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 4 - Treatment of Prisoners › ARTICLE 2 - Organic Therapy › Section 2675.

2675. (a) If the proposed organic therapy is not prohibited by subdivision (a) or (b) of Section 2670.5, then in order to administer the therapy the warden of the institution in which the person is confined shall petition the superior court of the county in which the person is confined for an order authorizing such organic therapy.
(b) The petition shall summarize the facts which the attending physician is required to communicate to the person pursuant to Section 2673, and shall state whether the person has the capacity for informed consent, and, if so, whether the person has given his or her informed consent to the proposed therapy. The petition shall clearly specify what organic therapy the institution proposes to administer to the person. The petition shall specify what mental illness, disorder, abnormality, or defect justifies the administration of such therapy. Copies of the petition shall be personally served upon the person and served upon his or her attorney, guardian or conservator on the same day as it is filed with the clerk of the superior court.
(c) The person confined, or his or her attorney, guardian, or conservator may file a response to the petition for organic therapy. The response shall be filed no later than 10 days after service of the petition unless the court grants a continuance not to exceed 10 additional days, and shall be served on the warden on the same day it is filed.
(Amended by Stats. 1989, Ch. 1420, Sec. 9.)
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 2676.

2676. (a) Any person, or his or her attorney, guardian, or conservator may file a petition with the superior court of the county in which he or she is confined for an order to prohibit the administration upon him or her of an organic therapy. The filing of such a petition shall constitute a refusal of consent or withdrawal of any prior consent to an organic therapy. The clerk of the court shall serve a copy of the petition, on the same day it is filed, upon the warden.
(b) The warden shall file a response to the petition to prohibit the enforced administration of any organic therapy. The response shall be filed no later than 10 days after the filing of the petition, unless the court grants a continuance not to exceed 10 additional days, and shall be personally served upon the person and served upon his or her attorney, guardian, or conservator on the same day as it is filed with the clerk of the superior court. The response shall not constitute a petition for an order to proceed with any organic therapy pursuant to Section 2675, which shall be the exclusive procedure for authorization to administer any organic therapy.
(Amended by Stats. 1989, Ch. 1420, Sec. 10.)
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 2677.

2677. At the time of filing of a petition pursuant to Section 2676 by the person, or pursuant to Section 2675 by the warden, the court shall appoint the public defender or other attorney to represent the person unless the person is financially able to provide his or her own attorney. The attorney shall advise the person of his or her rights in relation to the proceeding in question and shall represent him or her before the court.
The court shall also appoint an independent medical expert on the person’s behalf to examine the person’s medical, mental, or emotional condition and to testify thereon, unless the person is financially able to obtain the expert testimony. However, if the person has given his or her informed consent to the proposed organic therapy, other than psychosurgery as referred to in subdivision (c) of Section 2670.5, and his or her attorney concurs in the proposed administration of the organic therapy, the court may waive the requirement that an independent medical expert be appointed.
(Amended by Stats. 2001, Ch. 854, Sec. 47. Effective January 1, 2002.)
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 2678.

2678. The court shall conduct the proceedings within 10 judicial days from the filing of the petition described in Section 2675 or 2676, whichever is filed earlier, unless the warden’s attorney or the person’s attorney requests a continuance, which may be for a maximum of 10 additional judicial days. The court shall conduct the proceedings in accordance with constitutional guarantees of due process of law and the procedures under Section 13 of Article I of the California Constitution.
(Amended by Stats. 1989, Ch. 1420, Sec. 12.)
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 2679.

2679. (a) The court shall determine whether the state has proven, by clear and convincing evidence, that the confined person has the capacity for informed consent and has manifested his informed consent.
(b) If the court has determined that the person lacks the capacity for informed consent, the court shall determine by clear and convincing evidence that such therapy, other than psychosurgery as referred to in subdivision (c) of Section 2670.5, would be beneficial; that there is a compelling interest justifying the use of the organic therapy upon the person; that there are no less onerous alternatives to such organic therapy; and that such organic therapy is in accordance with sound medical-psychiatric practice. If the court so determines, then the court shall authorize the administration of the organic therapy for a period not to exceed six months.
(c) If the court has determined that the person has the capacity for informed consent and has manifested his informed consent to organic therapy, the court shall determine by clear and convincing evidence that such therapy would be beneficial; that there is a compelling interest justifying the use of the organic therapy upon the person; that there are no less onerous alternatives to such organic therapy; and that such organic therapy is in accordance with sound medical-psychiatric practice. If the court so determines then the court shall authorize the administration of the organic therapy for a period not to exceed six months.
(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 2680.

2680. (a) If it is determined by the attending physician that a confined person should be administered organic therapy, the person shall be advised and informed of his or her rights under this article, and he or she shall be provided a copy of this article.
(b)  This article shall apply to prisoners confined under this part in public or private hospitals, sanitariums, and similar facilities, and to the personnel of the facilities.
(c) A person shall be entitled to communicate in writing and by visiting with his or her parents, guardian, or conservator regarding any proposed administration of any organic therapy. The communication shall not be censored. The person shall be entitled to communicate in writing with his or her attorney pursuant to Section 2600.
(d)  This article shall not prohibit the attending physician from terminating organic therapy prior to the period authorized for that therapy by the court, pursuant to Section 2679.
(Amended by Stats. 1988, Ch. 160, Sec. 136.)
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 3 - Disposition of Insane Prisoners › Section 2684.

2684. (a) If, in the opinion of the Secretary of the Department of Corrections and Rehabilitation, the rehabilitation of any mentally ill, mentally deficient, or insane person confined in a state prison may be expedited by treatment at any one of the state hospitals under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, the Secretary of the Department of Corrections and Rehabilitation, with the approval of the Board of Parole Hearings for persons sentenced pursuant to subdivision (b) of Section 1168, shall certify that fact to the director of the appropriate department who shall evaluate the prisoner to determine if he or she would benefit from care and treatment in a state hospital. If the director of the appropriate department so determines, the superintendent of the hospital shall receive the prisoner and keep him or her until in the opinion of the superintendent the person has been treated to the extent that he or she will not benefit from further care and treatment in the state hospital.
(b) Whenever the Secretary of the Department of Corrections and Rehabilitation receives a recommendation from the court that a defendant convicted of a violation of Section 646.9 and sentenced to confinement in the state prison would benefit from treatment in a state hospital pursuant to subdivision (a), the secretary shall consider the recommendation. If appropriate, the secretary shall certify that the rehabilitation of the defendant may be expedited by treatment in a state hospital and subdivision (a) shall apply.
(Amended by Stats. 2012, Ch. 24, Sec. 35. (AB 1470) Effective June 27, 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 4 - Treatment of Prisoners › ARTICLE 3 - Disposition of Insane Prisoners › Section 2685.

2685. Upon the receipt of a prisoner, as herein provided, the superintendent of the state hospital shall notify the Director of Corrections of that fact, giving his name, the date, the prison from which he was received, and from whose hands he was received. When in the opinion of the superintendent the mentally ill, mentally deficient or insane prisoner has been treated to such an extent that such person will not benefit by further care and treatment in the state hospital, the superintendent shall immediately notify the Director of Corrections of that fact. The Director of Corrections shall immediately send for, take and receive the prisoner back into prison. The time passed at the state hospital shall count as part of the prisoner’s sentence.
(Amended by Stats. 1963, Ch. 372.)
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 4 - Temporary Removal of Prisoners › Section 2690.

2690. The Secretary of the Department of Corrections and Rehabilitation may authorize the temporary removal of an inmate from prison or any other institution for the detention of adults under the jurisdiction of the Department of Corrections and Rehabilitation, including removal for the purpose of attending college classes or permitting the inmate to participate in, or assist with, the gathering of evidence relating to crimes. The secretary may require that the temporary removal be under custody. Unless the inmate is removed for medical treatment, the removal shall not be for a period longer than three days. The secretary may require, except when the removal is for medical treatment or to assist with the gathering of evidence related to crimes, the inmate to reimburse the state, in whole or in part, for expenses incurred by the state in connection with the temporary removal.
(Amended (as amended by Stats. 2013, Ch. 181, Sec. 1) by Stats. 2014, Ch. 193, Sec. 1. (SB 1015) Effective August 15, 2014.)
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 4 - Temporary Removal of Prisoners › Section 2691.

2691. No person imprisoned for a felony listed in Section 667.6 shall be removed or released under Section 2690 from the detention institution where he or she is confined for the purpose of attending college classes in any city or county nor shall that person be placed in a community correctional center pursuant to Chapter 9.5 (commencing with Section 6250) of Title 7 of Part 3. No person under the jurisdiction of the adult court and confined under the jurisdiction of the Department of the Youth Authority for conviction of a felony listed in Section 667.6 shall be removed or released from the place of confinement for attendance at any educational institution in any city or county.
(Amended by Stats. 1987, Ch. 828, Sec. 124.)
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 4 - Temporary Removal of Prisoners › Section 2692.

2692. The Director of Corrections may enter into contracts with public or private agencies located either within or outside of the state for the housing, care, and treatment of inmates afflicted with acquired immune deficiency syndrome (AIDS) or AIDS-related complex (ARC).
(Added by Stats. 1986, Ch. 921, Sec. 1. Effective September 22, 1986.)
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 5 - Substance Abuse Treatment › Section 2694.

2694. (a) The Department of Corrections and Rehabilitation shall expand substance abuse treatment services in prisons to accommodate at least 4,000 additional inmates who have histories of substance abuse. In determining the prisons in which these additional treatment services will be located, the department may consider efficiency and efficacy of treatment, availability of staff resources, availability of physical space, and availability of additional resources in surrounding communities to supplement the treatment. In addition, the department shall expand followup treatment services in the community in order to ensure that offenders who participate in substance abuse treatment while incarcerated in prison shall receive necessary followup treatment while on parole.
(b) (1) Notwithstanding any other law, unless there is a security or safety reason not to do so, a substance abuse treatment program funded by the Department of Corrections and Rehabilitation and offered in a facility under the jurisdiction of the department pursuant to this section shall include a peer counseling component allowing prisoners to receive the necessary training within those facilities to become certified addiction counselors, including necessary course work and clinical hours.
(2) If the department determines that a peer counseling component shall not be included as part of a substance abuse treatment program offered in a facility under the department’s jurisdiction, the department shall notify in writing on January 10, 2015, and January 10, 2016, the Assembly and Senate Committees on Budget and the relevant Assembly and Senate policy committees at the time the determination is made. The report shall include the reason for the determination and a description of the substance abuse treatment program being provided.
(3) For purposes of this section, “peer counseling” means counseling offered by a person sharing similar life experiences who provides advice and assistance to another individual with the intended outcome of overcoming addiction-related challenges.
(Amended by Stats. 2014, Ch. 26, Sec. 26. (AB 1468) Effective June 20, 2014.)
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 5 - Substance Abuse Treatment › Section 2694.5.

2694.5. (a) The Department of Corrections and Rehabilitation, under the oversight of the Undersecretary of Health Care Services, shall establish a three-year pilot program at one or more institutions that will provide a medically assisted substance use disorder treatment model for treatment of inmates with a history of substance use problems. The program shall offer a continuum of evidenced-based care that is designed to meet the needs of the persons being served and that is appropriate for a correctional setting. In establishing the program, the department shall consider all of the following:
(1) Access to services during an inmate’s enrollment in the pilot program.
(2) Access to subacute detoxification and medical detoxification, as necessary.
(3) Comprehensive pretreatment and posttreatment assessments.
(4) Ongoing evaluation of an inmate’s program needs and progress at least every 90 days, and appropriate adjustment of treatment based on that evaluation.
(5) Services provided by professionals for whom substance use disorder treatment is within the scope of their practice.
(6) Referrals for medically assisted care and prescription of medication-assisted treatment.
(7) Provision of behavioral health services, including the capacity to treat cooccurring mental illness.
(8) Access to medication-assisted treatment throughout the period of incarceration up to and including immediately prior to release.
(9) Linkages to community-based treatment upon parole.
(b) (1) The department shall report to the fiscal and appropriate policy committees of the Legislature on March 1, 2017, and each March 1 thereafter during the tenure of the pilot project. The report shall include all of the following elements:
(A) The planned inmate capacity of the program.
(B) The number of persons enrolled in the program.
(C) The number of persons who leave the treatment program against medical advice and the number of persons who are discharged from the program prior to achieving their treatment goals.
(D) The percentage of participants with negative urine toxicology screens for illicit substances during treatment and posttreatment while incarcerated.
(E) The number of persons who are successfully linked to postrelease treatment.
(2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on March 1, 2025, pursuant to Section 10231.5 of the Government Code.
(B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2016, Ch. 33, Sec. 18. (SB 843) Effective June 27, 2016.)
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 6 - Veterans In State Prisons › Section 2695.

2695. The Department of Corrections and Rehabilitation shall develop guidance policies relative to the release of veterans who are inmates. The policies shall be developed with the intent to assist veterans who are inmates in pursuing claims for federal veterans’ benefits, or in establishing rights to any other privilege, preference, care, or compensation provided under federal or state law because of honorable service in the military. In developing the policies, the department may coordinate with the Department of Veterans Affairs and the county veterans service officer or veterans service organizations.
(Added by Stats. 2012, Ch. 407, Sec. 2. (AB 2490) Effective January 1, 2013.)
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 6 - Veterans In State Prisons › Section 2695.1.

2695.1. At each facility that is under the jurisdiction of the Department of Corrections and Rehabilitation, a veterans service organization may volunteer to serve as a veterans service advocate.
(Added by Stats. 2014, Ch. 652, Sec. 2. (AB 2263) 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 6 - Veterans In State Prisons › Section 2695.2.

2695.2. (a) The advocate shall be authorized to develop a veterans economic recidivism prevention plan for each inmate who is a veteran during the 180-day period preceding the inmate’s release date.
(b) The veterans economic recidivism prevention plan for each inmate who is a veteran shall include, but not be limited to, the following:
(1) Facilitating access of the inmate to county veterans service officers, California Department of Veterans Affairs and United States Department of Veterans Affairs officers and personnel, so that the inmate may pursue claims for federal veterans’ benefits or any other privilege, preference, care, or compensation provided under federal or state law because of the inmate’s service in the military.
(2) Developing a plan for how the inmate will access earned veterans’ benefits that he or she may be eligible for upon the inmate’s release.
(c) In order to assist with the development and execution of the veterans economic recidivism prevention plan, the Department of Corrections and Rehabilitation shall do both of the following:
(1) (A) Facilitate access by the advocate to each inmate who is a veteran.
(B) Access by the advocate is subject to those department screening and clearance guidelines and training requirements that are imposed on other visitors and volunteers.
(C) Access by the advocate shall be allowed to the extent it does not pose a threat to the security or safety of the facility, or to inmates and staff.
(2) Provide the advocate with access to existing resources, including, but not limited to, computer and Internet access, that would assist the advocate in implementing the veterans economic recidivism prevention plan, to the extent it does not pose a threat to the security or safety of the facility, or to inmates and staff.
(d) A copy of the veterans economic recidivism prevention plan shall be provided to the inmate prior to the inmate’s release.
(Added by Stats. 2014, Ch. 652, Sec. 3. (AB 2263) 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 6 - Veterans In State Prisons › Section 2695.3.

2695.3. The advocate shall coordinate with the United States Department of Veterans Affairs in order to provide each inmate who is a veteran with access to earned veterans’ benefits.
(Added by Stats. 2014, Ch. 652, Sec. 4. (AB 2263) 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 6 - Veterans In State Prisons › Section 2695.4.

2695.4. The advocate shall coordinate with the California Department of Veterans Affairs and the county veterans service officer in the county in which the facility is located for advice, assistance, and training, and to evaluate the effectiveness of the veterans economic recidivism prevention plan.
(Added by Stats. 2014, Ch. 652, Sec. 5. (AB 2263) 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 6 - Veterans In State Prisons › Section 2695.5.

2695.5. For purposes of this article, the following definitions shall apply:
(a) “Advocate” means a veterans service organization that is federally certified and has volunteered to serve as a veterans service advocate pursuant to this article.
(b) “Veteran” means a person who has been discharged from the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, United States Space Force, the National Guard of any state, or the Merchant Marine.
(Amended by Stats. 2022, Ch. 379, Sec. 18. (AB 1715) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2700.

2700. The Department of Corrections shall require of every able-bodied prisoner imprisoned in any state prison as many hours of faithful labor in each day and every day during his or her term of imprisonment as shall be prescribed by the rules and regulations of the Director of Corrections.
Whenever by any statute a price is required to be fixed for any services to be performed in connection with the work program of the Department of Corrections, the compensation paid to prisoners shall be included as an item of cost in fixing the final statutory price.
Prisoners not engaged on work programs under the jurisdiction of the Prison Industry Authority, but who are engaged in productive labor outside of such programs may be compensated in like manner. The compensation of such prisoners shall be paid either out of funds appropriated by the Legislature for that purpose or out of such other funds available to the Department of Corrections for expenditure, as the Director of Finance may direct.
When any prisoner escapes, the director shall determine what portion of his or her earnings shall be forfeited and such forfeiture shall be deposited in the State Treasury in a fund known as the Inmate Welfare Fund of the Department of Corrections.
(Amended by Stats. 1982, Ch. 1549, Sec. 6.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2700.1.

2700.1. Section 2700 applies to inmates sentenced to death, except as otherwise provided in this section.
Every person found guilty of murder, sentenced to death, and held by the Department of Corrections and Rehabilitation pursuant to Sections 3600 to 3602 shall be required to work as many hours of faithful labor each day he or she is so held as shall be prescribed the rules and regulations of the department.
Physical education and physical fitness programs shall not qualify as work for purposes of this section. The Department of Corrections and Rehabilitation may revoke the privileges of any condemned inmate who refuses to work as required by this section.
In any case where the condemned inmate owes a restitution fine or restitution order, the Secretary of the Department of Corrections and Rehabilitation shall deduct 70 percent or the balance owing, whichever is less, from the condemned inmate’s wages and trust account deposits, regardless of the source of the income, and shall transfer those funds to the California Victim Compensation and Government Claims Board according to the rules and regulations of the Department of Corrections and Rehabilitation, pursuant to Sections 2085.5 and 2717.8.
(Added November 8, 2016, by initiative Proposition 66, 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 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2701.

2701. (a) The Department of Corrections is hereby authorized and empowered to cause the prisoners in the state prisons of this state to be employed in the rendering of services as are now, or may hereafter be, needed by the state, or any political subdivision thereof, or that may be needed for any state, county, district, municipal, school, or other public use, or that may be needed by any public institution of the state or of any political subdivision thereof, or that may be needed for use by the federal government, or any department, agency, or corporation thereof, or that may be needed for use by the government of any other state, or any department, agency, or corporation thereof, except for services provided by enterprises under the jurisdiction of the Prison Industry Authority. The Department of Corrections may enter into contracts for the purposes of this article.
(b) The Department of Corrections may cause prisoners in the prisons of this state to be employed in the rendering of emergency services for the preservation of life or property within the state, whether that property is owned by public entities or private citizens, when a county level state of emergency has been declared due to a natural disaster and the local governing board has requested the assistance of the Department of Corrections.
(Amended by Stats. 1994, Ch. 494, Sec. 1. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2702.

2702. No person imprisoned after conviction of a violation of Section 502 or of subdivision (b) of Section 502.7 shall be permitted to work on or have access to any computer system of the department.
(Added by Stats. 1989, Ch. 1357, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2706.

2706. All prisoners shall be employed under supervision of the wardens respectively, and such skilled foremen as they may deem necessary in the performance of work for the state.
(Amended by Stats. 1982, Ch. 1549, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2707.

2707. The director is further authorized and empowered to purchase, install, and equip, such machinery, tools, supplies, materials, and equipment as may be necessary to carry out the provisions of this article.
(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 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2708.

2708. No inmate of any State prison shall be employed in the manufacture or production, of any article, intended for the private and personal use of any State officer, or officer, or employee, of any State institution; provided, that this act shall not prevent repairing of any kind nor the employment of such inmates in household or domestic work connected with such prison.
(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 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2713.

2713. Whenever an inmate is paid for his labor, performed under the supervision of the Department of Corrections or any other public agency, and is discharged, all sums due him shall be paid upon release. If an inmate is released on parole all sums due him shall be paid to the inmate as prescribed by the director.
(Added by Stats. 1963, Ch. 1200.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2713.1.

2713.1. In addition to any other payment to which he is entitled by law, each prisoner upon his release shall be paid the sum of two hundred dollars ($200), from such appropriations that may be made available for the purposes of this section.
The department may prescribe rules and regulations (a) to limit or eliminate any payments provided for in this section to prisoners who have not served for at least six consecutive months prior to their release in instances where the department determines that such a payment is not necessary for rehabilitation of the prisoner, (b) to establish procedures for the payment of the sum of two hundred dollars ($200) within the first 60 days of a prisoner’s release, and (c) to eliminate any payment provided for in this section to a parolee who upon release has not been paid the entire amount prescribed by this section and who willfully absconds after release on parole, but before any remaining balance of the two hundred dollar ($200) release funds has been paid.
The provisions of this section shall not be applicable if a prisoner is released to the custody of another state or to the custody of the federal government.
(Amended by Stats. 1982, Ch. 1406, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2713.2.

2713.2. The Department of Corrections and Rehabilitation shall examine and report to the Legislature on whether the provisions of existing law related to payments to inmates released from prison are hindering the success of parolees and resulting in their rapid return to prison for parole violations. The report shall specifically examine whether the costs of transportation of the inmate from prison to the parole location should be paid from the amounts specified in Section 2713.1 or whether it should be paid separately by the department. The department shall submit its findings and recommendations to the Legislature on or before January 15, 2008.
(Added by Stats. 2007, Ch. 7, Sec. 9. Effective May 3, 2007.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2715.

2715. Land belonging to the State of California may, with the approval of the Department of Finance, be transferred to the jurisdiction of the director for the purpose of establishing thereon a prison farm and prisoners in the state prisons may be transferred to such farm. Products from said farm shall first be used for supplying the state prisons, prison camps, or the prison farm and any surplus may be sold to any other state institution.
(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 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2716.

2716. (a) The Director of Corrections may enter into agreements with other state agencies for the use of inmates confined in the state prisons to perform work necessary and proper to be done by them in facilities of such state agencies for the purpose of vocational training and the improvement of job skills preparatory to release.
(b) The director shall determine which prisoners shall be eligible for such assignment and training.
(c) Suitable facilities for the housing, care, and feeding of the inmates may be provided by the agency for whom the work is performed at the location of such agency.
(d) The director shall have full jurisdiction over the discipline and control of the inmates assigned.
(e) The provisions of Title 5 (commencing with Section 4500) of Part 3 shall apply to all persons on such assignment.
(Amended by Stats. 1982, Ch. 1549, Sec. 16.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2716.5.

2716.5. (a) There is hereby established the Pre-Release Construction Trades Certificate Program, hereinafter referred to in this section as “the program,” in the Department of Corrections and Rehabilitation, hereinafter referred to in this section as the “department,” to increase employment opportunities in the construction trades for inmates upon release.
(b) The department shall establish a joint advisory committee for the purpose of implementation of the program. The committee shall be composed of representatives from building and construction trades employee organizations, the State Building and Construction Trades Council of California, joint apprenticeship training programs, the Prison Industry Authority, the Division of Apprenticeship Standards, the Labor and Workforce Development Agency, and any other representatives the department determines appropriate. The responsibilities of the committee shall include, but are not be limited to, the following:
(1) Develop guidelines for the participation of inmates in preapprenticeship training programs, as described in subdivision (e) of Section 14230 of the Unemployment Insurance Code. The guidelines shall provide for the integration, for all inmate preapprenticeship training programs in the building and construction trades, of the multicraft core curriculum implemented by the State Department of Education for its California Partnership Academies pilot project and by the California Workforce Development Board and local boards.
(2) Develop and implement a pre-release construction trades certification that validates that an inmate completed instruction, skills, and competencies required by and recognized by the participating building and construction trades.
(3) Ensure compliance with any applicable requirements and regulations of the Division of Apprenticeship Standards.
(4) Evaluate pre-release on-the-job training opportunities to compare and match competencies with those of registered apprentices in the building and construction trades.
(5) Explore the feasibility of the electronic tracking of each participating inmate’s relevant activities to efficiently capture competencies related to the certification.
(6) Explore the pre-release awarding of formal credit for apprenticeship hours recognized by joint apprenticeship training programs and the Division of Apprenticeship Standards.
(7) Facilitate the admission of graduates of inmate preapprenticeship programs, after release, into state-approved apprenticeship programs and for apprenticeship programs to evaluate such individuals for admission with advanced standing based on prior coursework and work experience.
(Added by Stats. 2018, Ch. 53, Sec. 40. (SB 866) Effective June 27, 2018.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1 - Employment of Prisoners Generally › Section 2717.

2717. The Department of Corrections shall require prisoners who are working outside the prison grounds in road cleanup crews pursuant to Article 4 (commencing with Section 2760) or fire crews pursuant to Article 5 (commencing with Section 2780) to wear distinctive clothing for identification purposes.
(Added by Stats. 2000, Ch. 525, Sec. 1. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.1.

2717.1. Definitions.
(a) For the purposes of this section, joint venture program means a contract entered into between the Director of Corrections and any public entity, nonprofit or for profit entity, organization, or business for the purpose of employing inmate labor.
(b) Joint venture employer means any public entity, nonprofit or for profit entity, organization, or business which contracts with the Director of Corrections for the purpose of employing inmate labor.
(Added November 6, 1990, by initiative Proposition 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.2.

2717.2. The Director of Corrections shall establish joint venture programs within state prison facilities to allow joint venture employers to employ inmates confined in the state prison system for the purpose of producing goods or services. While recognizing the constraints of operating within the prison system, such programs will be patterned after operations outside of prison so as to provide inmates with the skills and work habits necessary to become productive members of society upon their release from state prison.
(Added November 6, 1990, by initiative Proposition 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.3.

2717.3. The Director of Corrections shall prescribe by rules and regulations provisions governing the operation and implementation of joint venture programs, which shall be in furtherance of the findings and declarations in the Prison Inmate Labor Initiative of 1990.
(Added November 6, 1990, by initiative Proposition 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.4.

2717.4. (a) There is hereby established within the Department of Corrections the Joint Venture Policy Advisory Board. The Joint Venture Policy Advisory Board shall consist of the Director of Corrections, who shall serve as chair, the Director of the Employment Development Department, and five members, to be appointed by the Governor, three of whom shall be public members, one of whom shall represent organized labor and one of whom shall represent industry. Five members shall constitute a quorum and a vote of the majority of the members in office shall be necessary for the transaction of the business of the board. Appointed members of the board shall be compensated at the rate of two hundred dollars ($200) for each day while on official business of the board and shall be reimbursed for necessary expenses. The initial terms of the members appointed by the Governor shall be for one year (one member), two years (two members), three years (one member), and four years (one member), as determined by the Governor. After the initial term, all members shall serve for four years.
(b) The board shall advise the Director of Corrections of policies that further the purposes of the Prison Inmate Labor Initiative of 1990 to be considered in the implementation of joint venture programs.
(Amended by Stats. 2001, Ch. 854, Sec. 48. Effective January 1, 2002. Note: This section was added on Nov. 6, 1990, by initiative Prop. 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.5.

2717.5. In establishing joint venture contracts the Director of Corrections shall consider the impact on the working people of California and give priority consideration to inmate employment which will retain or reclaim jobs in California, support emerging California industries, or create jobs for a deficient labor market.
(Added November 6, 1990, by initiative Proposition 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.6.

2717.6. (a) No contract shall be executed with a joint venture employer that will initiate employment by inmates in the same job classification as non-inmate employees of the same employer who are on strike, as defined in Section 1132.6 of the Labor Code, as it reads on January 1, 1990, or who are subject to lockout, as defined in Section 1132.8 of the Labor Code, as it reads on January 1, 1990.
(b) Total daily hours worked by inmates employed in the same job classification as non-inmate employees of the same joint venture employer who are on strike, as defined in Section 1132.6 of the Labor Code, as it reads on January 1, 1990, or who are subject to lockout, as defined in Section 1132.8 of the Labor Code, as it reads on January 1, 1990, shall not exceed, for the duration of the strike, the average daily hours worked for the preceding six months, or if the program has been in operation for less than six months, the average for the period of operation.
(c) The determination that a condition described in paragraph (b) above shall be made by the Director after notification by the union representing the workers on strike or subject to lockout. The limitation on work hours shall take effect 48 hours after receipt by the Director of written notice of the condition by the union.
(Added November 6, 1990, by initiative Proposition 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.7.

2717.7. Notwithstanding Section 2812 of the Penal Code or any other provision of law which restricts the sale of inmate-provided services or inmate-manufactured goods, services performed and articles manufactured by joint venture programs may be sold to the public.
(Added November 6, 1990, by initiative Proposition 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.8.

2717.8. The compensation of prisoners engaged in programs pursuant to contract between the Department of Corrections and joint venture employers for the purpose of conducting programs which use inmate labor shall be comparable to wages paid by the joint venture employer to non-inmate employees performing similar work for that employer. If the joint venture employer does not employ such non-inmate employees in similar work, compensation shall be comparable to wages paid for work of a similar nature in the locality in which the work is to be performed. Such wages shall be subject to deductions, as determined by the Director of Corrections, which shall not, in the aggregate, exceed 80 percent of gross wages and shall be limited to the following:
(1) Federal, state, and local taxes.
(2) Reasonable charges for room and board, which shall be remitted to the Director of Corrections.
(3) Any lawful restitution fine or contributions to any fund established by law to compensate the victims of crime of not more than 20 percent, but not less than 5 percent, of gross wages, which shall be remitted to the Director of Corrections for disbursement.
(4) Allocations for support of family pursuant to state statute, court order, or agreement by the prisoner.
(Added November 6, 1990, by initiative Proposition 139.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 5 - Employment of Prisoners › ARTICLE 1.5 - Joint Venture Program › Section 2717.9.

2717.9. Notwithstanding any other provision of law, a prisoner who participates in a joint venture program is ineligible for unemployment benefits upon his or her release from prison based upon participation in that program.
(Added by Stats. 1995, Ch. 440, Sec. 1. Approved in Proposition 194 at the March 26, 1996, election.)