reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 1 - General Provisions › Section 8051.

8051. The Legislature hereby finds and declares as follows:
(a) Community-based punishment programs require a partnership between the state and local government to provide and expand the use of intermediate sanctions for specifically targeted offender populations.
(b) Community-based programs must operate to punish offenders while at the same time providing opportunities to change behavior.
(c) Community-based punishment programs provide appropriate means of managing select offenders but should not be viewed as the only solution to prison overcrowding.
(d) Community-based punishment programs target prison-bound and jail-bound nonviolent offenders because this group poses the least risk to the public and is the most amenable to the individualized programming and services offered by community-based programs.
(e) Community-based punishment programs emphasize reducing local jail populations, thereby making jail space available for new commitments, parole violators, and probation violators who are now being sent to jail and nonviolent felons who have already been sent to prison for short periods of time.
(f) Community-based punishment programs must be financed from a consistent, reliable, and separate funding source.
(g) Community-based punishment programs should be expanded incrementally with a variety of pilot approaches tested to determine their effectiveness prior to expansion.
(h) In order to effectively utilize available resources, to ensure appropriate management of the local offender population, each county utilizing community-based punishment programs must implement a locally coordinated planning process.
(i) Since successful community-based punishment programs are dependent on the coordinated efforts of, and successful working relationships between, state and local agencies, the Board of Corrections is the logical state agency to coordinate community punishment efforts because of its extensive experience with collaborative state and local programs.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 2 - State Administration › Section 8060.

8060. This chapter shall be administered by the board. The board shall be responsible for ensuring that the policies and activities undertaken by state or local governmental units, or other organizations, in furtherance of the purposes of this chapter, are consistent with those purposes.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 2 - State Administration › Section 8061.

8061. The board, in collaboration with state, local, and community-based departments, agencies, and organizations shall do the following:
(a) Describe the parameters of effective community-based punishment programs and the relationship between the state and local jurisdictions in meeting the purposes of this chapter.
(b) Develop and implement a process by which local jurisdictions are selected and can participate in pilot efforts initiated under this chapter.
(c) Develop and implement the process by which counties participating in accordance with this chapter annually submit their community-based punishment program proposals for approval, modification, or both.
(d) Design and implement a process for annually awarding funds to counties participating pursuant to this chapter to implement their community-based punishment program proposals, and administer and monitor the receipt, expenditure, and reporting of those funds by participating counties.
(e) Provide technical assistance and support to counties and community correctional administrators in determining whether to participate in community-based punishment programs, and in either developing or annually updating their punishment programs.
(f) Facilitate the sharing of information among counties and between county and state agencies relative to community-based punishment approaches and programs being initiated or already in existence, strengths and weaknesses of specific programs, specific offender groups appropriate for different programs, results of program evaluations and other data, and anecdotal material that may assist in addressing the purposes of this chapter.
(g) Adopt and periodically revise regulations necessary to implement this chapter.
(h) Design and provide for regular and rigorous evaluation of the community-based punishment programming undertaken pursuant to approved community-based punishment plans.
(i) Design and provide for analysis and evaluation of the pilot and any subsequent implementation of this chapter, with areas of analysis to include, at a minimum, the following:
(1) The relationship between the board and counties or collaborations of counties submitting county community-based punishment plans.
(2) The effectiveness of this chapter in encouraging the use of intermediate as well as traditional sanctions.
(3) The categories of offenders most suitable for specific intermediate sanctions, various aspects of community-based punishment programming, or both.
(4) The effectiveness of the programs implemented pursuant to this chapter in maintaining public safety.
(5) The cost-effectiveness of the programs implemented pursuant to this chapter.
(6) The effect of the programs implemented pursuant to this chapter on prison, jail, and Department of the Youth Authority populations.
(Amended by Stats. 2012, Ch. 728, Sec. 130. (SB 71) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 3 - Community-Based Punishment Plan › Section 8080.

8080. Each county or collaboration of counties electing to operate a community-based punishment program under this chapter shall develop a community-based punishment plan describing the continuum of sanctions and services comprising its program. The plan shall be developed pursuant to guidelines established by the board and shall be updated annually or as determined by the board. The plan shall describe, at a minimum, the following:
(a) System design and administration, lines of authority, and responsible personnel, including, but not limited to, the chief correctional administrator and other relevant individuals.
(b) The extent and nature of citizen involvement in the development and promulgation of the community-based punishment plan, including, but not limited to, the following:
(1) Consultation with a citizens’ advisory committee formed for the purpose of providing community input into the development and promulgation of a community-based punishment plan.
(2) Consultation with selected community leaders.
(3) Input derived from citizen testimony at public hearings or town hall meetings.
(c) The number and kind of offenders to participate in community-based punishment programs.
(d) Eligibility requirements.
(e) How offenders, including those coming from the courts and those who are probation and parole violators, are to be selected to participate.
(f) Community-based punishment program components, including, for example, which punishment options, intermediate sanctions, treatment options, or combinations are to be developed and used for which offenders.
(g) Responsibilities and relationships, including, but not limited to, the elements of community-based punishment programs that are administered by the sheriff’s department, the probation department, or parole personnel, and when and how offenders are to be programmed.
(h) Criteria for transferring offenders from more restrictive to less restrictive sanctions.
(i) Criteria for disciplinary interventions, imposition of stricter sanctions, or return to prison or jail, when necessary.
(j) Anticipated costs and funding needs.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 4 - Funding › Section 8090.

8090. Implementation of this chapter pursuant to Section 8060 is contingent upon the availability of funding. Funding for community-based punishment programs shall be administered by the board from funds appropriated by the Legislature. In addition to state funds appropriated in the annual Budget Act or other legislation, programs may be funded from a variety of sources, including, but not limited to, the following:
(a) Federal funds for community-based punishment programs.
(b) Private or corporate grants, or both.
(c) Service and administrative fees that may be charged to offenders who participate in community corrections programs, provided that no offender shall be denied entrance into a community-based punishment program solely for inability to pay fees.
(d) Income derived from community development corporations established as part of community-based punishment programs of a county or collaboration of counties, including, but not limited to, revenue generated by businesses owned and operated by community-based punishment programs, or by offender work programs, or by both, after the cost of operating and administering the business or work program has been paid.
(e) Other sources as may be identified as suitable for funding community corrections.
It is the intent of the Legislature that community corrections reduce the number of offenders who would be incarcerated in the state prison in the absence of a community-based punishment approach.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 4 - Funding › Section 8091.

8091. (a) From the amount of money appropriated for purposes of this chapter to the board, the board shall allocate block grants to counties or collaborations of counties that have passed a community corrections resolution, have applied for funding, and have complied with the administrative process as prescribed by the board.
(b) Each county or collaboration of counties shall maintain a complete and accurate accounting of all funds received pursuant to this section. These funds shall be used only for community-based punishment programs as authorized by this chapter and shall be used only as permitted by the regulations and guidelines established by the board.
(c) Unexpended funds provided to counties shall be returned to the board and may be reallocated by the board.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 4 - Funding › Section 8092.

8092. The board, in collaboration with its member and constituent agencies and departments, shall seek startup funding for community-based punishment planning and programming from public and private sources commencing as soon as practicable.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 2 - Community-Based Punishment Act › ARTICLE 4 - Funding › Section 8093.

8093. The board shall monitor the expenditures and funds of participating counties and collaborations of counties to determine whether the funds are being expended in accordance with all the requirements of this chapter. If the board finds that a participating county or collaboration of counties is not acting in accordance with all of the requirements of this chapter, it shall notify the county or collaboration of counties regarding the points of noncompliance, and the county or collaboration of counties shall have 60 days to explain or justify its actions in writing to the board. If the explanation is not satisfactory or if the point of noncompliance cannot be promptly cured in the opinion of the board, the board may issue a notice of noncompliance and may suspend payment of the funds to be allocated to the county or collaboration of counties under this chapter.
(Added by Stats. 1994, 1st Ex. Sess., Ch. 41, Sec. 4. Effective November 30, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 3 - Sex Offender Management Board › Section 9000.

9000. As used in this chapter, the following definitions apply:
(a) “Board” means the Sex Offender Management Board created in this chapter.
(b) “Sex Offender” means any person who is required to register as a sex offender under Section 290 of the Penal Code.
(c) “Treatment” means a set of specialized interventions delivered by qualified mental health professionals and designed to address the multiple psychological and physiological factors found to be associated with sexual offending.
(d) “Management” means a comprehensive and collaborative team approach to regulating, controlling, monitoring, and otherwise influencing the current and, insofar as is possible, the future behavior of sex offenders who are living in the community and are directly under the authority of the criminal justice system or of another governmental agency performing similar functions. The overriding purpose of management of sex offenders is to enhance community safety by preventing future sexual victimization. Management includes supervision and specialized treatment as well as a variety of other interventions.
(e) “Supervision” means a specialized approach to the process of overseeing, insofar as authority to do so is granted to the supervising agency, all significant aspects of the lives of sex offenders who are being managed, as described in subdivision (d). This approach includes traditional methods as well as techniques and tools specifically designed to respond to the risks to community safety raised by sex offenders. Supervision is one component of management.
(Added by Stats. 2006, Ch. 338, Sec. 1. Effective September 20, 2006.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9 - PUNISHMENT OPTIONS › CHAPTER 3 - Sex Offender Management Board › Section 9002.

9002. (a) The board shall address any issues, concerns, and problems related to the community management of sex offenders. The main objective of the board, which shall be used to guide the board in prioritizing resources and use of time, is to achieve safer communities by reducing victimization.
(b) The board shall conduct public hearings, as it deems necessary, to provide opportunities for gathering information and receiving input regarding the work of the board from concerned stakeholders and the public.
(c) The members of the board shall be immune from liability for good faith conduct under this chapter.
(Amended by Stats. 2017, Ch. 541, Sec. 15. (SB 384) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9.5 - PRIVATELY OWNED AND OPERATED DETENTION FACILITIES › Section 9500.

9500. As used in this title, the following terms have the following meanings:
(a) “Detention facility” means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding.
(b) “Private detention facility” means a detention facility that is operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity.
(Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9.5 - PRIVATELY OWNED AND OPERATED DETENTION FACILITIES › Section 9501.

9501. Except as otherwise provided in this title, a person shall not operate a private detention facility within the state.
(Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9.5 - PRIVATELY OWNED AND OPERATED DETENTION FACILITIES › Section 9502.

9502. Section 9501 shall not apply to any of the following:
(a) Any facility providing rehabilitative, counseling, treatment, mental health, educational, or medical services to a juvenile that is under the jurisdiction of the juvenile court pursuant to Part 1 (commencing with Section 100) of Division 2 of the Welfare and Institutions Code.
(b) Any facility providing evaluation or treatment services to a person who has been detained, or is subject to an order of commitment by a court, pursuant to Section 1026, or pursuant to Division 5 (commencing with Section 5000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code.
(c) Any facility providing educational, vocational, medical, or other ancillary services to an inmate in the custody of, and under the direct supervision of, the Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency.
(d) A residential care facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(e) Any school facility used for the disciplinary detention of a pupil.
(f) Any facility used for the quarantine or isolation of persons for public health reasons pursuant to Division 105 (commencing with Section 120100) of the Health and Safety Code.
(g) Any facility used for the temporary detention of a person detained or arrested by a merchant, private security guard, or other private person pursuant to Section 490.5 or 837.
(Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9.5 - PRIVATELY OWNED AND OPERATED DETENTION FACILITIES › Section 9503.

9503. Section 9501 does not apply to any privately owned property or facility that is leased and operated by the Department of Corrections and Rehabilitation or a county sheriff or other law enforcement agency.
(Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 9.5 - PRIVATELY OWNED AND OPERATED DETENTION FACILITIES › Section 9505.

9505. Section 9501 does not apply to either of the following:
(a) A private detention facility that is operating pursuant to a valid contract with a governmental entity that was in effect before January 1, 2020, for the duration of that contract, not to include any extensions made to or authorized by that contract.
(b) A private detention facility contract renewed pursuant to subdivision (e) of Section 5003.1.
(Added by Stats. 2019, Ch. 739, Sec. 2. (AB 32) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10000.

10000. The provisions of Part 3 (commencing with Section 2000), insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.
(Amended by Stats. 1987, Ch. 828, Sec. 167.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10001.

10001. All persons who, at the time this act goes into effect, hold office under any of the acts repealed by this act, which offices are continued by this act, continue to hold the same according to the former tenure thereof.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10002.

10002. No action or proceeding commenced before this act takes effect, and no right accrued, is affected by the provisions of this act, but all procedure thereafter taken therein shall conform to the provisions of this act so far as possible.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10003.

10003. If any portion of Part 3 (commencing with Section 2000) is held unconstitutional, that decision shall not affect the validity of any other portion of Part 3 (commencing with Section 2000).
(Amended by Stats. 1987, Ch. 828, Sec. 168.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10004.

10004. Division, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, chapter, article or section hereof.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10005.

10005. Whenever, by the provisions of this act, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10006.

10006. (a) The Department of the Youth Authority and local juvenile halls and camps are prohibited from allowing a minor detained in any institution or facility under their respective jurisdiction to view a videotape or movie shown by the institution or facility that contains harmful matter, as specified in Chapter 7.6 (commencing with Section 313) of Title 9 of Part 1.
(b) The Department of Corrections, the Department of the Youth Authority, county juvenile halls and camps, and local adult detention facilities may promulgate regulations regarding the showing of videotapes and movies at any institution or facility under their respective jurisdiction in order to provide for the reasonable security of the institution or facility in which a minor or adult is confined and for the reasonable protection of the public consistent with Section 2600.
(Added by Stats. 1994, Ch. 323, Sec. 1. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10007.

10007. The Department of Corrections and Rehabilitation may use portable or temporary buildings to provide rehabilitation, treatment, and educational services to inmates within its custody, or to house inmates, as long as that housing does not jeopardize inmate or staff safety.
(Added by Stats. 2007, Ch. 7, Sec. 23. Effective May 3, 2007.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 10 - GENERAL PROVISIONS › Section 10008.

10008. (a) When a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1) The full name of the agency with custodial responsibility at the time of death.
(2) The county in which the death occurred.
(3) The facility in which the death occurred, and the location within that facility where the death occurred.
(4) The race, gender, and age of the decedent.
(5) The date on which the death occurred.
(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7) The manner and means of death.
(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agency’s internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agency’s internet website.
(Added by Stats. 2022, Ch. 802, Sec. 1. (AB 2761) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 1 - Administration › Section 11006.

11006. The Attorney General shall appoint such agents and other employees as he deems necessary to carry out the provisions of this chapter.
All persons employed after July 1, 1973, within the Department of Justice designated as peace officers and performing investigative duties shall be required by the department to obtain a certificate from the Commission on Peace Officer Standards and Training.
(Amended by Stats. 1973, Ch. 557.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 1 - Administration › Section 11008.

11008. The Attorney General shall from time to time arrange for and organize schools at convenient centers in the State to train peace officers in their powers and duties and in the use of approved equipment and methods for detection, identification and apprehension of criminals.
(Added by Stats. 1953, Ch. 1385.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 1 - Administration › Section 11010.

11010. (a) The Department of Justice shall adopt standards and guidelines regarding the handling of potential evidence arising out of the testing of substances that are suspected to be related to activities of terrorists, to be used by laboratories operated by or contracting with the Department of Justice, any state agency, or any local agency, and by any other laboratory in the state the department determines may test any material that may become evidence in a criminal prosecution for any crime committed in the commission of terrorist activities.
(b) The standards and guidelines adopted pursuant to this section shall include information on issues that may arise in the chain of custody and the employment of controls that are suitable for preserving evidence for use in the prosecution of a crime.
(c) In developing the standards for adoption pursuant to this section, the Department of Justice shall consult with appropriate laboratories of public agencies used by law enforcement agencies, law enforcement agencies, and the State Department of Health Services.
(d) The Department of Justice shall make the guidelines and standards adopted pursuant to this section available to the appropriate laboratories specified in subdivision (a).
(e) The provisions of this section shall be accomplished to the extent that funds are available.
(Added by Stats. 2002, Ch. 125, Sec. 1. Effective July 9, 2002.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2 - Criminal Investigation › Section 11050.

11050. In any crime of statewide importance, the Attorney General may, upon the request of any district attorney, sheriff or chief of police, assign to such officer so requesting, an investigator or investigators for the investigation or detection of crimes, and the apprehension or prosecution of criminals.
(Amended by Stats. 1972, Ch. 1377.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2 - Criminal Investigation › Section 11050.5.

11050.5. (a) The Attorney General may, upon the request of any district attorney, sheriff, chief of police, or other local, state or federal law enforcement official, make available to such official so requesting, the department’s laboratory facilities and personnel and the department’s technical experts, including but not limited to such personnel as fingerprint examiners, criminalists, document examiners and intelligence specialists for the purpose of assisting in the investigation of criminal matters, the detection of crimes and the apprehension or prosecution of criminals.
(b) The Attorney General may, upon the request of any public defender or private defense counsel appointed by the court, make available to such public defender or such private appointed counsel, the department’s laboratory facilities and personnel and the department’s technical experts, including but not limited to such personnel as fingerprint examiners, criminalists, document examiners and intelligence specialists for the purpose of assisting in the representation by such public defender or private appointed counsel of persons in criminal proceedings. The Attorney General may contract with each county whose public defender or such private appointed counsel makes requests pursuant to this subdivision for the payment of the reasonable costs of time and material in making available information, services or facilities pursuant to this subdivision. No information, services or facilities shall be made available to such public defender or private appointed counsel unless the county so contracts with the Attorney General.
(c) A copy of any information, including the results of any analysis, furnished by the Attorney General to a public defender, or private defense counsel appointed by the court, pursuant to subdivision (b) shall be sent to the district attorney of the county in which the public defender is located. If this subdivision or its application to any person or circumstance is invalid, subdivision (b) shall not be operative.
(d) The Department of Justice may charge a fee for the laboratory services it performs.
(Amended by Stats. 1978, Ch. 1135.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2 - Criminal Investigation › Section 11051.

11051. The Department of Justice shall perform duties in the investigation, detection, apprehension, prosecution or suppression of crimes as may be assigned by the Attorney General in the performance of his or her duties under Article V, Section 13 of the Constitution.
(Amended by Stats. 2002, Ch. 787, Sec. 27. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2 - Criminal Investigation › Section 11052.

11052. For the purpose of carrying out the provisions of this chapter, the investigators shall have all the powers conferred by law upon any peace officer of this State.
(Added by Stats. 1953, Ch. 1385.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2 - Criminal Investigation › Section 11053.

11053. After the effective date of this chapter, and thereafter until the Governor finds and proclaims that an emergency no longer exists in preparing for the national defense, or whenever the United States is engaged in war, or whenever a war emergency has been declared to exist by the President of the United States, the Attorney General may appoint for the duration of the war or emergency, as the case may be, such additional special criminal investigators not to exceed nine in number as he deems necessary to carry out the provisions of this chapter. There shall not be more than 15 such investigators employed at any one time. The employment of such investigators shall terminate not later than 90 days after the conclusion of peace or the official termination of the emergency by the President or the Governor.
(Added by Stats. 1953, Ch. 1385.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2 - Criminal Investigation › Section 11054.

11054. No investigation of the acts or conduct of any state agency or state official shall be initiated or made through or by the bureau or any employee thereof, without the authorization of the Attorney General particularly specifying the office, department or person to be investigated and the scope and purposes of the investigation.
(Added by Stats. 1953, Ch. 1385.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2 - Criminal Investigation › Section 11055.

11055. (a) There is within the Department of Justice the Foreign Prosecution and Law Enforcement Unit designated with the responsibility for assisting local law enforcement agencies with foreign prosecutions, child abduction recoveries and returns under the Hague Convention on the Civil Aspects of International Child Abduction, and law enforcement investigative matters. The unit is also responsible for assisting local law enforcement in obtaining information from foreign officials on foreign prosecution matters.
(b) The Foreign Prosecution and Law Enforcement Unit shall do all of the following:
(1) For those countries having extraterritorial jurisdiction allowing for the prosecution of their citizens for crimes committed in California, the unit shall, upon request, provide informational assistance to local law enforcement on foreign prosecution protocols and provide technical assistance in preparing investigative materials for forwarding and filing in international jurisdictions. The unit shall provide information and assistance on the scope and uses of foreign prosecution to California prosecutors and law enforcement agencies. The unit shall be responsible for tracking foreign prosecution cases presented by California law enforcement agencies. The unit shall collect information on a statewide basis regarding foreign prosecution cases for the primary purpose of analyzing the information it collects and disseminating its conclusions to local law enforcement agencies. Local law enforcement agencies shall retain the authority to prepare and present foreign prosecution cases without the assistance of the unit.
(2) The unit shall assist district attorneys in recovering children from Mexico, and, where appropriate, other countries either in court-ordered returns pursuant to the Hague Convention or voluntary returns.
(3) The unit shall, upon request, assist local law enforcement agencies and foreign law enforcement in formal requests under the Mutual Legal Assistance Treaty. The unit shall, upon request, also assist California law enforcement agencies and foreign officials in informal requests for mutual legal assistance.
(4) The unit, under the direction of the Attorney General, shall provide information to local law enforcement on sensitive diplomatic issues.
(Amended by Stats. 2005, Ch. 22, Sec. 151. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.3 - California Criminalistics Institute › Section 11060.

11060. There is hereby established in the Bureau of Forensic Services of the Department of Justice the California Criminalistics Institute.
The purposes of the institute shall include, but need not be limited to, the facilitation of a comprehensive and coordinated approach to meet the high technology forensic science needs of crime laboratories operated by the department and local law enforcement agencies, the provision of a statewide upgrading of advanced laboratory services incorporating new and developing technologies, the provision of training and methodology development for all law enforcement agencies, and the handling of advanced casework laboratory referral services.
The California Criminalistics Institute is intended for use by state and local forensic scientists and law enforcement personnel.
(Amended by Stats. 1993, Ch. 56, Sec. 28. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.3 - California Criminalistics Institute › Section 11061.

11061. To meet the increasing statewide need for criminalists properly trained in DNA analysis, the Department of Justice, the California State University, and, upon agreement by the regents, the University of California, shall work together to enhance collaborative opportunities for DNA training of university students, graduates, and existing employees of crime laboratories.
(Added by Stats. 2001, Ch. 477, Sec. 2. Effective January 1, 2002.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.3 - California Criminalistics Institute › Section 11061.5.

11061.5. (a) The Department of Justice, through its California Criminalistics Institute, shall develop and coordinate an internship program in forensic DNA analysis for graduate-level students.
(1) Candidates for the program must possess at least a baccalaureate degree.
(2) The program shall be associated with graduate academic programs at accredited postsecondary institutions including the University of California and the California State University.
(3) The program shall include a one-year internship at a public forensic DNA laboratory for which the interns shall receive a stipend or fellowship funded by the Department of Justice.
(4) The program shall be designed to prepare students to meet national standards for DNA analysis, such as those established by the DNA Advisory Board (DAB) and the Scientific Working Group on DNA Analysis Methods (SWGDAM).
(5) In order to complete the program, interns shall be required to successfully complete a national certification examination like that administered in forensic molecular biology by the American Board of Criminalistics.
(b) Funding for the provisions of this measure shall be subject to both of the following conditions:
(1) The Department of Justice shall establish a working partnership and affiliation with accredited postsecondary institutions that can provide graduate-level academic programing.
(2) The Department of Justice shall submit a budgetary request for the internship program to the Director of the Department of Finance by May 15, 2002.
(c) The provisions of this act may only be implemented to the extent funds are appropriated for their purposes in the annual Budget Act.
(Added by Stats. 2001, Ch. 477, Sec. 3. Effective January 1, 2002.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.5 - Criminal Record Dissemination › Section 11075.

11075. (a) As used in this article, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release.
(b) Such information shall be restricted to that which is recorded as the result of an arrest, detention, or other initiation of criminal proceedings or of any consequent proceedings related thereto.
(Added by Stats. 1972, Ch. 1437.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.5 - Criminal Record Dissemination › Section 11076.

11076. Criminal offender record information shall be disseminated, whether directly or through any intermediary, only to such agencies as are, or may subsequently be, authorized access to such records by statute.
(Added by Stats. 1972, Ch. 1437.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.5 - Criminal Record Dissemination › Section 11077.

11077. The Attorney General is responsible for the security of criminal offender record information. To this end, he or she shall:
(a) Establish regulations to assure the security of criminal offender record information from unauthorized access and disclosures by individuals and public and private agencies at all levels of operation in this state.
(b) Establish regulations to assure that this information is disseminated only in situations in which it is demonstrably required for the performance of an agency’s or official’s functions.
(c) Coordinate these activities with those of any interstate systems for the exchange of criminal offender record information.
(d) Cause to be initiated for employees of all agencies that maintain, receive, or are eligible to maintain or receive, criminal offender record information a continuing educational program in the proper use and control of criminal offender record information.
(e) Establish regulations as he or she finds appropriate to carry out his or her functions under this article.
(Amended by Stats. 2003, Ch. 470, Sec. 1. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.5 - Criminal Record Dissemination › Section 11077.1.

11077.1. (a) Commencing July 1, 2005, and except as provided by subdivision (b), the Department of Justice shall accept fingerprint images and related information to process criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes, only if those images and related information are electronically transmitted. The department shall continually monitor the statewide availability of electronic transmission sights and work with public and private entities to ensure reasonable availability is maintained.
(b) The department shall, based on the regional unavailability of electronic transmission sites or when departmental processing procedures show a need, accept hard fingerprint cards in order to process criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes.
(Added by Stats. 2003, Ch. 470, Sec. 2. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.5 - Criminal Record Dissemination › Section 11077.2.

11077.2. (a) The Attorney General shall establish a communication network that allows the transmission of requests from private service providers in California to the Department of Justice for criminal offender record information for purposes of employment, licensing, certification, custodial child placement or adoption. The communication network shall allow any entity that is approved by the department to connect directly to the department.
(b) Users of the communication network shall undergo initial and remedial training as determined by the department. Failure or refusal to comply with the training requirement shall terminate the connection to the communication network until the training is completed. The scope of the training and the entities’ level of participation shall be determined by the department.
(c) Users of the communication network shall comply with any policy, practice, procedure, or requirement deemed necessary by the department to maintain network security and stability. Failure or refusal to comply shall terminate the connection to the communication network until the department determines that there is satisfactory compliance.
(d) Users of the communication network shall only use hardware and software in relation to or for connection to the communication network that is currently approved and certified by the department, the National Institute of Standards and Technology, and the Federal Bureau of Investigation.
(e) Users of the communication network shall be independently responsible for securing all hardware, software, and telecommunication service or linkage necessary to accomplish connection to the communication network, once they are authorized by the department.
(f) The communication network shall be implemented by July 1, 2004.
(g) Nothing in this section is intended to authorize any entity to access or receive criminal offender record information from the Department of Justice.
(Added by Stats. 2003, Ch. 470, Sec. 3. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 1 - Investigation, Identification, and Information Responsibilities of the Department of Justice › ARTICLE 2.5 - Criminal Record Dissemination › Section 11078.

11078. Each agency holding or receiving criminal offender record information in a computerized system shall maintain, for such period as is found by the Attorney General to be appropriate, a listing of the agencies to which it has released or communicated such information.
(Added by Stats. 1972, Ch. 1437.)