reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3604.3.

3604.3. (a) A physician may attend an execution for the purpose of pronouncing death and may provide advice to the department for the purpose of developing an execution protocol to minimize the risk of pain to the inmate.
(b) The purchase of drugs, medical supplies or medical equipment necessary to carry out an execution shall not be subject to the provisions of Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code, and any pharmacist, or supplier, compounder, or manufacturer of pharmaceuticals is authorized to dispense drugs and supplies to the secretary or the secretary’s designee, without prescription, for carrying out the provisions of this chapter.
(c) No licensing board, department, commission, or accreditation agency that oversees or regulates the practice of health care or certifies or licenses health care professionals may deny or revoke a license or certification, censure, reprimand, suspend, or take any other disciplinary action against any licensed health care professional for any action authorized by this section.
(Added November 8, 2016, by initiative Proposition 66, Sec. 12.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3605.

3605. (a) The warden of the state prison where the execution is to take place shall be present at the execution and shall, subject to any applicable requirement or definition set forth in subdivision (b), invite the presence of the Attorney General, the members of the immediate family of the victim or victims of the defendant, and at least 12 reputable citizens, to be selected by the warden. The warden shall, at the request of the defendant, permit those ministers of the Gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with those peace officers or any other Department of Corrections employee as he or she may think expedient, to witness the execution. But no other persons than those specified in this section may be present at the execution, nor may any person under 18 years of age be allowed to witness the execution.
(b) (1) For purposes of an invitation required by subdivision (a) to members of the immediate family of the victim or victims of the defendant, the warden of the state prison where the execution is to take place shall make the invitation only if a member of the immediate family of the victim or victims of the defendant so requests in writing. In the event that a written request is made, the warden of the state prison where the execution is to take place shall automatically make the invitation 30 days prior to the date of an imminent execution or as close to this date as practicable.
(2) For purposes of this section, “immediate family” means those persons who are related by blood, adoption, or marriage, within the second degree of consanguinity or affinity.
(c) No physician or any other person invited pursuant to this section, whether or not employed by the Department of Corrections, shall be compelled to attend the execution, and any physician’s attendance shall be voluntary. A physician’s or any other person’s refusal to attend the execution shall not be used in any disciplinary action or negative job performance citation.
(Amended by Stats. 2001, Ch. 71, Sec. 1. Effective January 1, 2002.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 1 - Executing Death Penalty › Section 3607.

3607. After the execution, the warden must make a return upon the death warrant to the clerk of the court by which the judgment was rendered, showing the time, mode, and manner in which it was executed.
(Amended by Stats. 2002, Ch. 784, Sec. 561. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 2 - Suspension of Execution of Death Penalty: Insanity: Pregnancy › Section 3700.

3700. When a court enters an order appointing a day upon which a judgment of death shall be executed upon an incarcerated person, the warden of the state prison to whom the incarcerated person has been delivered for execution or, if the incarcerated person is housed at the Central California Women’s Facility, the warden of that facility, shall notify the Secretary of the Department of Corrections and Rehabilitation who shall then select and appoint three psychiatrists or licensed psychologists, all of whom must be from the medical staffs of the Department of Corrections and Rehabilitation to examine the incarcerated person under the judgment of death, and investigate the incarcerated person’s competence to be executed. It is the duty of the psychiatrists or licensed psychologists so selected and appointed to examine the incarcerated person and investigate the incarcerated person’s competence to be executed, and to report their opinions and conclusions in writing to the warden of the prison at which the execution is to take place, or, if the incarcerated person is housed there, the warden of the Central California Women’s Facility, at least 20 days prior to the day appointed for the execution of the judgment of death upon the incarcerated person. Upon receipt, the warden shall serve a copy of the report to counsel for the incarcerated person, to the Attorney General, to the district attorney of the county in which the person was sentenced, and to the Governor.
(Added by renumbering Section 3700.5 by Stats. 2022, Ch. 795, Sec. 3. (AB 2657) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 2 - Suspension of Execution of Death Penalty: Insanity: Pregnancy › Section 3702.

3702. (a) The prosecuting agency and the incarcerated person under sentence of death may produce witnesses at any hearing held regarding a petition filed pursuant to Section 3701.
(b) When the court concludes that there is reason to believe the incarcerated person is presently or permanently incompetent to be executed, the court shall hear proof produced by either party. The court may compel the attendance of witnesses, by process of subpoena and attachment, and to perform all other acts necessary to a full and fair hearing and determination of the case.
(Repealed and added by Stats. 2022, Ch. 795, Sec. 7. (AB 2657) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 2 - Suspension of Execution of Death Penalty: Insanity: Pregnancy › Section 3703.

3703. (a) On decision of a petition filed pursuant to Section 3701, the court shall issue a statement explaining the legal and factual basis for the decision.
(b) If the court finds by a preponderance of the evidence that the incarcerated person is competent to be executed, the court shall deny the petition.
(c) If the court finds by a preponderance of the evidence that the incarcerated person is permanently incompetent to be executed within the meaning of subdivision (e) of Section 3701, the court shall vacate the sentence or sentences of death and resentence the incarcerated person to life without the possibility of parole.
(d) In a proceeding under subdivision (a) of Section 3701, if the court finds that the incarcerated person is incompetent to be executed, but does not find by a preponderance of the evidence that competence is unlikely to be restored, the court shall order the warden to suspend the execution and order that the incarcerated person be taken to a medical facility of the Department of Corrections and Rehabilitation, and be kept in safe confinement until their competence to be executed is restored. If the prosecuting agency alerts the court that it believes the incarcerated person’s competence has been restored, the court shall again initiate the procedure set forth in Section 3700 and hold a hearing. In that hearing, the prosecution bears the burden of proving by a preponderance of the evidence that the incarcerated person is competent to be executed.
(e) The decision denying or granting the petition will be subject to review under Section 1509.1. An appeal from a decision under this chapter shall not be considered successive, nor shall it render any subsequent appeals successive within the meaning of Section 1509.1.
(Repealed and added by Stats. 2022, Ch. 795, Sec. 9. (AB 2657) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 2 - Suspension of Execution of Death Penalty: Insanity: Pregnancy › Section 3705.

3705. If there is good reason to believe that a female against whom a judgment of death is rendered is pregnant, such proceedings must be had as are provided in Section 3701, except that instead of a jury, as therein provided, the court may summon three disinterested physicians, of good standing in their profession, to inquire into the supposed pregnancy, who shall, in the presence of the court, but with closed doors, if requested by the defendant, examine the defendant and hear any evidence that may be produced, and make a written finding and certificate of their conclusion, to be approved by the court and spread upon the minutes. The provisions of Section 3702 apply to the proceedings upon such inquiry.
(Amended by Stats. 1941, Ch. 1192.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 3 - EXECUTION OF DEATH PENALTY › CHAPTER 2 - Suspension of Execution of Death Penalty: Insanity: Pregnancy › Section 3706.

3706. If it is found that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant the warden must suspend the execution of the judgment, and transmit a certified copy of the finding and certificate to the Governor. When the Governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden this warrant appointing a day for the execution of the judgment.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4000.

4000. The common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows:
1. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases;
2. For the detention of persons charged with crime and committed for trial;
3. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law;
4. For the confinement of persons sentenced to imprisonment therein upon a conviction for crime.
5. For the confinement of persons pursuant to subdivision (b) of Section 3454 for a violation of the terms and conditions of their postrelease community supervision.
(Amended by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 34. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4000.5.

4000.5. Notwithstanding any other provision of law, the sheriff of any county may transfer prisoners committed to any jail of the county to any industrial road camp maintained by the county.
(Added by Stats. 1989, Ch. 897, Sec. 44.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4001.

4001. Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belonging to either of the other classes:
1. Persons committed on criminal process and detained for trial;
2. Persons already convicted of crime and held under sentence;
3. Persons detained as witnesses or held under civil process, or under an order imposing punishment for a contempt.
(Amended by Stats. 1975, Ch. 592.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4001.1.

4001.1. (a) No law enforcement or correctional official shall give, offer, or promise to give any monetary payment in excess of fifty dollars ($50) in return for an in-custody informant’s testimony in any criminal proceeding. Nothing contained herein shall prohibit payments incidental to the informant’s testimony such as expenses incurred for witness or immediate family relocation, lodging, housing, meals, phone calls, travel, or witness fees authorized by law, provided those payments are supported by appropriate documentation demonstrating that the money was used for the purposes for which it was given.
(b) No law enforcement agency and no in-custody informant acting as an agent for the agency, may take some action, beyond merely listening to statements of a defendant, that is deliberately designed to elicit incriminating remarks.
(c) As used in this section, an “in-custody informant” means a person described in subdivision (a) of Section 1127a.
(Added by Stats. 1989, Ch. 901, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4001.2.

4001.2. (a) Each county jail shall, upon detention of a person, ask if the person has served in the United States military and document the person’s response.
(b) The county jail shall make this information available to the person, his or her counsel, and the district attorney.
(c) This section shall become operative on January 1, 2020.
(Added by Stats. 2018, Ch. 281, Sec. 1. (AB 2568) Effective January 1, 2019. Section operative January 1, 2020, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4002.

4002. (a) Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, shall not be kept or put in the same room, nor shall male and female prisoners, except spouses, sleep, dress or undress, bathe, or perform eliminatory functions in the same room. However, persons committed on criminal process and detained for trial may be kept or put in the same room with persons convicted and under sentence for the purpose of participating in supervised activities and for the purpose of housing, provided, that the housing occurs as a result of a classification procedure that is based upon objective criteria, including consideration of criminal sophistication, seriousness of crime charged, presence or absence of assaultive behavior, age, and other criteria that will provide for the safety of the prisoners and staff.
(b) Inmates who are held pending civil process under the sexually violent predator laws shall be held in administrative segregation. For purposes of this subdivision, administrative segregation means separate and secure housing that does not involve any deprivation of privileges other than what is necessary to protect the inmates and staff. Consistent with Section 1610, to the extent possible, the person shall continue in his or her course of treatment, if any. An alleged sexually violent predator held pending civil process may waive placement in secure housing by petitioning the court for a waiver. In order to grant the waiver, the court must find that the waiver is voluntary and intelligent, and that granting the waiver would not interfere with any treatment programming for the person requesting the waiver. A person granted a waiver shall be placed with inmates charged with similar offenses or with similar criminal histories, based on the objective criteria set forth in subdivision (a).
(c) Nothing in this section shall be construed to impose any requirement upon a county to confine male and female prisoners in the same or an adjoining facility or impose any duty upon a county to establish or maintain programs which involve the joint participation of male and female prisoners.
(Amended by Stats. 2016, Ch. 50, Sec. 74. (SB 1005) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4002.5.

4002.5. (a) On or before January 1, 2020, the sheriff of each county or the administrator of each county jail shall develop and implement an infant and toddler breast milk feeding policy for lactating inmates detained in or sentenced to a county jail. The policy shall be based on currently accepted best practices. The policy shall include all of the following provisions:
(1) Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning.
(2) Procedures providing for human milk expression, disposal, and same-day storage for later retrieval and delivery to an infant or toddler by an approved person, at the option of the lactating inmate and with the approval of the facility administrator.
(3) Procedures for conditioning an inmate’s participation in the program upon the inmate undergoing drug screening.
(b) The infant and toddler breast milk feeding policy for lactating inmates shall be posted in all locations in the jail where medical care is provided and the provisions of the policy shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.
(c) This section applies without regard to whether the jail is operated pursuant to a contract with a private contractor and without regard to whether the inmate has been charged with or convicted of a crime.
(Added by Stats. 2018, Ch. 944, Sec. 1. (AB 2507) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4003.

4003. Whenever any weapon or other personal property is taken from an arrested person, it shall be the duty of the desk clerk or other proper officer of any city, county or city and county jail, to which such person is committed for detention, to give a receipt to such person without delay for the property taken.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4004.

4004. A prisoner committed to the county jail for examination, or upon conviction for a public offense, must be actually confined in the jail until legally discharged; and if the prisoner is permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape; provided, however, that during the pendency of a criminal proceeding, the court before which said proceeding is pending may make a legal order, good cause appearing therefor, for the removal of the prisoner from the county jail in custody of the sheriff. In courts where there is a marshal, the marshal shall maintain custody of such prisoner while the prisoner is in the court facility pursuant to such court order. The superior court of the county may make a legal order, good cause appearing therefor, for the removal of prisoners confined in the county jail, after conviction, in the custody of the sheriff.
If facilities are no longer available in the county jail due to crowded conditions, a sheriff may transfer a person committed to the county jail upon conviction for a public offense to facilities which are available in the city jail, as provided for in Section 4004.5.
(Amended by Stats. 1998, Ch. 931, Sec. 433. Effective September 28, 1998.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4004.5.

4004.5. (a) A city may furnish facilities to be used for holding prisoners held for examination or during trial without cost to the county or upon such terms as may be agreed upon by the governing body of the city and the board of supervisors, and the marshal may keep the prisoners in their custody in the city jail.
(b) A city may furnish facilities to be used for holding persons convicted of a public offense who have been transferred from the county jail by the sheriff due to crowded conditions upon those terms as may be agreed upon by the governing body of the city and the board of supervisors. The agreed terms may indicate that the facilities are to be provided free of charge to the county.
(Amended by Stats. 1996, Ch. 872, Sec. 123. Effective January 1, 1997.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4005.

4005. (a) Except as provided in subdivision (b), the sheriff shall receive, and keep in the county jail, any prisoner committed thereto by process or order issued under the authority of the United States, until he or she is discharged according to law, as if he or she had been committed under process issued under the authority of this state; provision being made by the United States for the support of the prisoner.
(b) The sheriff shall receive, and keep in the county jail, any prisoner committed thereto by process or order issued under the authority of the United States, until he or she is discharged according to law, as if he or she had been committed under process issued under the authority of this state, but only if the sheriff determines that adequate space in appropriate detention areas currently exists for this purpose. Provision shall be made by the United States for the support of the prisoner. This subdivision shall apply only in counties where a facility operated by the United States Bureau of Prisons exists within 200 miles of the county seat.
(Amended by Stats. 1986, Ch. 523, Sec. 1. Effective July 24, 1986.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4006.

4006. A sheriff, to whose custody a prisoner is committed as provided in the last section, is answerable for his safekeeping in the courts of the United States, according to the laws thereof.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4006.5.

4006.5. (a) Notwithstanding any other provision of law, a county board of supervisors or city council may enter into a contract with the federal government, or any department or agency thereof, to manage, control, and operate a federal prison located within the boundaries of that county or city.
(b) If a city or county enters into a contract pursuant to subdivision (a), the sheriff or chief of police, as appropriate, shall have sole and exclusive authority to keep the prison and the prisoners in it.
(c) If a city or county enters into a contract pursuant to subdivision (a), the employees working in the prison shall be employees of, and under the authority of, the sheriff or chief of police, as appropriate.
(Added by Stats. 1997, Ch. 468, Sec. 1. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4008.

4008. A copy of the appointment, certified by the clerk of the court, must be served on the sheriff or keeper of the jail designated, who must receive into the jail all prisoners authorized to be confined therein, pursuant to Section 4007, and who is responsible for the safekeeping of the persons so committed, in the same manner and to the same extent as if the sheriff or keeper of the jail were sheriff of the county for whose use the jail is designated, and with respect to the persons so committed the sheriff or keeper of the jail is deemed the sheriff of the county from which they were removed.
(Amended by Stats. 2002, Ch. 784, Sec. 563. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4009.

4009. When a jail is erected in a county for the use of which the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, the judge of the superior court of that county must, by a written revocation, filed with the clerk of the court, declare that the necessity for the designation has ceased, and that it is revoked.
(Amended by Stats. 2002, Ch. 784, Sec. 564. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4010.

4010. The clerk of the court must immediately serve a copy of the revocation upon the sheriff of the county, who must thereupon remove the prisoners to the jail of the county from which the removal was had.
(Amended by Stats. 2002, Ch. 784, Sec. 565. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4011.2.

4011.2. A sheriff, chief or director of corrections, or chief of police shall not charge a fee for an inmate-initiated medical visit of an inmate confined in a county or city jail.
(Repealed and added by Stats. 2019, Ch. 570, Sec. 2. (AB 45) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4011.3.

4011.3. (a) Notwithstanding Section 4011.1, a sheriff, chief or director of corrections, or chief of police shall not charge a fee for durable medical equipment or medical supplies provided to an inmate confined in a county or city jail as medically necessary to ensure the inmate has equal access to jail services, programs, or activities.
(b) (1) For purposes of this section, “durable medical equipment” means equipment that is prescribed by a licensed provider to meet the medical needs of an inmate and that meets all of the following criteria:
(A) The equipment can withstand repeated use.
(B) The equipment is used to serve a medical purpose.
(C) The equipment is not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.
(D) The equipment is appropriate for use in or out of the jail.
(2) Durable medical equipment includes, but is not limited to, eyeglasses, artificial eyes, dentures, artificial limbs, orthopedic braces and shoes, and hearing aids.
(c) For purposes of this section, “medical supplies” means supplies that are prescribed by a licensed provider to meet the medical needs of an inmate and that meet all of the following criteria:
(1) The supplies cannot withstand repeated use.
(2) The supplies are usually disposable in nature.
(3) The supplies are used to serve a medical purpose.
(4) The supplies are not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly.
(5) The supplies are intended for use in an outpatient setting.
(Amended by Stats. 2020, Ch. 370, Sec. 230. (SB 1371) Effective January 1, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4011.5.

4011.5. (a) If a sheriff or jailer determines that a prisoner in a county jail or a city jail under his or her charge is in need of immediate medical or hospital care, and that the health and welfare of the prisoner will be injuriously affected unless the prisoner is forthwith removed to a hospital, the sheriff or jailer may authorize the immediate removal of the prisoner under guard to a hospital, without first obtaining a court order as provided in Section 4011. If the condition of the prisoner prevents his or her return to the jail within 48 hours from the time of his or her removal, the sheriff or jailer shall apply to a judge of the superior court for an order authorizing the continued absence of the prisoner from the jail in the manner provided in Section 4011. The provisions of Section 4011 governing the cost of medical and hospital care of prisoners and the liability for those costs shall apply to the cost of, and the liability for, medical or hospital care of prisoners removed from jail pursuant to this section.
(b) For purposes of this section, “immediate medical or hospital care” includes, but is not limited to, critical specialty medical procedures or treatment, such as dialysis, which cannot be furnished, performed, or supplied at a county jail or city jail.
(Amended by Stats. 2016, Ch. 65, Sec. 1. (AB 1703) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4011.7.

4011.7. Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating hospitalization or in need of medical or hospital care was arrested for, charged with, or convicted of an offense constituting a misdemeanor, the court in proceedings under Section 4011 or the sheriff or jailer in action taken under Section 4011.5 may direct that the guard be removed from the prisoner while he or she is in the hospital. If that direction is given, any prisoner who knowingly escapes or attempts to escape from that hospital shall upon conviction thereof be guilty of a misdemeanor and punishable by imprisonment for not to exceed one year in the county jail if the escape or attempt to escape was not by force or violence. However, if the escape is by force or violence the prisoner shall be guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in the county jail for not exceeding one year; provided, that when that second term of imprisonment is to be served in the county jail it shall commence from the time that prisoner would otherwise be discharged from that jail.
(Amended by Stats. 2011, Ch. 15, Sec. 480. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4011.8.

4011.8. A person in custody who has been charged with or convicted of a criminal offense may make voluntary application for inpatient or outpatient mental health services in accordance with Section 5003 of the Welfare and Institutions Code. If such services require absence from the jail premises, consent from the person in charge of the jail or from any judge of a court in the county in which the jail is located, and from the director of the county mental health program in which services are to be rendered, shall be obtained. The local mental health director or his designee may examine the prisoner prior to the transfer from the jail.
Where the court approves voluntary treatment for a jail inmate for whom criminal proceedings are pending, the court shall forthwith notify counsel for the prisoner and the prosecuting attorney about such approval. Where the person in charge of the jail approves voluntary treatment for a prisoner for whom criminal proceedings are pending, the person in charge of the jail shall immediately notify each court within the county where the prisoner has a pending proceeding about such approval; upon notification by the jailer the court shall forthwith notify the prosecuting attorney and counsel for the prisoner in the criminal proceedings about such transfer.
If the prisoner voluntarily obtains treatment in a facility or is placed on outpatient treatment pursuant to Section 5003 of the Welfare and Institutions Code, the time passed therein shall count as part of the prisoner’s sentence. When the prisoner is permitted absence from the jail for voluntary treatment, the person in charge of the jail shall advise the professional person in charge of the facility of the expiration date of the prisoner’s sentence. If the prisoner is to be released from the facility before such expiration date, the professional person in charge shall notify the local mental health director or his designee, counsel for the prisoner, the prosecuting attorney, and the person in charge of the jail, who shall send for, take, and receive the prisoner back into the jail.
A denial of an application for voluntary mental health services shall be reviewable only by mandamus.
(Added by Stats. 1975, Ch. 1258.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4011.9.

4011.9. Notwithstanding the provisions of Sections 4011 and 4011.5, when it appears that the prisoner in need of medical or surgical treatment necessitating hospitalization or in need of medical or hospital care was arrested for, charged with, or convicted of an offense constituting a felony, the court in proceedings under Section 4011 or the sheriff or jailer in action taken under Section 4011. 5 may direct that the guard be removed from the prisoner while he is in the hospital, if it reasonably appears that the prisoner is physically unable to effectuate an escape or the prisoner does not constitute a danger to life or property.
(Added by Stats. 1976, Ch. 80.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4012.

4012. When a pestilence or contagious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the health of the prisoners, the county judge may, by a written appointment, designate a safe and convenient place in the county, or the jail in a contiguous county, as the place of their confinement. The appointment must be filed in the office of the clerk of the court, and authorize the sheriff to remove the prisoners to the place or jail designated, and there confine them until they can be safely returned to the jail from which they were taken.
(Amended by Stats. 2002, Ch. 784, Sec. 566. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4013.

4013. (a) A warden, sheriff, or jailer upon whom a paper in a judicial proceeding, directed to an incarcerated person in the custody of the warden, sheriff, or jailer, is served, shall forthwith deliver the paper to the incarcerated person, with a note thereon of the time of its service. The warden, sheriff, or jailer is liable to the incarcerated person for all damages occasioned thereby for neglecting to do so.
(b) Service directed to a person who is incarcerated within any institution in this state may be served by any person who may lawfully serve process.
(Amended by Stats. 2022, Ch. 255, Sec. 1. (AB 1974) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4014.

4014. The sheriff, when necessary, may, with the assent in writing of the county judge, or in a city, of the mayor thereof, employ a temporary guard for the protection of the county jail, or for the safekeeping of prisoners, the expenses of which are a county charge.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4015.

4015. (a) The sheriff shall receive all persons committed to jail by competent authority. The board of supervisors shall provide the sheriff with necessary food, clothing, and bedding, for those prisoners, which shall be of a quality and quantity at least equal to the minimum standards and requirements prescribed by the Board of Corrections for the feeding, clothing, and care of prisoners in all county, city and other local jails and detention facilities. Except as provided in Section 4016, the expenses thereof shall be paid out of the county treasury.
(b) Nothing in this section shall be construed in a manner that would require the sheriff to receive a person who is in need of immediate medical care until the person has been transported to a hospital or medical facility so that his or her medical needs can be addressed prior to booking into county jail.
(c) Nothing in this section shall be construed or interpreted in a manner that would impose upon a city or its law enforcement agency any obligation to pay the cost of medical services rendered to any individual in need of immediate medical care who has been arrested by city law enforcement personnel and transported to a hospital or medical facility prior to being delivered to and received at the county jail or other detention facility for booking.
(d) It is the intent of the Legislature in enacting the act adding this subdivision to ensure that the costs associated with providing medical care to an arrested person are borne by the arrested person’s private medical insurance or any other source of medical cost coverage for which the arrested person is eligible.
(Amended (as amended by Stats. 1992, Ch. 697) by Stats. 1992, Ch. 1369, Sec. 6. Effective October 27, 1992. Operative January 1, 1993, by Sec. 13 of Ch. 1369.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4016.

4016. Whenever a person is committed upon process in a civil action or proceeding, except when the people of this State are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court.
(Added by Stats. 1941, Ch. 106.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4017.

4017. All persons confined in the county jail, industrial farm, road camp, or city jail under a final judgment of imprisonment rendered in a criminal action or proceeding and all persons confined in the county jail, industrial farm, road camp, or city jail as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence may be required by an order of the board of supervisors or city council to perform labor on the public works or ways in the county or city, respectively, and to engage in the prevention and suppression of forest, brush and grass fires upon lands within the county or city, respectively, or upon lands in adjacent counties where the suppression of fires would afford fire protection to lands within the county.
Whenever any such person so in custody shall suffer injuries or death while working in the prevention or suppression of forest, brush or grass fires he shall be considered to be an employee of the county or city, respectively, for the purposes of compensation under the provisions of the Labor Code regarding workmen’s compensation and such work shall be performed under the direct supervision of a local, state or federal employee whose duties include fire prevention and suppression work. A regularly employed member of an organized fire department shall not be required to directly supervise more than 20 such persons so in custody.
As used in this section, “labor on the public works” includes clerical and menial labor in the county jail, industrial farm, camps maintained for the labor of such persons upon the ways in the county, or city jail.
(Amended by Stats. 1971, Ch. 907.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4017.1.

4017.1. (a) (1) Except as provided in paragraph (2), any person confined in a county jail, industrial farm, road camp, or city jail who is required or permitted by an order of the board of supervisors or city council to perform work, and any person while performing community service in lieu of a fine or custody or who is assigned to work furlough, may not be employed to perform any function that provides access to personal information of private individuals, including, but not limited to, the following: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; mothers’ maiden names; demand deposit account, debit card, credit card, savings account, or checking account numbers, PINs, or passwords; social security numbers; places of employment; dates of birth; state- or government-issued driver’s license or identification numbers; United States Citizenship and Immigration Services-assigned numbers; government passport numbers; unique biometric data, such as fingerprints, facial scan identifiers, voice prints, retina or iris images, or other similar identifiers; unique electronic identification numbers; address or routing codes; and telecommunication identifying information or access devices.
(2) Notwithstanding paragraph (1), persons assigned to work furlough programs may be permitted to work in situations that allow them to retain or look at a driver’s license or credit card for no longer than the period of time needed to complete an immediate transaction. However, no person assigned to work furlough shall be placed in any position that may require the deposit of a credit card or driver’s license as insurance or surety.
(b) Any person confined in a county jail, industrial farm, road camp, or city jail who has access to any personal information shall disclose that they are confined before taking any personal information from anyone.
(c) This section shall not apply to inmates in employment programs or public service facilities where incidental contact with personal information may occur.
(Amended by Stats. 2021, Ch. 296, Sec. 48. (AB 1096) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4017.5.

4017.5. In any case in which a person is confined to a city or county jail for a definite period of time for contempt pursuant to an action or proceeding other than a criminal action or proceeding, all of the provisions of law authorizing, requiring, or otherwise relating to, the performance of labor or work by persons sentenced to such facilities for like periods of time under a judgment of imprisonment, or a fine and imprisonment until the fine is paid or as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence, in a criminal action or proceeding, shall apply.
Nothing in this section shall be construed to authorize the confinement of any prisoner contrary to the provisions of Section 4001.
(Added by Stats. 1976, Ch. 286.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4018.

4018. The board of supervisors making such order may prescribe and enforce the rules and regulations under which such labor is to be performed; and provide clothing of such a distinctive character for said prisoners as such board, in its discretion, may deem proper.
(Amended by Stats. 1969, Ch. 380.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4018.1.

4018.1. Subject to the availability of adequate state funding for these purposes, the sheriff of each county shall provide inmates who have been sentenced for drug-related offenses with information about behavior that places a person at high risk for contracting the human immunodeficiency virus (HIV), and about the prevention of the transmission of acquired immune deficiency syndrome (AIDS). Each county sheriff or the chief county probation officer shall provide all inmates who have been sentenced for drug-related offenses, who are within one month of release, or who have been placed on probation, with information about behavior that places a person at high risk for contracting HIV, about the prevention of the transmission of AIDS, and about agencies and facilities that provide testing, counseling, medical, and support services for AIDS victims. Information about AIDS prevention shall be solicited by each county sheriff or chief county probation officer from the State Department of Health Services, the county health officer, or local agencies providing services to persons with AIDS. The Director of Health Services, or his or her designee, shall approve protocols pertaining to the information to be disseminated under this section.
(Added by Stats. 1988, Ch. 1301, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4018.5.

4018.5. The sheriff or other official in charge of county correctional facilities may, subject to the approval of the board of supervisors, provide for the vocational training and rehabilitation of prisoners confined in the county jail, or any county industrial farm or county or joint county road camp. The sheriff or other official in charge of county correctional facilities may, subject to such approval, enter into an agreement with the governing board of any school district maintaining secondary schools, for the maintenance, by the district, for such prisoners, of adult education classes conducted pursuant to the Education Code.
(Amended by Stats. 1973, Ch. 167.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 4 - COUNTY JAILS, FARMS AND CAMPS › CHAPTER 1 - County Jails › Section 4018.6.

4018.6. The sheriff of the county may authorize the temporary removal under custody or temporary release without custody of any inmate of the county jail, honor farm, or other detention facility for family emergencies or for purposes preparatory to his return to the community, if the sheriff concludes that such inmate is a fit subject therefor. Any such temporary removal shall not be for a period of more than three days. When an inmate is released for purposes preparatory to his return to the community, the sheriff may require the inmate to reimburse the county, in whole or in part, for expenses incurred by the county in connection therewith.
(Added by Stats. 1975, Ch. 695.)