reglab/housing_qa huggingface dataset:
CA Penal Code § 4901 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned|Section 4901.

4901.  (a) A claim under Section 4900, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of complaints in civil actions, is required to be presented by the claimant to the California Victim Compensation Board within a period of 10 years after judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later.(b) For purposes of subdivision (a), “release from custody” means release from imprisonment from state prison or from incarceration in county jail when there is no subsequent parole jurisdiction exercised by the Department of Corrections and Rehabilitation or postrelease jurisdiction under a community corrections program, or when there is a parole period or postrelease period subject to jurisdiction of a community corrections program, when that period ends.(c) A person may not file a claim under Section 4900 until 60 days have passed since the date of reversal of conviction or granting of the writ, or while the case is pending upon an initial refiling, or until a complaint or information has been dismissed a single time.(Amended by Stats. 2019, Ch. 473, Sec. 2. (SB 269) Effective January 1, 2020.)
CA Penal Code § 4902 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned|Section 4902.

4902.  (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 30 days of the presentation of the claim, calculate the compensation for the claimant pursuant to Section 4904 and recommend to the Legislature payment of that sum. As to any claim to which Section 851.865 or 1485.55 does not apply, the Attorney General shall respond to the claim within 60 days or request an extension of time, upon a showing of good cause.(b) Upon receipt of a response from the Attorney General, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing. The board shall use reasonable diligence in setting the date for the hearing and shall attempt to set the date for the hearing at the earliest date convenient for the parties and the board.(c) If the time period for response elapses without a request for extension or a response from the Attorney General pursuant to subdivision (a), the board shall fix a time and place for the hearing of the claim, mail notice thereof to the claimant at least 15 days prior to the time fixed for the hearing, and make a recommendation based on the claimant’s verified claim and any evidence presented by the claimant.(d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and recommend to the Legislature payment of that sum, unless the Attorney General objects in writing, within 45 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. If the Attorney General declines to object within the allotted period of time, then the board shall issue its recommendation pursuant to Section 4904 within 60 days thereafter. Upon receipt of the objection, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall recommend to the Legislature payment of the compensation sum calculated pursuant to Section 4904. (Amended by Stats. 2021, Ch. 490, Sec. 4. (SB 446) Effective January 1, 2022.)
CA Penal Code § 4903 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned|Section 4903.

4903.  (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact that the crime with which they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration.(b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim.(c) In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board.(d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation. (e) The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation.(f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section.(Amended by Stats. 2021, Ch. 490, Sec. 5. (SB 446) Effective January 1, 2022.)
CA Penal Code § 4904 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned|Section 4904.

4904.  If the evidence shows that the crime with which the claimant was charged was either not committed at all, or, if committed, was not committed by the claimant, or for claims pursuant to subdivision (b) of Section 4900, the Attorney General’s office has not met their burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense, and the California Victim Compensation Board has found that the claimant has sustained injury through their erroneous conviction and imprisonment, the California Victim Compensation Board shall report the facts of the case and its conclusions to the next Legislature, with a recommendation that the Legislature make an appropriation for the purpose of indemnifying the claimant for the injury. The amount of the appropriation recommended shall be a sum equivalent to one hundred forty dollars ($140) per day of incarceration served, and shall include any time spent in custody, including in a county jail, that is considered to be part of the term of incarceration. That appropriation shall not be treated as gross income to the recipient under the Revenue and Taxation Code.(Amended by Stats. 2021, Ch. 490, Sec. 6. (SB 446) Effective January 1, 2022.)
CA Penal Code § 4905 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned|Section 4905.

4905.  The California Victim Compensation Board shall make up its report and recommendation and shall give to the Controller a statement showing its recommendations for appropriations under this chapter, as provided by law in cases of other claimants against the state for which no appropriations have been made.(Amended by Stats. 2016, Ch. 31, Sec. 254. (SB 836) Effective June 27, 2016.)
CA Penal Code § 4906 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned|Section 4906.

4906.  The California Victim Compensation Board is hereby authorized to make all needful rules and regulations consistent with the law for the purpose of carrying into effect this chapter.(Amended by Stats. 2016, Ch. 31, Sec. 255. (SB 836) Effective June 27, 2016.)
CA Penal Code § 5000 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5000.

5000.  Commencing July 1, 2005, any reference to the Department of Corrections in this or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult Operations.Nothing in the act enacted by Senate Bill 737 of the 2005-06 Regular Session shall be construed to alter the primary objective of adult incarceration under the reorganized Department of Corrections and Rehabilitation, which remains public safety as articulated in the legislative findings and declarations set forth in Section 1170.(Amended by Stats. 2005, Ch. 10, Sec. 32. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
CA Penal Code § 5001 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5001.

5001.  The Governor may request the State Personnel Board to use extensive recruitment and merit selection techniques and procedures to provide lists of persons qualified for appointment pursuant to Article 14 (commencing with Section 12838) of Chapter 1 of Part 2.5 of Division 3 of the Government Code. The Governor may appoint any person from the lists of qualified persons or may reject all names and appoint other persons who meet the requirements of the positions.(Amended by Stats. 2006, Ch. 538, Sec. 519. Effective January 1, 2007.)
CA Penal Code § 5002 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5002.

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, bureaus, commissions, and officers when such powers and duties are not otherwise vested by law:(1) The Department of Penology.(2) The State Board of Prison Directors.(3) The Bureau of Paroles.(4) The warden and the clerk of the California State Prison at San Quentin.(5) The warden and the clerk of the California State Prison at Folsom.(6) The warden of and the clerk of the California Institution for Men.(7) The California Crime Commission.(b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections, the Board of Corrections or the Board of Prison Terms, then the Department of Corrections, the Board of Corrections or the Board of Prison Terms, to whichever one the designation is made to refer, shall exercise the power or perform the duty heretofore exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a).(c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to and shall be exercised and performed by the Department of Corrections, except as may be otherwise expressly provided by law.(d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such exercise shall be subject to the supervision and control of the Director of Corrections. All powers and duties not expressly vested in the wardens are transferred to and shall be exercised and performed by the Department of Corrections. When the designation of warden is expressly made to refer to the Department of Corrections, the department shall exercise the power and perform the duty heretofore exercised or performed by the warden.(e) The Board of Prison Terms shall succeed to and is hereby vested with all of the powers and duties exercised and performed by the following boards when such powers and duties are not otherwise vested by law:(1) The Board of Prison Terms and Paroles.(2) The Advisory Pardon Board.(3) The Adult Authority.(4) The Women’s Board of Terms and Paroles.(5) The Community Release Board.(Amended by Stats. 1989, Ch. 1420, Sec. 20.)
CA Penal Code § 5003 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5003.

5003.  The department has jurisdiction over the following prisons and institutions:(a) The California State Prison at San Quentin.(b) The California State Prison at Folsom.(c) The California Institution for Men.(d) The California Institution for Women.(e) The Deuel Vocational Institution.(f) The California Medical Facility.(g) The Correctional Training Facility.(h) The California Men’s Colony.(i) The California Correctional Institution at Tehachapi.(j) The California Rehabilitation Center.(k) The California Correctional Center at Susanville.(l) The Sierra Correctional Center.(m) The Richard J. Donovan Correctional Facility at Rock Mountain.(n) Mule Creek State Prison.(o) Northern California Women’s Facility.(p) Pelican Bay State Prison.(q) Avenal State Prison.(r) California State Prison—King’s County at Corcoran.(s) Chuckawalla Valley State Prison.(t) Those other institutions and prison facilities as the Department of Corrections or the Director of Corrections may be authorized by law to establish, including, but not limited to, prisons in Madera, Kern, Imperial, and Los Angeles Counties.(Amended by Stats. 1990, Ch. 981, Sec. 11. Effective September 18, 1990.)
CA Penal Code § 5003.1 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5003.1.

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 to provide housing for state prison inmates.(b) On or after January 1, 2020, the department shall not renew an existing contract with a private, for-profit prison facility located in or outside of the state to incarcerate state prison inmates.(c) After January 1, 2028, a state prison inmate or other person under the jurisdiction of the department shall not be incarcerated in a private, for-profit prison facility.(d) As used in this section, “private, for-profit prison facility” does not include a facility that is privately owned, but is leased and operated by the department.(e) Notwithstanding subdivisions (a) and (b), the department may renew or extend a contract with a private, for-profit prison facility to provide housing for state prison inmates in order to comply with the requirements of any court-ordered population cap.(Added by Stats. 2019, Ch. 739, Sec. 1. (AB 32) Effective January 1, 2020.)
CA Penal Code § 5003.2 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5003.2.

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 opening, closing, or changing of location of any reception center that accepts prisoners from county facilities, or by the opening, closing, or changing of the location of a parole office. Written notification of these changes shall also be provided to the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California at least 90 days prior to the proposed change.(b) The notification requirement in this section shall not apply to the opening, closing, or changing of location of a facility due to an emergency created by a riot, quarantine, or natural disaster.(Added by Stats. 2013, Ch. 32, Sec. 13. (SB 76) Effective June 27, 2013.)
CA Penal Code § 5003.5 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5003.5.

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 policies and procedures relating to the duties and functions of the secretary. The secretary is empowered to advise and recommend to the board on matters of general and specific policies and procedures, relating to the duties and functions of the board. The secretary and the board shall meet for purposes of exchange of information and advice.(Amended by Stats. 2005, Ch. 10, Sec. 34. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
CA Penal Code § 5003.7 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5003.7.

5003.7.  On or before January 10, 2021, the Department of Corrections and Rehabilitation shall notify the budget committees of each house and the Legislative Analyst’s Office of a specific state-owned and operated prison for closure. On or before January 10, 2022, the Department of Corrections and Rehabilitation shall notify the budget committees of each house and the Legislative Analyst’s Office of a second specific state-owned and operated prison for closure. In identifying prisons for closure, the department shall consider the following criteria:(a) The department shall prioritize closure of prisons with relatively high operational costs or costly infrastructure needs compared to inmate capacity, flexible housing assignment capacity, and long-term operational value.(b) The department shall consider the cost of rebuilding the capital investments that have already been made in the prison at other prisons, to the extent that those capital investments would need to be rebuilt at other prisons should the prison in question be closed.(Added by Stats. 2020, Ch. 29, Sec. 19. (SB 118) Effective August 6, 2020.)
CA Penal Code § 5004 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5004.

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 director may authorize employees of state prisons and institutions to cooperate, anywhere within the State, with county and city peace officers in connection with any existing emergency. While so employed the employees shall have all the benefits of workmen’s compensation laws, retirement laws, and all other similar laws and for such purposes shall be deemed to be performing services in the course of their regular official duties.(Added by Stats. 1949, Ch. 870.)
CA Penal Code § 5004.5 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5004.5.

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 enforcement agencies. The plan, together with any supporting information, shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison.Nothing in this section shall require the department to disclose any information which may threaten the security of an institution or the safety of the surrounding community.(Added by Stats. 1984, Ch. 608, Sec. 1. Effective July 19, 1984.)
CA Penal Code § 5004.7 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM|CHAPTER 1 - The Department of Corrections and Rehabilitation|Section 5004.7.

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 family members of inmates or wards, against department staff. The policy shall include methods to ensure that department staff members are advised of threats made against them by inmates, wards, or family members of inmates or wards, and shall require that all threats against department staff made by inmates, wards, or family members of inmates or wards are thoroughly investigated. A copy of the statewide policy shall be accessible to members of the public upon request.(b) This section does not prohibit an individual institution within the department from developing a more detailed notification procedure for advising staff members of threats made against them. If an individual institution has a more detailed policy, the policy shall be accessible to every member of the staff of the institution.(c) The department shall provide training on the policy developed pursuant to this section as part of its existing training programs.(d) The policy developed pursuant to this section shall be fully implemented by July 1, 2016.(Added by Stats. 2015, Ch. 195, Sec. 1. (AB 293) Effective August 13, 2015.)