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 California Institution for Women, 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 county clerk of the court by which the judgment
was rendered, showing the time, mode, and manner in which it was
executed.

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 California Institution for Women, 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 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.