2009 California Penal Code - Section 3600-3607 :: Chapter 1. Executing Death Penalty

PENAL CODE
SECTION 3600-3607

3600.  (a) Every male person, upon whom has been imposed the
judgment of death, shall be delivered to the warden of the California
state prison designated by the department for the execution of the
death penalty, there to be kept until the execution of the judgment,
except as provided in subdivision (b).
   (b) Notwithstanding any other provision of law:
   (1) A condemned inmate who, while in prison, commits any of the
following offenses, or who, as a member of a gang or disruptive
group, orders others to commit any of these offenses, may, following
disciplinary sanctions and classification actions at San Quentin
State Prison, pursuant to regulations established by the Department
of Corrections, be housed in secure condemned housing designated by
the Director of Corrections, at the California State Prison,
Sacramento:
   (A) Homicide.
   (B) Assault with a weapon or with physical force capable of
causing serious or mortal injury.
   (C) Escape with force or attempted escape with force.
   (D) Repeated serious rules violations that substantially threaten
safety or security.
   (2) The condemned housing program at California State Prison,
Sacramento, shall be fully operational prior to the transfer of any
condemned inmate.
   (3) Specialized training protocols for supervising condemned
inmates shall be provided to those line staff and supervisors at the
California State Prison, Sacramento, who supervise condemned inmates
on a regular basis.
   (4) An inmate whose medical or mental health needs are so critical
as to endanger the inmate or others may, pursuant to regulations
established by the Department of Corrections, be housed at the
California Medical Facility or other appropriate institution for
medical or mental health treatment. The inmate shall be returned to
the institution from which the inmate was transferred when the
condition has been adequately treated or is in remission.
   (c) When housed pursuant to subdivision (b) the following shall
apply:
   (1) Those local procedures relating to privileges and
classification procedures provided to Grade B condemned inmates at
San Quentin State Prison shall be similarly instituted at California
State Prison, Sacramento, for condemned inmates housed pursuant to
paragraph (1) of subdivision (b) of Section 3600. Those
classification procedures shall include the right to the review of a
classification no less than every 90 days and the opportunity to
petition for a return to San Quentin State Prison.
   (2) Similar attorney-client access procedures that are afforded to
condemned inmates housed at San Quentin State Prison shall be
afforded to condemned inmates housed in secure condemned housing
designated by the Director of Corrections, at the California State
Prison, Sacramento. Attorney-client access for condemned inmates
housed at an institution for medical or mental health treatment shall
be commensurate with the institution's visiting procedures and
appropriate treatment protocols.
   (3) A condemned inmate housed in secure condemned housing pursuant
to subdivision (b) shall be returned to San Quentin State Prison at
least 60 days prior to his scheduled date of execution.
   (4) No more than 15 condemned inmates may be rehoused pursuant to
paragraph (1) of subdivision (b).
   (d) Prior to any relocation of condemned row from San Quentin
State Prison, whether proposed through legislation or any other
means, all maximum security Level IV, 180-degree housing unit
facilities with an electrified perimeter shall be evaluated by the
Department of Corrections for suitability for the secure housing and
execution of condemned inmates.

3601.  Every female person, upon whom has been imposed the judgment
of death, shall be delivered to the warden of the Central California
Women's Facility, there to be held pending decision upon appeal.

3602.  Upon the affirmance of her appeal, the female person
sentenced to death shall thereafter be delivered to the warden of the
California state prison designated by the department for the
execution of the death penalty, not earlier than three days before
the day upon which judgment is to be executed; provided, however,
that in the event of a commutation of sentence said female prisoner
shall be returned to the Central California Women's Facility, there
to be confined pursuant to such commutation.

3603.  The judgment of death shall be executed within the walls of
the California State Prison at San Quentin.

3604.  (a) The punishment of death shall be inflicted by the
administration of a lethal gas or by an intravenous injection of a
substance or substances in a lethal quantity sufficient to cause
death, by standards established under the direction of the Department
of Corrections.
   (b) Persons sentenced to death prior to or after the operative
date of this subdivision shall have the opportunity to elect to have
the punishment imposed by lethal gas or lethal injection. This choice
shall be made in writing and shall be submitted to the warden
pursuant to regulations established by the Department of Corrections.
If a person under sentence of death does not choose either lethal
gas or lethal injection within 10 days after the warden's service
upon the inmate of an execution warrant issued following the
operative date of this subdivision, the penalty of death shall be
imposed by lethal injection.
   (c) Where the person sentenced to death is not executed on the
date set for execution and a new execution date is subsequently set,
the inmate again shall have the opportunity to elect to have
punishment imposed by lethal gas or lethal injection, according to
the procedures set forth in subdivision (b).
   (d) Notwithstanding subdivision (b), if either manner of execution
described in subdivision (a) is held invalid, the punishment of
death shall be imposed by the alternative means specified in
subdivision (a).

3605.  (a) The warden of the state prison where the execution is to
take place shall be present at the execution and shall, subject to
any applicable requirement or definition set forth in subdivision
(b), invite the presence of the Attorney General, the members of the
immediate family of the victim or victims of the defendant, and at
least 12 reputable citizens, to be selected by the warden. The warden
shall, at the request of the defendant, permit those ministers of
the Gospel, not exceeding two, as the defendant may name, and any
persons, relatives or friends, not to exceed five, to be present at
the execution, together with those peace officers or any other
Department of Corrections employee as he or she may think expedient,
to witness the execution. But no other persons than those specified
in this section may be present at the execution, nor may any person
under 18 years of age be allowed to witness the execution.
   (b) (1) For purposes of an invitation required by subdivision (a)
to members of the immediate family of the victim or victims of the
defendant, the warden of the state prison where the execution is to
take place shall make the invitation only if a member of the
immediate family of the victim or victims of the defendant so
requests in writing. In the event that a written request is made, the
warden of the state prison where the execution is to take place
shall automatically make the invitation 30 days prior to the date of
an imminent execution or as close to this date as practicable.
   (2) For purposes of this section, "immediate family" means those
persons who are related by blood, adoption, or marriage, within the
second degree of consanguinity or affinity.
   (c) No physician or any other person invited pursuant to this
section, whether or not employed by the Department of Corrections,
shall be compelled to attend the execution, and any physician's
attendance shall be voluntary. A physician's or any other person's
refusal to attend the execution shall not be used in any disciplinary
action or negative job performance citation.

3607.  After the execution, the warden must make a return upon the
death warrant to the clerk of the court by which the judgment was
rendered, showing the time, mode, and manner in which it was
executed.

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.