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 3 - The Board of Parole Hearings › Section 5075.6.

5075.6. (a) Commissioners and deputy commissioners hearing matters concerning adults under the jurisdiction of the Department of Corrections and Rehabilitation shall have a broad background in criminal justice and an ability for appraisal of adult offenders, the crimes for which those persons are committed, and the evaluation of an individual’s progress toward reformation. Insofar as practicable, commissioners and deputy commissioners shall have a varied interest in adult correction work, public safety, and shall have experience or education in the fields of corrections, sociology, law, law enforcement, medicine, mental health, or education. In addition, insofar as practicable, commissioners and deputy commissioners may have professional or lived experience or educational background that may enhance the expertise of the parole board, including, but not limited to, the areas of social work, substance use disorder treatment, foster care, rehabilitation, community reentry, or the effects of trauma and poverty.
(b) All commissioners and deputy commissioners who conduct hearings for the purpose of considering the parole suitability of inmates, the setting of a parole release date for inmates, or the revocation of parole for adult parolees, shall, within 60 days of appointment and annually thereafter undergo a minimum of 40 hours of training in the following areas:
(1) Treatment and training programs provided to inmates at Department of Corrections and Rehabilitation institutions, including, but not limited to, educational, vocational, mental health, medical, substance abuse, psychotherapeutic counseling, and sex offender treatment programs.
(2) Parole services.
(3) Commissioner duties and responsibilities.
(4) Knowledge of laws and regulations applicable to conducting parole hearings, including the rights of victims, witnesses, and inmates.
(Amended by Stats. 2021, Ch. 80, Sec. 16. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5076.

5076. Each commissioner of the board shall devote his entire time to the duties of his office and shall receive an annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1986, Ch. 1446, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5076.1.

5076.1. (a) The board shall meet at each of the state prisons and facilities under the jurisdiction of the Division of Adult Institutions. Meetings shall be held at whatever times may be necessary for a full and complete study of the cases of all inmates whose matters are considered. Other times and places of meeting may also be designated by the board. Each commissioner of the board shall receive their actual necessary traveling expenses incurred in the performance of their official duties. Where the board performs its functions by meeting en banc in either public or executive sessions to decide matters of general policy, a majority of commissioners holding office on the date the matter is heard shall be present, and no action shall be valid unless it is concurred in by a majority vote of those present.
(b) The board may use deputy commissioners to whom it may assign appropriate duties, including hearing cases and making decisions. Those decisions shall be made in accordance with policies approved by a majority of commissioners holding office.
(c) The board may meet and transact business in panels. Each panel shall consist of two or more persons, subject to subdivision (d) of Section 3041. No action shall be valid unless concurred in by a majority vote of the persons present. In the event of a tie vote, the matter shall be referred for en banc review by the board. The commissioners conducting the review shall consider the full record that was before the panel that resulted in the tie vote. The review shall be limited to the full record that was before the panel that resulted in the tie vote. New evidence or comment shall not be considered in the en banc proceeding. A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review.
(d) Consideration of parole release for persons sentenced to life imprisonment pursuant to subdivision (b) of Section 1168 shall be heard by a panel of two or more commissioners or deputy commissioners, of which only one may be a deputy commissioner. A recommendation for recall of a sentence under Section 1172.1 shall be made by a panel of two or more commissioners or deputy commissioners, of which only one may be a deputy commissioner.
(Amended by Stats. 2022, Ch. 58, Sec. 28. (AB 200) Effective June 30, 2022.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5076.2.

5076.2. (a) Any rules and regulations, including any resolutions and policy statements, promulgated by the Board of Parole Hearings, shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public.
(b) The Board of Parole Hearings shall maintain, publish and make available to the general public, a compendium of its rules and regulations, including any resolutions and policy statements, promulgated pursuant to this section.
(c) The exception specified in this subdivision to the procedures specified in this section shall apply to the Board of Parole Hearings. The executive officer may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State. However, no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them.
(Amended by Stats. 2021, Ch. 80, Sec. 18. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5076.3.

5076.3. The executive officer of the Board of Parole Hearings shall have the authority of a head of a department set forth in subdivision (e) of Section 11181 of the Government Code to issue subpoenas as provided in Article 2 (commencing with Section 11180) of Chapter 2 of Division 3 of Title 2 of the Government Code. The board shall adopt regulations on the policies and guidelines for the issuance of subpoenas.
(Amended by Stats. 2021, Ch. 80, Sec. 19. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5077.

5077. The Board of Prison Terms shall review the prisoners’ requests for reconsideration of denial of good-time credit, and setting of parole length or conditions, and shall have the authority to modify the previously made decisions of the Department of Corrections as to these matters. The revocation of parole shall be determined by the Board of Prison Terms.
(Amended by Stats. 1996, Ch. 357, Sec. 2. Effective August 19, 1996.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5078.

5078. (a) The Board of Prison Terms shall succeed to and shall exercise and perform all powers and duties granted to, exercised by, and imposed upon the Adult Authority, the California Women’s Board of Terms and Paroles, and the Community Release Board.
(b) The Adult Authority and California Women’s Board of Terms and Paroles are abolished.
(Amended by Stats. 1979, Ch. 255.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5079.

5079. The Director of Corrections shall provide facilities and licensed professional personnel for a psychiatric and diagnostic clinic and such branches thereof as may be required at one or more of the state prisons or institutions under the jurisdiction of the Department of Corrections. The director shall have full administrative authority and responsibility for operation of the clinics. All required mental health treatment or diagnostic services shall be provided under the supervision of a psychiatrist licensed to practice in this state, or a psychologist licensed to practice in this state and who holds a doctoral degree and has at least two years of experience in the diagnosis and treatment of emotional and mental disorders. All such clinics shall be under the direction of such a psychiatrist or psychologist. A psychiatrist shall be available to assume responsibility for all acts of diagnosis or treatment which may only be performed by a licensed physician and surgeon.
The work of the clinic shall include a scientific study of each prisoner, his or her career and life history, the cause of his or her criminal acts and recommendations for his or her care, training, and employment with a view to his or her reformation and to the protection of society. The recommendation shall be submitted to the Director of Corrections and shall not be effective until approved by the director. The Director of Corrections may modify or reject the recommendations as he or she sees fit.
(Amended by Stats. 1984, Ch. 1123, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5080.

5080. The Director of Corrections may transfer persons confined in one state prison institution or facility of the Department of Corrections to another. The Board of Prison Terms may request the Director of Corrections to transfer an inmate who is under its parole-granting jurisdiction if, after review of the case history in the course of routine procedures, such transfer is deemed advisable for the further diagnosis, and treatment of the inmate. The director shall as soon as practicable comply with such request, provided that, if facilities are not available he shall report that fact to the Board of Prison Terms and shall make the transfer as soon as facilities become available; provided further, that if in the opinion of the Director of Corrections such transfer would endanger security he may report that fact to the Board of Prison Terms and refuse to make such transfer.
When transferring an inmate from one state prison, institution, or facility of the Department of Corrections to another, the director may, as necessary or convenient, authorize transportation via a route that lies partly outside this state.
(Amended by Stats. 1979, Ch. 255.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3 - The Board of Parole Hearings › Section 5081.

5081. The Governor may remove any member of the Board of Prison Terms for misconduct, incompetency or neglect of duty after a full hearing by the Board of Corrections.
(Amended by Stats. 1979, Ch. 255.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3.5 - The Robert Presley Center of Crime and Justice Studies › Section 5085.

5085. The Robert Presley Institute of Corrections Research and Training, which provides and aggregates research on youth and adult corrections education and training, is hereby renamed the Robert Presley Center of Crime and Justice Studies and shall be transferred to the University of California. It is the intent of the Legislature that the center be maintained on the Riverside campus of the University of California.
(Repealed and added by Stats. 1993, Ch. 778, Sec. 2. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3.5 - The Robert Presley Center of Crime and Justice Studies › Section 5086.

5086. It is the intent of the Legislature that the university seek funding from federal, state, and private sources for research projects carried out by the center under the university’s direction. The center shall have the following research goals:
(a) To better protect the public from crime by determining the causes of, and means of preventing, violence, crime, and criminal deviance.
(b) To identify the methods and practices necessary for the most beneficial operation of law enforcement and local and state youth and adult correctional institutions.
(c) To reduce violence and recidivism rates in prisons, jails, and youth facilities.
(Repealed and added by Stats. 1993, Ch. 778, Sec. 2. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3.5 - The Robert Presley Center of Crime and Justice Studies › Section 5087.

5087. The chancellor of the Riverside campus may appoint an advisory committee to assist in establishing research priorities. The university shall consult with the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, local law enforcement, probation, parole, and correctional agencies, and persons of experience or education in other higher education institutions in the field of corrections or related fields on the activities of the center. These projects shall be related to the center’s goals as specified in Section 5086 and may also include, but not be limited to, applied and theoretical research in the following areas:
(a) Methods of ensuring secure, cost-effective, safe, and gang-free incarceration in California’s correctional institutions, including approaches to ameliorate overcrowding in those institutions.
(b) New approaches to reduce inmate and ward recidivism and consequent victimization of California citizens.
(c) Correctional facility management, planning, design, and construction.
(d) New approaches to rehabilitate inmates and wards during and after incarceration and to integrate offenders into society after incarceration.
(e) New approaches to inmate and ward diagnosis, classification, and treatment.
(f) At-promise youth and street gang activity.
(g) Law enforcement.
(Amended by Stats. 2019, Ch. 800, Sec. 16. (AB 413) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 3.5 - The Robert Presley Center of Crime and Justice Studies › Section 5088.

5088. The university shall negotiate and approve terms, services, and costs of contracts and research projects for purposes of this chapter.
(Repealed and added by Stats. 1993, Ch. 778, Sec. 2. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 4 - Division of Juvenile Facilities › Section 6001.

6001. Commencing July 1, 2005, the establishment, organization, jurisdiction, powers, duties, responsibilities, and functions of the Youth Authority as provided in the Youth Authority Act (Chapter 1 (commencing with Section 1700) of Division 2.5 of the Welfare and Institutions Code), as it existed on June 30, 2005, are continued in the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(Amended by Stats. 2005, Ch. 10, Sec. 52. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 4 - Division of Juvenile Facilities › Section 6005.

6005. (a) Whenever a person confined to a correctional institution under the supervision of the Department of Corrections and Rehabilitation is charged with a public offense committed within the confines of that institution and is tried for that public offense, a city, county, or superior court shall be entitled to reimbursement for reasonable and necessary costs connected with that matter.
(b) The appropriate financial officer or other designated official of a county or the city finance officer of a city incurring any costs in connection with that matter shall make out a statement of all the costs incurred by the county or city for the investigation, the preparation for the trial, participation in the actual trial of the case, all guarding and keeping of the person, and the execution of the sentence of the person, properly certified to by a judge of the superior court of the county. The statement may not include any costs that are incurred by the superior court pursuant to subdivision (c). The statement shall be sent to the department for its approval. After the approval the department must cause the amount of the costs to be paid out of the money appropriated for the support of the department to the county treasurer of the county or the city finance officer of the city incurring those costs.
(c) The superior court shall prepare a statement of all costs incurred by the court for the preparation of the trial and the actual trial of the case. The statement may not include any costs that are incurred by the city or county pursuant to subdivision (a). The statement shall be sent to the Administrative Office of the Courts for approval and reimbursement.
(d) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred.
(Amended by Stats. 2007, Ch. 175, Sec. 12. Effective August 24, 2007.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 4.5 - Examination of Staff for Tuberculosis › Section 6006.

6006. The Department of Corrections, Department of the Youth Authority, Board of Prison Terms, and Youthful Offender Parole Board, in conjunction with the State Department of Health Services, shall meet and confer with recognized employee organizations representing employees pursuant to the Ralph C. Dills Act, Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code, to develop rules regarding the mandatory examination or testing for tuberculosis of the staff of the Department of Corrections, Department of the Youth Authority, Board of Prison Terms, and Youthful Offender Parole Board. These rules shall include mandated annual examination for tuberculosis of all employees with inmate contact and as a part of preemployment requirements. Except as provided in Section 6007, the confidentiality of the test results shall be maintained. However, statistical summaries which do not identify specific individuals may be prepared.
(Added by Stats. 1992, Ch. 1263, Sec. 2. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 4.5 - Examination of Staff for Tuberculosis › Section 6006.5.

6006.5. For purposes of this chapter, the following definitions shall apply:
(a) “Department” means the Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, or the Youthful Offender Parole Board.
(b) “Examination or test” means methods, processes, or other means, including a chest X-ray, conducted in accordance with the recommendations of the Centers for Disease Control and Prevention and as specified in the department’s guidelines for tuberculosis control, to determine if a person has, has had, or has been exposed to tuberculosis.
(c) “Medical evaluation” means taking a history or gathering other information and may include, but is not limited to, listening to the chest or other examinations or tests, as specified in the department’s guidelines for tuberculosis control, used to diagnose and assess the health conditions of the person.
(d) “Followup care” means the continued medical evaluations, monitoring, or care of a person after his or her initial visit, examination, or test, including, but not limited to, preventive therapy.
(e) “Certificate” means the official document developed and issued by the department that indicates the absence of tuberculosis in an infectious stage and that is signed by a physician and surgeon who is licensed by the Medical Board of California or the Osteopathic Medical Board of California under Division 2 (commencing with Section 500) of the Business and Professions Code or his or her designee. The certificate shall indicate that the examination, test, or evaluation was performed in accordance with the recommendations of the Centers for Disease Control and Prevention and as specified in the department’s guidelines for tuberculosis control.
(f) “Negative skin test” shall have the same meaning as it is defined by the Centers for Disease Control and Prevention and the department’s guidelines for tuberculosis control as the definition reads at the time of the examination.
(g) “Positive skin test” shall have the same meaning as it is defined by the Centers for Disease Control and Prevention and the department’s guidelines for tuberculosis control as the definition reads at the time of the examination.
(h) “Institution” means any state prison, camp, center, office, or other facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority.
(i) “Infectious or contagious stage” means the period when a disease is capable of being transmitted from one person to another with or without contact.
(j) “Tuberculosis converter” shall have the same meaning as it is defined by the Centers for Disease Control and Prevention.
(Added by Stats. 1993, Ch. 932, Sec. 6. Effective October 8, 1993.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 4.5 - Examination of Staff for Tuberculosis › Section 6008.

6008. The Department of Corrections, the Department of the Youth Authority, the Board of Prison Terms, and the Youthful Offender Parole Board shall report to the State Department of Health Services the results of the tuberculosis examinations required by Section 6006.
(Amended by Stats. 2001, Ch. 854, Sec. 54. Effective January 1, 2002.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 4.5 - Examination of Staff for Tuberculosis › Section 6009.

6009. In enacting this chapter, the Legislature hereby finds and declares that tuberculosis is a serious contagious disease. It is vital to the health and safety of inmates, employees, and the public at large, to conduct appropriate examinations and testing and to ensure that staff who test positive for tuberculosis obtain appropriate treatment in order to control the spread of tuberculosis in California’s institutions.
(Added by Stats. 1993, Ch. 932, Sec. 8. Effective October 8, 1993.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6025.1.

6025.1. (a) Members of the board, with the exception of the Chair of the Board of State and Community Corrections, shall receive no compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. For purposes of compensation, attendance at meetings of the board shall be deemed performance by a member of the duties of his or her state or local governmental employment.
(b) For the purposes of Section 1090 of the Government Code, members of a committee created by the board pursuant to Section 6046.3 or a committee created with the primary purpose of administering grant funding from the Edward Byrne Memorial Justice Assistance Grant Program (42 U.S.C. Sec. 3751(a)), including a member of the board in his or her capacity as a member of a committee created by the board, have no financial interest in any contract made by the board, including a grant or bond financing transaction, based upon the receipt of compensation for holding public office or public employment.
(c) The Chair of the Board of State and Community Corrections shall serve full time. The Department of Human Resources shall fix the compensation of the Chair of the Board of State and Community Corrections.
(d) The amendments to this section by the act that added this subdivision are effective for grant awards made by the board on or after July 1, 2016.
(Amended by Stats. 2016, Ch. 33, Sec. 28. (SB 843) Effective June 27, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6025.5.

6025.5. The Director of Corrections, Board of Prison Terms, the Youthful Offender Parole Board, and the Director of the Youth Authority shall file with the Board of Corrections for information of the board or for review and advice to the respective agency as the board may determine, all rules, regulations and manuals relating to or in implementation of policies, procedures, or enabling laws.
(Amended by Stats. 1979, Ch. 860.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6025.6.

6025.6. The Board of Corrections may delegate any ministerial authority or duty conferred or imposed upon the board to a subordinate officer subject to those conditions as it may choose to impose.
(Added by Stats. 1991, Ch. 1017, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6026.

6026. The Corrections Standards Authority shall be the means whereby the Department of Corrections and Rehabilitation may correlate its individual programs for adults and youths under its jurisdiction.
(Amended by Stats. 2005, Ch. 10, Sec. 58. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6028.

6028. Upon request of the Board of Corrections or upon his own initiative, the Governor from time to time may create by executive order one or more special commissions to assist the Board of Corrections in the study of crime pursuant to Section 6027. Each such special commission shall consist of not less than three nor more than five members, who shall be appointed by the Governor. The members of any such special commission shall serve without compensation, except that they shall receive their actual and necessary expenses incurred in the discharge of their duties.
The executive order creating each special commission shall specify the subjects and scope of the study to be made by the commission, and shall fix a time within which the commission shall make its final report. Each commission shall cease to exist when it makes its final report.
(Repealed and added by Stats. 1947, Ch. 1181.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6028.1.

6028.1. Each such special commission may investigate any and all matters relating to the subjects specified in the order creating it. In the exercise of its powers the commission shall be subject to the following conditions and limitations:
(a) A witness at any hearing shall have the right to have present at such hearing counsel of his own choice, for the purpose of advising him concerning his constitutional rights.
(b) No hearing shall be televised or broadcast by radio, nor shall any mechanical, photographic or electronic record of the proceedings at any hearing be televised or broadcast by radio.
(Amended by Stats. 1951, Ch. 902.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6028.2.

6028.2. The Secretary of the Youth and Adult Correctional Agency may furnish for the use of any such commission such facilities, supplies, and personnel as may be available therefor.
(Amended by Stats. 1982, Ch. 1437, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6028.3.

6028.3. All such special commissions shall make all their reports and recommendations to the Board of Corrections. The Board of Corrections shall consider such reports and recommendations, and shall transmit them to the Governor and the Legislature, together with its own comments and recommendations on the subject matter thereof, within the first 30 days of the next succeeding general or budget session of the Legislature. The Board of Corrections shall also file copies of such reports with the Attorney General, the State Library and such other state departments as may appear to have an official interest in the subject matter of the report or reports in question.
(Added by Stats. 1947, Ch. 1181.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6028.4.

6028.4. The Governor shall report to each regular session of the Legislature the names of any persons appointed under Section 6028 together with a statement of expenses incurred.
(Added by Stats. 1947, Ch. 1181.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6029.

6029. (a) The plans and specifications of every jail, prison, or other place of detention of persons charged with or convicted of crime or of persons detained pursuant to the Juvenile Court Law (Chapter 2 (commencing with Section 200) of Division 2 of the Welfare and Institutions Code) or the Youth Authority Act (Chapter 1 (commencing with Section 1700) of Division 2.5 of the Welfare and Institutions Code), if those plans and specifications involve construction, reconstruction, remodeling, or repairs of an aggregate cost in excess of fifteen thousand dollars ($15,000), shall be submitted to the board for its recommendations. Upon request of any city, city and county, or county, the board shall consider the entire program or group of detention facilities currently planned or under consideration by the city, city and county, or county, and make a study of the entire needs of the city, city and county, or county therefor, and make recommendations thereon. No state department or agency other than the board shall have authority to make recommendations in respect to plans and specifications for the construction of county jails or other county detention facilities or for alterations thereto, except such recommendations as the board may request from any such state department or agency.
(b) As used in this section, “place of detention” includes, but is not limited to, a correctional treatment center, as defined in subdivision (k) of Section 1250 of the Health and Safety Code, which is operated by a city, city and county, or county.
(Amended by Stats. 1989, Ch. 1327, Sec. 7. Effective October 2, 1989.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6029.5.

6029.5. The Board of Corrections is authorized to expend money from the County Jail Capital Expenditure Fund, created pursuant to Sections 4412 and 6029.1, on joint use correctional facilities housing county and state or federal prisoners or any combination thereof in proportion to the county benefit.
(Added by Stats. 1983, Ch. 1101, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6030.

6030. (a) The Board of State and Community Corrections shall establish minimum standards for local correctional facilities. The board shall review those standards biennially and make any appropriate revisions.
(b) The standards shall include, but not be limited to, the following areas: health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in local correctional facilities, and personnel training.
(c) The standards shall require that at least one person on duty at the facility is knowledgeable in the area of fire and life safety procedures.
(d) The standards shall also include requirements relating to the acquisition, storage, labeling, packaging, and dispensing of drugs.
(e) The standards shall require that inmates who are received by the facility while they are pregnant be notified, orally or in writing, of and provided all of the following:
(1) A balanced, nutritious diet approved by a doctor.
(2) Prenatal and post partum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor.
(3) Information pertaining to childbirth education and infant care.
(4) A dental cleaning while in a state facility.
(f) The standards shall provide that a woman known to be pregnant or in recovery after delivery shall not be restrained, except as provided in Section 3407. The board shall develop standards regarding the restraint of pregnant women at the next biennial review of the standards after the enactment of the act amending this subdivision and shall review the individual facility’s compliance with the standards.
(g) In establishing minimum standards, the board shall seek the advice of the following:
(1) For health and sanitary conditions:
The State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons.
(2) For fire and life safety:
The State Fire Marshal, local fire officials, and other interested persons.
(3) For security, rehabilitation programs, recreation, and treatment of persons confined in correctional facilities:
The Department of Corrections and Rehabilitation, state and local juvenile justice commissions, state and local correctional officials, experts in criminology and penology, and other interested persons.
(4) For personnel training:
The Commission on Peace Officer Standards and Training, psychiatrists, experts in criminology and penology, the Department of Corrections and Rehabilitation, state and local correctional officials, and other interested persons.
(5) For female inmates and pregnant inmates in local adult and juvenile facilities:
The California State Sheriffs’ Association and Chief Probation Officers’ Association of California, and other interested persons.
(Amended by Stats. 2013, Ch. 76, Sec. 163. (AB 383) Effective January 1, 2014.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6031.

6031. (a) The Board of State and Community Corrections shall, at a minimum, inspect each local detention facility in the state biennially.
(b) Any duly authorized officer, employee, or agent of the board may, upon presentation of proper identification, enter and inspect any area of a local detention facility, without notice, to conduct an inspection required by this section.
(Amended by Stats. 2021, Ch. 80, Sec. 20. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6031.1.

6031.1. (a) Inspections of local detention facilities shall, at a minimum, be made biennially. Inspections of privately operated work furlough facilities and programs shall be made biennially unless the work furlough administrator requests an earlier inspection. Inspections shall include, but not be limited to, the following:
(1) Health and safety inspections conducted pursuant to Section 101045 of the Health and Safety Code.
(2) Fire suppression preplanning inspections by the local fire department.
(3) Security, rehabilitation programs, recreation, treatment of persons confined in the facilities, and personnel training by the staff of the Board of State and Community Corrections.
(4) The types and availability of visitation, including, but not limited to, the mode of visitation, visitation hours, time inmates are allowed for visitation, and any restrictions on inmate visitation.
(5) Whether the county in which the facility is located received state funding for jail construction pursuant to Chapter 7 of the Statutes of 2007, Chapter 42 of the Statutes of 2012, Chapter 37 of the Statutes of 2014, or Chapter 34 of the Statutes of 2016. For counties that received funding, whether the county and facility are in compliance with the applicable requirements and restrictions of that funding.
(b) Reports of each facility’s inspection shall be furnished to the official in charge of the local detention facility or, in the case of a privately operated facility, the work furlough administrator, the local governing body, the grand jury, and the presiding judge of the superior court in the county where the facility is located. These reports shall set forth the areas wherein the facility has complied and has failed to comply with the minimum standards established pursuant to Section 6030.
(c) All reports completed pursuant to this section shall be posted on the Board of State and Community Corrections’ Internet Web site in a manner in which they are accessible to the public.
(Amended by Stats. 2017, Ch. 17, Sec. 43. (AB 103) Effective June 27, 2017.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6031.2.

6031.2. The Board of Corrections shall file with the Legislature on December 30, in each even-numbered year, reports to the Legislature which shall include information on all of the following:
(a) Inspection of those local detention facilities that have not complied with the minimum standards established pursuant to Section 6030. The reports shall specify those areas in which the facility has failed to comply and the estimated cost to the facility necessary to accomplish compliance with the minimum standards.
(b) Information regarding the progress and effectiveness of the standards and training program contained in Sections 6035 to 6037, inclusive.
(c) Status of funds expended, interest earned, actions implementing the prerequisites for funding, any reallocations of funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a complete listing of funds allocated to each county.
(d) Inmate accounting system data to be maintained on an annual basis by the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city, including all of the following:
(1) Average daily population of sentenced and unsentenced prisoners classified according to gender and juvenile status.
(2) Jail admissions of sentenced and unsentenced prisoners, booking charge, date and time of booking, date and time of release, and operating expenses.
(3) Detention system capital and operating expenses.
(Amended by Stats. 1996, Ch. 805, Sec. 5. Effective January 1, 1997.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6031.3.

6031.3. The Board of Corrections is authorized to apply for any funds that may be available from the federal government to further the purposes of Sections 6030 to 6031.2, inclusive.
(Added by Stats. 1971, Ch. 1789.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6031.4.

6031.4. (a) For the purpose of this title, “local detention facility” means any city, county, city and county, or regional facility used for the confinement for more than 24 hours of adults, or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors.
(b) In addition to those provided for in subdivision (a), for the purposes of this title, “local detention facility” also includes any city, county, city and county, or regional facility, constructed on or after January 1, 1978, used for the confinement, regardless of the length of confinement, of adults or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors.
(c) “Local detention facility” also includes any adult detention facility, exclusive of any facility operated by the Department of Corrections and Rehabilitation or any facility holding inmates pursuant to Section 2910.5, Chapter 4 (commencing with Section 3410) of Title 2 of, Chapter 9.2 (commencing with Section 6220) of Title 7 of, Chapter 9.5 (commencing with Section 6250) of Title 7 of, or Chapter 9.6 (commencing with Section 6260) of Title 7 of, Part 3, that holds local prisoners under contract on behalf of a city, county, or city and county. Nothing in this subdivision shall be construed as affecting or authorizing the establishment of private detention facilities.
(d) “Local detention facility” also includes a court holding facility within a superior court that is operated by or supervised by personnel trained pursuant to Section 1024 of Title 15 of the California Code of Regulations. A court holding facility does not include an area within a courtroom or a public area in the courthouse.
(e) For purposes of this title, a local detention facility does not include those rooms that are used for holding persons for interviews, interrogations, or investigations, and are either separate from a jail or located in the administrative area of a law enforcement facility.
(Amended by Stats. 2018, Ch. 36, Sec. 23. (AB 1812) Effective June 27, 2018.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6031.5.

6031.5. For the purposes of this chapter, the term “correctional personnel” means either of the following:
(1) Any person described by subdivision (a) or (b) of Section 830.5, 830.55, 831, or 831.5.
(2) Any class of persons who perform supervision, custody, care, or treatment functions and are employed by the Department of Corrections, the Department of the Youth Authority, any correctional or detention facility, probation department, community-based correctional program, or other state or local public facility or program responsible for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, criminal or delinquent conduct.
(Amended by Stats. 1991, Ch. 1100, Sec. 5.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6031.6.

6031.6. (a) Any privately operated local detention facility responsible for the custody and control of any local prisoner shall, as required by subdivision (a) of Section 1208, operate pursuant to a contract with the city, county, or city and county, as appropriate.
(b) (1) Each contract shall include, but not be limited to, a provision whereby the private agency or entity agrees to operate in compliance with all appropriate state and local building, zoning, health, safety, and fire statutes, ordinances, and regulations, and with the minimum jail standards established by regulations adopted by the Board of Corrections, as set forth in Subchapter 4 (commencing with Section 1000) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.
(2) The private agency or entity shall select and train its personnel in accordance with selection and training requirements adopted by the Board of Corrections as set forth in Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations.
(3) The failure of a privately operated local detention facility to comply with the appropriate health, safety, and fire laws, or with the minimum jail standards adopted by the Board of Corrections, may constitute grounds for the termination of the contract.
(c) Upon the discovery of a failure of a privately operated local detention facility to comply with the requirements of subdivision (b), the local governmental entity shall notify the director of the facility that sanctions shall be applied or the contract shall be canceled if the specified deficiencies are not corrected within 60 days.
(Added by Stats. 1993, Ch. 787, Sec. 3. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 5 - The Corrections Standards Authority › ARTICLE 1 - General Provisions › Section 6033.

6033. The Board of State and Community Corrections shall, by January 1, 2018, develop recommendations for best practices and standardization for counties on how to disaggregate juvenile justice caseload and performance and outcome data by race and ethnicity.
(Added by Stats. 2016, Ch. 880, Sec. 3. (AB 1998) Effective January 1, 2017.)