Prisoners: temporary removal.

Under existing law, 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. Existing law authorizes the superior court, when it is necessary to have a prisoner brought before any court to be tried for a felony, or for other limited purposes, to order the prisoner's temporary removal from prison, and the prisoner's production before the court, grand jury, or magistrate. Existing law additionally authorizes the superior court, when the testimony of a material witness is required in a criminal action and the witness is a prisoner in the state prison, to order the prisoner's temporary removal from prison, and the prisoner's production before the court, grand jury, or magistrate. This bill would authorize the superior court to 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. The bill would authorize the order to 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, as specified. The bill would make the expense of executing the order a proper charge against, and require payment by, the county in which the order is made. The bill would provide that 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.