Prison Crimes Flashcards
Are correctional officers peace officer?
Yes.
Penal Code section 830.5 says, “the following persons are peace officers…” and lists various employees of the Department of Corrections and Rehabilitation. (See Pen. Code, § 830.5(a).) Subsection (b) lists “[a] correctional officer employed by the Department of Corrections and Rehabilitation […].”
What Penal Code section governs removal of state prisoners for felony trial?
§ 2620
When it is necessary to have a person imprisoned in state prison brought before any court to be tried for a felony [..] an order for the prisoner’s temporary removal from said prison, and for the prisoner’s production before such court […] must be made by the superior court of the county in which said action […] is pending.
(Pen. Code, § 2620.)
Who executes a removal order?
The sheriffs.
Generally, under the Penal Code, when it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting in another county, as a witness, a prescribed order for that purpose may be made by the court and executed by the sheriff of the county where it is made. (Pen. Code, § 1567; see also 21A Cal. Jur. 3d Criminal Law: Trial § 719.)
Can an incarcerated witness testify electronically?
Yes.
(Pen. Code, § 2624.)
Can an incarcerated witness testify electronically over the People’s objection?
No.
In criminal cases, electronic testimony may be used only with the consent of both parties expressed in open court, and in consultation with the defendant’s counsel, on a waiver by the defendant of the right to compel the physical presence of the witness under the federal and State Constitutions. This waiver may be rescinded by the defendant on a showing of good cause. (Pen. Code, § 2624, subd. (c).)
Are statements made during the 115 process admissible?
Yes.
People v. Fradiue (2000) 80 Cal.App.4th 15
Is a guilty plea made at a 115 hearing admissible?
Yes.
People v. Valadez (2011) 2011 WL 135809 (unpublished).
