Section 977.2 Of Chapter 1. Of The Arraignment Of The Defendant From California Penal Code >> Title 6. >> Part 2. >> Chapter 1.
977.2
. (a) Notwithstanding Section 977 or any other law, in any
case in which the defendant is charged with a misdemeanor or a felony
and is currently incarcerated in the state prison, the Department of
Corrections may arrange for all court appearances in superior court,
except for the preliminary hearing, trial, judgment and sentencing,
and motions to suppress, to be conducted by two-way electronic
audiovideo communication between the defendant and the courtroom in
lieu of the physical presence of the defendant in the courtroom.
Nothing in this section shall be interpreted to eliminate the
authority of the court to issue an order requiring the defendant to
be physically present in the courtroom in those cases where the court
finds circumstances that require the physical presence of the
defendant in the courtroom. For those court appearances that the
department determines to conduct by two-way electronic audiovideo
communication, the department shall arrange for two-way electronic
audiovideo communication between the superior court and any state
prison facility located in the county. The department shall provide
properly maintained equipment and adequately trained staff at the
prison as well as appropriate training for court staff to ensure that
consistently effective two-way communication is provided between the
prison facility and the courtroom for all appearances that the
department determines to conduct by two-way electronic audiovideo
communication.
(b) If the defendant is represented by counsel, the attorney shall
be present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment. However, if
the defendant is represented by counsel at an arraignment on an
information or indictment in a felony case, and if the defendant does
not plead guilty or nolo contendere to any charge, the attorney
shall be present with the defendant or if the attorney is not present
with the defendant, the attorney shall be present in court during
the hearing.
(c) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the department
shall establish a confidential telephone and facsimile transmission
line between the court and the institution for communication between
the defendant's counsel in court and the defendant at the
institution. In this case, counsel for the defendant shall not be
required to be physically present at the institution during any court
appearance that is conducted via electronic audiovideo
communication. Nothing in this section shall be construed to prohibit
the physical presence of the defense counsel with the defendant at
the state prison.