2009 California Penal Code - Section 2620-2625 :: Article 2. Prisoners As Witnesses

PENAL CODE
SECTION 2620-2625

2620.  When it is necessary to have a person imprisoned in the state
prison brought before any court to be tried for a felony, or for an
examination before a grand jury or magistrate preliminary to such
trial, or for the purpose of hearing a motion or other proceeding, to
vacate a judgment, an order for the prisoner's temporary removal
from said prison, and for the prisoner's production before such
court, grand jury or magistrate, must be made by the superior court
of the county in which said action, motion, or examination is pending
or by a judge thereof; such order shall be made only upon the
affidavit of the district attorney or defense attorney, stating the
purpose for which said person is to be brought before the court,
grand jury or magistrate or upon the court's own motion. The order
shall be executed by the sheriff of the county in which it shall be
made, whose duty it shall be to bring the prisoner before the proper
court, grand jury or magistrate, to safely keep the prisoner, and
when the prisoner's presence is no longer required to return the
prisoner to the prison from whence the prisoner was taken; the
expense of executing such order shall be a proper charge against, and
shall be paid by, the county in which the order shall be made.
   Such order shall recite the purposes for which said person is to
be brought before the court, grand jury or magistrate, and shall be
signed by the judge making the order and sealed with the seal of the
court. The order must be to the following effect:

   County of ____ (as the case may be).
   The people of the State of California to the warden of ____:
   An order having been made this day by me, that A.B. be produced in
the ____ court (or before the grand jury, as the case may be) to be
prosecuted or examined for the crime of ____, a felony (or to have
said motion heard), you are commanded to deliver the prisoner into
the custody of ____ for the purpose of (recite purposes).
   Dated this ____ day of ____, 19__.

   When a prisoner is removed from a state prison under this section
the prisoner shall remain in the constructive custody of the warden
thereof. During the prisoner's absence from the prison, the prisoner
may be ordered to appear in other felony proceedings as a defendant
or witness in the courts of the county from which the original order
directing removal issued. A copy of the written order directing the
prisoner to appear before any such court shall be forwarded by the
district attorney to the warden of the prison having protective
custody of the prisoner.

2621.  When the testimony of a material witness is required in a
criminal action, before any court in this state, or in an examination
before a grand jury or magistrate in a felony case and such witness
is a prisoner in a state prison, an order for the prisoner's
temporary removal from such prison, and for the prisoner's production
before such court, grand jury or magistrate, may be made by the
superior court of the county in which such action or examination is
pending or by a judge thereof; but in case the prison is out of the
county in which the application is made, such order shall be made
only upon the affidavit of the district attorney or of the defendant
or the defendant's counsel, showing that the testimony is material
and necessary; and even then the granting of the order shall be in
the discretion of said superior court or a judge thereof. The order
shall be executed by the sheriff of the county in which it is made,
whose duty it shall be to bring the prisoner before the proper court,
grand jury or magistrate, to safely keep the prisoner, and when the
prisoner is no longer required as a witness, to return the prisoner
to the prison whence the prisoner was taken; the expense of executing
such order shall be a proper charge against, and shall be paid by,
the county in which the order shall be made. Such orders shall recite
the purposes for which said person is to be brought before the
court, grand jury or magistrate, and shall be signed by the
magistrate or judge making the order, and sealed with the seal of the
court, if any.
   Such order must be to the following effect:

   County of ____ (as the case may be).
   The people of the State of California to the warden of ____:
   An order having been made this day by me, that A. B. be produced
in this court as witness in the case of ____, you are commanded to
deliver the prisoner into the custody of ____ for the purpose of
(recite purposes).
   Dated this ____ day of ____, 19__.

   When a prisoner is removed from a state prison under this section
the prisoner shall remain in the constructive custody of the warden
hereof. During the prisoner's absence from the prison, the prisoner
may be ordered to appear in other felony proceedings as a defendant
or witness in the courts of the county from which the original order
directing removal issued. A copy of the written order directing the
prisoner to appear before any such court shall be forwarded by the
district attorney to the warden of the prison having protective
custody of the prisoner.

2621.5.  The provisions of Sections 2620 and 2621 which impose a
charge upon the counties shall not apply to cases coming within the
provisions of Section 4750.

2622.  When the order for personal appearance is not made pursuant
to Section 2620 or Section 2621 the deposition of the prisoner may be
taken in the manner provided for in the case of a witness who is
sick, and Chapter 4 (commencing with Section 1335) of Title 10 of
Part 2 shall, so far as applicable, govern in the application for and
in the taking and use of that deposition. The deposition may be
taken before any magistrate or notary public of the county in which
the prison is situated; or in case the defendant is unable to pay for
taking the deposition, before an officer of the prison designated by
the board, whose duty it shall be to act without compensation. Every
officer before whom testimony shall be taken under this section,
shall have authority to administer, and shall administer, an oath to
the witness that his or her testimony shall be the truth, the whole
truth, and nothing but the truth.

2623.  If in a civil action or special proceeding a witness be a
prisoner, confined in a state prison within this state, an order for
the prisoner's examination in the prison by deposition may be made.
   1. By the court itself in which the action or special proceeding
is pending, unless it be a small claims court.
   2. By a judge of the superior court of the county where the action
or proceeding is pending, if pending before a small claims court or
before a judge or other person out of court.
   Such order can only be made on the motion of a party, upon
affidavit showing the nature of the action or proceeding, the
testimony expected from the witness, and its materiality. The
deposition, when ordered, shall be taken in accordance with Section
2622.

2624.  (a) Notwithstanding any other provision of law, a court may,
upon the submission of a written request by the party calling the
witness, order an incarcerated witness to testify in legal
proceedings via two-way electronic audiovisual communication.
   (b) As used in this section, "legal proceedings" includes
preliminary hearings, civil trials, and criminal trials.
   (c) With reference to criminal trials only, the procedure
described in this section shall only be used with the consent of both
parties expressed in open court, and, in consultation with the
defendant's counsel, upon a waiver by the defendant of his or her
right to compel the physical presence of the witness, pursuant to the
Sixth Amendment to the United States Constitution and Section 15 of
Article I of the California Constitution. This waiver may be
rescinded by the defendant upon a showing of good cause.
   (d) No inducement shall be offered nor any penalty imposed in
connection with a defendant's consent to allow a witness to testify
via closed-circuit television.

2625.  (a) For the purposes of this section only, the term "prisoner"
includes any individual in custody in a state prison, the California
Rehabilitation Center, or a county jail, or who is a ward of the
Department of the Youth Authority or who, upon a verdict or finding
that the individual was insane at the time of committing an offense,
or mentally incompetent to be tried or adjudged to punishment, is
confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private treatment
facility.
   (b) In any proceeding brought under Part 4 (commencing with
Section 7800) of Division 12 of the Family Code, and Section 366.26
of the Welfare and Institutions Code, where the proceeding seeks to
terminate the parental rights of any prisoner, or any proceeding
brought under Section 300 of the Welfare and Institutions Code, where
the proceeding seeks to adjudicate the child of a prisoner a
dependent child of the court, the superior court of the county in
which the proceeding is pending, or a judge thereof, shall order
notice of any court proceeding regarding the proceeding transmitted
to the prisoner.
   (c) Service of notice shall be made pursuant to Section 7881 or
7882 of the Family Code or Section 290.2, 291, or 294 of the Welfare
and Institutions Code, as appropriate.
   (d) Upon receipt by the court of a statement from the prisoner or
his or her attorney indicating the prisoner's desire to be present
during the court's proceedings, the court shall issue an order for
the temporary removal of the prisoner from the institution, and for
the prisoner's production before the court. No proceeding may be held
under Part 4 (commencing with Section 7800) of Division 12 of the
Family Code or Section 366.26 of the Welfare and Institutions Code
and no petition to adjudge the child of a prisoner a dependent child
of the court pursuant to subdivision (a), (b), (c), (d), (e), (f),
(i), or (j) of Section 300 of the Welfare and Institutions Code may
be adjudicated without the physical presence of the prisoner or the
prisoner's attorney, unless the court has before it a knowing waiver
of the right of physical presence signed by the prisoner or an
affidavit signed by the warden, superintendent, or other person in
charge of the institution, or his or her designated representative
stating that the prisoner has, by express statement or action,
indicated an intent not to appear at the proceeding.
   (e) In any other action or proceeding in which a prisoner's
parental or marital rights are subject to adjudication, an order for
the prisoner's temporary removal from the institution and for the
prisoner's production before the court may be made by the superior
court of the county in which the action or proceeding is pending, or
by a judge thereof. A copy of the order shall be transmitted to the
warden, superintendent, or other person in charge of the institution
not less than 15 days before the order is to be executed. The order
shall be executed by the sheriff of the county in which it shall be
made, whose duty it shall be to bring the prisoner before the proper
court, to keep the prisoner safely, and when the prisoner's presence
is no longer required, to return the prisoner to the institution from
which he or she was taken. The expense of executing the order shall
be a proper charge against, and shall be paid by, the county in which
the order shall be made.
   The order shall be to the following effect:

   County of ____ (as the case may be).
   The people of the State of California to the warden of ____:
   An order having been made this day by me, that (name of prisoner)
be produced in this court as a party in the case of ____, you are
commanded to deliver (name of prisoner) into the custody of ____ for
the purpose of (recite purposes).
   Dated this ____ day of ____, 20__.

   (f) When a prisoner is removed from the institution pursuant to
this section, the prisoner shall remain in the constructive custody
of the warden, superintendent, or other person in charge of the
institution.
   (g) Notwithstanding any other law, a court may not order the
removal and production of a prisoner sentenced to death, whether or
not that sentence is being appealed, in any action or proceeding in
which the prisoner's parental rights are subject to adjudication.


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