reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7404.

7404. The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal amount of eight hundred seventeen million dollars ($817,000,000), exclusive of refunding bonds, in the manner provided in this chapter. That debt or debts, liability or liabilities, shall be created for the purpose of providing the fund to be used for the object and work specified in Section 7406.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7405.

7405. The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold. The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Treasurer.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7406.

7406. (a) Except as provided in subdivision (b), the moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctional facilities.
(b) Of the moneys in the fund, forty million dollars ($40,000,000) is hereby appropriated to the Board of Corrections to fund those projects entitled to be funded under subdivision (c) of Section 3 of Chapter 444 of the Statutes of 1984, as amended, to the extent that those projects have not received full funding and for any costs associated with the sale of bonds and any administrative costs incurred by the Board of Corrections in the administration of the County Jail Capital Expenditure Bond Acts of 1981 and 1984 and the County Correctional Facility Capital Expenditure Bond Act of 1986.
(c) Notwithstanding subdivision (b) of Section 11 of Chapter 1519 of the Statutes of 1986 or any other provision of law to the contrary, and subject to the annual Budget Act appropriations by the Legislature, administrative costs shall not exceed 1
1
/
2
percent of the amount allocated for any costs incurred by the Board of Corrections in the administration of the County Jail Capital Expenditure Bond Acts of 1981 and 1984 and the County Correctional Facility Capital Expenditure Bond Act of 1986.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7407.

7407. (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal thereof and interest thereon.
(b) There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state, as shall be required to pay the principal of and interest on those bonds, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of that revenue to do and perform each and every act which shall be necessary to collect that additional sum.
(c) All money deposited in the fund which has been derived from premiums or accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
(d) All money deposited in the fund pursuant to any provision of law requiring repayments to the state which are financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund that money shall be applied as a reimbursement to the General Fund on account of the principal of and interest on the bonds which has been paid from the General Fund.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7408.

7408. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following:
(a) That sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to this chapter.
(b) That sum as is necessary to carry out the provisions of Section 7409, which sum is appropriated without regard to fiscal years.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7409.

7409. For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the committee in accordance with this chapter. Any money made available under this section to the board shall be returned by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. Those withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Account.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7409.5.

7409.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
(Added by Stats. 1991, Ch. 652, Sec. 20.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7410.

7410. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7411.

7411. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7412.

7412. All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7406 but shall not be available for transfer to the General Fund to pay the principal of and interest on bonds. The money in the fund may be expended only as herein provided.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7413.

7413. Money in the fund may only be expended pursuant to appropriations by the Legislature.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 15 - New Prison Construction Bond Act of 1988 › Section 7414.

7414. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.
(Added by Stats. 1988, Ch. 43, Sec. 2. Approved in Proposition 80 at the November 8, 1988, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7420.

7420. This chapter shall be known and may be cited as the New Prison Construction Bond Act of 1990.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7421.

7421. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and the provisions of that law are included in this chapter as though set out in full in this chapter except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of the bonds shall not exceed 20 years from the date of each respective series. The maturity of each respective series shall be calculated from the date of that series.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7422.

7422. There is in the State Treasury the 1990 Prison Construction Fund, which fund is hereby created. The proceeds of the sale of bonds authorized by this chapter shall be deposited in the fund. Upon request of the Department of Corrections and upon approval of the Director of Finance, appropriations or augmentations to appropriations made from the 1984 Prison Construction Fund established by Section 7202, the 1986 Prison Construction Fund established by Section 7302, or the 1988 Prison Construction Fund established by Section 7402, or any combination thereof, may be funded from the 1990 Prison Construction Fund. If the moneys are so funded, “fund” means the 1984 Prison Construction Fund, the 1986 Prison Construction Fund, or the 1988 Prison Construction Fund, or any combination thereof, as is appropriate. At least 30 days prior to requesting funding for appropriations or augmentations to appropriations for other bond acts as authorized by this section, the Department of Corrections shall notify the chairpersons of the fiscal committees in each house of the Legislature, and the chairperson and the vice chairperson of the Joint Legislative Budget Committee.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7423.

7423. The 1990 Prison Construction Committee is hereby created. The committee shall consist of the Controller, the Treasurer, and the Director of Finance, or their designated representatives. A majority may act for the committee. The Treasurer shall chair the committee. That committee shall be the “committee,” as that term is used in the State General Obligation Bond Law.
When funds are appropriated to the Department of Corrections, the Department of Corrections is the “board” for the purpose of the State General Obligation Bond Law and this chapter. When funds are appropriated to the Department of Youth Authority, the Department of Youth Authority is the “board” for the purpose of the State General Obligation Bond Law and this chapter.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7424.

7424. The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate principal amount of four hundred fifty million dollars ($450,000,000), exclusive of refunding bonds, in the manner provided in this chapter. That debt or debts, liability or liabilities, shall be created for the purpose of providing the fund to be used for the object and work specified in Section 7426.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7425.

7425. The committee may determine whether or not it is necessary or desirable to issue any bonds authorized under this chapter, and if so, the amount of bonds then to be issued and sold. The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Treasurer.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7426.

7426. The moneys in the fund shall be used for the acquisition, construction, renovation, remodeling, and deferred maintenance of state youth and adult correctional facilities.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7426.5.

7426.5. Moneys deposited in the fund may also be used for the refinancing of interim debt incurred for any of the purposes specified in Section 7426.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7427.

7427. (a) All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both the principal thereof and interest thereon.
(b) There shall be collected annually in the same manner and at the same time as other state revenue is collected that sum, in addition to the ordinary revenues of the state, that is required to pay the principal of and interest on those bonds, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of that revenue to do and perform each and every act which shall be necessary to collect that additional sum.
(c) All money deposited in the fund that has been derived from premiums or accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
(d) All money deposited in the fund pursuant to any provision of law requiring repayments to the state that is financed by the proceeds of the bonds authorized by this chapter shall be available for transfer to the General Fund. When transferred to the General Fund that money shall be applied as a reimbursement to the General Fund on account of the principal of and interest on the bonds which have been paid from the General Fund.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7428.

7428. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter such an amount as will equal the following:
(a) That sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to this chapter.
(b) That sum as is necessary to carry out the provisions of Section 7429, which sum is appropriated without regard to fiscal years.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7429.

7429. For the purpose of carrying out this chapter, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the committee in accordance with this chapter. Any money made available under this section to the board shall be returned by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. Those withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Account.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7430.

7430. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7431.

7431. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7432.

7432. All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 7426 but shall not be available for transfer to the General Fund to pay the principal of and interest on bonds. The money in the fund may be expended only as herein provided.
Notwithstanding any provision of this chapter or the State General Obligation Bond Law set forth in Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, if the Treasurer sells bonds pursuant to this chapter the interest on which is intended to be excluded from gross income from federal tax purposes, the Treasurer is authorized to maintain separate accounts for the investment of bond proceeds and the investment earnings on the proceeds, and the Treasurer is authorized to use or direct the use of the proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7433.

7433. Money in the fund may only be expended pursuant to appropriations by the Legislature.
(Amended by Stats. 2001, Ch. 745, Sec. 158.5. Effective October 12, 2001. Note: This section was added by Stats. 1990, Ch. 5, and approved in Prop. 120 on June 5, 1990.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 16 - New Prison Construction Bond Act of 1990 › Section 7434.

7434. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.
(Added by Stats. 1990, Ch. 5, Sec. 1. Approved in Proposition 120 at the June 5, 1990, election.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 17 - Children of Incarcerated Parents › Section 7440.

7440. The California Research Bureau in the California State Library shall conduct a study of the children of women who are incarcerated in state prisons. The California Research Bureau shall design and complete the study, surveying selected state prisoners in cooperation with the Department of Corrections, and reviewing the records of local agencies to obtain outcome information about a sample of women prisoners’ children.
(Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 17 - Children of Incarcerated Parents › Section 7441.

7441. The purpose of the survey of state prisoners is to determine how many have children and to gather basic information about the children to include the following variables, among others:
(a) Number.
(b) Age.
(c) Siblings.
(d) Location.
(e) Caregiver.
(f) Grade and performance in school.
(g) Medical issues.
(h) Possible delinquency.
(i) Visitation.
(j) Possible involvement in the child welfare system.
(k) Other pertinent information.
(Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 17 - Children of Incarcerated Parents › Section 7442.

7442. (a) The purpose of the review of local agency records, in a representative sample of California counties, is to obtain outcome information about the status of a sample of the children of incarcerated parents and their caregivers.
(b) Women prisoners who participate in the survey sample of state prisoners shall provide written permission allowing the California Research Bureau access to their children’s records in regard to school performance, identity of the caretaker responsible for the child, child protective services records, public assistance records, juvenile justice records, and medical records including drug or alcohol use, and mental health. The California Research Bureau shall follow appropriate procedures to ensure confidentiality of the records and to protect the privacy of the survey participants and their children.
(c) County agencies, including members of multidisciplinary teams, and school districts shall permit the California Research Bureau to have reasonable access to records, pursuant to subdivision (b), to the extent permitted by federal law.
(d) Notwithstanding Section 10850 of the Welfare and Institutions Code, the survey required by this section is deemed to meet the research criteria identified in paragraph (3) of subdivision (c) of Section 11845.5 of the Health and Safety Code, and subdivision (e) of Section 5328 of the Welfare and Institutions Code. For purposes of this study, the research is deemed not to be harmful for the at-risk and vulnerable population of children of women prisoners.
(e) For purposes of the study only, the California Research Bureau is authorized to survey records, reports, and documents described in Section 827 and in paragraph (3) of subdivision (h) of Section 18986.4 of the Welfare and Institutions Code, and information relative to the incidence of child abuse, as provided by Section 11167, among children in the study sample.
(f) School districts shall permit reasonable access to directory information by the California Research Bureau for purposes of this study. The California Research Bureau is deemed an appropriate organization to conduct studies for legitimate educational interests, including improving instruction, for purposes of paragraph (4) of subdivision (b) of Section 4906 of the Education Code. School variables that the California Research Bureau shall survey shall include, but not be limited to, attendance patterns, truancy rates, achievement level, suspension and expulsion rates, and special education referrals.
(Amended by Stats. 2014, Ch. 71, Sec. 131. (SB 1304) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 17 - Children of Incarcerated Parents › Section 7443.

7443. The California Research Bureau shall follow appropriate procedures to ensure confidentiality of the records and to protect the privacy of the survey participants and their children, and participating agencies. Data compiled from case files shall be coded under an assigned number and not identified by name. Survey questionnaires and coding forms shall be exempt from the public disclosure requirements prescribed by Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 345. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 17 - Children of Incarcerated Parents › Section 7444.

7444. The California Research Bureau shall convene an advisory group to assist in designing and administering the study.
(Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 17 - Children of Incarcerated Parents › Section 7445.

7445. The California Research Bureau shall submit a report to the Legislature on or before January 1, 2003, analyzing the findings of its research, upon completion of the study.
(a) Of the funds identified in provision (2) of Item 6120-011-0001 of the 2000-01 State Budget, forty thousand dollars ($40,000) shall be made available, in consultation with the Assembly Rules Committee, to be used for the purposes of this act, including, but not limited to, contracts for outside researchers.
(b) Members of the advisory group convened pursuant to Section 7444 of the Penal Code, shall not receive compensation for their services but shall be reimbursed for travel and per diem expenses incurred while assisting in designing and administering the study required by this act. These expenses may be paid from the forty thousand dollars ($40,000) made available in subdivision (a).
(Added by Stats. 2000, Ch. 965, Sec. 1. Effective January 1, 2001.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7460.

7460. For purposes of this chapter, the following definitions apply:
(a) “Annual clearance” refers to a clearance allowing a program provider to enter one institution for a full calendar year.
(b) “Institution” refers to a California state prison.
(c) “Program provider” refers to an individual affiliated with a nonprofit organization or a volunteer that originates outside the Department of Corrections and Rehabilitation and provides rehabilitative programming to incarcerated people.
(d) “Program provider identification card” refers to an identification card that allows a program provider to enter a specified institution without a sponsor.
(e) “Short-term clearance” refers to a clearance that allows a program provider to enter an institution for three or fewer days per specific event.
(f) “Sponsor” refers to correctional staff at an institution assigned to escort program providers within the institution.
(g) “Statewide program provider clearance” refers to a clearance status provided to a program provider entering more than three institutions on a routine basis consistent with their program provider status and entitles them to a program provider identification card.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7461.

7461. (a) The department shall provide forms to the institution for short-term clearances. The institution shall only use the forms provided by the department to process the short-term clearance. The forms should reflect the limited nature of this clearance and shall not be overly burdensome. An institution shall not require additional institution-specific “local” forms.
(b) The department shall not require a fingerprint-based background check for a program provider applying for a short-term clearance.
(c) The department shall not limit the number of short-term clearances a program provider can receive.
(d) The department shall notify all short-term clearance applicants of the decision to approve or disapprove the application consistent with the timeframes identified in the department’s criminal history security screening form.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7462.

7462. (a) The department shall provide a standardized clearance packet to the institution for annual clearances. The institution shall only use the clearance packet provided by the department, composed only of approved forms, which allows program providers to use the same packet for different institutions. An institution shall not require additional institution-specific “local” forms.
(b) (1) A program provider applying for an annual clearance shall complete a standardized clearance packet.
(2) A program provider applying for this clearance shall be subject to the same infectious disease testing policies as the department staff. The department shall accept forms from a hospital, military, University of California system, or local public health department in lieu of the CDCR Form 7336 or CDCR Form 7354 as documentation of testing if the forms include the date of the testing and evaluation, the results, and the licensed evaluator’s or physician’s signature.
(3) A program provider applying for this clearance shall be subject to a fingerprint-based background check. The clearance application process shall be initiated prior to any fingerprint-based background check. Completion of the background check shall occur concurrently with the department’s processing of the annual clearance application. If the program provider has already provided fingerprints to an institution or the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints.
(c) A program provider shall renew their clearance annually.
(d) A program provider with an annual clearance shall have either a program provider identification card or a sponsor.
(e) (1) The department shall not limit the number of annual clearances a program provider can receive.
(2) The department shall notify all program provider applicants for annual clearance of the decision to approve or disapprove the application within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the program provider. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7463.

7463. (a) The department shall provide a standardized packet of forms to the institution for a program provider identification card, which allows program providers to use the same packet for different institutions. An institution shall not require additional institution-specific “local” forms.
(b) (1) A program provider identification card is valid for five years, provided the program provider meets testing and annual training requirements and renews their clearance annually.
(2) A program provider with a program provider identification card shall be able to escort other authorized program providers within the institution for which the program provider identification card is valid.
(3) A program provider applying for a program provider identification card shall be subject to the same infectious disease testing policies as the department staff. The department shall accept forms from a hospital, military, University of California system, or local public health department in lieu of the CDCR Form 7336 or CDCR Form 7354 as documentation of testing if the forms include the date of the testing and evaluation, the results, and the licensed evaluator’s or physician’s signature.
(4) A program provider shall be subject to a fingerprint-based background check with their initial clearance application. If the program provider has already provided fingerprints to the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints.
(c) (1) The department shall not limit the number of program provider identification cards a program provider can receive.
(2) The department shall notify all program provider card applicants of the decision to approve or disapprove within 30 days of receipt of the application. If the department has not received the applicable information from the Department of Justice after 30 days, the department shall provide an update to the program provider. The department shall notify applicants of the decision to approve or disapprove the application within 30 days of receiving the applicable information from the Department of Justice.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7464.

7464. (a) (1) The department shall accept applications for statewide program provider clearance from qualified program providers and, if approved, shall provide a program provider identification card pursuant to Section 7463 if the program provider does not already have a valid identification card.
(2) A program provider shall renew their clearance annually.
(3)  A program provider applying for a program provider identification card shall be subject to the same infectious disease testing policies as the department staff. The department shall accept forms from a hospital, military, University of California system, or local public health department in lieu of the CDCR Form 7336 or CDCR Form 7354 as documentation of testing if the forms include the date of the testing and evaluation, the results, and the licensed evaluator’s or physician’s signature.
(4) A program provider applying for this clearance shall be subject to a fingerprint-based background check with their initial clearance application. If the program provider has already provided fingerprints to the department, a clearance application shall be submitted to the additional institution, noting where the fingerprints were previously provided. The institution shall not require the program provider to provide additional fingerprints.
(b) A program provider with statewide program provider clearance shall be able to escort other authorized program providers within each institution for which the statewide program provider clearance is valid.
(c) A program provider with statewide program provider clearance may provide programs without a sponsor.
(d) If a program provider has been providing programming for a minimum of six months at more than three institutions, when approved to provide programs at any additional institutions, they may immediately request a program provider identification card.
(e) The department shall notify all statewide program provider clearance applicants of the decision to approve or disapprove the application within 30 days of receipt of the application.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7465.

7465. (a) The department shall designate a standardized approval process for people who were formerly incarcerated and who are applying for all clearances covered by this chapter.
(b) The department shall not exclude people who were formerly incarcerated from applying based on the type of institution or local area the person is applying to, unless extraordinary circumstances exist, such as verified or credible evidence by a warden that the person who was formerly incarcerated has introduced contraband into the institution or poses a significant security concern.
(c) For applicants who were formerly incarcerated and who are currently under supervision by the Division of Adult Parole Operations and who require documentation from the division to be provided any type of clearance, the division shall provide the documentation within 14 calendar days of the receipt of the request.
(d) An institution shall write and explain in a memorandum the reasons for denying a formerly incarcerated person’s program provider application for clearance. The memorandum shall be provided to the applicant by email or mail.
(e) Denial of applications for clearance shall be grounds for an appeal. An appeal of denial of applications for clearance shall be resolved within 90 days.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7466.

7466. (a) The department shall notify all program provider applicants for clearance of their right to appeal clearance decisions and of the process for filing an appeal.
(b) The department shall notify all program provider applicants for clearance of the final disposition of their appeal within 90 days.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 18 - Rehabilitative Program Providers › Section 7467.

7467. (a) (1) The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice from a program provider applying for an annual clearance, program provider identification card, or statewide program provider clearance, as defined in Section 7460, in accordance with subdivision (u) of Section 11105 of the Penal Code.
(2) The Department of Justice shall provide a state or federal response to the department pursuant to subdivision (l) of Section 11105 of the Penal Code.
(Added by Stats. 2023, Ch. 335, Sec. 2. (AB 581) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 8 - MEDICAL TESTING OF PRISONERS › CHAPTER 1 - General Provisions › Section 7500.

7500. The Legislature finds and declares all of the following:
(a) The public peace, health, and safety is endangered by the spread of the human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis B and C within state and local correctional institutions.
(b) The spread of AIDS and hepatitis B and C within prison and jail populations presents a grave danger to inmates within those populations, law enforcement personnel, and other persons in contact with a prisoner infected with the HIV virus as well as hepatitis B and C, both during and after the prisoner’s confinement. Law enforcement personnel and prisoners are particularly vulnerable to this danger, due to the high number of assaults, violent acts, and transmissions of bodily fluids that occur within correctional institutions.
(c) HIV, as well as hepatitis B and C, have the potential of spreading more rapidly within the closed society of correctional institutions than outside these institutions. These major public health problems are compounded by the further potential of the rapid spread of communicable disease outside correctional institutions through contacts of an infected prisoner who is not treated and monitored upon his or her release, or by law enforcement employees who are unknowingly infected.
(d) New diseases of epidemic proportions such as AIDS may suddenly and tragically infect large numbers of people. This title primarily addresses a current problem of this nature, the spread of HIV, as well as hepatitis B and C, among those in correctional institutions and among the people of California.
(e) HIV, AIDS, and hepatitis B and C pose a major threat to the public health and safety of those governmental employees and others whose responsibilities bring them into direct contact with persons afflicted with those illnesses, and the protection of the health and safety of these personnel is of equal importance to the people of the State of California as the protection of the health of those afflicted with the diseases who are held in custodial situations.
(f) Testing described in this title of individuals housed within state and local correctional facilities for evidence of infection by HIV and hepatitis B and C would help to provide a level of information necessary for effective disease control within these institutions and would help to preserve the health of public employees, inmates, and persons in custody, as well as that of the public at large. This testing is not intended to be, and shall not be construed as, a prototypical method of disease control for the public at large.
(Amended by Stats. 2006, Ch. 800, Sec. 1. Effective January 1, 2007.)