reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3412.

3412. (a) The Department of Corrections shall provide pediatric care consistent with medical standards and, to the extent feasible, shall be guided by the need to provide the following:
(1) A stable, caregiving, stimulating environment for the children as developed and supervised by professional guidance in the area of child development.
(2) Programs geared to assure the stability of the parent-child relationship during and after participation in the program, to be developed and supervised by appropriate professional guidance. These programs shall, at a minimum, be geared to accomplish the following:
(A) The mother’s mental stability.
(B) The mother’s familiarity with good parenting and housekeeping skills.
(C) The mother’s ability to function in the community, upon parole or release, as a viable member.
(D) The securing of adequate housing arrangements after participation in the program.
(E) The securing of adequate child care arrangements after participation in the program.
(3) Utilization of the least restrictive alternative to incarceration and restraint possible to achieve the objectives of correction and of this chapter consistent with public safety and justice.
(b) (1) The Department of Corrections shall ensure that the children and mothers residing in a community treatment program have access to, and are permitted by the community treatment program to participate in, available local Head Start, Healthy Start, and programs for early childhood development pursuant to the California Children and Families Program (Division 108 (commencing with Section 130100) of the Health and Safety Code).
(2) The community treatment program shall provide each mother with written information about the available local programs, including the telephone numbers for enrolling a child in a program.
(3) The community treatment program shall also provide transportation to program services and otherwise assist and facilitate enrollment and participation for eligible children.
(4) Nothing in this subdivision shall be construed as granting or requiring preferential access or enrollment for children of incarcerated mothers to any of the programs specified in this subdivision.
(Amended by Stats. 2004, Ch. 297, Sec. 1. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3413.

3413. In determining how to implement this chapter, the Department of Corrections shall be guided by the need to utilize the most cost-efficient methods possible. Therefore, the Director of Corrections may enter into contracts, with the approval of the Director of General Services, with appropriate public or private agencies, to provide housing, sustenance, services as provided in subdivisions (a) and (b) of Section 3412, and supervision for such inmates as are eligible for placement in community treatment programs. Prisoners in the care of such agencies shall be subject to all provisions of law applicable to them.
(Amended by Stats. 1982, Ch. 42, Sec. 4. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3415.

3415. (a) The probation department shall, no later than the day that any woman is sentenced to the state prison, notify such woman of the provisions of this chapter, if the term of the state imprisonment does not exceed six years on the basis of either the probable release or parole date computed as if the maximum amount of good time credit would be granted. The probation department shall determine such term of state imprisonment at such time for the purposes of this section.
(b) The woman may, upon the receipt of such notice and upon sentencing to a term in state prison, give notice of her desire to be admitted to a program under this chapter. The probation department or the defendant shall transmit such notice to the Department of Corrections, and to the appropriate local social services agency that conducts investigations for child neglect and dependency hearings.
(Amended by Stats. 1982, Ch. 42, Sec. 5. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3416.

3416. (a) If any woman received by or committed to the Department of Corrections has a child under six years of age, or gives birth to a child while an inmate under the jurisdiction of the Department of Corrections, the child and his or her mother shall, upon her request, be admitted to and retained in a community treatment program established by the Department of Corrections, subject to the provisions of this chapter.
(b) Women transferred to community treatment programs remain under the legal custody of the department and shall be subject at any time, pursuant to the rules and regulations of the Director of Corrections, to be detained in the county jail upon the exercise of a state parole or correctional officer’s peace officer powers as specified in Section 830.5, with the consent of the sheriff or corresponding official having jurisdiction over the facility.
(Amended by Stats. 1984, Ch. 961, Sec. 2. Effective September 10, 1984.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3418.

3418. (a) In the case of any inmate who gave birth to a child after the date of sentencing, and in the case of any inmate who gave birth to a child prior to that date and meets the requirements of Section 3417 but has not yet made application for admission to a program, the department shall, at the earliest possible date, but in no case later than the birth of the child, or the receipt of the inmate to the custody of the Department of Corrections, as the case may be, notify the inmate of the provisions of this chapter and provide her with a written application for the program described in this chapter.
(b) The notice provided by the department shall contain, but need not be limited to, guidelines for qualification for, and the timeframe for application to, the program and the process for appealing a denial of admittance.
(Amended by Stats. 2004, Ch. 297, Sec. 3. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3419.

3419. (a) In the case of any inmate who gives birth after her receipt by the Department of Corrections and Rehabilitation, the department shall, subject to reasonable rules and regulations promulgated pursuant to Section 3414, provide notice of, and a written application for, the program described in this chapter, and upon her request, declare the inmate eligible to participate in a program pursuant to this chapter if all of the requirements of Section 3417 are met.
(b) The notice provided by the department shall contain, but need not be limited to, guidelines for qualification for, and the timeframe for application to, the program and the process for appealing a denial of admittance.
(c) Any community treatment program, in which an inmate who gives birth after her receipt by the Department of Corrections and Rehabilitation participates, shall include, but is not limited to, the following:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(4) Infant care.
(Amended by Stats. 2005, Ch. 608, Sec. 1. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3421.

3421. Children of women inmates may only participate in the program until they reach the age of six years, at which time the Board of Prison Terms may arrange for their care elsewhere under any procedure authorized by statute and transfer the mother to another placement under the jurisdiction of the Department of Corrections if necessary; and provided further, that at its discretion in exceptional cases, including, but not limited to cases where the mother’s period of incarceration is extended, the board may retain such child and mother for a longer period of time.
(Amended by Stats. 1982, Ch. 42, Sec. 11. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3422.

3422. The costs for care of any mother and child placed in a community treatment program pursuant to this section shall be paid for out of funds allocated to the department in the normal budgetary process. The department shall make diligent efforts to procure other funding sources for the program.
(Amended by Stats. 1982, Ch. 42, Sec. 12. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3423.

3423. Any woman inmate who would give birth to a child during her term of imprisonment may be temporarily taken to a hospital outside the prison for the purposes of childbirth, and the charge for hospital and medical care shall be charged against the funds allocated to the institution. The inmate shall not be shackled by the wrists, ankles, or both during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, except as provided in Section 5007.7. The board shall provide for the care of any children so born and shall pay for their care until suitably placed, including, but not limited to, placement in a community treatment program.
(Amended by Stats. 2005, Ch. 608, Sec. 2. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 4 - Community Treatment Programs › Section 3424.

3424. A woman who is pregnant during her incarceration and who is not eligible for the program described in this chapter shall have access to complete prenatal health care. The department shall establish minimum standards for pregnant inmates in its custody who are not placed in a community treatment program including all of the following:
(a) A balanced, nutritious diet approved by a doctor.
(b) Prenatal and postpartum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor.
(c) Information pertaining to childbirth education and infant care.
(d) A dental cleaning while in a state facility.
(Added by Stats. 2005, Ch. 608, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2 - IMPRISONMENT OF FEMALE PRISONERS IN STATE INSTITUTIONS › CHAPTER 5 - Gender Responsive Programs › Section 3430.

3430. The Department of Corrections and Rehabilitation shall do all of the following:
(a) Create a Female Offender Reform Master Plan, and shall present this plan to the Legislature by March 1, 2008.
(b) Create policies and operational practices that are designed to ensure a safe and productive institutional environment for female offenders.
(c) Contract with nationally recognized gender responsive experts in prison operational practices staffing, classification, substance abuse, trauma treatment services, mental health services, transitional services, and community corrections to do both of the following:
(1) Conduct a staffing analysis of all current job classifications assigned to each prison that houses only females. The department shall provide a plan to the Legislature by March 1, 2009, that incorporates those recommendations and details the changes that are needed to address any identified unmet needs of female inmates.
(2) Develop programs and training for department staff in correctional facilities.
(d) Create a gender responsive female classification system.
(e) Create a gender responsive staffing pattern for female institutions and community-based offender beds.
(f) Create a needs-based case and risk management tool designed specifically for female offenders. This tool shall include, but not be limited to, an assessment upon intake, and annually thereafter, that gauges an inmate’s educational and vocational needs, including reading, writing, communication, and arithmetic skills, health care needs, mental health needs, substance abuse needs, and trauma-treatment needs. The initial assessment shall include projections for academic, vocational, health care, mental health, substance abuse, and trauma-treatment needs, and shall be used to determine appropriate programming and as a measure of progress in subsequent assessments of development.
(g) Design and implement evidence-based gender specific rehabilitative programs, including “wraparound” educational, health care, mental health, vocational, substance abuse and trauma treatment programs that are designed to reduce female offender recidivism. These programs shall include, but not be limited to, educational programs that include academic preparation in the areas of verbal communication skills, reading, writing, arithmetic, and the acquisition of high school diplomas and GEDs, and vocational preparation, including counseling and training in marketable skills, and job placement information.
(h) Build and strengthen systems of family support and family involvement during the period of the female’s incarceration.
(i) Establish a family service coordinator at each prison that houses only females.
(Added by Stats. 2007, Ch. 706, Sec. 1. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3451.

3451. (a) Notwithstanding any other law and except for persons serving a prison term for any crime described in subdivision (b), all persons released from prison on and after October 1, 2011, or, whose sentence has been deemed served pursuant to Section 2900.5 after serving a prison term for a felony shall, upon release from prison and for a period not exceeding three years immediately following release, be subject to community supervision provided by the probation department of the county to which the person is being released, which is consistent with evidence-based practices, including, but not limited to, supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under postrelease supervision.
(b) This section shall not apply to any person released from prison after having served a prison term for any of the following:
(1) A serious felony described in subdivision (c) of Section 1192.7.
(2) A violent felony described in subdivision (c) of Section 667.5.
(3) A crime for which the person was sentenced pursuant to paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of subdivision (c) of Section 1170.12.
(4) Any crime for which the person is classified as a high-risk sex offender.
(5) Any crime for which the person is required, as a condition of parole, to undergo treatment by the State Department of State Hospitals pursuant to Section 2962.
(c) (1) Postrelease supervision under this title shall be implemented by the county probation department according to a postrelease strategy designated by each county’s board of supervisors.
(2) The Department of Corrections and Rehabilitation shall inform every prisoner subject to the provisions of this title, upon release from state prison, of the requirements of this title and of his or her responsibility to report to the county probation department. The department or probation department shall also inform persons serving a term of parole or postrelease community supervision for a felony offense who are subject to this section of the requirements of this title and of his or her responsibility to report to the county probation department. Thirty days prior to the release of any person subject to postrelease supervision by a county, the department shall notify the county of all information that would otherwise be required for parolees under subdivision (e) of Section 3003.
(d) A person released to postrelease community supervision pursuant to subdivision (a) shall, regardless of any subsequent determination that the person should have been released to parole pursuant to Section 3000.08, remain subject to subdivision (a) after having served 60 days under supervision pursuant to subdivision (a).
(Amended by Stats. 2015, Ch. 378, Sec. 5. (AB 1156) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3452.

3452. (a) A person who is eligible for postrelease community supervision pursuant to this title shall be given notice that he or she is subject to postrelease community supervision prior to his or her release from prison. A person who is on parole and is then transferred to postrelease community supervision shall be given notice that he or she is subject to postrelease community supervision prior to his or her release from state prison.
(b) A postrelease community supervision notice shall specify the following:
(1) The person’s release date and the maximum period the person may be subject to postrelease supervision under this title.
(2) The name, address, and telephone number of the county agency responsible for the person’s postrelease supervision.
(3) An advisement that if a person breaks the law or violates the conditions of release, he or she can be incarcerated in a county jail regardless of whether or not new charges are filed.
(Amended by Stats. 2012, Ch. 43, Sec. 50. (SB 1023) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3454.

3454. (a) Each supervising county agency, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall establish a review process for assessing and refining a person’s program of postrelease supervision. Any additional postrelease supervision conditions shall be reasonably related to the underlying offense for which the offender spent time in prison, or to the offender’s risk of recidivism, and the offender’s criminal history, and be otherwise consistent with law.
(b) Each county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, may determine additional appropriate conditions of supervision listed in Section 3453 consistent with public safety, including the use of continuous electronic monitoring as defined in Section 1210.7, order the provision of appropriate rehabilitation and treatment services, determine appropriate incentives, and determine and order appropriate responses to alleged violations, which can include, but shall not be limited to, immediate, structured, and intermediate sanctions up to and including referral to a reentry court pursuant to Section 3015, or flash incarceration in a city or county jail. Periods of flash incarceration are encouraged as one method of punishment for violations of an offender’s condition of postrelease supervision.
(c) As used in this title, “flash incarceration” is a period of detention in a city or county jail due to a violation of an offender’s conditions of postrelease supervision. The length of the detention period can range between one and 10 consecutive days. Flash incarceration is a tool that may be used by each county agency responsible for postrelease supervision. Shorter, but if necessary more frequent, periods of detention for violations of an offender’s postrelease supervision conditions shall appropriately punish an offender while preventing the disruption in a work or home establishment that typically arises from longer term revocations.
(Amended by Stats. 2013, Ch. 788, Sec. 3. (AB 986) Effective January 1, 2014.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3456.

3456. (a) The county agency responsible for postrelease supervision, as established by the county board of supervisors pursuant to subdivision (a) of Section 3451, shall maintain postrelease supervision over a person under postrelease supervision pursuant to this title until one of the following events occurs:
(1) The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision.
(2) Any person on postrelease supervision for six consecutive months with no violations of his or her conditions of postrelease supervision that result in a custodial sanction may be considered for immediate discharge by the supervising county.
(3) The person who has been on postrelease supervision continuously for one year with no violations of his or her conditions of postrelease supervision that result in a custodial sanction shall be discharged from supervision within 30 days.
(4) Jurisdiction over the person has been terminated by operation of law.
(5) Jurisdiction is transferred to another supervising county agency.
(6) Jurisdiction is terminated by the revocation hearing officer upon a petition to revoke and terminate supervision by the supervising county agency.
(b) Time during which a person on postrelease supervision is suspended because the person has absconded shall not be credited toward any period of postrelease supervision.
(Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 31. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3456.5.

3456.5. (a) (1) The local supervising agency, in coordination with the sheriff or local correctional administrator, may require any person that is to be released from county jail or a local correctional facility into postrelease community supervision to report to a supervising agent or designated local supervising agency within two days of release from the county jail or local correction facility.
(2) This section shall not prohibit the local supervising agency from requiring any person released on postrelease community supervision to report to his or her assigned supervising agent within a time period that is less than two days from the time of release.
(b) With regard to any inmate subject to this section, the sheriff or local correctional administrator may release an inmate sentenced prior to the effective date of the act adding this section one or two days before his or her scheduled release date if the inmate’s release date falls on the day before a holiday or weekend.
(Added by Stats. 2012, Ch. 43, Sec. 53. (SB 1023) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3457.

3457. The Department of Corrections and Rehabilitation shall have no jurisdiction over any person who is under postrelease community supervision pursuant to this title.
(Added by Stats. 2011, Ch. 15, Sec. 479. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3458.

3458. No person subject to this title shall be returned to prison for a violation of any condition of the person’s postrelease supervision agreement.
(Added by Stats. 2011, Ch. 15, Sec. 479. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3460.

3460. (a) Whenever a supervising agency determines that a person subject to postrelease supervision pursuant to this chapter no longer permanently resides within its jurisdiction, and a change in residence was either approved by the supervising agency or did not violate the terms and conditions of postrelease supervision, the supervising agency shall transmit, within two weeks, any information the agency received from the Department of Corrections and Rehabilitation prior to the release of the person in that jurisdiction to the designated supervising agency in the county in which the person permanently resides.
(b) Upon verification of permanent residency, the receiving supervising agency shall accept jurisdiction and supervision of the person on postrelease supervision.
(c) For purposes of this section, residence means the place where the person customarily lives exclusive of employment, school, or other special or temporary purpose. A person may have only one residence.
(d) No supervising agency shall be required to transfer jurisdiction to another county unless the person demonstrates an ability to establish permanent residency within another county without violating the terms and conditions of postrelease supervision.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 32. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.05 - Postrelease Community Supervision Act of 2011 › Section 3465.

3465. Every person placed on postrelease community supervision, and his or her residence and possessions, shall be subject to search or seizure at any time of the day or night, with or without a warrant, by an agent of the supervising county agency or by a peace officer.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 33. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 1 - Definitions › Section 3500.

3500. For purposes of this title:
(a) “Behavioral research” means studies involving, but not limited to, the investigation of human behavior, emotion, adaptation, conditioning, and response in a program designed to test certain hypotheses through the collection of objective data. Behavioral research does not include the accumulation of statistical data in the assessment of the effectiveness of programs to which inmates are routinely assigned, including, but not limited to, education, vocational training, productive work, counseling, recognized therapies, and programs that are not experimental in nature.
(b) “Biomedical research” means research relating to or involving biological, medical, or physical science. Biomedical research does not include the accumulation of statistical data in the assessment of the effectiveness of nonexperimental public health programs or treatment programs in which inmates routinely participate.
(c) “Psychotropic drug” means a drug that has the capability of changing or controlling mental functioning or behavior through direct pharmacological action. These drugs include, but are not limited to, antipsychotic, antianxiety, sedative, antidepressant, and stimulant drugs. Psychotropic drugs also include mind-altering and behavior-altering drugs that, in specified dosages, are used to alleviate certain physical disorders, and drugs that are ordinarily used to alleviate certain physical disorders but may, in specified dosages, have mind-altering or behavior-altering effects.
(d) “Research” means a class of activities designed to develop or contribute to generalizable knowledge, including theories, principles, or relationships, or the accumulation of data on which they may be based, that can be corroborated by accepted scientific observation and inferences.
(e) “Research protocol” means a formal document setting forth the explicit objectives of a research project and the procedures of investigation designed to reach those objectives.
(f) “Phase I drug” means a drug that is designated as a phase I drug for testing purposes under the federal Food and Drug Administration criteria in Part 312 of Subchapter D of Chapter I of Title 21 of the Code of Federal Regulations.
(Amended by Stats. 2016, Ch. 197, Sec. 1. (SB 1238) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 2 - General Provisions and Prohibitions › Section 3501.

3501. The Legislature affirms the fundamental right of competent adults to make decisions about their participation in behavioral research.
(Amended by Stats. 1985, Ch. 1553, Sec. 1.5.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 2 - General Provisions and Prohibitions › Section 3502.

3502. (a) Biomedical research shall not be conducted on any prisoner in this state.
(b) Notwithstanding subdivision (a), records-based biomedical research using existing information, without prospective interaction with human subjects, may be conducted consistent with this title. The use or disclosure of individually identifiable records pursuant to this subdivision shall only occur after both of the following requirements have been met:
(1) The research advisory committee established pursuant to Section 3369.5 of Title 15 of the California Code of Regulations approves of the use or disclosure.
(2) The prisoner provides written authorization for the use or disclosure, or the use or disclosure is permitted by Section 164.512 of Title 45 of the Code of Federal Regulations.
(Amended by Stats. 2016, Ch. 197, Sec. 2. (SB 1238) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 2 - General Provisions and Prohibitions › Section 3502.5.

3502.5. (a) Notwithstanding Section 3502, any physician who provides medical care to prisoners may provide a patient who is a prisoner with a drug or treatment available only through a treatment protocol or treatment IND (investigational new drug), as defined in Section 312 of Title 21 of the Code of Federal Regulations, if the physician determines that access to that drug is in the best medical interest of the patient, and the patient has given informed consent under Section 3521.
(b) Notwithstanding any other provision of law, neither a public entity nor a public employee shall be liable for any injury caused by the administration of a drug pursuant to subdivision (a), where the administration is made in accordance with a treatment IND or a treatment protocol as defined in Section 312 of Title 21 of the Code of Federal Regulations.
(Amended by Stats. 1995, Ch. 70, Sec. 1. Effective January 1, 1996.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 2 - General Provisions and Prohibitions › Section 3504.

3504. Any physical or mental injury of a prisoner resulting from the participation in behavioral research, irrespective of causation of such injury, shall be treated promptly and on a continuing basis until the injury is cured.
(Amended by Stats. 1985, Ch. 1553, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 2 - General Provisions and Prohibitions › Section 3505.

3505. Behavioral research shall be limited to studies of the possible causes, effects and processes of incarceration and studies of prisons as institutional structures or of prisoners as incarcerated persons which present minimal or no risk and no more than mere inconvenience to the subjects of the research. Informed consent shall not be required for participation in behavioral research when the department determines that it would be unnecessary or significantly inhibit the conduct of such research. In the absence of such determination, informed consent shall be required for participation in behavioral research.
(Amended by Stats. 1985, Ch. 1553, Sec. 6.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 2 - General Provisions and Prohibitions › Section 3508.

3508. Behavioral modification techniques shall be used only if such techniques are medically and socially acceptable means by which to modify behavior and if such techniques do not inflict permanent physical or psychological injury.
(Added by Stats. 1977, Ch. 1250.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 2 - General Provisions and Prohibitions › Section 3509.5.

3509.5. Nothing in this title is intended to diminish the authority of any official or agency to adopt and enforce rules pertaining to prisoners, so long as such rules are not inconsistent with this title.
(Added by Stats. 1977, Ch. 1250.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 3 - Administration › Section 3515.

3515. The duties of the department are to determine:
(a) That the risks to the prisoners consenting to research are outweighed by the sum of benefits to the prisoners and the importance of the knowledge to be gained.
(b) That the rights and welfare of the prisoners are adequately protected, including the security of any confidential personal information.
(c) That the procedures for selection of prisoners are equitable and that subjects are not unjustly deprived of the opportunity to participate.
(d) That adequate provisions have been made for compensating research related injury.
(e) That the rate of remuneration is comparable to that received by nonprisoner volunteers in similar research.
(f) That the conduct of the activity will be reviewed at timely intervals.
(g) That legally effective informed consent will be obtained by adequate and appropriate methods.
(Amended by Stats. 1985, Ch. 1553, Sec. 15.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 3 - Administration › Section 3516.

3516. No behavioral research shall be conducted on any prisoner in this state in the absence of a determination by the department consistent with this title.
(Amended by Stats. 1985, Ch. 1553, Sec. 16.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 3 - Administration › Section 3517.

3517. The department shall promulgate rules and regulations reasonably necessary for the effective administration of the provisions of this title. Action on proposals submitted shall be taken within 60 days. The regulations shall be submitted to the Joint Legislative Prison Committee for review and shall not become operative until 60 days after submission.
(Amended by Stats. 1985, Ch. 1553, Sec. 17.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 3 - Administration › Section 3518.

3518. The department shall promulgate rules and regulations prescribing procedures to be followed by any person who has a grievance concerning the operation of any particular research program conducted pursuant to this title.
(Amended by Stats. 1985, Ch. 1553, Sec. 18.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 3 - Administration › Section 3519.

3519. The department shall evaluate the impact of research on human subjects approved and conducted pursuant to this title, including any adverse reactions.
(Amended by Stats. 1985, Ch. 1553, Sec. 19.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 3 - Administration › Section 3520.

3520. The department shall make a report due on or before January 1 of each odd-numbered year containing a review of each research program which has been approved and conducted. The report shall be transmitted to the Legislature and shall be made available to the public.
(Amended by Stats. 2003, Ch. 468, Sec. 19. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 4 - Prisoners Rights as Research Subjects › Section 3521.

3521. For the purposes of this title, a prisoner shall be deemed to have given his informed consent only if each of the following conditions are satisfied:
(a) Consent is given without duress, coercion, fraud, or undue influence.
(b) The prisoner is informed in writing of the potential risks or benefits, or both, of the proposed research.
(c) The prisoner is informed orally and in writing in the language in which the subject is fluent of each of the following:
(1) An explanation of the biomedical or behavioral research procedures to be followed and their purposes, including identification of any procedures which are experimental.
(2) A description of all known attendant discomfort and risks reasonably to be expected.
(3) A disclosure of any appropriate alternative biomedical or behavioral research procedures that might be advantageous for the subject.
(4) The nature of the information sought to be gained by the experiment.
(5) The expected recovery time of the subject after completion of the experiment.
(6) An offer to answer any inquiries concerning the applicable biomedical or behavioral research procedures.
(7) An instruction that the person is free to withdraw his consent and to discontinue participation in the research at any time without prejudice to the subject.
(Added by Stats. 1977, Ch. 1250.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 4 - Prisoners Rights as Research Subjects › Section 3522.

3522. At the time of furnishing a prisoner the writing required by subdivision (b) of Section 3521, the prisoner shall also be given information as to (a) the amount of remuneration the prisoner will receive for the research and (b) the manner in which the prisoner may obtain prompt treatment for any research-related injuries. Such information shall be provided in writing on a form to be retained by the prisoner.
(Added by Stats. 1977, Ch. 1250.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 4 - Prisoners Rights as Research Subjects › Section 3523.

3523. The amount of such remuneration shall be comparable to that which is paid to nonprisoner volunteers in similar research.
(Added by Stats. 1977, Ch. 1250.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 2.1 - BIOMEDICAL AND BEHAVIORIAL RESEARCH › CHAPTER 5 - Remedies › Section 3524.

3524. (a) A prisoner may maintain an action for injury to such prisoner, including physical or mental injury, or both, caused by the wrongful or negligent act of a person during the course of the prisoner’s participation in biomedical or behavioral research conducted pursuant to this title.
(b) In any action pursuant to this section, such damages may be awarded as under all of the circumstances of the case may be just.
(c) When the death of a prisoner is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or if dead, such person’s personal representatives.
(d) If an action arising out of the same wrongful act or neglect may be maintained pursuant to subdivision (c) for wrongful death to any such prisoner, the action authorized by subdivision (a) shall be consolidated therewith for trial on motion of any interested party.
(e) For the purposes of this section, “heirs” mean only the following:
(1) Those persons who would be entitled to succeed to the property of the decedent according to the provisions of Part 2 (commencing with Section 6400) of Division 6 of the Probate Code, and
(2) Whether or not qualified under paragraph (1), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, and parents. As used in this paragraph, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(Amended by Stats. 1983, Ch. 842, Sec. 16. Operative January 1, 1985, by Sec. 58 of Ch. 842.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3600.

3600. Every male person, upon whom has been imposed the judgment of death, shall be delivered to the warden of the California state prison designated by the department for the execution of the death penalty. The inmate shall be kept in a California prison until execution of the judgment. The department may transfer the inmate to another prison which it determines to provide a level of security sufficient for that inmate. The inmate shall be returned to the prison designated for execution of the death penalty after an execution date has been set.
(Amended November 8, 2016, by initiative Proposition 66, Sec. 9.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3601.

3601. Every female person, upon whom has been imposed the judgment of death, shall be delivered to the warden of the Central California Women’s Facility, there to be held pending decision upon appeal.
(Amended by Stats. 1991, Ch. 1016, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3602.

3602. Upon the affirmance of her appeal, the female person sentenced to death shall thereafter be delivered to the warden of the California state prison designated by the department for the execution of the death penalty, not earlier than three days before the day upon which judgment is to be executed; provided, however, that in the event of a commutation of sentence said female prisoner shall be returned to the Central California Women’s Facility, there to be confined pursuant to such commutation.
(Amended by Stats. 2005, Ch. 279, Sec. 14. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3603.

3603. The judgment of death shall be executed within the walls of the California State Prison at San Quentin.
(Amended by Stats. 1992, Ch. 558, Sec. 1. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3604.

3604. (a) The punishment of death shall be inflicted by the administration of a lethal gas or by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death, by standards established under the direction of the Department of Corrections and Rehabilitation.
(b) Persons sentenced to death prior to or after the operative date of this subdivision shall have the opportunity to elect to have the punishment imposed by lethal gas or lethal injection. This choice shall be made in writing and shall be submitted to the warden pursuant to regulations established by the Department of Corrections and Rehabilitation. If a person under sentence of death does not choose either lethal gas or lethal injection within 10 days after the warden’s service upon the inmate of an execution warrant issued following the operative date of this subdivision, the penalty of death shall be imposed by lethal injection.
(c) Where the person sentenced to death is not executed on the date set for execution and a new execution date is subsequently set, the inmate again shall have the opportunity to elect to have punishment imposed by lethal gas or lethal injection, according to the procedures set forth in subdivision (b).
(d) Notwithstanding subdivision (b), if either manner of execution described in subdivision (a) is held invalid, the punishment of death shall be imposed by the alternative means specified in subdivision (a).
(e) The Department of Corrections and Rehabilitation, or any successor agency with the duty to execute judgments of death, shall maintain at all times the ability to execute such judgments.
(Amended November 8, 2016, by initiative Proposition 66, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3604.1.

3604.1. (a) The Administrative Procedure Act shall not apply to standards, procedures, or regulations promulgated pursuant to Section 3604. The department shall make the standards adopted under subdivision (a) of that section available to the public and to inmates sentenced to death. The department shall promptly notify the Attorney General, the State Public Defender, and counsel for any inmate for whom an execution date has been set or for whom a motion to set an execution date is pending of any adoption or amendment of the standards. Noncompliance with this subdivision is not a ground for stay of an execution or an injunction against carrying out an execution unless the noncompliance has actually prejudiced the inmate’s ability to challenge the standard, and in that event the stay shall be limited to a maximum of 10 days.
(b) Notwithstanding subdivision (a) of Section 3604, an execution by lethal injection may be carried out by means of an injection other than intravenous if the warden determines that the condition of the inmate makes intravenous injection impractical.
(c) The court which rendered the judgment of death has exclusive jurisdiction to hear any claim by the condemned inmate that the method of execution is unconstitutional or otherwise invalid. Such a claim shall be dismissed if the court finds its presentation was delayed without good cause. If the method is found invalid, the court shall order the use of a valid method of execution. If the use of a method of execution is enjoined by a federal court, the Department of Corrections and Rehabilitation shall adopt, within 90 days, a method that conforms to federal requirements as found by that court. If the department fails to perform any duty needed to enable it to execute the judgment, the court which rendered the judgment of death shall order it to perform that duty on its own motion, on motion of the District Attorney or Attorney General, or on motion of any victim of the crime as defined in subdivision (e) of Section 28 of Article I of the California Constitution.
(Added November 8, 2016, by initiative Proposition 66, Sec. 11.)