SECTIONS 3700-3706 - California Statutes

PENAL CODE

SECTION 3700-3706

3700. No judge, court, or officer, other than the Governor, can
suspend the execution of a judgment of death, except the warden of
the State prison to whom he is delivered for execution, as provided
in the six succeeding sections, unless an appeal is taken.

3700.5. Whenever a court makes and causes to be entered an order
appointing a day upon which a judgment of death shall be executed
upon a defendant, the warden of the state prison to whom such
defendant has been delivered for execution or, if the defendant is a
female, the warden of the Central California Women's Facility, shall
notify the Director of Corrections who shall thereupon select and
appoint three alienists, all of whom must be from the medical staffs
of the Department of Corrections, to examine the defendant, under the
judgment of death, and investigate his or her sanity. It is the duty
of the alienists so selected and appointed to examine such defendant
and investigate his or her sanity, and to report their opinions and
conclusions thereon, in writing, to the Governor, to the warden of
the prison at which the execution is to take place, or, if the
defendant is female, the warden of the Central California Women's
Facility, at least 20 days prior to the day appointed for the
execution of the judgment of death upon the defendant. The warden
shall furnish a copy of the report to counsel for the defendant upon
his or her request.

3701. If, after his delivery to the warden for execution, there is
good reason to believe that a defendant, under judgment of death, has
become insane, the warden must call such fact to the attention of
the district attorney of the county in which the prison is situated,
whose duty it is to immediately file in the superior court of such
county a petition, stating the conviction and judgment, and the fact
that the defendant is believed to be insane, and asking that the
question of his sanity be inquired into. Thereupon the court must at
once cause to be summoned and impaneled, from the regular jury list
of the county, a jury of 12 persons to hear such inquiry.

3702. The district attorney must attend the hearing, and may
produce witnesses before the jury, for which purpose he may issue
process in the same manner as for witnesses to attend before the
grand jury, and disobedience thereto may be punished in like manner
as disobedience to process issued by the court.

3703. The verdict of the jury must be entered upon the minutes, and
thereupon the court must make and cause to be entered an order
reciting the fact of such inquiry and the result thereof, and when it
is found that the defendant is insane, the order must direct that he
be taken to a medical facility of the Department of Corrections, and
there kept in safe confinement until his reason is restored.

3704. If it is found that the defendant is sane, the warden must
proceed to execute the judgment as specified in the warrant; if it is
found that the defendant is insane, the warden must suspend the
execution and transmit a certified copy of the order mentioned in the
last section to the Governor, and deliver the defendant, together
with a certified copy of such order, to the superintendent of the
medical facility named in such order. When the defendant recovers his
sanity, the superintendent of such medical facility must certify
that fact to the judge of the superior court from which the defendant
was committed as insane, who must thereupon fix a date upon which,
after 10 days' written notice to the defendant and the district
attorney of the county from which the defendant was originally
sentenced and the district attorney of the county from which he was
committed to the medical facility, a hearing shall be had before said
judge sitting without a jury to determine whether or not the
defendant has in fact recovered his sanity. If the defendant appears
without counsel, the court shall appoint counsel to represent him at
said hearing. If the judge should determine that the defendant has
recovered his sanity he must certify that fact to the Governor, who
must thereupon issue to the warden his warrant appointing a day for
the execution of the judgment, and the warden shall thereupon return
the defendant to the state prison pending the execution of the
judgment. If, however, the judge should determine that the defendant
has not recovered his sanity he shall direct the return of the
defendant to a medical facility of the Department of Corrections, to
be there kept in safe confinement until his sanity is restored.

3704.5. Any defendant who, on March 4, 1972, is in a state hospital
under court order pursuant to Section 3703, as that section read on
March 3, 1972, shall be transferred to a medical facility of the
Department of Corrections, designated by the Director of Corrections,
and there kept in safe confinement until his or her reason is
restored. Section 3704 shall apply when the defendant recovers his or
her sanity.

3705. If there is good reason to believe that a female against whom
a judgment of death is rendered is pregnant, such proceedings must
be had as are provided in Section 3701, except that instead of a
jury, as therein provided, the court may summon three disinterested
physicians, of good standing in their profession, to inquire into the
supposed pregnancy, who shall, in the presence of the court, but
with closed doors, if requested by the defendant, examine the
defendant and hear any evidence that may be produced, and make a
written finding and certificate of their conclusion, to be approved
by the court and spread upon the minutes. The provisions of Section
3702 apply to the proceedings upon such inquiry.

3706. If it is found that the female is not pregnant, the warden
must execute the judgment; if it is found that she is pregnant the
warden must suspend the execution of the judgment, and transmit a
certified copy of the finding and certificate to the Governor. When
the Governor receives from the warden a certificate that the
defendant is no longer pregnant, he must issue to the warden this
warrant appointing a day for the execution of the judgment.