Section 336 | CALCRIM (Jury Instructions)

This supporting evidence requirement does not apply where the
testimony of an in-custody informant is offered for any purpose other
than proving (guilt/ [or] a special circumstance/evidence in aggravation).
[Supporting evidence, however, may be slight. It does not need to be
enough, by itself, to prove that the defendant is guilty of the charged
crime, and it does not need to support every fact (mentioned by the
accomplice in the statement/ [or] about which the witness testified). On
the other hand, it is not enough if the supporting evidence merely shows
that a crime was committed or the circumstances of its commission. The
supporting evidence must tend to connect the defendant to the
commission of the crime.]
[Do not use the (statement/ [or] testimony) of an in-custody informant to
support the (statement/ [or] testimony) of another in-custody informant
unless you are convinced that
<insert name of party calling
in-custody informant as witness> has proven it is more likely than not that
the in-custody informant has not communicated with another in-custody
informant on the subject of the testimony.]
[A percipient witness is someone who personally perceived the matter
that he or she testified about.]
<Insert the name of the in-custody informant if his or her statement is not in
dispute>
[
<insert name of witness> is an in-custody informant.]
[
<insert name of institution> is a correctional institution.]
New January 2006; Revised August 2012, February 2016, October 2021, March
2023
BENCH NOTES
Instructional Duty
The court must give this instruction on request. (Pen. Code, § 1127a.)
The court should also be aware of the following statutory provisions relating to in-
custody informants: Penal Code sections 1127a(c) [prosecution must disclose
consideration given to witness]; 1191.25 [prosecution must notify victim of in-
custody informant]; and 4001.1 [limitation on payments to in-custody informants
and action that may be taken by in-custody informant].
If there is no issue over whether the witness is an in-custody informant and the
parties agree, the court may instruct the jury that the witness “is an in-custody
informant.” If there is an issue over whether the witness is an in-custody informant,
give the bracketed definition of the term.
The committee awaits guidance from courts of review on the issue of whether this
EVIDENCE
CALCRIM No. 336
113

337. Witness in Custody or Physically Restrained
<Alternative A—physically restrained>
[When
<insert name[s] of witness[es]> testified, (he/she/
they) (was/were) physically restrained. Do not speculate about the
reason. You must completely disregard this circumstance in deciding the
issues in this case. Do not consider it for any purpose or discuss it
during your deliberations. Evaluate the witness’s testimony according to
the instructions I have given you.]
<Alternative B—in custody>
[When
<insert name[s] of witness[es]> testified, (he/she/
they) (was/were) in custody. [Do not speculate about the reason.] The
f