reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 2 - Administration of State Prisons › ARTICLE 2 - Wardens › Section 2085.8.

2085.8. (a) Compensatory or punitive damages awarded by trial or settlement to any inmate, parolee, person placed on postrelease community supervision pursuant to Section 3451, or defendant on mandatory supervision imposed pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 in connection with a civil action brought against a federal, state, or local jail, prison, or correctional facility, or any official or agent thereof, shall be paid directly, after payment of reasonable attorney’s fees and litigation costs approved by the court, to satisfy any outstanding restitution orders or restitution fines against that person. The balance of the award shall be forwarded to the payee after full payment of all outstanding restitution orders and restitution fines, subject to subdivision (c).
(b) The department shall make all reasonable efforts to notify the victims of the crime for which that person was convicted concerning the pending payment of any compensatory or punitive damages. For any prisoner punished by imprisonment in a county jail pursuant to subdivision (h) of Section 1170, the agency may make all reasonable efforts to notify the victims of the crime for which that person was convicted concerning the pending payment of any compensatory or punitive damages.
(c) (1) The secretary shall deduct and retain from any prisoner or parolee settlement or trial award an administrative fee that totals 5 percent of any amount paid from the settlement or award to satisfy an outstanding restitution order or fine, unless prohibited by federal law.
(2) The agency may deduct and retain from any settlement or trial award of a person previously imprisoned in county jail an administrative fee that totals 5 percent of any amount paid from the settlement or award to satisfy an outstanding restitution order or fine, unless prohibited by federal law.
(3) The secretary or the agency shall deposit the administrative fee moneys in a special deposit account for reimbursing administrative and support costs of the department’s or agency’s restitution program, as applicable. The secretary, at his or her discretion, or the agency may either retain any excess funds in the special deposit account for future reimbursement of the department’s or agency’s administrative and support costs for the restitution program or may transfer all or part of the excess funds for deposit in the Restitution Fund.
(Added by Stats. 2016, Ch. 718, Sec. 3. (SB 1054) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 2 - Administration of State Prisons › ARTICLE 2 - Wardens › Section 2086.

2086. The wardens may make temporary rules and regulations, in case of emergency, to remain in force until the department otherwise provides.
(Amended by Stats. 1944, 3rd Ex. Sess., Ch. 2.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 2 - Administration of State Prisons › ARTICLE 2 - Wardens › Section 2087.

2087. The wardens shall perform such other duties as may be prescribed by the department.
(Amended by Stats. 1957, Ch. 2256.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 2 - Administration of State Prisons › ARTICLE 2 - Wardens › Section 2090.

2090. The department is hereby authorized to receive from the Federal Government any federal prisoner and to charge and receive from the United States, for the use of the State, an amount sufficient for the support of each such federal prisoner, the cost of all clothing that may be furnished, and one dollar ($1) per month for the use of the prisoner. No other or further charges shall be made by any officer for or on account of such prisoners.
(Amended by Stats. 1957, Ch. 2256.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 2 - Administration of State Prisons › ARTICLE 6 - Prohibition Upon Wardens, Clerks, Officers and Employees › Section 2540.

2540. No officer or employee of the department shall receive directly, or indirectly, any compensation for his services other than that prescribed or authorized by law or the director; nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent, or employee of a contractor. For any violation of the provisions of this section the officer or employee shall be discharged from his office or service; and every contractor, or employee, or agent of a contractor engaged therein, shall be expelled from the prison grounds, and not again permitted within the same as a contractor, agent, or employee.
(Amended by Stats. 1957, Ch. 2256.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 2 - Administration of State Prisons › ARTICLE 6 - Prohibition Upon Wardens, Clerks, Officers and Employees › Section 2541.

2541. No officer or employee of the department, or contractor, or employee of a contractor, shall, without permission of the director, make any gift or present to a prisoner, or receive any from a prisoner, or have any barter or dealings with a prisoner. For every violation of the provisions of this section, the party engaged therein shall incur the same penalty as prescribed in the preceding section. No officer or employee of the prison shall be interested, directly or indirectly, in any contract or purchase made or authorized to be made by anyone for or on behalf of the prisons.
(Amended by Stats. 1957, Ch. 2256.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 1 - Civil Rights › Section 2600.

2600. (a) A person sentenced to imprisonment in a state prison or to imprisonment pursuant to subdivision (h) of Section 1170 may during that period of confinement be deprived of such rights, and only such rights, as is reasonably related to legitimate penological interests.
(b) Nothing in this section shall be construed to overturn the decision in Thor v. Superior Court, 5 Cal. 4th 725.
(Amended (as amended by Stats. 2011, Ch. 15, Sec. 462) by Stats. 2011, Ch. 665, Sec. 1.5. (AB 1114) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 1 - Civil Rights › Section 2601.

2601. Subject only to the provisions of that section, each person described in Section 2600 shall have the following civil rights:
(a) Except as provided in Section 2225 of the Civil Code, to inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by the person during the period of imprisonment. However, to the extent authorized in Section 2600, the Department of Corrections may restrict or prohibit sales or conveyances that are made for business purposes.
(b) To correspond, confidentially, with any member of the State Bar or holder of public office, provided that the prison authorities may open and inspect incoming mail to search for contraband.
(c) (1) To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the United States Post Office. Pursuant to this section, prison authorities may exclude any of the following matter:
(A) Obscene publications or writings, and mail containing information concerning where, how, or from whom this matter may be obtained.
(B) Any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence.
(C) Any matter concerning gambling or a lottery.
(2) Nothing in this section shall be construed as limiting the right of prison authorities to do the following:
(A) Open and inspect any and all packages received by an inmate.
(B) Establish reasonable restrictions as to the number of newspapers, magazines, and books that the inmate may have in his or her cell or elsewhere in the prison at one time.
(d) To initiate civil actions, subject to a three dollar ($3) filing fee to be collected by the Department of Corrections, in addition to any other filing fee authorized by law, and subject to Title 3a (commencing with Section 391) of the Code of Civil Procedure.
(e) To marry.
(f) To create a power of appointment.
(g) To make a will.
(h) To receive all benefits provided for in Sections 3370 and 3371 of the Labor Code and in Section 5069.
(Amended by Stats. 1996, Ch. 886, Sec. 3. Effective January 1, 1997.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 1 - Civil Rights › Section 2605.

2605. (a) During the initial intake and classification process, and in a private setting, the Department of Corrections and Rehabilitation shall ask each individual entering into the custody of the department to specify all of the following:
(1) The individual’s gender identity of female, male, or nonbinary.
(2) Whether the individual identifies as transgender, nonbinary, or intersex.
(3) The individual’s gender pronoun and honorific.
(b) A person incarcerated by the department may not be disciplined for refusing to answer, or for not disclosing complete information in response to, the questions pursuant to this section.
(c) At any time, a person under the jurisdiction of the department may inform designated facility staff of their gender identity, and designated facility staff shall promptly repeat the process of offering the individual an opportunity to specify the gender pronoun and honorific most appropriate for staff to use in reference to that individual, in accordance with subdivision (a).
(d) Staff, contractors, and volunteers of the department shall not consistently fail to use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding the individual that involve use of a pronoun and honorific.
(e) For the purposes of this section, the following terms have the following meanings:
(1) “Gender pronoun” means a third-person singular personal pronoun, such as “he,” “she,” or “they.”
(2) “Honorific” means a form of respectful address typically combined with an individual’s surname.
(Added by Stats. 2020, Ch. 182, Sec. 3. (SB 132) Effective January 1, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 2 - Prisoners as Witnesses › Section 2620.

2620. When it is necessary to have a person imprisoned in the state prison brought before any court to be tried for a felony, or for an examination before a grand jury or magistrate preliminary to such trial, or for the purpose of hearing a motion or other proceeding, to vacate a judgment, an order for the prisoner’s temporary removal from said prison, and for the prisoner’s production before such court, grand jury or magistrate, must be made by the superior court of the county in which said action, motion, or examination is pending or by a judge thereof; such order shall be made only upon the affidavit of the district attorney or defense attorney, stating the purpose for which said person is to be brought before the court, grand jury or magistrate or upon the court’s own motion. The order shall be executed by the sheriff of the county in which it shall be made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep the prisoner, and when the prisoner’s presence is no longer required to return the prisoner to the prison from whence the prisoner was taken; the expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made.
Such order shall recite the purposes for which said person is to be brought before the court, grand jury or magistrate, and shall be signed by the judge making the order and sealed with the seal of the court. The order must be to the following effect:
County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that A.B. be produced in the ____ court (or before the grand jury, as the case may be) to be prosecuted or examined for the crime of ____, a felony (or to have said motion heard), you are commanded to deliver the prisoner into the custody of ____ for the purpose of (recite purposes).
Dated this ____ day of ____, 19__.
When a prisoner is removed from a state prison under this section the prisoner shall remain in the constructive custody of the warden thereof. During the prisoner’s absence from the prison, the prisoner may be ordered to appear in other felony proceedings as a defendant or witness in the courts of the county from which the original order directing removal issued. A copy of the written order directing the prisoner to appear before any such court shall be forwarded by the district attorney to the warden of the prison having protective custody of the prisoner.
(Amended by Stats. 1998, Ch. 931, Sec. 429. Effective September 28, 1998.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 2 - Prisoners as Witnesses › Section 2621.

2621. When the testimony of a material witness is required in a criminal action, before any court in this state, or in an examination before a grand jury or magistrate in a felony case and such witness is a prisoner in a state prison, an order for the prisoner’s temporary removal from such prison, and for the prisoner’s production before such court, grand jury or magistrate, may be made by the superior court of the county in which such action or examination is pending or by a judge thereof; but in case the prison is out of the county in which the application is made, such order shall be made only upon the affidavit of the district attorney or of the defendant or the defendant’s counsel, showing that the testimony is material and necessary; and even then the granting of the order shall be in the discretion of said superior court or a judge thereof. The order shall be executed by the sheriff of the county in which it is made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep the prisoner, and when the prisoner is no longer required as a witness, to return the prisoner to the prison whence the prisoner was taken; the expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made. Such orders shall recite the purposes for which said person is to be brought before the court, grand jury or magistrate, and shall be signed by the magistrate or judge making the order, and sealed with the seal of the court, if any.
Such order must be to the following effect:
County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that A. B. be produced in this court as witness in the case of ____, you are commanded to deliver the prisoner into the custody of ____ for the purpose of (recite purposes).
Dated this ____ day of ____, 19__.
When a prisoner is removed from a state prison under this section the prisoner shall remain in the constructive custody of the warden hereof. During the prisoner’s absence from the prison, the prisoner may be ordered to appear in other felony proceedings as a defendant or witness in the courts of the county from which the original order directing removal issued. A copy of the written order directing the prisoner to appear before any such court shall be forwarded by the district attorney to the warden of the prison having protective custody of the prisoner.
(Amended by Stats. 1998, Ch. 931, Sec. 430. Effective September 28, 1998.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 2 - Prisoners as Witnesses › Section 2621.5.

2621.5. The provisions of Sections 2620 and 2621 which impose a charge upon the counties shall not apply to cases coming within the provisions of Section 4750.
(Amended by Stats. 1986, Ch. 1310, Sec. 4.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 2 - Prisoners as Witnesses › Section 2622.

2622. When the order for personal appearance is not made pursuant to Section 2620 or Section 2621 the deposition of the prisoner may be taken in the manner provided for in the case of a witness who is sick, and Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 shall, so far as applicable, govern in the application for and in the taking and use of that deposition. The deposition may be taken before any magistrate or notary public of the county in which the prison is situated; or in case the defendant is unable to pay for taking the deposition, before an officer of the prison designated by the board, whose duty it shall be to act without compensation. Every officer before whom testimony shall be taken under this section, shall have authority to administer, and shall administer, an oath to the witness that his or her testimony shall be the truth, the whole truth, and nothing but the truth.
(Amended by Stats. 1987, Ch. 828, Sec. 119.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 2 - Prisoners as Witnesses › Section 2623.

2623. If in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the prisoner’s examination in the prison by deposition may be made.
1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court.
2. By a judge of the superior court of the county where the action or proceeding is pending, if pending before a small claims court or before a judge or other person out of court.
Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. The deposition, when ordered, shall be taken in accordance with Section 2622.
(Amended by Stats. 1998, Ch. 931, Sec. 431. Effective September 28, 1998.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 2 - Prisoners as Witnesses › Section 2624.

2624. (a) Notwithstanding any other provision of law, a court may, upon the submission of a written request by the party calling the witness, order an incarcerated witness to testify in legal proceedings via two-way electronic audiovisual communication.
(b) As used in this section, “legal proceedings” includes preliminary hearings, civil trials, and criminal trials.
(c) With reference to criminal trials only, the procedure described in this section shall only be used with the consent of both parties expressed in open court, and, in consultation with the defendant’s counsel, upon a waiver by the defendant of his or her right to compel the physical presence of the witness, pursuant to the Sixth Amendment to the United States Constitution and Section 15 of Article I of the California Constitution. This waiver may be rescinded by the defendant upon a showing of good cause.
(d) No inducement shall be offered nor any penalty imposed in connection with a defendant’s consent to allow a witness to testify via closed-circuit television.
(Added by Stats. 1998, Ch. 122, Sec. 1. Effective January 1, 1999.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 2 - Prisoners as Witnesses › Section 2626.

2626. (a) The Department of Corrections and Rehabilitation is authorized to accept donated materials and services related to videoconferencing and teleconferencing in order to implement a program, at a prison to be determined by the department, to facilitate the participation of incarcerated parents in dependency court hearings regarding their children.
(b) The implementation of this program is contingent upon the receipt of sufficient donations of materials and services by the department.
(Added by Stats. 2010, Ch. 482, Sec. 2. (SB 962) Effective January 1, 2011.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2635.

2635. 2635.The Department of Corrections and Rehabilitation shall review informational handbooks regarding sexual abuse in detention published by outside organizations. Upon approving the content thereof, handbooks provided by one or more outside organizations shall be made available to inmates and wards.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2636.

2636. For the purposes of this section, all references to classification of wards shall take effect upon the adoption of a classification system for wards developed by the Department of Corrections and Rehabilitation in compliance with Farrell v. Allen, Alameda County Superior Court Case No. RG 03079344.
The following practices shall be instituted to prevent sexual violence and promote inmate and ward safety in the Department of Corrections and Rehabilitation:
(a) The Department of Corrections and Rehabilitation inmate classification and housing assignment procedures shall take into account risk factors that can lead to inmates and wards becoming the target of sexual victimization or of being sexually aggressive toward others. Relevant considerations include:
(1) Age of the inmate or ward.
(2) Whether the offender is a violent or nonviolent offender.
(3) Whether the inmate or ward has served a prior term of commitment.
(4) Whether the inmate or ward has a history of mental illness.
(b) The Department of Corrections and Rehabilitation shall ensure that staff members intervene when an inmate or ward appears to be the target of sexual harassment or intimidation.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2637.

2637. The Department of Corrections and Rehabilitation shall ensure that its protocols for responding to sexual abuse include all of the following:
(a) The safety of an inmate or ward who alleges that he or she has been the victim of sexual abuse shall be immediately and discreetly ensured. Staff shall provide the safest possible housing options to inmates and wards who have experienced repeated abuse. Housing options may include discreet institution transfers.
(b) Inmates and wards who file complaints of sexual abuse shall not be punished, either directly or indirectly, for doing so. If a person is segregated for his or her own protection, segregation must be nondisciplinary.
(c) Any person who knowingly or willfully submits inaccurate or untruthful information in regards to sexual abuse is punishable pursuant to department regulations.
(d) Under no circumstances is it appropriate to suggest that an inmate should fight to avoid sexual violence or to suggest that the reported sexual abuse is not significant enough to be addressed by staff.
(e) Staff shall not discriminate in their response to inmates and wards who are gay, bisexual, or transgender who experience sexual aggression, or report that they have experienced sexual abuse.
(f) Retaliation against an inmate or ward for making an allegation of sexual abuse shall be strictly prohibited.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2638.

2638. Thoughtful, confidential standards of physical and mental health care shall be implemented to reduce the impact of sexual abuse on inmates and wards in the Department of Corrections and Rehabilitation that include all of the following:
(a) Victims shall receive appropriate acute-trauma care for rape victims, including, but not limited to, treatment of injuries, HIV/AIDS prophylactic measures, and, later, testing for sexually transmittable diseases.
(b) Health practitioners who conduct or encounter an inmate or ward suffering from problems that might indicate sexual abuse, such as trauma, sexually transmissible diseases, pregnancy, or chronic pain symptoms, shall ask whether the patient has experienced sexual abuse.
(c) Practitioners should strive to ask frank, straightforward questions about sexual incidents without shaming inmates or displaying embarrassment about the subject matter.
(d) Confidential mental health counseling intended to help the victim to cope with the aftermath of abuse shall be offered to those who report sexual abuse. Victims shall be monitored for suicidal impulses, posttraumatic stress disorder, depression, and other mental health consequences.
(e) Any adult inmate in mental health counseling for any reason shall be entitled to speak confidentially about sexual abuse.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2639.

2639. The Department of Corrections and Rehabilitation shall ensure that the following procedures are performed in the investigation and prosecution of sexual abuse incidents:
(a) The provision of safe housing options, medical care, and the like shall not be contingent upon the victim’s willingness to press charges.
(b) Investigations into allegations of sexual abuse shall include, when deemed appropriate by the investigating agency, the use of forensic rape kits, questioning of suspects and witnesses, and gathering of other relevant evidence.
(c) Physical and testimonial evidence shall be carefully preserved for use in any future proceedings.
(d) Staff attitudes that inmates and wards cannot provide reliable information shall be discouraged.
(e) If an investigation confirms that any employee has sexually abused an inmate or ward, that employee shall be terminated. Administrators shall report criminal sexual abuse by staff to law enforcement authorities.
(f) Consensual sodomy and oral copulation among inmates is prohibited by subdivision (e) of Section 286 and subdivision (e) of Section 287 or former Section 288a, respectively. Without repealing those provisions, the increased scrutiny provided by this article shall apply only to nonconsensual sexual contact among inmates and custodial sexual misconduct.
(Amended by Stats. 2018, Ch. 423, Sec. 102. (SB 1494) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2640.

2640. The Department of Corrections and Rehabilitation shall collect data as follows:
(a) The Department of Corrections and Rehabilitation shall keep statistics on the sexual abuse of inmates and wards. Sexual abuse incidents shall not be classified as “other” nor simply included in a broader category of general assaults.
(b) Statistics shall include whether the abuse was perpetrated by a staff member or other inmate, the results of the investigation and any resolution of the complaint by department officials and prosecution authorities.
The data shall be made available to the Office of the Sexual Abuse in Detention Elimination Ombudsperson.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2641.

2641. (a) The Office of the Sexual Abuse in Detention Elimination Ombudsperson is hereby created in state government to ensure the impartial resolution of inmate and ward sexual abuse complaints. The office shall be based within the Office of the Inspector General. The duties of this office may be contracted to outside nongovernmental experts.
(b) The ombudsperson shall have the authority to inspect all of the Department of Corrections and Rehabilitation institutions and to interview all inmates and wards.
(c) The Department of Corrections and Rehabilitation shall allow all inmates and wards to write confidential letters regarding sexual abuse to the ombudsperson.
(d) Information about how to confidentially contact the ombudsperson shall be clearly posted in all of the Department of Corrections and Rehabilitation institutions.
(e) The Office of the Inspector General shall investigate reports of the mishandling of incidents of sexual abuse, while maintaining the confidentiality of the victims of sexual abuse, if requested by the victim.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2642.

2642. The Department of Corrections and Rehabilitation shall:
Develop guidelines for allowing outside organizations and service agencies to offer resources to inmates and wards, including, but not limited to, the following:
(1) Rape crisis agencies.
(2) Hospitals.
(3) Gay rights organizations.
(4) HIV/AIDS service providers.
(5) Civil rights organizations.
(6) Human rights organizations.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2643.

2643. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2005, Ch. 303, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 3 - Civil Rights of Prisoners › ARTICLE 3 - Sexual Abuse in Detention › Section 2644.

2644. (a) A male correctional officer shall not conduct a pat down search of a female inmate unless the prisoner presents a risk of immediate harm to herself or others or risk of escape and there is not a female correctional officer available to conduct the search.
(b) A male correctional officer shall not enter into an area of the institution where female inmates may be in a state of undress, or be in an area where they can view female inmates in a state of undress, including, but not limited to, restrooms, shower areas, or medical treatment areas, unless an inmate in the area presents a risk of immediate harm to herself or others or if there is a medical emergency in the area. A male correctional officer shall not enter into an area prohibited under this subdivision if there is a female correctional officer who can resolve the situation in a safe and timely manner without his assistance. To prevent incidental viewing, staff of the opposite sex shall announce their presence when entering a housing unit.
(c) If a male correctional officer conducts a pat down search under an exception provided in subdivision (a) or enters a prohibited area under an exception provided in subdivision (b), the circumstances for and details of the exception shall be documented within three days of the incident. The documentation shall be reviewed by the warden and retained by the institution for reporting purposes.
(d) The department may promulgate regulations to implement this section.
(Added by Stats. 2018, Ch. 174, Sec. 1. (AB 2550) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 1 - Mistreatment of Prisoners › Section 2650.

2650. The person of a prisoner sentenced to imprisonment in the state prison or to imprisonment pursuant to subdivision (h) of Section 1170 is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he were not convicted or sentenced.
(Amended by Stats. 2011, Ch. 15, Sec. 463. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 1 - Mistreatment of Prisoners › Section 2651.

2651. No punishment, except as may be authorized by the Director of Corrections, shall be inflicted and then only by the order and under the direction of the wardens. Nothing in this section shall be construed as a limitation or impairment of the authority of the Board of Prison Terms in exercising its functions.
(Amended by Stats. 1979, Ch. 255.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 1 - Mistreatment of Prisoners › Section 2652.

2652. It shall be unlawful to use in the prisons, any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate or person confined; and punishment by the use of the strait-jacket, gag, thumb-screw, shower-bath or the tricing up of prisoners, inmates or persons confined is hereby prohibited. Any person who violates the provisions of this section or who aids, abets, or attempts in any way to contribute to the violation of this section shall be guilty of a misdemeanor.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 1 - Mistreatment of Prisoners › Section 2652.5.

2652.5. No person employed by the Department of Corrections, the Department of the Youth Authority, or any city or county jail facility shall place any chain or other mechanical restraint around the neck of any prisoner for any purpose. Any violation of this section shall be a misdemeanor.
(Added by Stats. 1976, Ch. 1047.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 1 - Mistreatment of Prisoners › Section 2653.

2653. (a) If a physician employed by the Department of Corrections or the Department of the Youth Authority certifies in writing that a particular medical treatment is required to prevent a violation of Section 147, 673, 2650, or 2652, or is required to prevent serious and imminent harm to the health of a prisoner, the order for that particular medical treatment may not be modified or canceled by any employee of the department without the approval of the chief medical officer of the institution or the physician in attendance unless an inmate or ward has a known history of violent or otherwise disruptive behavior that requires additional measures to protect the safety and security of the institution specified in writing by the warden or superintendent, or unless immediate security needs require alternate or modified procedures. Following any necessary modified or alternate security procedures, treatment of the inmate or ward shall be effected as expeditiously as possible.
Nothing in this section shall be construed to prevent a registered nurse from questioning, or seeking clarification of, an order from a physician that in the professional judgment of that nurse endangers patient health or safety, or otherwise is contrary to the professional ethics of the registered nurse.
(b) Any person who violates this section shall be subject to appropriate disciplinary action by the department.
(Added by Stats. 1992, Ch. 602, Sec. 1. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 1 - Mistreatment of Prisoners › Section 2657.

2657. (a) No person confined in a state prison, as defined in Section 4504, shall be subject to any institutional disciplinary action subsequent to an acquittal in a court of law upon criminal charges brought and tried for the act or omission which is the sole basis of the institutional disciplinary action.
(b) Where the act or omission resulting in acquittal is in any way referred to in any Department of Corrections file pertaining to the prisoner, the fact of acquittal by a court of law shall be clearly inscribed near each such reference.
(Added by Stats. 1975, Ch. 726.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 2 - Organic Therapy › Section 2670.

2670. It is hereby recognized and declared that all persons, including all persons involuntarily confined, have a fundamental right against enforced interference with their thought processes, states of mind, and patterns of mentation through the use of organic therapies; that this fundamental right requires that no person with the capacity for informed consent who refuses organic therapy shall be compelled to undergo such therapy; and that in order to justify the use of organic therapy upon a person who lacks the capacity for informed consent, other than psychosurgery as referred to in subdivision (c) of Section 2670.5 which is not to be administered to such persons, the state shall establish that the organic therapy would be beneficial to the person, that there is a compelling interest in administering such therapy, and that there are no less onerous alternatives to such therapy.
(Added by Stats. 1974, Ch. 1513.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 2 - Organic Therapy › Section 2670.5.

2670.5. (a) No person confined or detained under Title 1 (commencing with Section 2000) and Title 2 (commencing with Section 3200) shall be administered or subjected to any organic therapy as defined in subdivision (c) without his or her informed consent, provided that:
(1) If the person gives his or her informed consent to organic therapy, it shall be administered only if there has been compliance with Sections 2675 to 2680, inclusive.
(2) If the person lacks the capacity for informed consent to organic therapy other than psychosurgery as referred to in subdivision (c), in order to proceed with the therapy, the warden shall secure an order from the superior court to authorize the administration of the therapy in accordance with Sections 2675 to 2680, inclusive.
(b) No person confined or detained under Title 1 (commencing with Section 2000) or Title 2 (commencing with Section 3200) who lacks the capacity for informed consent shall be administered or subjected to psychosurgery as referred to in subdivision (c).
(c) The term organic therapy refers to:
(1) Psychosurgery, including lobotomy, stereotactic surgery, electronic, chemical or other destruction of brain tissues, or implantation of electrodes into brain tissue.
(2) Shock therapy, including, but not limited to, any convulsive therapy and insulin shock treatments.
(3) The use of any drugs, electric shocks, electronic stimulation of the brain, or infliction of physical pain when used as an aversive or reinforcing stimulus in a program of aversive, classical, or operant conditioning.
(d) A person does not waive his or her right to refuse any organic therapy by having previously given his or her informed consent to the therapy, and the person may withdraw his or her consent at any time.
If required by sound medical-psychiatric practice, the attending physician shall, after the person withdraws his or her previously given informed consent, gradually phase the person out of the therapy if sudden cessation would create a serious risk of mental or physical harm to the person.
(e) Nothing in this article shall be construed to prevent the attending physician from administering nonorganic therapies such as psychotherapy, psychoanalysis, group therapy, milieu therapy, or other therapies or programs involving communication or interaction among physicians, patients, and others, with or without the use of drugs when used for purposes other than described in paragraph (3) of subdivision (c).
(f) Nothing in this article shall be construed to prevent the administration of drugs not connected with a program of conditioning and intended to cause negative physical reactions to ingestion of alcohol or drugs.
(Amended by Stats. 1989, Ch. 1420, Sec. 8.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 2 - Organic Therapy › Section 2671.

2671. (a) Notwithstanding Section 2670.5, if a confined person has inflicted or attempted to inflict substantial physical harm upon the person of another or himself, or presents, as a result of mental disorder, an imminent threat of substantial harm to others or himself, the attending physician may in such emergency employ or authorize for no longer than seven days in any three-month period the immediate use of shock treatments in order to alleviate such danger.
(b) Notwithstanding Section 2670.5, if a confined person gives his informed consent to a program of shock therapy for a period not to exceed three months, the attending physician may administer such therapy for a period not to exceed three months in any one-year period without prior judicial authorization.
(Added by Stats. 1974, Ch. 1513.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 2 - Organic Therapy › Section 2672.

2672. (a) For purposes of this article, “informed consent” means that a person must knowingly and intelligently, without duress or coercion, and clearly and explicitly manifest his consent to the proposed organic therapy to the attending physician.
(b) A person confined shall not be deemed incapable of informed consent solely by virtue of being diagnosed with a mental health disorder.
(c) A person confined shall be deemed incapable of informed consent if the person cannot understand, or knowingly and intelligently act upon, the information specified in Section 2673.
(d) A person confined shall be deemed incapable of informed consent if, for any reason, he or she cannot manifest his or her consent to the attending physician.
(Amended by Stats. 2014, Ch. 144, Sec. 47. (AB 1847) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 2 - Organic Therapy › Section 2673.

2673. (a) For purposes of this article, “informed consent” requires that the attending physician directly communicate with the person and clearly and explicitly provide all the following information prior to the person’s decision:
(1) The nature and seriousness of the person’s illness, disorder or defect.
(2) The nature of the proposed organic therapy and its intended duration.
(3) The likelihood of improvement or deterioration, temporary or permanent, without the administration of the proposed organic therapy.
(4) The likelihood and degree of improvement, remission, control, or cure resulting from the administration of such organic therapy, and the likelihood, nature, and extent of changes in and intrusions upon the person’s personality and patterns of behavior and thought or mentation and the degree to which these changes may be irreversible. This information shall indicate the probable duration and intensity of such therapy and whether such therapy may have to be continued indefinitely for optimum therapeutic benefit.
(5) The likelihood, nature, extent, and duration of side effects of the proposed organic therapy, and how and to what extent they may be controlled, if at all.
(6) The uncertainty of the benefits and hazards of the proposed organic therapy because of the lack of sufficient data available to the medical profession, or any other reason for such uncertainty.
(7) The reasonable alternative organic therapy or psychotherapeutic modality of therapy, or nonorganic behavior modification programs, and why the organic therapy recommended is the therapy of choice. These alternatives shall be described and explained to the person in the manner specified in this section.
(8) Whether the proposed therapy is generally regarded as sound by the medical profession, or is considered experimental.
(Added by Stats. 1974, Ch. 1513.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 4 - Treatment of Prisoners › ARTICLE 2 - Organic Therapy › Section 2674.

2674. A written manifestation of informed consent shall be obtained in all cases by the attending physician and shall be preserved and available to the person, his attorney, his guardian, or his conservator.
(Added by Stats. 1974, Ch. 1513.)