Chapter 7 – Adult Case Records Information

73040.6 State Court Removal Orders

• A state superior court order requiring the physical appearance of an incarcerated person in court (a removal order) shall be signed by a judge, bear the seal of the court, and be certified by the court clerk (two of the three requirements will suffice). For federal court orders, see DOMDepartment Operations Manual section 73040.14.3.

• PCPenal Code sections 2620, 2621, and 2625 require court orders must include the reason for removal.

• Compliance with orders issued under PCPenal Code sections 2620, 2621, and 2625 is mandatory, unless the order is successfully challenged and vacated by a court. Case Records Services works with OLAOffice of Legal Affairs to hire the Attorney General to challenge these removal orders.

• A PCPenal Code section 2620 order requires the appearance of an incarcerated person who is a defendant in a criminal case.

• A PCPenal Code section 2621 order requires the appearance of an incarcerated person who is a witness in a criminal case.

• A PCPenal Code section 2625 order requires the appearance of an incarcerated person who is a parent or spouse in a family law case.

• The order under PCPenal Code sections 2620, 2621, and 2625 shall recite a specific date and may include language the order applies to future hearing dates.

• For trials in civil cases, the California Supreme Court held in Payne v. Superior Court, in certain circumstances an incarcerated person may be removed from prison to attend trials.

• Facility Administrator Authorization to Attend Civil Matters pursuant to PCPenal Code section 2690:

  • Facility administrators are authorized to grant temporary community releases to appropriate incarcerated persons to appear in civil matters when the following conditions are met:

    • The incarcerated person must be eligible for an escorted release to the community.

    • The incarcerated person must be willing to accept such release.

    • The incarcerated person must return within 72 hours of release.

• For situations not meeting (h) above, a court order is necessary under subsection (k) or (l) below.

• The order must be in substantially the following form:
  * County of _______________. The people the State California to the Warden of ______________ and to the Sheriff of _________________ County. An order having been made this day by me that ________________ be produced in court as a party in the case of _______________, the Warden is commanded deliver into the custody of the Sheriff of _______________ County, and the Sheriff is commanded to deliver that person to the court for the purpose of ____________ (recite_purposes) _______ , and to return that person upon the conclusion of the court proceedings. Dated this ____________ day of _______________, 20, ______________ .
  * The Correctional Case Records Manager (CCRMCorrectional Case Records Manager) shall consult with the Classification and Parole Representative (C&PRClassification & Parole Representative), or designee, to determine if there are any safety, security or other concerns regarding the removal or transport of the incarcerated person. If concerns exist, the removal order shall be forwarded to OLAOffice of Legal Affairs via Case Records Services. If no concerns exist, the institution shall follow the order for the appearance.
  * If the removal order requires CDCRCalifornia Department of Corrections and Rehabilitation to do the transport, it shall be forwarded to OLAOffice of Legal Affairs via Case Records Services.

• PCPenal Code section 2690.5 permits a court to issue an order for an incarcerated person to be removed from an institution for a legitimate law enforcement purpose. These orders are often “filed under seal” and have strict redaction requirements and requirements for inclusion into the Central File (C-File). Contact the CCRMCorrectional Case Records Manager for these requirements.

• State Supreme Court or Court of Appeal orders must bear the seal of the court and certification by the clerk of said court.