penal Code   , to read:  
   2690.  (a) 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 of Corrections and Rehabilitation,
including removal for the purpose of attending college classes. 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 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 connection with the temporary
removal other than for medical treatment.
   (b) This section shall become operative on January 1, 2014. 
   SEC. 2.   SEC. 3.   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 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.