Bill Text: CA AB1359 | 2009-2010 | Regular Session | Amended
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-Amended.html
BILL NUMBER: AB 1359 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
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 amended, 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.
Existing law provides that no more than 15 condemned inmates may be
rehoused at the California State Prison, Sacramento, for the
commission of specified offenses while in 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 increase the number of condemned
inmates that may be rehoused, as described above, at the California
State Prison, Sacramento, from 15 to 30.
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 Secretary of the Department of Corrections and
Rehabilitation at the state prison or institution designated by the
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 housed in a prison that contains level four
security, or is a condemned facility, designated by the Secretary of
the Department of Corrections and Rehabilitation.
Unless a different place or places are so designated by the
Secretary of the Department of Corrections and Rehabilitation, the
judgment shall direct that the defendant be delivered into the
custody of the secretary at the California State Prison at San
Quentin. 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 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. at the time appellate counsel has been
appointed for the condemned inmate's automatic appeal on
the judgment of death.
SEC. 2. Section 3600 of the Penal Code is amended to read:
3600. (a) Every 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 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 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 30 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.
SEC. 4. Section 3602 of the Penal Code is repealed.
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 shall notify the 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 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.
