reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5003.

5003. The department has jurisdiction over all of the following prisons and institutions:
(a) The San Quentin Rehabilitation Center.
(b) The California State Prison at Folsom.
(c) The California Institution for Men.
(d) The California Institution for Women.
(e) The Deuel Vocational Institution.
(f) The California Medical Facility.
(g) The Correctional Training Facility.
(h) The California Men’s Colony.
(i) The California Correctional Institution at Tehachapi.
(j) The California Rehabilitation Center.
(k) The California Correctional Center at Susanville.
(l) The Sierra Correctional Center.
(m) The Richard J. Donovan Correctional Facility at Rock Mountain.
(n) Mule Creek State Prison.
(o) Northern California Women’s Facility.
(p) Pelican Bay State Prison.
(q) Avenal State Prison.
(r) California State Prison—King’s County at Corcoran.
(s) Chuckawalla Valley State Prison.
(t) Other institutions and prison facilities that the Department of Corrections and Rehabilitation or the Secretary of the Department of Corrections and Rehabilitation may be authorized by law to establish, including, but not limited to, prisons in the Counties of Imperial Kern, Los Angeles, and Madera.
(Amended by Stats. 2023, Ch. 47, Sec. 19. (AB 134) Effective July 10, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5003.1.

5003.1. (a) On or after January 1, 2020, the department shall not enter into a contract with a private, for-profit prison facility located in or outside of the state to provide housing for state prison inmates.
(b) On or after January 1, 2020, the department shall not renew an existing contract with a private, for-profit prison facility located in or outside of the state to incarcerate state prison inmates.
(c) After January 1, 2028, a state prison inmate or other person under the jurisdiction of the department shall not be incarcerated in a private, for-profit prison facility.
(d) As used in this section, “private, for-profit prison facility” does not include a facility that is privately owned, but is leased and operated by the department.
(e) Notwithstanding subdivisions (a) and (b), the department may renew or extend a contract with a private, for-profit prison facility to provide housing for state prison inmates in order to comply with the requirements of any court-ordered population cap.
(Added by Stats. 2019, Ch. 739, Sec. 1. (AB 32) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5003.2.

5003.2. (a) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee, shall provide written notification to any county impacted by the opening, closing, or changing of location of any reception center that accepts prisoners from county facilities, or by the opening, closing, or changing of the location of a parole office. Written notification of these changes shall also be provided to the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California at least 90 days prior to the proposed change.
(b) The notification requirement in this section shall not apply to the opening, closing, or changing of location of a facility due to an emergency created by a riot, quarantine, or natural disaster.
(Added by Stats. 2013, Ch. 32, Sec. 13. (SB 76) Effective June 27, 2013.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5003.5.

5003.5. The Board of Parole Hearings is empowered to advise and recommend to the Secretary of the Department of Corrections and Rehabilitation on general and specific policies and procedures relating to the duties and functions of the secretary. The secretary is empowered to advise and recommend to the board on matters of general and specific policies and procedures, relating to the duties and functions of the board. The secretary and the board shall meet for purposes of exchange of information and advice.
(Amended by Stats. 2005, Ch. 10, Sec. 34. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5003.7.

5003.7. The Department of Corrections and Rehabilitation shall remove all incarcerated persons from, cease operations of, and close, the California Correctional Center located in the Town of Susanville, California, no later than June 30, 2023.
(Repealed and added by Stats. 2022, Ch. 58, Sec. 24. (AB 200) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5004.

5004. The Director of Corrections and the legislative body of any county or city may enter into agreements for mutual police aid. Pursuant to such agreements the director may authorize employees of state prisons and institutions to cooperate, anywhere within the State, with county and city peace officers in connection with any existing emergency. While so employed the employees shall have all the benefits of workmen’s compensation laws, retirement laws, and all other similar laws and for such purposes shall be deemed to be performing services in the course of their regular official duties.
(Added by Stats. 1949, Ch. 870.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5004.5.

5004.5. The director shall require each state prison under the department’s jurisdiction to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies. The plan, together with any supporting information, shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison.
Nothing in this section shall require the department to disclose any information which may threaten the security of an institution or the safety of the surrounding community.
(Added by Stats. 1984, Ch. 608, Sec. 1. Effective July 19, 1984.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5004.7.

5004.7. (a) The department shall establish a statewide policy on operational procedures for the handling of threats made by inmates or wards, and threats made by family members of inmates or wards, against department staff. The policy shall include methods to ensure that department staff members are advised of threats made against them by inmates, wards, or family members of inmates or wards, and shall require that all threats against department staff made by inmates, wards, or family members of inmates or wards are thoroughly investigated. A copy of the statewide policy shall be accessible to members of the public upon request.
(b) This section does not prohibit an individual institution within the department from developing a more detailed notification procedure for advising staff members of threats made against them. If an individual institution has a more detailed policy, the policy shall be accessible to every member of the staff of the institution.
(c) The department shall provide training on the policy developed pursuant to this section as part of its existing training programs.
(d) The policy developed pursuant to this section shall be fully implemented by July 1, 2016.
(Added by Stats. 2015, Ch. 195, Sec. 1. (AB 293) Effective August 13, 2015.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5005.

5005. (a) The department shall maintain a canteen at an active prison or institution under its jurisdiction for the sale to incarcerated persons of toilet articles, candy, notions, and other sundries, and shall provide the necessary facilities, equipment, personnel, and merchandise for the canteen. The secretary shall specify what commodities shall be sold in the canteen. The sale prices of the articles offered for sale shall not exceed a 35-percent markup above the amount paid to the vendors.
(b) The department shall undertake to insure against damage or loss of canteen and handicraft materials, supplies, and equipment owned by the Inmate Welfare Fund as provided in Section 5006.
(c) The canteen operations at any prison or institution referred to in this section shall be audited biennially by the Department of Finance, and at the end of each intervening fiscal year, each prison or institution shall prepare a statement of operations. At least one copy of any audit report or statement of operations shall be posted at the canteen and at least one copy shall be available to incarcerated persons at the library of each prison or institution.
(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 609, Sec. 3. (SB 474) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 4 of Stats. 2023, Ch. 609.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5005.

5005. (a) The department shall maintain a canteen at an active prison or institution under its jurisdiction for the sale to incarcerated persons of toilet articles, candy, notions, and other sundries, and shall provide the necessary facilities, equipment, personnel, and merchandise for the canteen. The secretary shall specify what commodities shall be sold in the canteen. The sale prices of the articles offered for sale shall be fixed by the secretary at the amounts that will, as far as possible, render each canteen self-supporting.
(b) The department shall undertake to insure against damage or loss of canteen and handicraft materials, supplies, and equipment owned by the Inmate Welfare Fund as provided in Section 5006.
(c) The canteen operations at any prison or institution referred to in this section shall be audited biennially by the Department of Finance, and at the end of each intervening fiscal year, each prison or institution shall prepare a statement of operations. At least one copy of any audit report or statement of operations shall be posted at the canteen and at least one copy shall be available to incarcerated persons at the library of each prison or institution.
(d) This section shall become operative on January 1, 2028.
(Repealed (in Sec. 3) and added by Stats. 2023, Ch. 609, Sec. 4. (SB 474) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5006.1.

5006.1. (a) Notwithstanding any provision in Section 5006, money in the Inmate Welfare Fund shall not be expended to pay charges for any or all of the following purposes:
(1) Overtime for staff coverage of special events.
(2) Television repair.
(3) Original complement of television sets and replacement of television equipment.
(b) The department shall pay these charges out of any money appropriated for these purposes.
(Amended by Stats. 2012, Ch. 831, Sec. 3. (SB 542) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5007.

5007. The Secretary of the Department of Corrections and Rehabilitation may invest money in the Inmate Welfare Fund that in his or her opinion is not necessary for immediate use, with the approval of the Department of Finance, and interest earned and other increment derived from investments made pursuant to this section shall be paid into the Inmate Welfare Fund of the Department of Corrections and Rehabilitation.
(Amended by Stats. 2012, Ch. 831, Sec. 4. (SB 542) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5007.4.

5007.4. (a) (1) The Delancey Street Restaurant Management Program is hereby established for the purpose of teaching marketable skills useful to incarcerated persons for reemployment opportunities upon their release from state prison. The program shall focus on restaurant operation, service, and hospitality.
(2) (A) The program shall be operated by the department in consultation with the Delancey Street Foundation.
(B) The foundation shall be aware of, and comply with, all federal and state statutes, rules, regulations, and department policies and directives. Notwithstanding subdivision (b), department policies and directives shall include, but are not limited to, the California Correctional Health Care Services Health Care Department Operations Manual, Title 15 of the California Code of Regulations, policy memoranda issued by the Secretary of the Department of Corrections and Rehabilitation or jointly with the receiver of the California Correctional Health Care Services, and any similar departmentwide guidance issued by proper authority, of which the foundation has been informed by the department or that has been published on the department’s public internet website.
(b) Operation of the program is exempt from all of the following:
(1) Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code.
(2) Section 2807.
(3) The Public Contract Code.
(4) The State Contracting Manual.
(5) Section 599.652 of Title 2 of the California Code of Regulations.
(6) Sections 3054.6, 3054.7, and 3056 of Title 15 of the California Code of Regulations.
(c) Beginning November 1, 2023, and annually thereafter, the department shall make available, upon request, the total expenditures and revenue collected for the program during the previous fiscal year.
(Added by Stats. 2022, Ch. 58, Sec. 25. (AB 200) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5007.5.

5007.5. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an inmate-initiated medical visit of an inmate confined in the state prison.
(Repealed and added by Stats. 2019, Ch. 570, Sec. 5. (AB 45) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5007.6.

5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records.
(Added by Stats. 2022, Ch. 837, Sec. 1. (SB 1139) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5007.7.

5007.7. An inmate who has maintained an inmate trust account with twenty-five dollars ($25) or less for 30 consecutive days shall be deemed indigent. An indigent inmate shall receive basic supplies necessary for maintaining personal hygiene. An indigent inmate shall be provided with sufficient resources to communicate with and access the courts, including, but not limited to, stamps, writing materials, envelopes, paper, and the services of a notary for the purpose of notarizing a signature on a document, as required.
(Added by Stats. 2018, Ch. 764, Sec. 1. (AB 2533) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5007.9.

5007.9. (a) The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for durable medical equipment or medical supplies provided to an inmate confined in the state prison as medically necessary to ensure the inmate has equal access to prison services, programs, or activities.
(b) (1) For purposes of this section, “durable medical equipment” means equipment that is prescribed by a licensed provider to meet the medical needs of an inmate and that meets all of the following criteria:
(A) The equipment can withstand repeated use.
(B) The equipment is used to serve a medical purpose.
(C) The equipment is not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.
(D) The equipment is appropriate for use in or out of the prison.
(2) Durable medical equipment includes, but is not limited to, eyeglasses, artificial eyes, dentures, artificial limbs, orthopedic braces and shoes, and hearing aids.
(c) For purposes of this section, “medical supplies” means supplies that are prescribed by a licensed provider to meet the medical needs of an inmate and that meet all of the following criteria:
(1) The supplies cannot withstand repeated use.
(2) The supplies are usually disposable in nature.
(3) The supplies are used to serve a medical purpose.
(4) The supplies are not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.
(5) The supplies are intended for use in an outpatient setting.
(Added by Stats. 2019, Ch. 570, Sec. 6. (AB 45) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5008.

5008. The Secretary of the Department of Corrections and Rehabilitation shall deposit any funds of inmates in his or her possession in trust with the Treasurer pursuant to Section 16305.3 of the Government Code. However, the Secretary of the Department of Corrections and Rehabilitation, shall deposit those funds of inmates in interest-bearing bank accounts or invest or reinvest the funds in any of the securities that are described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code and for the purposes of deposit or investment only may mingle the funds of any inmate with the funds of other inmates. Any interest or increment accruing on those funds, less expenses incurred in the investment, shall be deposited in individual inmate or parolee trust accounts on a proportional basis depending upon the amount of funds each individual inmate or parolee account has on deposit.
(Amended by Stats. 2008, Ch. 210, Sec. 1. Effective January 1, 2009.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5008.1.

5008.1. Subject to the availability of adequate state funding for these purposes, the Director of Corrections shall provide all inmates at each penal institution and prison facility under the jurisdiction of the department with information about behavior that places a person at high risk for contracting the human immunodeficiency virus (HIV), and about the prevention of transmission of acquired immune deficiency syndrome (AIDS). The director shall provide all inmates, who are within one month of release or being placed on parole, with information about agencies and facilities that provide testing, counseling, medical, and support services for AIDS victims. Information about AIDS prevention shall be solicited by the director from the State Department of Health Services, the county health officer, or local agencies providing services to persons with AIDS. The Director of Health Services, or his or her designee, shall approve protocols pertaining to the information to be disseminated under this section.
(Added by Stats. 1988, Ch. 1301, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5008.2.

5008.2. (a) During the intake medical examination or intake health screening, or while providing general information during intake, the department shall provide all inmates with information on hepatitis C, including, but not limited to, methods of hepatitis C transmission and prevention, and information on opportunities for screening and treatment while incarcerated. This subdivision shall be implemented only to the extent that brochures, other printed information, or other media is provided at no charge to the department by public health agencies or any other organization promoting hepatitis C education.
(b) The department shall also provide hepatitis C screening to all inmates who request it, and offer it to inmates that have a history of intravenous drug use or other risk factors for hepatitis C. This testing shall be confidential.
(Amended by Stats. 2019, Ch. 570, Sec. 7. (AB 45) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5009.

5009. (a) (1) It is the intent of the Legislature that all prisoners shall be afforded reasonable opportunities to exercise religious freedom.
(2) It is the intent of the Legislature that all prisoners shall be afforded religious grooming, clothing, and headwear accommodations in accordance with Section 2607.
(b) (1) Except in extraordinary circumstances, upon the transfer of an inmate to another state prison institution, any member of the clergy or spiritual adviser who has been previously authorized by the Department of Corrections and Rehabilitation to visit that inmate shall be granted visitation privileges at the institution to which the inmate is transferred within 72 hours of the transfer.
(2) Visitations by members of the clergy or spiritual advisers shall be subject to the same rules, regulations, and policies relating to general visitations applicable at the institution to which the inmate is transferred.
(3) A departmental or volunteer chaplain who has ministered to or advised an inmate incarcerated in state prison may, voluntarily and without compensation, continue to minister to or advise the inmate while they are on parole, provided that the departmental or volunteer chaplain so notifies the warden and the parolee’s parole agent in writing.
(c) Nothing in this section limits the department’s ability to prohibit a departmental chaplain from ministering to a parolee, or to exclude a volunteer chaplain from department facilities, if either is found to be in violation of any law or regulation and that violation would ordinarily be grounds for adverse action or denial of access to a facility or person under the department’s custody.
(Amended by Stats. 2023, Ch. 388, Sec. 4. (SB 309) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5010.

5010. (a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general health and welfare of inmates and that exercise equipment and programs in correctional facilities should be consistent with this purpose.
The Legislature further finds and declares that in some cases it may be beneficial to provide access to weights for therapeutic or rehabilitative reasons under a doctor’s order or for certain vocational activities such as firefighting.
(b) It is the intent of the Legislature that both the Department of Corrections and the Department of the Youth Authority eliminate or restrict access to weights and weight lifting equipment where it is determined that the particular type of equipment involved or the particular prison population or inmate involved poses a safety concern both in the correctional facility and to the public upon release. In those instances where inmates are allowed access to weights and weight lifting equipment, access shall be a privilege.
As a condition of inmate access to weights and weight lifting equipment, the departments may require inmates to participate in training in the proper use of weights and weight lifting equipment that emphasizes departmental rules and safety practices that must be observed when using weights and weight lifting equipment.
The directors of the departments, or their respective designees, may restrict individual or group access to weights and weight lifting equipment as deemed necessary for the orderly operation of the correctional facility.
(c) On or before July 1, 1995, both the Department of Corrections and the Department of the Youth Authority shall adopt regulations governing inmate access to weight lifting and weight training equipment in state prison and California Youth Authority facilities, respectively. In developing these regulations, the departments shall consider each of the following:
(1) Some prisoners may utilize weight equipment to develop strength and increase body mass and size rather than for the maintenance of general health. This use of weight equipment may create a risk of harm to other inmates, correctional officers, and staff and, upon release, to law enforcement officers and the general public.
(2) The improper use of weights and weight lifting equipment may result in injuries that require costly medical attention.
(3) Access to weights and weight lifting equipment by inmates may result in the use of the equipment by inmates to attack other inmates or correctional officers.
(Amended by Stats. 2004, Ch. 193, Sec. 148. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5011.

5011. (a) The Department of Corrections shall not require, as a condition for any form of treatment or custody that the department offers, an admission of guilt to any crime for which an inmate was committed to the custody of the department.
(b) The Board of Prison Terms shall not require, when setting parole dates, an admission of guilt to any crime for which an inmate was committed.
(Amended by Stats. 1979, Ch. 255.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5021.

5021. (a) Any death that occurs in any facility operated by the Department of Corrections and Rehabilitation, the State Department of State Hospitals, a city, county, or city and county, including county juvenile facilities, or any facility which is under contract with any of these entities for the incarceration, rehabilitation, holding, or treatment of persons accused or convicted of crimes, shall be reported within a reasonable time, not to exceed two hours, of its discovery by authorities in the facility to the county sheriff, or his or her designated representative, and to the coroner’s office, of the county in which the facility is located, as provided in Section 27491 of the Government Code. These deaths shall also be reported to the district attorney, or his or her designated representative, of the county in which the facility is located as soon as a representative of the district attorney’s office is on duty. If the facility is located within the city limits of an incorporated city, the report shall also be made to the chief of police in that city, or to his or her designated representative, within a reasonable time, not to exceed two hours, of its discovery.
Any death of a person in a facility operated by the Department of Corrections and Rehabilitation shall also be reported to the Chief of Medical Services in the Central Office of the Department of Corrections and Rehabilitation, or his or her designated representative, as soon as a representative of that office is on duty.
(b) The initial report of the death of a person required in subdivision (a) may be transmitted by telephone, direct contact, or by written notification, and shall outline all pertinent facts known at the time the report is made and all persons to contact, in addition to any other information the reporting person or officer deems pertinent.
(c) The initial report of the death of a person as required in subdivision (a) shall be supplemented by a written report, which shall be submitted to the entities listed in subdivision (a) within eight hours of the discovery of the death. This written report shall include all circumstances and details of the death that were known at the time the report was prepared, and shall include the names of all persons involved in the death, and all persons with knowledge of the circumstances surrounding the death.
(Amended by Stats. 2012, Ch. 24, Sec. 49. (AB 1470) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5022.

5022. (a) Upon the entry of a prisoner into a facility operated by the Department of Corrections, and at least every year thereafter, the Director of Corrections shall obtain from the prisoner the name and last known address and telephone number of any person or persons who shall be notified in the event of the prisoner’s death or serious illness or serious injury, as determined by the physician in attendance, and who are authorized to receive his or her body. The persons shall be noted in the order of the prisoner’s preference. The Director of Corrections shall provide the prisoner with the opportunity to modify or amend his or her notification list at any time.
(b) The Director of Corrections shall use all reasonable means to contact the person or persons set forth in the notification list upon the death or serious illness or serious injury, as determined by the physician in attendance, of the prisoner while confined in a facility operated by the Department of Corrections.
(Added by Stats. 1993, Ch. 211, Sec. 1. Effective July 26, 1993.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5023.

5023. (a) It is the intent of the Legislature that the Department of Corrections operate in the most cost-effective and efficient manner possible when purchasing health care services for inmates. To achieve this goal, it is desirable that the department have the benefit and experience of the California Medical Assistance Commission in planning and negotiating for the purchase of health care services.
(b) The Department of Corrections shall consult with the commission to assist the department in planning and negotiating contracts for the purchase of health care services. The commission shall advise the department, and may negotiate directly with providers on behalf of the department, as mutually agreed upon by the commission and the department.
(Amended by Stats. 1995, Ch. 749, Sec. 9. Effective October 10, 1995.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5023.6.

5023.6. (a) The Department of Corrections and Rehabilitation shall, by January 1, 2011, do all of the following:
(1) Adopt industry standard claim forms for use by contract health care service providers.
(2) Be able to accept secure electronic submission of claims from contract health care service providers.
(3) Perform periodic audits of claims paid to contract health care providers.
(4) Provide secure, remote electronic access to claim status information to those contract health care service providers submitting claims electronically in the manner required by the department.
(b) The department may adopt policies and procedures for the purpose of enabling electronic health care claims management and processing. The adoption, amendment, or repeal of policies and procedures for this limited purpose are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2010, Ch. 669, Sec. 2. (AB 1985) Effective January 1, 2011.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5023.7.

5023.7. (a) Notwithstanding any other provision of law, money recovered prior to July 1, 2011, from an overpayment of a medical contract expenditure, under the authority of the federal health care receiver, shall be credited to the fiscal year in which the expenditure was drawn. An amount not to exceed the total amount of the funds recovered shall be augmented to the appropriation to the department for the 2010–11 fiscal year, upon approval of the Department of Finance.
(b) Money recovered on or after July 1, 2011, from an overpayment of a medical contract expenditure, under the authority of the federal health care receiver, shall be credited to the fiscal year in which the expenditure was drawn. An amount not to exceed the amount of the overpayment shall be augmented to the appropriation to the department for the fiscal year in which the recovered funds are received, upon approval of the Department of Finance.
(c) Any money recovered and any adjustments to appropriations made pursuant to subdivisions (a) and (b) shall be reported to the Joint Legislative Budget Committee within 30 days.
(d) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2016, pursuant to Section 10231.5 of the Government Code.
(Added by Stats. 2011, Ch. 36, Sec. 28. (SB 92) Effective June 30, 2011.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5024.5.

5024.5. (a) The Department of Corrections shall adopt policies, procedures, and criteria to identify selected medication categories for the development of utilization protocols based on best practices, and the use of generic and therapeutic substitutes, as appropriate.
(b) The department shall develop utilization and treatment protocols for select medication categories based on defined priority criteria, including, but not limited to, the cost of the medications.
(c) On or before April 1, 2006, the department shall provide information, as part of the fiscal committee budget hearings for the 2006–07 budget year, on the impact of the adoption of these protocols.
(d) The department shall coordinate the implementation of this section with the Department of General Services’ prescription drug bulk purchasing program pursuant to Chapter 12 (commencing with Section 14977) of Part 5.5 of Division 3 of Title 2 of the Government Code, in order to better achieve the goals and intent of that program.
(e) It is the intent of the Legislature that the department shall complete the implementation of this section utilizing the existing resources of the department.
(Added by Stats. 2004, Ch. 383, Sec. 1. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5025.

5025. (a) On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. This identification procedure shall be completed, as to each inmate, within 90 days of the Department of Corrections having taken custody of the inmate.
(b) The procedures implemented by the department, pursuant to subdivision (a), shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in state prison:
(1) Country of citizenship.
(2) Place of birth.
(3) Inmate’s statements.
(4) Prior parole records.
(5) Prior arrest records.
(6) Probation Officer’s Report (POR).
(7) Information from the Department of Justice’s Criminal Identification and Information Unit.
(8) Other legal documents.
(c) The Department of Corrections shall report annually to the Legislature the number of persons identified as undocumented aliens pursuant to subdivision (a). The reports shall contain the number of persons referred, the race, national origin, and national ancestry of persons referred, the offense or offenses for which the person was committed to state prison, and the disposition of the referral, if known.
(Amended by Stats. 1994, Ch. 565, Sec. 5. Effective September 16, 1994. Superseded on operative date of amendment by Stats. 1994, Ch. 567, as further amended by Stats. 1995, Ch. 91.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5026.

5026. (a) The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.
(b) For purposes of this section, “immigrant” means a person who is not a citizen or national of the United States.
(Amended by Stats. 2021, Ch. 296, Sec. 50. (AB 1096) Effective January 1, 2022. Repealed conditionally by Stats. 1994, Ch. 567, Secs. 3 and 6, upon enactment of specified federal legislation.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5027.

5027. (a) Upon appropriation by the Legislature in the annual Budget Act, the Department of Corrections and Rehabilitation shall award funding for an innovative grant program to not-for-profit organizations to replicate their programs at institutions that the Director of the Division of Rehabilitative Programs has determined are underserved by volunteer and not-for-profit organizations. The director shall develop a formula for identifying target institutions based upon factors including, but not limited to, number of volunteers, number of inmates, number of volunteer-based programs, and the size of waiting lists for inmates wanting to participate in programs.
(b) Grant funding shall be provided to not-for-profit organizations wishing to expand programs that they are currently providing in other California state prisons that have demonstrated success and focus on offender responsibility and restorative justice principles or to not-for-profit organizations with experience in providing programming in a correctional setting. The grants shall be awarded for a three-year period and are designed to be one time in nature. All funding shall go directly to the not-for-profit organizations and shall not be used for custody staff or administration of the grant. Any unspent funds shall revert to the fund source authorized for this purpose at the end of three years.
(c) On or before January 1 of each year, the department shall report to the budget committees and public safety committees in both houses of the Legislature on the following information from the previous fiscal year’s grants:
(1) The number of grants provided.
(2) The institutions receiving grants.
(3) A description of each program and level of funding provided, organized by institution.
(4) The start date of each program.
(5) Any feedback from inmates participating in the programs on the value of the programs.
(6) Any feedback from the program providers on their experience with each institution.
(7) The number of participants participating in each program.
(8) The number of participants completing each program.
(9) Waiting lists, if any, for each program.
(Amended by Stats. 2022, Ch. 58, Sec. 26. (AB 200) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5028.

5028. (a) Upon the entry of any person who is currently or was previously a foreign national into a facility operated by the Department of Corrections, the Director of Corrections shall inform the person that he or she may apply to be transferred to serve the remainder of his or her prison term in his or her current or former nation of citizenship. The director shall inform the person that he or she may contact his or her consulate and shall ensure that if notification is requested by the inmate, that the inmate’s nearest consulate or embassy is notified without delay of his or her incarceration.
(b) Upon the request of a foreign consulate representing a nation that requires mandatory notification under Article 36 of the Vienna Convention on Consular Relations Treaty listed in subdivision (d) of Section 834c, the Department of Corrections shall provide the foreign consulate with a list of the names and locations of all inmates in its custody that have self-identified that nation as his or her place of birth.
(c) The Department of Corrections shall implement and maintain procedures to process applications for the transfer of prisoners to their current or former nations of citizenship under subdivision (a) and shall forward all applications to the Governor or his or her designee for appropriate action.
(Amended by Stats. 2004, Ch. 924, Sec. 2. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5029.

5029. (a) The Director of Corrections shall ensure that documents, computers, or computer accessible media containing personal information relating to an employee of the Department of Corrections are not removed from the state prison without proper authorization from the warden or his or her designee.
(b) Any employee of the Department of Corrections who, without proper authorization, knowingly removes personal information relating to an employee of the Department of Corrections from the state prison in violation of subdivision (a), or who fails to provide the appropriate notice as required in subdivision (c), is subject to disciplinary action.
(c) (1) An employee who removes personal information shall, once the employee is aware that the information either is lost or stolen or cannot be accounted for, make a reasonable effort to immediately notify the warden, or his or her designee, of that fact.
(2) The warden, or his or her designee, shall attempt to notify the employee whose personal information either is lost or stolen or cannot be accounted for within 24 hours of receiving the notice under paragraph (1).
(d) For purposes of this section, “personal information” shall have the same meaning as set forth in Section 1798.3 of the Civil Code.
(e) It is not the intent of the Legislature, in enacting this section, to inhibit or prevent a person from making a disclosure of improper governmental activity that is protected by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 6129, or by the California Whistleblower Protection Act, Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2 of the Government Code, or by the Whistleblower Protection Act, Article 10 (commencing with Section 9149.20) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code. Furthermore, nothing in this section shall be construed to interfere with the authority of the Office of the Inspector General pursuant to Section 6126.5 of this code, nor the authority of the State Auditor pursuant to Section 8545.2 of the Government Code.
(Added by Stats. 2002, Ch. 240, Sec. 1. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5030.1.

5030.1. (a) The possession or use of tobacco products by inmates under the jurisdiction of the Department of Corrections is prohibited. The Director of Corrections shall adopt regulations to implement this prohibition, which shall include an exemption for departmentally approved religious ceremonies.
(b) The use of tobacco products by any person not included in subdivision (a) on the grounds of any institution or facility under the jurisdiction of the Department of Corrections is prohibited, with the exception of residential staff housing where inmates are not present.
(Added by Stats. 2004, Ch. 798, Sec. 6. Effective January 1, 2005. Operative July 1, 2005, by Sec. 9 of Ch. 798.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 1 - The Department of Corrections and Rehabilitation › Section 5032.

5032. Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the closure of a prison or juvenile facility operated or leased by the Department of Corrections and Rehabilitation, or to any activity or approval necessary for, or incidental to, the closure of a prison or juvenile facility operated or leased by the Department of Corrections and Rehabilitation, including, but not limited to, a prison or juvenile facility that was identified or designated for closure before the effective date of this section. This section is declaratory of existing law.
(Added by Stats. 2022, Ch. 58, Sec. 27. (AB 200) Effective June 30, 2022.)