Article 4. Temporary Removal Of Prisoners of California Penal Code >> Title 1. >> Part 3. >> Chapter 4. >> Article 4.
The Secretary of the Department of Corrections and
Rehabilitation may authorize the temporary removal of an 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.
(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 may be issued, at the discretion of
the court, upon a finding of good cause in an affidavit by the
requesting district attorney or peace officer stating that the law
enforcement purpose is legitimate and necessary. The order for the
temporary removal of a prisoner to a county or city jail shall not
exceed 30 days. Extensions of an order may be granted, but only upon
application for an extension made in accordance with this section.
The period of extension shall be no longer than the authorizing judge
deems necessary to achieve the purposes for which it was granted,
and shall not exceed an additional 30-day period beyond the initial
period specified in the order for temporary removal.
(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. The affidavit shall be supported by facts establishing
(3) The signature of the judge or magistrate making the order.
(4) The seal of the court, if any.
(c) Upon the request of a district attorney or peace officer for a
court order for the temporary removal of a prisoner from a state
prison facility pursuant to this section, the court may, for good
cause, seal an order made pursuant to this section, unless a court
determines that the failure to disclose the contents of the order
would deny a fair trial to a charged defendant in a criminal
(d) An order for the temporary removal of a prisoner shall be
executed presumptively 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 prisoner shall be returned no later than 30 days after
his or her removal from the state prison facility or no later than 30
days after the date of an order authorizing an extension pursuant to
subdivision (a). 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. The presumption that the transfer will be effectuated
by the sheriff of the county in which the transfer order is made may
be overcome upon application of the investigating officer or
prosecuting attorney stating the name of each peace officer who will
conduct the transportation of the prisoner.
(e) 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 from which the prisoner was removed. 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.
(f) The state is not liable for any claim of damage, or for the
injury or death of any person, including a prisoner, that occurs
during the period in which the prisoner is in the exclusive control
of a local law enforcement agency pursuant to this section.
No person imprisoned for a felony listed in Section 667.6
shall be removed or released under Section 2690 from the detention
institution where he or she is confined for the purpose of attending
college classes in any city or county nor shall that person be placed
in a community correctional center pursuant to Chapter 9.5
(commencing with Section 6250) of Title 7 of Part 3. No person under
the jurisdiction of the adult court and confined under the
jurisdiction of the Department of the Youth Authority for conviction
of a felony listed in Section 667.6 shall be removed or released from
the place of confinement for attendance at any educational
institution in any city or county.
The Director of Corrections may enter into contracts with
public or private agencies located either within or outside of the
state for the housing, care, and treatment of inmates afflicted with
acquired immune deficiency syndrome (AIDS) or AIDS-related complex