reglab/housing_qa huggingface dataset:
CA Penal Code § 5057.5 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5057.5.

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 a review and determination by the director that the gift or donation is not subject to illegal or discriminatory conditions, that it does not involve the expenditure of state funds, and that the acceptance of the gift is in the best interests of the state.(b) Notwithstanding subdivision (a), the acceptance of a gift or donation that would involve any expenditure of state funds shall be subject to Section 11005 of the Government Code.(c) It is the intent of the Legislature in enacting this section to recognize the significant contribution that private donors of goods and services can make in supporting the corrections system, and the development of effective vocational education and correctional industries in our prison system. With that objective in mind, the Director of Corrections is encouraged to further develop the current system of gifts and donations through the design of a prompt and efficient review procedure that will encourage donors and protect the interests of the state.(Added by Stats. 1983, Ch. 574, Sec. 1.)
CA Penal Code § 5058 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.

5058.  (a) The director may prescribe and amend rules and regulations for the administration of the prisons and for the administration of the parole of persons sentenced under Section 1170 except those persons who meet the criteria set forth in Section 2962. The rules and regulations shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise provided in this section and Sections 5058.1 to 5058.3, inclusive. All rules and regulations shall, to the extent practical, be stated in language that is easily understood by the general public.For any rule or regulation filed as regular rulemaking as defined in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the California Code of Regulations, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them no less than 20 days prior to its effective date.(b) The director shall maintain, publish and make available to the general public, a compendium of the rules and regulations promulgated by the director pursuant to this section and Sections 5058.1 to 5058.3, inclusive.(c) The following are deemed not to be “regulations” as defined in Section 11342.600 of the Government Code:(1) Rules issued by the director applying solely to a particular prison or other correctional facility, provided that the following conditions are met:(A) All rules that apply to prisons or other correctional facilities throughout the state are adopted by the director pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(B) All rules except those that are excluded from disclosure to the public pursuant to subdivision (f) of Section 6254 of the Government Code are made available to all inmates confined in the particular prison or other correctional facility to which the rules apply and to all members of the general public.(2) Short-term criteria for the placement of inmates in a new prison or other correctional facility, or subunit thereof, during its first six months of operation, or in a prison or other correctional facility, or subunit thereof, planned for closing during its last six months of operation, provided that the criteria are made available to the public and that an estimate of fiscal impact is completed pursuant to Sections 6650 to 6670, inclusive, of the State Administrative Manual.(3) Rules issued by the director that are excluded from disclosure to the public pursuant to subdivision (f) of Section 6254 of the Government Code.(Amended by Stats. 2002, Ch. 787, Sec. 26. Effective January 1, 2003. Superseded on January 1, 2023; see amendment by Stats. 2021, Ch. 615.)
CA Penal Code § 5058.1 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.1.

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 effectiveness of the program, develop new techniques, or gather information.(b) The adoption, amendment, or repeal of a regulation by the director to implement a legislatively mandated or authorized pilot program or a departmentally authorized pilot program, is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, if the following conditions are met:(1) A pilot program affecting male inmates affects no more than 10 percent of the total state male inmate population; a pilot program affecting female inmates affects no more than 10 percent of the total state female inmate population; and a pilot program affecting male and female inmates affects no more than 10 percent of the total state inmate population.(2) The director certifies in writing that the regulations apply to a pilot program that qualifies for exemption under this section. The certification shall include a description of the pilot program and of the methods the department will use to evaluate the results of the pilot program.(3) The certification and regulations are filed with the Office of Administrative Law and the regulations are made available to the public by publication pursuant to subparagraph (F) of paragraph (3) of subdivision (b) of Section 6 of Title 1 of the California Code of Regulations.(4) An estimate of fiscal impact is completed pursuant to Sections 6650 to 6670, inclusive, of the State Administrative Manual.(c) The adoption, amendment, or repeal of a regulation pursuant to this section becomes effective immediately upon filing with the Secretary of State.(d) A regulation adopted pursuant to this section is repealed by operation of law, and the amendment or repeal of a regulation pursuant to this section is reversed by operation of law, two years after the commencement of the pilot program being implemented, unless the adoption, amendment, or repeal of the regulation is promulgated by the director pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purpose of this subdivision, a pilot program commences on the date the first regulatory change implementing the program is filed with the Secretary of State.(Added by Stats. 2001, Ch. 141, Sec. 2. Effective January 1, 2002.)
CA Penal Code § 5058.2 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.2.

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 implementing an action, that is based on a determination by the director that there is a compelling need for immediate action, and that unless the action is taken, serious injury, illness, or death is likely to result. The action, or the policy implementing the action, may be taken provided that the following conditions shall subsequently be met:(1) A written determination of imminent danger shall be issued describing the compelling need and why the specific action or actions must be taken to address the compelling need.(2) The written determination of imminent danger shall be mailed within 10 working days to every person who has filed a request for notice of regulatory actions with the department and to the Chief Clerk of the Assembly and the Secretary of the Senate for referral to the appropriate policy committees.(b) Any policy in effect pursuant to a determination of imminent danger shall lapse by operation of law 15 calendar days after the date of the written determination of imminent danger unless an emergency regulation is filed with the Office of Administrative Law pursuant to Section 5058.3. This section shall in no way exempt the department from compliance with other provisions of law related to fiscal matters of the state.(Added by Stats. 2001, Ch. 141, Sec. 3. Effective January 1, 2002.)
CA Penal Code § 5058.3 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.3.

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 1 of Division 3 of Title 2 of the Government Code, except with respect to the following:(1) Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the initial effective period for an emergency adoption, amendment, or repeal of a regulation shall be 160 days.(2) Notwithstanding subdivision (b) of Section 11346.1 of the Government Code, no showing of emergency is necessary in order to adopt, amend, or repeal an emergency regulation if the director instead certifies, in a written statement filed with the Office of Administrative Law, that operational needs of the department require adoption, amendment, or repeal of the regulation on an emergency basis. The written statement shall include a description of the underlying facts and an explanation of the operational need to use the emergency rulemaking procedure. This paragraph provides an alternative to filing a statement of emergency pursuant to subdivision (b) of Section 11346.1 of the Government Code. It does not preclude filing a statement of emergency. This paragraph only applies to the initial adoption and one readoption of an emergency regulation.(3) Notwithstanding subdivision (b) of Section 11349.6 of the Government Code, the adoption, amendment, or repeal of a regulation pursuant to paragraph (2) shall be reviewed by the Office of Administrative Law within 20 calendar days after its submission. In conducting its review, the Office of Administrative Law shall accept and consider public comments for the first 10 calendar days of the review period. Copies of any comments received by the Office of Administrative Law shall be provided to the department.(4) Regulations adopted pursuant to paragraph (2) of subdivision (a) are not subject to the requirements of paragraph (2) of subdivision (a) of Section 11346.1 of the Government Code.(b) It is the intent of the Legislature, in authorizing the deviations in this section from the requirements and procedures of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to authorize the department to expedite the exercise of its power to implement regulations as its unique operational circumstances require.(Amended by Stats. 2006, Ch. 713, Sec. 7. Effective January 1, 2007.)
CA Penal Code § 5058.4 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.4.

5058.4.  (a) The director shall provide for the development and implementation of a disciplinary matrix with offenses and associated punishments applicable to all department employees, in order to ensure notice and consistency statewide. The disciplinary matrix shall take into account aggravating and mitigating factors for establishing a just and proper penalty for the charged misconduct, as required by the California Supreme Court in Skelly v. State Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or mitigating factors may result in the imposition of a greater or a lesser penalty than might otherwise be mandated by the disciplinary matrix.(b) The director shall adopt a code of conduct for all employees of the department.(c) The director shall ensure that employees who have reported improper governmental activities and who request services from the department are informed of the services available to them.(d) The department shall post the code of conduct in locations where employee notices are maintained. On July 1, 2005, and annually thereafter, the department shall send by electronic mail to its employees who have authorized access to electronic mail, the following:(1) Information regarding the code of conduct.(2) The duty to report misconduct.(3) How to report misconduct.(4) The duty to fully cooperate during investigations.(5) Assurances against retaliation.(Added by Stats. 2004, Ch. 738, Sec. 2. Effective January 1, 2005.)
CA Penal Code § 5058.5 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.5.

5058.5.  In addition to the services rendered by physicians and surgeons, including psychiatrists, or by psychologists, pursuant to Sections 5068 and 5079, physicians and surgeons, including psychiatrists and psychologists, employed by, or under contract to provide mental health services to, the Department of Corrections may also provide the following medically or psychologically necessary services: prescreening of mental disorders; determination of the mental competency of inmates to participate in classification hearings; evaluation of parolees during temporary detention; determining whether mental health treatment should be a condition of parole; and such other services as may be required which are consistent with their licensure.(Added by Stats. 1984, Ch. 1123, Sec. 2.)
CA Penal Code § 5058.6 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.6.

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 Government Code to issue subpoenas as provided in Article 2 (commencing with Section 11180) of Chapter 2 of Division 3 of Title 2 of the Government Code. The department shall adopt regulations on the policies and guidelines for the issuance of subpoenas.(Added by renumbering Section 5058.5 (as added by Stats. 1992, Ch. 695) by Stats. 2001, Ch. 854, Sec. 53. Effective January 1, 2002.)
CA Penal Code § 5058.7 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5058.7.

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 at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.(b) For purposes of this section, “confidential call” means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.(Added by Stats. 2020, Ch. 333, Sec. 1. (AB 3043) Effective January 1, 2021.)
CA Penal Code § 5059 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5059.

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 2760) of Chapter 5 of Title 1 of Part 3.(Amended by Stats. 1987, Ch. 828, Sec. 148.)
CA Penal Code § 5060 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5060.

5060.  The Director of Corrections may assist persons discharged, paroled, or otherwise released from confinement in an institution of the department and may secure employment for them, and for such purposes he may employ necessary officers and employees, may purchase tools, and give any other assistance that, in his judgment, he deems proper for the purpose of carrying out the objects and spirit of this section. Repayment of cash assistance received under this section from the current, or any prior appropriation, shall be credited to the appropriation current at time of such repayment.(Added by Stats. 1965, Ch. 1751.)
CA Penal Code § 5062 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5062.

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 institution, and any personal funds or property of that person remains in the hands of the Director of Corrections, and no demand is made upon the director by the owner of the funds or property or his or her legally appointed representative, all money and other intangible personal property of the person, other than deeds, contracts, or assignments, remaining in the custody or possession of the director shall be held by him or her for a period of three years from the date of that escape, discharge, or parole, for the benefit of that person or his or her successors in interest.Upon the expiration of the three-year period, any money and other intangible personal property, other than deeds, contracts, or assignments, remaining unclaimed in the custody or possession of the director shall be subject to Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure.Upon the expiration of one year from the date of that escape, discharge, or parole:(a) All deeds, contracts, or assignments shall be filed by the director with the public administrator of the county of commitment of that person.(b) All tangible personal property other than money, remaining unclaimed in his or her custody or possession, shall be sold by the director at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by him or her subject to Section 5008 and subject to Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. If he or she deems it expedient to do so, the director may accumulate the property of several inmates and may sell the property in lots as he or she may determine, provided that he or she makes a determination as to each inmate’s share of the proceeds.If any tangible personal property covered by this section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify its retention by the director to be offered for sale at public auction or upon a sealed-bid basis at a later date, the director may order it destroyed.(Amended by Stats. 1992, Ch. 225, Sec. 1. Effective January 1, 1993.)
CA Penal Code § 5063 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5063.

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 upon a sealed-bid basis, or destroyed, under the provisions of Section 5061, and before any personal property or documents are delivered to the public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 5062, of this code, notice of said intended disposition shall be posted at least 30 days prior to the disposition, in a public place at the institution where the disposition is to be made, and a copy of such notice shall be mailed to the last known address of the owner or deceased owner, at least 30 days prior to such disposition. The notice prescribed by this section need not specifically describe each item of property to be disposed of.(Amended by Stats. 1961, Ch. 1962.)
CA Penal Code § 5064 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5064.

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) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure, the director shall deliver to the Controller a schedule setting forth a statement and description of all money and other personal property delivered, and the name and last known address of the owner or deceased owner.(Amended by Stats. 1987, Ch. 828, Sec. 151.)
CA Penal Code § 5065 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5065.

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 any officer thereof for or on account of such property.(Added by Stats. 1951, Ch. 1708.)
CA Penal Code § 5065.5 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation|Section 5065.5.

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 notify the California Department of Corrections and Rehabilitation that the parties have entered into a contract for sale of the offender’s story if both of the following conditions are met:(1) The offender’s conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7.(2) Subdivision (b) of Section 340.3 of the Code of Civil Procedure does not preclude commencement of a civil action against the criminal offender.(b) Within 90 days of being notified, the California Department of Corrections and Rehabilitation shall notify the victim, or if the victim cannot be reasonably notified, a member of the victim’s immediate family, who has requested notification of the existence of a contract described by this section.(c) For purposes of this section, “member of the victim’s immediate family” means a spouse, child, parent, sibling, grandchild, or grandparent.(Amended by Stats. 2016, Ch. 86, Sec. 241. (SB 1171) Effective January 1, 2017.)