Bill Text: CA SB906 | 2011-2012 | Regular Session | Amended

California Senate Bill 906 (Prior Session Legislation)

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

Bill Title: Defendants: incarceration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB906 Detail]

Download: California-2011-SB906-Amended.html

BILL NUMBER: SB 906	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 22, 2011

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2011

   An act to add Section 676 to the Penal Code, relating to criminal
defendants.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 906, as amended, DeSaulnier. Defendants: incarceration.
   Existing law, in part, provides that all persons concerned in the
commission of a crime, whether they directly commit the act
constituting the offense, or aid and abet in its commission, or, not
being present, have advised and encouraged its commission, or who, by
threats, menaces, command, or coercion, compel another to commit any
crime, are principals in any crime so committed. Existing law
provides that a criminal conspiracy requires an agreement and some
criminal act, besides the agreement, be done within this state to
effect the object of the conspiracy, by one or more of the parties to
the agreement, in order to constitute a conspiracy. 
   This bill would prohibit persons who are principals or
coconspirators in the commission of a violent felony, as specified,
from being incarcerated in close proximity to each other prior to
trial, or processed in a reception center at the same time, as
specified. The bill would also require the Department of Corrections
and Rehabilitation to incarcerate those persons in separate state
prisons or other separate facilities under the jurisdiction of the
Department of Corrections and Rehabilitation.  
   By imposing additional burdens on local law enforcement agencies,
this bill would impose a state-mandated local program. 

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   This bill would prohibit the agency or department having custody
of 2 defendants, when notified by a prosecuting attorney or court
that the 2 defendants are either codefendants or coconspirators in
the commission of a violent felony, from housing those inmates within
sight or sound of each other and require, to the extent possible,
those inmates be housed in separate facilities.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would declare that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 676 is added to the Penal Code, to read:

   676.  (a) No person who is incarcerated pending trial who is
alleged to be a principal or coconspirator in the commission of a
violent felony as defined in subdivision (c) of Section 667.5 may be
held in close proximity to any other person who is incarcerated
pending trial and who is alleged to be or is convicted as a principal
or coconspirator in the commission of that offense, except as may be
necessary to meet with legal counsel.
   (b) The Department of Corrections and Rehabilitation shall process
persons who are convicted as principals or coconspirators in the
commission of a violent felony as described in subdivision (c) of
Section 667.5 in separate reception centers or at different times in
the same reception center to ensure that those persons are not
together or in close proximity to each other at the reception center.

   (c) The Department of Corrections and Rehabilitation shall
incarcerate persons who are convicted as principals or coconspirators
in the commission of a violent felony as described in subdivision
(c) of Section 667.5 in separate prisons or in other separate
facilities under the jurisdiction of the department.
   SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code. 
    676.   When notified by a prosecuting attorney or court
that two defendants are either codefendants or coconspirators in the
commission of a violent felony as described in subdivision (c) of
Section 667.5, the agency or department having custody of the
defendants shall not house those inmates within sight or sound of
each other and, to the extent possible, those inmates shall be housed
in separate facilities.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.