In-custody informants.

Existing law defines an in-custody informant to mean a person, other than a codefendant, percipient witness, accomplice, or coconspirator whose testimony is based upon statements made by the defendant while both the defendant and the informant are held within a correctional institution. Existing law prohibits a law enforcement or correctional official from giving, offering, or promising to give any monetary payment in excess of $50 in return for an in-custody informant's testimony in any criminal proceeding, as specified. Existing law requires the prosecution to file with the court a written statement prior to trial setting out any and all consideration, as defined, promised to, or received by, the in-custody informant when the prosecution calls an in-custody informant as a witness in any criminal trial. This bill would revise the definition of an in-custody informant to refer to a person, other than a codefendant, percipient witness, accomplice, or coconspirator who provides testimony or information for use in the investigation or prosecution of a defendant based upon statements made by the defendant while both the defendant and the informant are housed within a correctional institution. The bill would require the prosecutor, when the prosecution intends to use information or testimony from an in-custody informant in any criminal prosecution, to file with the court a written statement setting out the substance of all communications between the informant and any member of the prosecution, or a law enforcement or correctional agency, regarding the informant's possible testimony or participation in information gathering, and setting out any and all consideration impliedly or expressly offered or promised to, or requested or received by, the in-custody informant. The bill would require the statement to contain specified information, including the informant's complete criminal history, including pending criminal charges or investigations in which the informant is a suspect. The bill would authorize disclosure of the statement to the defense to be denied, restricted, or deferred upon a showing of good cause, as defined. The bill would also revise the definition of consideration for purposes of these provisions. This bill would expand the scope of the prohibition against a law enforcement or correctional official giving, offering, or promising to give a monetary payment to make it applicable to a member of a prosecutorial entity, among other changes. The bill would also make the provision applicable to property and gifts, among other benefits, and would limit the combined value of those benefits to $100. The bill would also make technical changes.