TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000. - 7468.]
Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2.
§§ 5000–7468 · 331 sections
CHAPTER 1. The Department of Corrections and Rehabilitation §§ 5000–5035 · 48 sections
- § 5000 (a) Any reference to the Department of Corrections in this or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult…
- § 5000.5 (a) The Legislature hereby finds and declares that the purpose of incarceration is rehabilitation accomplished only if the period of imprisonment is used to…
- § 5001 The Governor may request the State Personnel Board to use extensive recruitment and merit selection techniques and procedures to provide lists of persons…
- § 5002 (a) The department shall succeed to and is hereby vested with all of the powers and duties exercised and performed by the following departments, boards,…
- § 5003 The department has jurisdiction over all of the following prisons and institutions: (a) Avenal State Prison. (b) California Correctional Institution. (c)…
- § 5003.1 (a) On or after January 1, 2020, the department shall not enter into a contract with a private, for-profit prison facility located in or outside of the state…
- § 5003.2 (a) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee, shall provide written notification to any county impacted by the…
- § 5003.5 The Board of Parole Hearings is empowered to advise and recommend to the Secretary of the Department of Corrections and Rehabilitation on general and specific…
- § 5004 The Director of Corrections and the legislative body of any county or city may enter into agreements for mutual police aid. Pursuant to such agreements the…
- § 5004.5 The director shall require each state prison under the department’s jurisdiction to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law…
- § 5004.7 (a) The department shall establish a statewide policy on operational procedures for the handling of threats made by inmates or wards, and threats made by…
- § 5005 (a) The department shall maintain a canteen at an active prison or institution under its jurisdiction for the sale to incarcerated persons of toilet articles,…
- § 5006 (a) (1) All moneys now held for the benefit of inmates currently housed in Department of Corrections and Rehabilitation facilities including those known as the…
- § 5006.1 (a) Notwithstanding any provision in Section 5006, money in the Inmate Welfare Fund shall not be expended to pay charges for any or all of the following…
- § 5007 The Secretary of the Department of Corrections and Rehabilitation may invest money in the Inmate Welfare Fund that in his or her opinion is not necessary for…
- § 5007.3 (a) (1) The department shall establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community-based organizations (CBOs)…
- § 5007.4 (a) (1) The Delancey Street Restaurant Management Program is hereby established for the purpose of teaching marketable skills useful to incarcerated persons…
- § 5007.5 The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an inmate-initiated medical visit of an inmate confined in the…
- § 5007.6 The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical…
- § 5007.7 An inmate who has maintained an inmate trust account with twenty-five dollars ($25) or less for 30 consecutive days shall be deemed indigent. An indigent…
- § 5007.9 (a) The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for durable medical equipment or medical supplies provided to an…
- § 5008 The Secretary of the Department of Corrections and Rehabilitation shall deposit any funds of inmates in his or her possession in trust with the Treasurer…
- § 5008.1 Subject to the availability of adequate state funding for these purposes, the Director of Corrections shall provide all inmates at each penal institution and…
- § 5008.2 (a) During the intake medical examination or intake health screening, or while providing general information during intake, the department shall provide all…
- § 5009 (a) (1) It is the intent of the Legislature that all prisoners shall be afforded reasonable opportunities to exercise religious freedom. (2) It is the intent…
- § 5010 (a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general…
- § 5011 (a) The Department of Corrections shall not require, as a condition for any form of treatment or custody that the department offers, an admission of guilt to…
- § 5021 (a) Any death that occurs in any facility operated by the Department of Corrections and Rehabilitation, the State Department of State Hospitals, a city,…
- § 5022 (a) Upon the entry of a prisoner into a facility operated by the Department of Corrections, and at least every year thereafter, the Director of Corrections…
- § 5023 (a) It is the intent of the Legislature that the Department of Corrections operate in the most cost-effective and efficient manner possible when purchasing…
- § 5023.2 (a) In order to promote the best possible patient outcomes, eliminate unnecessary medical and pharmacy costs, and ensure consistency in the delivery of health…
- § 5023.5 (a) Notwithstanding any other law, the Department of Corrections and Rehabilitation may contract with providers of health care services and health care network…
- § 5023.6 (a) The Department of Corrections and Rehabilitation shall, by January 1, 2011, do all of the following: (1) Adopt industry standard claim forms for use by…
- § 5023.7 (a) Notwithstanding any other provision of law, money recovered prior to July 1, 2011, from an overpayment of a medical contract expenditure, under the…
- § 5024 (a) The Legislature finds and declares that: (1) State costs for purchasing drugs and medical supplies for the health care of offenders in state custody have…
- § 5024.2 (a) The Department of Corrections and Rehabilitation is authorized to maintain and operate a comprehensive pharmacy services program for those facilities under…
- § 5024.5 (a) The Department of Corrections shall adopt policies, procedures, and criteria to identify selected medication categories for the development of utilization…
- § 5025 (a) On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are… see note
- § 5026 (a) The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of…
- § 5027 (a) Upon appropriation by the Legislature in the annual Budget Act, the Department of Corrections and Rehabilitation shall award funding for an innovative…
- § 5028 (a) Upon the entry of any person who is currently or was previously a foreign national into a facility operated by the Department of Corrections, the Director…
- § 5029 (a) The Director of Corrections shall ensure that documents, computers, or computer accessible media containing personal information relating to an employee of…
- § 5030.1 (a) The possession or use of tobacco products by inmates under the jurisdiction of the Department of Corrections is prohibited. The Director of Corrections…
- § 5031 (a) The department shall submit an estimate of expenditures for each state or contracted facility housing offenders and for the cost of supervising offenders…
- § 5032 Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the closure of a prison or juvenile facility operated or leased by…
- § 5033 (a) The Legislature finds and declares all of the following: (1) It is the intent of the Legislature to close additional prisons in the state prison system.…
- § 5034 (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program. (b) The goals of the program shall be both of the following: (1)…
- § 5035 (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program. (b) The goal of the program is to provide opportunities for…
CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation §§ 5050–5073 · 36 sections
- § 5050 Commencing July 1, 2005, any reference to the Director of Corrections in this or any other code refers to the Secretary of the Department of Corrections and…
- § 5051.2 The Director of Corrections shall have wide and successful administrative experience in adult or youth correctional programs embodying rehabilitative concepts.
- § 5052 Any officer or employee of the Department of Corrections and Rehabilitation designated in writing by the secretary, shall have the power of a head of a…
- § 5054 Commencing July 1, 2005, the supervision, management and control of the state prisons, and the responsibility for the care, custody, treatment, training,…
- § 5054.1 The Secretary of the Department of Corrections and Rehabilitation has full power to order returned to custody any person under the secretary’s jurisdiction.…
- § 5054.2 Whenever a person is incarcerated in a state prison for violating Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5, 289, or former Section 288a, and the…
- § 5055 Commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the…
- § 5055.5 (a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each…
- § 5056 (a) Each state prison under the jurisdiction of the department shall have a citizens’ advisory committee except that one committee may serve every prison…
- § 5056.1 (a) The Legislature finds and declares that due to the local conditions resulting in the Chino Valley Independent Fire District having within its area of…
- § 5057 (a) Subject to the powers of the Department of Finance under Section 13300 of the Government Code, the secretary shall establish an accounting and auditing…
- § 5057.5 (a) Notwithstanding Section 11005 of the Government Code, the Director of Corrections may accept a gift or donation of goods or services to the state following…
- § 5058 (a) (1) The director may prescribe and amend rules and regulations for the administration of the prisons and for the administration of the parole of persons…
- § 5058.1 (a) For the purposes of this section, “pilot program” means a program implemented on a temporary and limited basis in order to test and evaluate the…
- § 5058.2 (a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a department action or policy…
- § 5058.3 (a) Emergency adoption, amendment, or repeal of a regulation by the director shall be conducted pursuant to Chapter 3.5 (commencing with Section 11340) of Part…
- § 5058.4 (a) The director shall provide for the development and implementation of a disciplinary matrix with offenses and associated punishments applicable to all…
- § 5058.5 In addition to the services rendered by physicians and surgeons, including psychiatrists, or by psychologists, pursuant to Sections 5068 and 5079, physicians…
- § 5058.6 The Director of the Department of Corrections shall have the authority of a head of a department set forth in subdivision (e) of Section 11181 of the…
- § 5058.7 (a) The department shall approve an attorney’s request to have a confidential call with the inmate that they represent. The approved confidential call shall be…
- § 5059 This title shall not affect the powers or jurisdiction of the Department of Transportation as to road camps pursuant to Article 4 (commencing with Section…
- § 5060 The Director of Corrections may assist persons discharged, paroled, or otherwise released from confinement in an institution of the department and may secure…
- § 5061 Whenever any person confined in any state institution subject to the jurisdiction of the Director of Corrections dies, and no demand or claim is made upon the…
- § 5062 Whenever any person confined in any state institution subject to the jurisdiction of the Director of Corrections escapes, or is discharged or paroled from that…
- § 5063 Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or…
- § 5064 At the time of delivering any money or other personal property to the Treasurer or Controller under Section 5061 or of Article 1 (commencing with Section 1500)…
- § 5065 When any personal property has been destroyed as provided in Section 5061 or 5062, no suit shall thereafter be maintained by any person against the State or…
- § 5065.5 (a) A person or entity that enters into a contract with a criminal offender for the sale of the story of a crime for which the offender was convicted shall…
- § 5066 The Director of Corrections shall expand the existing prison ombudsman program to ensure the comprehensive deployment of ombudsmen throughout the state prison…
- § 5068 (a) For purposes of this section, the following terms have the following meanings: (1) “Incarcerated person’s home” means a place where the incarcerated…
- § 5068.5 (a) Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or…
- § 5069 (a) The administrative director of the Division of Industrial Accidents shall formulate procedures for the selection and orderly referral of injured inmates of…
- § 5070 Notwithstanding any other provision of law, the sex of a prison inmate shall not prevent the Director of Corrections from assigning any prison inmate to…
- § 5071 (a) The Secretary of the Department of Corrections and Rehabilitation shall not assign any prison inmate to employment that provides that inmate with access to…
- § 5072 (a) Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation and the State Department of Health Care Services may develop a…
- § 5073 (a) When jurisdiction of an inmate is transferred from or between the Department of Corrections and Rehabilitation, the State Department of State Hospitals,…
CHAPTER 3. The Board of Parole Hearings §§ 5075–5081 · 13 sections
- § 5075 (a) There is hereby created the Board of Parole Hearings. Any reference to the Board of Prison Terms in this code or any other law refers to the Board of…
- § 5075.1 The Board of Parole Hearings shall do all of the following: (a) Conduct parole consideration hearings, parole rescission hearings, and parole progress hearings…
- § 5075.5 All commissioners and deputy commissioners who conduct hearings for the purpose of considering the parole suitability of prisoners or the setting of a parole…
- § 5075.6 (a) Commissioners and deputy commissioners hearing matters concerning adults under the jurisdiction of the Department of Corrections and Rehabilitation shall…
- § 5076 Each commissioner of the board shall devote his entire time to the duties of his office and shall receive an annual salary provided for by Chapter 6…
- § 5076.1 (a) The board shall meet at each of the state prisons and facilities under the jurisdiction of the Division of Adult Institutions. Meetings shall be held at…
- § 5076.2 (a) Any rules and regulations, including any resolutions and policy statements, promulgated by the Board of Parole Hearings, shall be promulgated and filed…
- § 5076.3 The executive officer of the Board of Parole Hearings shall have the authority of a head of a department set forth in subdivision (e) of Section 11181 of the…
- § 5077 The Board of Prison Terms shall review the prisoners’ requests for reconsideration of denial of good-time credit, and setting of parole length or conditions,…
- § 5078 (a) The Board of Prison Terms shall succeed to and shall exercise and perform all powers and duties granted to, exercised by, and imposed upon the Adult…
- § 5079 The Director of Corrections shall provide facilities and licensed professional personnel for a psychiatric and diagnostic clinic and such branches thereof as…
- § 5080 The Director of Corrections may transfer persons confined in one state prison institution or facility of the Department of Corrections to another. The Board of…
- § 5081 The Governor may remove any member of the Board of Prison Terms for misconduct, incompetency or neglect of duty after a full hearing by the Board of…
CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies §§ 5085–5088 · 4 sections
- § 5085 The Robert Presley Institute of Corrections Research and Training, which provides and aggregates research on youth and adult corrections education and…
- § 5086 It is the intent of the Legislature that the university seek funding from federal, state, and private sources for research projects carried out by the center…
- § 5087 The chancellor of the Riverside campus may appoint an advisory committee to assist in establishing research priorities. The university shall consult with the…
- § 5088 The university shall negotiate and approve terms, services, and costs of contracts and research projects for purposes of this chapter.
CHAPTER 4. Division of Juvenile Facilities §§ 6001–6005 · 2 sections
- § 6001 Commencing July 1, 2005, the establishment, organization, jurisdiction, powers, duties, responsibilities, and functions of the Youth Authority as provided in…
- § 6005 (a) Whenever a person confined to a correctional institution under the supervision of the Department of Corrections and Rehabilitation is charged with a public…
CHAPTER 4.5. Examination of Staff for Tuberculosis §§ 6006–6009 · 4 sections
- § 6006 The Department of Corrections and Rehabilitation shall develop rules regarding the mandatory examination or testing for tuberculosis of the staff of the…
- § 6006.5 For purposes of this chapter, the following definitions shall apply: (a) “Annual TB screening” means a yearly risk assessment to determine the presence of…
- § 6007 (a) A person who is employed by the department and whose primary job functions require them to work inside an institution shall complete baseline TB screening…
- § 6009 In enacting this chapter, the Legislature hereby finds and declares that tuberculosis is a serious contagious disease. It is vital to the health and safety of…
CHAPTER 5. The Corrections Standards Authority §§ 6024–6048.5 · 40 sections
ARTICLE 1. General Provisions §§ 6024–6034 · 26 sections
- § 6024 (a) Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an…
- § 6025 (a) Commencing July 1, 2012, the Board of State and Community Corrections shall be composed of 12 members, as follows: (1) The Chair of the Board of State and…
- § 6025.1 (a) Members of the board, with the exception of the Chair of the Board of State and Community Corrections, shall receive no compensation, but shall be…
- § 6025.5 The Director of Corrections, Board of Prison Terms, the Youthful Offender Parole Board, and the Director of the Youth Authority shall file with the Board of…
- § 6025.6 The Board of Corrections may delegate any ministerial authority or duty conferred or imposed upon the board to a subordinate officer subject to those…
- § 6026 The Corrections Standards Authority shall be the means whereby the Department of Corrections and Rehabilitation may correlate its individual programs for…
- § 6027 (a) It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and community…
- § 6028 Upon request of the Board of Corrections or upon his own initiative, the Governor from time to time may create by executive order one or more special…
- § 6028.1 Each such special commission may investigate any and all matters relating to the subjects specified in the order creating it. In the exercise of its powers the…
- § 6028.2 The Secretary of the Youth and Adult Correctional Agency may furnish for the use of any such commission such facilities, supplies, and personnel as may be…
- § 6028.3 All such special commissions shall make all their reports and recommendations to the Board of Corrections. The Board of Corrections shall consider such reports…
- § 6028.4 The Governor shall report to each regular session of the Legislature the names of any persons appointed under Section 6028 together with a statement of…
- § 6029 (a) The plans and specifications of every jail, prison, or other place of detention of persons charged with or convicted of crime or of persons detained…
- § 6029.1 (a) There is hereby created the County Jail Capital Expenditure Fund. Moneys in the County Jail Capital Expenditure Fund shall be expended by the Board of…
- § 6029.5 The Board of Corrections is authorized to expend money from the County Jail Capital Expenditure Fund, created pursuant to Sections 4412 and 6029.1, on joint…
- § 6030 (a) The Board of State and Community Corrections shall establish minimum standards for local correctional facilities. The board shall review those standards…
- § 6031 (a) The Board of State and Community Corrections shall, at a minimum, inspect each local detention facility in the state biennially. (b) Any duly authorized…
- § 6031.1 (a) Inspections of local detention facilities shall, at a minimum, be made biennially. Inspections of privately operated work furlough facilities and programs…
- § 6031.2 The Board of Corrections shall file with the Legislature on December 30, in each even-numbered year, reports to the Legislature which shall include information…
- § 6031.3 The Board of Corrections is authorized to apply for any funds that may be available from the federal government to further the purposes of Sections 6030 to…
- § 6031.4 (a) For the purpose of this title, “local detention facility” means any city, county, city and county, or regional facility used for the confinement for more…
- § 6031.5 For the purposes of this chapter, the term “correctional personnel” means either of the following: (1) Any person described by subdivision (a) or (b) of…
- § 6031.6 (a) Any privately operated local detention facility responsible for the custody and control of any local prisoner shall, as required by subdivision (a) of…
- § 6032 (a) There is hereby established within the Board of State and Community Corrections the California Juvenile Justice Data Working Group. The purpose of the…
- § 6033 The Board of State and Community Corrections shall, by January 1, 2018, develop recommendations for best practices and standardization for counties on how to…
- § 6034 (a) There is hereby created the position of Director of In-Custody Death Review within the Board of State and Community Corrections. Subject to Senate…
ARTICLE 2. Standards and Training of Local Corrections and Probation Officers §§ 6035–6036 · 2 sections
- § 6035 (a) For the purpose of raising the level of competence of local corrections and probation officers and other correctional personnel, the board shall adopt, and…
- § 6036 For purposes of implementing this article, the board shall have the following powers: (a) Approve or certify, or both, training and education courses at…
ARTICLE 3. Corrections Training Fund § 6040 · 1 section
- § 6040 There is hereby created in the State Treasury a Corrections Training Fund. Upon appropriation from the fund, moneys shall be used exclusively for the costs of…
ARTICLE 4. Mentally Ill Offender Crime Reduction Grants §§ 6045–6045.9 · 5 sections
- § 6045 (a) The Board of State and Community Corrections shall administer mentally ill offender crime reduction grants on a competitive basis to counties that expand…
- § 6045.2 (a) A county shall be eligible to apply for either an adult mentally ill offender grant or a juvenile mentally ill offender grant or both in accordance with…
- § 6045.4 (a) The application submitted by a county shall describe a four-year plan for the programs, services, or strategies to be provided under the grant. The board…
- § 6045.6 The board shall establish minimum requirements, funding criteria, and procedures for awarding grants, which shall take into consideration, but not be limited…
- § 6045.9 The board may use up to 5 percent of the funds appropriated for purposes of this article to administer this program, including technical assistance to counties…
ARTICLE 5. Second Chance Program §§ 6046–6046.3 · 4 sections
- § 6046 (a) The purpose of this article is to build safer communities by investing in community-based programs, services, and initiatives for formerly incarcerated…
- § 6046.1 For the purposes of this article, the following definitions shall apply: (a) “Board” means the Board of State and Community Corrections. (b) “Fund” means the…
- § 6046.2 (a) The Second Chance Fund is hereby created in the State Treasury. The board shall be responsible for administering the fund. Moneys in the fund are hereby…
- § 6046.3 (a) The board shall administer a competitive grant program to carry out the purposes of this article that focuses on community-based solutions for reducing…
ARTICLE 7. Standards for Mental Health Care in Local Correctional Facilities §§ 6048–6048.5 · 2 sections
- § 6048 Commencing July 1, 2024, the board shall develop and adopt regulations setting minimum standards for mental health care at local correctional facilities that…
- § 6048.5 As used in this article, “qualified mental health care professional” means a physician, physician assistant, nurse, nurse practitioner, psychologist licensed…
CHAPTER 6. Appointment of Personnel §§ 6050–6055 · 3 sections
- § 6050 (a) The Governor, upon recommendation of the secretary, shall appoint the wardens of the various state prisons. Each warden shall be subject to removal by the…
- § 6053 (a) All persons other than temporary appointees heretofore serving in the state civil service and engaged in the performance of a function transferred to the… see note
- § 6055 The Department of Corrections and the Department of the Youth Authority may provide time off with pay to security and treatment personnel who take courses…
CHAPTER 6.5. Internal Investigations § 6065 · 1 section
- § 6065 (a) The Legislature finds and declares that investigations of the Department of Corrections and the Department of the Youth Authority that are conducted by…
CHAPTER 7. Definitions §§ 6080–6082 · 3 sections
- § 6080 As used in his part, the following terms have the meanings described below: (a) “Department” refers to the Department of Corrections. (b) “Director” refers to…
- § 6081 As used in this code, “prison” and “state prison” include the California Institution for Women.
- § 6082 References in this title and in Title 5 (commencing with Section 4500) to prisons refer to all facilities, camps, hospitals and institutions for the…
CHAPTER 8. The Medical Facility §§ 6100–6106 · 7 sections
- § 6100 There is hereby established an institution under the jurisdiction of the Department of Corrections to be known as the Medical Facility.
- § 6101 The Medical Facility shall be located in the northern part of the State.
- § 6102 The primary purpose of the medical facility shall be the receiving, segregation, confinement, treatment, and care of males under the custody of the Department…
- § 6103 The Director of Corrections shall construct and equip, in accordance with law, suitable buildings, structures, and facilities for the Medical Facility.
- § 6104 The Director of Corrections shall make rules and regulations for the government of the Medical Facility and the management of its affairs.
- § 6105 The Governor, upon the recommendation of the Director of Corrections, in accordance with Section 6050, shall appoint a warden for the medical facility. The…
- § 6106 The supervision, management, and control of the Medical Facility and the responsibility for the care, custody, treatment, training, discipline and employment…
CHAPTER 8.2. Office of the Inspector General §§ 6125–6133 · 15 sections
- § 6125 There is hereby created the independent Office of the Inspector General which shall not be a subdivision of any other governmental entity. The Governor shall…
- § 6126 (a) The Inspector General shall be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department…
- § 6126.2 The Inspector General shall not hire any person known to be considered a suspect or subject in an investigation being conducted by any federal, state, or local…
- § 6126.3 (a) The Inspector General shall not destroy any papers or memoranda used to support a completed review within three years after a report is released. (b)…
- § 6126.4 It is a misdemeanor for the Inspector General or any employee or former employee of the Inspector General to divulge or make known in any manner not expressly…
- § 6126.5 (a) Notwithstanding any other law, the Inspector General during regular business hours or at any other time determined necessary by the Inspector General,…
- § 6126.6 (a) Prior to filling a vacancy for warden by appointment pursuant to Section 6050, or superintendent pursuant to Section 1049 of the Welfare and Institutions…
- § 6127.1 The Inspector General shall be deemed to be a department head for the purpose of Section 11189 of the Government Code in connection with any duties authorized…
- § 6127.3 (a) In connection with duties authorized pursuant to this chapter, the Office of the Inspector General may do any of the following: (1) Administer oaths. (2)…
- § 6127.4 (a) The superior court in the county in which any interview is held under the direction of the Inspector General, or his or her designee, pursuant to duties…
- § 6128 (a) The Office of the Inspector General may receive communications from any individual, including those employed by any department, board, or authority who…
- § 6129 (a) (1) For purposes of this section, “employee” means any person employed by the Department of Corrections and Rehabilitation. (2) For purposes of this…
- § 6130 (a) (1) The Office of the Inspector General shall post the Centralized List of Disapproved Publications maintained by the Department of Corrections and…
- § 6132 (a) (1) Notwithstanding Section 10231.5 of the Government Code, the Inspector General shall report annually to the Governor and the Legislature a summary of…
- § 6133 (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation…
CHAPTER 9. Conservation Centers §§ 6200–6208 · 9 sections
- § 6200 There are hereby established, under the jurisdiction of the Director of Corrections, the Sierra Conservation Center, the North Coast Conservation Center and…
- § 6201 The primary purpose of the conservation centers shall be the receiving, employment, care, custody and education of inmates in the custody of the Director of…
- § 6202 (a) Work of inmates assigned to the conservation centers may be performed at the conservation centers or branches thereof or in or from permanent, temporary,…
- § 6203 The Director of Corrections shall, in accordance with law, construct and provide equipment for suitable buildings, structures, and facilities for the…
- § 6204 The Director of Corrections shall make rules and regulations for the government of the conservation centers in the management of their affairs.
- § 6205 Each conservation center shall be headed by a warden, appointed pursuant to Section 6050, and the Director of Corrections shall appoint, subject to civil…
- § 6206 The supervision, management, and control of the conservation centers and the responsibility for the care, custody, treatment, training, discipline, and…
- § 6207 The provisions of Part 3 (commencing with Section 2000), insofar as applicable, apply to the conservation centers and branches thereof and any permanent,…
- § 6208 Any persons under the custody of the Director of Corrections may be transferred to the conservation centers in accordance with law.
CHAPTER 9.2. Restitution Centers §§ 6220–6236 · 18 sections
- § 6220 The Director of Corrections may establish and operate facilities to be known as restitution centers.
- § 6221 The purpose of restitution centers is to provide a means for those sentenced to prison to be able to pay their victims’ financial restitution, which includes…
- § 6222 The location for a restitution center or centers shall be determined by the Director of Corrections with approval from the county board of supervisors or city…
- § 6223 Restitution centers shall be located in areas which will maximize the employment opportunities of persons sentenced to the centers.
- § 6224 The supervision, management, and control of the restitution centers and the responsibility for the care, custody, discipline, and employment of persons…
- § 6224.5 The Director of Corrections may commingle inmates who have been assigned to a restitution center pursuant to Section 6227 with inmates who are in transit for…
- § 6225 Supervision of inmates in the restitution centers may be by contract with private nonprofit or profit corporations, or by peace officer personnel of the…
- § 6226 The Director of Corrections in establishing a restitution center shall enter into an agreement with the county, city, or city and county in which the facility…
- § 6227 The court may order the Department of Corrections to place an eligible defendant in a restitution center if the court makes a restitution order, or if a…
- § 6227.5 The Judicial Council shall provide information to sentencing courts to ensure that the judges responsible for sentencing are aware of the existence of the…
- § 6228 A defendant is eligible for placement in a restitution center if the defendant does not have a criminal history of a conviction for the sale of drugs within…
- § 6229 In each county, city, or city and county, in which a restitution center is established, there shall be a restitution center community advisory board to assist…
- § 6230 (a) Offenders shall perform all the labor necessary to maintain the restitution center and meet the offenders’ needs unless the director finds that a…
- § 6231 (a) Wages earned by an offender, less any deductions for taxes, shall be paid directly to the Department of Corrections. (b) Wage moneys received by the…
- § 6233 (a) An offender shall not leave a restitution center except to go to work or when specifically authorized and shall return to the restitution center…
- § 6234 (a) The offender shall not be allowed to take employment if the rate of pay or other conditions of employment are less than those paid or provided for work of…
- § 6235 The Department of Corrections shall, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt…
- § 6236 This chapter shall be known as “Restitution Centers.”
CHAPTER 9.4. Substance Abuse Community Correctional Detention Centers §§ 6240–6246 · 11 sections
- § 6240 The Legislature finds and declares the following: (a) The number of people in state prisons whose primary commitment offense was for drug law violations…
- § 6240.5 This act shall be known, and may be cited, as the Substance Abuse Community Correctional Treatment Act.
- § 6240.6 For purposes of this chapter, the following definitions shall apply: (a) “Board” means the Board of Corrections. (b) “Department” means the Department of…
- § 6241 (a) The Substance Abuse Community Correctional Detention Centers Fund is hereby created within the State Treasury. The Board of Corrections is authorized to…
- § 6241.5 Because of the difficulties of finding locations for programs described in this chapter, the state shall assist in making state-owned lands available to…
- § 6242 (a) The county shall assume full responsibility to administer and operate the center and program consistent with the criteria set forth in this chapter and…
- § 6242.5 (a) The board shall establish minimum standards, including security requirements, for the construction of facilities pursuant to this chapter. (b) The board…
- § 6242.6 (a) The board shall provide evaluation of the progress, activities, and performance of each center and participating county’s progress established pursuant to…
- § 6243 Primary offender groups to be dealt with in the programs established by this chapter shall be probation or parole violators who would otherwise be returned to…
- § 6245 In submitting a proposal, a county’s plan shall include at least all of the following elements that meet standards established by the board in its request for…
- § 6246 Each recipient county shall set up a program oversight committee, under rules and guidelines the Board of Corrections formulates, which shall include…
CHAPTER 9.5. Community Correctional Centers §§ 6250–6259 · 11 sections
- § 6250 (a) The Director of Corrections may establish and operate facilities to be known as community correctional centers. The director may enter into a long-term…
- § 6250.5 (a) The Director of Corrections may contract for the establishment and operation of community correctional facilities that offer programs for the treatment of…
- § 6251 The primary purpose of such facilities is to provide housing, supervision, counseling, and other correctional programs for persons committed to the Department…
- § 6252 The Director of Corrections shall make rules and regulations for the government of the community correctional centers in the management of their affairs.
- § 6253 (a) The Director of Corrections may transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the Department of…
- § 6254 The Director of Corrections may grant furloughs to residents of community correctional centers for the purpose of employment, education, including vocational…
- § 6255 The provisions of Title 5 (commencing with Section 4500) of Part 3 shall apply to all persons placed in a community correctional center by the Director of…
- § 6256 The Director of Corrections may enter into contracts, with the approval of the Director of General Services, with appropriate public or private agencies, to…
- § 6258 (a) The Secretary of the Department of Corrections and Rehabilitation may contract for the establishment and operation of separate community correctional…
- § 6258.1 An inmate shall not be transferred to a community correctional reentry facility unless all of the following conditions are met: (a) The inmate applies for a…
- § 6259 (a) For the purposes of acquiring the 2,000 community correctional facility beds and notwithstanding any other provision of law, the procurement and…
CHAPTER 9.6. Work Furlough Programs §§ 6260–6265 · 6 sections
- § 6260 The Legislature finds and declares the following: that overcrowding in correctional institutions is not a desirable method of housing state inmates; that other…
- § 6261 (a) To the extent that public and private nonprofit and profit corporations have available beds and satisfy the criteria specified in this chapter, the…
- § 6262 The Department of Corrections may contract with a public or private nonprofit or profit corporation meeting all the following conditions: (a) Availability of a…
- § 6263 (a) The Department of Corrections shall deny placement in a reentry work furlough program if it determines that an inmate would pose an unreasonable risk to…
- § 6264 The Department of Corrections shall review each inmate for work furlough consideration at least 120 days prior to his or her scheduled parole date.
- § 6265 Any inmate violating the conditions of the work furlough prescribed by the Department of Corrections shall be subject to the disciplinary procedures identified…
CHAPTER 9.7. Special Facilities § 6267 · 1 section
- § 6267 (a) (1) The Legislature finds and declares that the purpose of the program authorized under this section is to address the special needs of inmates with regard…
CHAPTER 10. Regional Jail Camps §§ 6300–6304 · 5 sections
- § 6300 The Department of Corrections is authorized to establish and operate regional jail camps.
- § 6301 The primary purpose of the camps shall be the confinement, treatment, and care of persons sentenced to long jail terms, including persons so imprisoned as a…
- § 6302 The Director of Corrections shall make rules and regulations governing eligibility for commitment or transfer to such camps and rules and regulations for the…
- § 6303 (a) The director may enter into a contract, with the approval of the Director of General Services, with any county of the state, upon the request of the board…
- § 6304 The Director of Corrections may return to the committing authority any person committed transferred to a regional jail camp pursuant to this chapter when there…
CHAPTER 10.5. Prison Visitor Services §§ 6350–6356 · 7 sections
- § 6350 The Legislature finds and declares the following: (a) Maintaining an inmate’s family and community relationships is an effective correctional technique which…
- § 6351 The Department of Corrections shall contract with a private nonprofit agency or agencies to establish and operate a visitor center outside each state adult…
- § 6352 Each visitor center shall provide, at a minimum, each of the following services to prison visitors: (a) Assistance to visitors with transportation between…
- § 6353 Each nonprofit agency which the department contracts with pursuant to Section 6351 shall submit to the department and to the Legislature an annual report which…
- § 6354 The Department of Corrections shall employ all the following criteria in selecting the agency or agencies with which it contracts pursuant to Section 6351: (a)…
- § 6355 Nothing in this chapter is intended to limit the department in developing additional programs or making all reasonable efforts to promote visits to prisoners.
- § 6356 The department shall cooperate with the Department of Transportation in the development of public transportation services to prisons, pursuant to Section…
CHAPTER 10.7. Prison Visitation §§ 6400–6405 · 8 sections
- § 6400 Any amendments to existing regulations and any future regulations adopted by the Department of Corrections which may impact the visitation of inmates shall do…
- § 6401 (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary…
- § 6401.5 The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form…
- § 6401.8 The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or…
- § 6402 The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the department’s contraband interdiction efforts for individuals…
- § 6404 Inmates shall not be prohibited from family visits based solely on the fact that the inmate was sentenced to life without the possibility of parole or was…
- § 6404.5 (a) The department shall expedite a family visitation application process for incarcerated pregnant persons in order to prevent delays for visitation for the…
- § 6405 (a) By July 1, 2024, upon request by a visitor, the department shall scan documents into the Strategic Offender Management Systems (SOMS), including, but not…
CHAPTER 10.9. Prisoner Protections for Family and Community Health Act § 6500 · 1 section
- § 6500 Based on the recommendations contained in the “Evaluation of a Prisoner Condom Access Pilot Program Conducted in One California State Prison Facility” report,…
CHAPTER 11. Master Plan Construction §§ 7000–7050 · 18 sections
- § 7000 (a) The Department of Corrections and Rehabilitation shall prepare plans for, and construct facilities and renovations included within, its master plan for…
- § 7001 Any power, function, or jurisdiction for planning or construction of facilities or renovations pursuant to the master plan which is conferred by statute upon…
- § 7002 The department may transfer the responsibility for undertaking any aspect of the master plan to the Department of General Services or the Office of the State…
- § 7003 For each facility or project included within its master plan, at least 30 days prior to submission of preliminary plans to the State Public Works Board, the…
- § 7003.5 (a) The department shall provide the Joint Legislative Budget Committee with quarterly reports on the progress of funded projects consistent with the…
- § 7004 The plans required pursuant to Section 7000 shall contain the department’s plan for soliciting and receiving local public comment regarding the placement of a…
- § 7004.5 The Department of Corrections and Rehabilitation shall meet with representatives of cities or, if the prison is located in an unincorporated location,…
- § 7005 Notwithstanding any other provision of law, mitigation funding shall be distributed to any local education agency, or any city, county, or city and county as a…
- § 7005.5 (a) Any funds appropriated for mitigation costs pursuant to Section 7005 shall be divided as follows: one-half for allocation among any impacted local…
- § 7006 (a) The Department of the Youth Authority is authorized to transfer to the Department of Corrections title to any property of the Preston School of Industry at…
- § 7008 (a) Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to the addition of 150 Level I and Level II beds authorized by…
- § 7010 (a) The Director of Corrections may solicit bids for any lease or lease-purchase for the establishment of a prison facility for a site in Los Angeles County.…
- § 7011 (a) The Department of Corrections shall submit to the Joint Legislative Prison Committee, the Kings County Board of Supervisors, the Corcoran City Council, and…
- § 7012 (a) The Department of Corrections shall submit to the Joint Legislative Prison Committee, the State Public Works Board, the appropriate county board of…
- § 7013 The Department of Corrections shall contract, or make a good-faith effort to contract, with the Department of Water Resources or the Bureau of Reclamation, or…
- § 7015 (a) Except as provided in subdivision (b), the Department of Corrections may contract with the City of Folsom for the construction of a courthouse and related…
- § 7016 The Department of Corrections may contract with the County of Kern for the construction and financing of a courthouse and related facilities. Under this…
- § 7050 (a) (1) Section 28 of Chapter 7 of the Statutes of 2007 contains an appropriation of three hundred million dollars ($300,000,000) for capital outlay to be…
CHAPTER 14. New Prison Construction Bond Act of 1986 §§ 7300–7311 · 13 sections
- § 7300 This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1986.
- § 7301 The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds…
- § 7302 There is in the State Treasury the 1986 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by this act shall…
- § 7303 The 1986 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the State Treasurer, and the Director of Finance. That…
- § 7304 The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate of five…
- § 7305 The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then…
- § 7306 The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult corrections…
- § 7307 (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general…
- § 7308 There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following: (a) That…
- § 7309 For the purpose of carrying out the provisions of this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund…
- § 7309.5 Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of…
- § 7310 All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7306 but…
- § 7311 Money in the fund may only be expended pursuant to appropriations by the Legislature.
CHAPTER 15. New Prison Construction Bond Act of 1988 §§ 7400–7414 · 16 sections
- § 7400 This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1988.
- § 7401 The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds…
- § 7402 There is in the State Treasury the 1988 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by this act shall…
- § 7403 The 1988 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance. That…
- § 7404 The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal…
- § 7405 The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then…
- § 7406 (a) Except as provided in subdivision (b), the moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred…
- § 7407 (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general…
- § 7408 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter…
- § 7409 For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or…
- § 7409.5 Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of…
- § 7410 The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the…
- § 7411 Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section…
- § 7412 All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7406 but…
- § 7413 Money in the fund may only be expended pursuant to appropriations by the Legislature.
- § 7414 The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that…
CHAPTER 16. New Prison Construction Bond Act of 1990 §§ 7420–7434 · 16 sections
- § 7420 This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1990.
- § 7421 The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds…
- § 7422 There is in the State Treasury the 1990 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by this chapter…
- § 7423 The 1990 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance, or their…
- § 7424 The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal…
- § 7425 The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then…
- § 7426 The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctional…
- § 7426.5 Moneys deposited in the fund may also be used for the refinancing of interim debt incurred for any of the purposes specified in Section 7426.
- § 7427 (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general…
- § 7428 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter…
- § 7429 For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or…
- § 7430 The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the…
- § 7431 Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section…
- § 7432 All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7426 but…
- § 7433 Money in the fund may only be expended pursuant to appropriations by the Legislature.
- § 7434 The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that…
CHAPTER 17. Children of Incarcerated Parents §§ 7440–7445 · 6 sections
- § 7440 The California Research Bureau in the California State Library shall conduct a study of the children of women who are incarcerated in state prisons. The…
- § 7441 The purpose of the survey of state prisoners is to determine how many have children and to gather basic information about the children to include the following…
- § 7442 (a) The purpose of the review of local agency records, in a representative sample of California counties, is to obtain outcome information about the status of…
- § 7443 The California Research Bureau shall follow appropriate procedures to ensure confidentiality of the records and to protect the privacy of the survey…
- § 7444 The California Research Bureau shall convene an advisory group to assist in designing and administering the study.
- § 7445 The California Research Bureau shall submit a report to the Legislature on or before January 1, 2003, analyzing the findings of its research, upon completion…
CHAPTER 18. Clearances §§ 7460–7468 · 9 sections
- § 7460 For purposes of this chapter, the following definitions apply: (a) “Annual gate clearance” refers to a clearance status allowing a program provider or legal…
- § 7461 (a) The department shall provide forms to the institution for short-term gate clearances. The institution shall only use the forms provided by the department…
- § 7462 (a) The department shall provide a standardized clearance packet to the institution for annual gate clearances. The institution shall only use the clearance…
- § 7463 (a) The department shall provide a standardized packet of forms to the institution for a program provider identification card, which allows program providers…
- § 7464 (a) (1) The department shall accept applications for statewide gate clearance from qualified program providers and legal professionals and, if a program…
- § 7465 (a) The department shall designate a standardized approval process for people who were formerly incarcerated and who are applying for all clearances covered by…
- § 7466 (a) The department shall notify all applicants for clearance of their right to appeal clearance decisions and of the process for filing an appeal. (b) The…
- § 7467 (a) The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice from an applicant…
- § 7468 The following persons shall, upon request, be granted a short-term gate clearance for any institution without the requirement to apply for a clearance for all…