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 1 - The Department of Corrections and Rehabilitation › Section 5033.

5033. (a) The Legislature finds and declares all of the following:
(1) It is the intent of the Legislature to close additional prisons in the state prison system.
(2) Maintaining prison capacity beyond what is necessary for safety, operational flexibility, and to support rehabilitation is not cost effective and reducing excess capacity of the prison system would create savings that may be used for rehabilitative and other purposes.
(b) To help inform decisions relating to prison closures, the department shall prepare and submit to the budget committees of both houses of the Legislature, a preliminary assessment on or before August 15, 2023, and a completed assessment on or before November 15, 2023, of systemwide capacity, including an estimate of the department’s overall housing needs based on its population projections. The department shall include information relating to the necessary operational capacity for each state-owned and -operated prison that allows each facility to operate in a manner that is rehabilitative, safe, and cost efficient. The department shall include an assessment of available space for educational and rehabilitative programming, health care services, specialized bed needs, flexible bed needs, including those needed for quarantines or natural disasters, and space needed to comply with class action litigation requirements. The preliminary assessment shall include the department’s methodology and preliminary data and findings.
(Added by Stats. 2023, Ch. 47, Sec. 21. (AB 134) Effective July 10, 2023.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5050.

5050. Commencing July 1, 2005, any reference to the Director of Corrections in this or any other code refers to the Secretary of the Department of Corrections and Rehabilitation. As of that date, the office of the Director of Corrections is abolished.
(Amended by Stats. 2005, Ch. 10, Sec. 36. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5051.2.

5051.2. The Director of Corrections shall have wide and successful administrative experience in adult or youth correctional programs embodying rehabilitative concepts.
(Added by Stats. 1953, Ch. 1458.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5052.

5052. Any officer or employee of the Department of Corrections and Rehabilitation designated in writing by the secretary, shall have the power of a head of a department pursuant to Article 2 (commencing at Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the Government Code.
(Amended by Stats. 2005, Ch. 10, Sec. 39. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5054.

5054. Commencing July 1, 2005, the supervision, management and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation.
(Amended by Stats. 2005, Ch. 10, Sec. 41. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5054.1.

5054.1. The Secretary of the Department of Corrections and Rehabilitation has full power to order returned to custody any person under the secretary’s jurisdiction. The written order of the secretary shall be sufficient warrant for any peace officer to return to actual custody any escaped state prisoner or any state prisoner released prior to his or her scheduled release date who should be returned to custody. All peace officers shall execute an order as otherwise provided by law.
(Amended by Stats. 2007, Ch. 579, Sec. 49. Effective October 13, 2007.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5054.2.

5054.2. Whenever a person is incarcerated in a state prison for violating Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5, 289, or former Section 288a, and the victim of one or more of those offenses is a child under the age of 18 years, the Secretary of the Department of Corrections and Rehabilitation shall protect the interest of that child victim by prohibiting visitation between the incarcerated person and the child victim pursuant to Section 1202.05. The secretary shall allow visitation only when the juvenile court, pursuant to Section 362.6 of the Welfare and Institutions Code, finds that visitation between the incarcerated person and his or her child victim is in the best interests of the child victim.
(Amended by Stats. 2018, Ch. 423, Sec. 110. (SB 1494) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5055.

5055. Commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the Department of Corrections and Rehabilitation, except where those powers and duties are expressly vested by law in the Board of Parole Hearings.
Whenever a power is granted to the secretary or a duty is imposed upon the secretary, the power may be exercised or the duty performed by a subordinate officer to the secretary or by a person authorized pursuant to law by the secretary.
(Amended by Stats. 2005, Ch. 10, Sec. 42. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5055.5.

5055.5. (a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each institution on a quarterly basis and post those reports on the department’s Internet Web site. The department shall post both current fiscal-year reports and reports for the immediately preceding three fiscal years for each institution. The department shall also post corrections made to inaccurate or incomplete data to current or previous reports.
(b) Each report shall include a brief biography of the warden, including whether he or she is an acting or permanent warden, and a brief description of the prison, including the total number and level of inmates.
(c) Each report shall be created using the following information already collected using the COMPSTAT (computer assisted statistics) reports for each prison and shall include, but not be limited to, all of the following indicators:
(1) Staff vacancies, overtime, sick leave, and number of authorized staff positions.
(2) Rehabilitation programs, including enrollment capacity, actual enrollment, and diploma and GED completion rate.
(3) Number of deaths, specifying homicides, suicides, unexpected deaths, and expected deaths.
(4) Number of use of force incidents.
(5) Number of inmate appeals, including the number being processed, overdue, dismissed, and upheld.
(6) Number of inmates in administrative segregation.
(7) Total contraband seized, specifying the number of cellular telephones and drugs.
(d) Each report shall also include the following information, which is not currently collected or displayed by COMPSTAT:
(1) Total budget, including actual expenditures.
(2) Number of days in lockdown.
(Added by Stats. 2015, Ch. 162, Sec. 2. (SB 601) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5056.

5056. (a) Each state prison under the jurisdiction of the department shall have a citizens’ advisory committee except that one committee may serve every prison located in the same city or community. Each committee shall consist of not more than 15 members appointed by the institution’s warden, nine of whom shall be appointed from a list of nominations submitted to him or her as follows:
(1) Two persons from nominations submitted by the Assembly Member in whose district the prison is located.
(2) Two persons from nominations submitted by the Senator in whose district the prison is located.
(3) Two persons from nominations submitted by the city council of the city containing or nearest to the institution.
(4) Two persons from nominations submitted by the county board of supervisors of the county containing the institution.
(5) One person from nominations submitted by the chief of police of the city containing or nearest to the institution and the county sheriff of the county containing the institution.
(b) Where a citizens’ advisory committee serves more than one prison, the warden of each prison served by this committee shall collaborate with every other warden of a prison served by the committee for the purpose of appointing committee members.
(c) Each committee shall select its own chairperson by a majority vote of its members. The term of office of all members shall be two years. In the event of a vacancy due to resignation, death, or absence from three consecutive meetings, the appointing power shall fill the vacancy following receipt of written notification that a vacancy has occurred.
(d) Each committee shall meet at least once every two months or as often, on the call of the chairperson, as necessary to carry out the purposes and duties of the committee. Meetings of the committee shall be open to the public. The warden of each institution shall meet with the committee at least four times each year.
The advisory committees of the several institutions shall have the power of visitation of prison facilities and personnel in furtherance of the goals of this section.
(e) Nothing in this section shall be construed to require the disclosure by the department of information which may threaten the security of an institution or the safety of the surrounding community, nor shall the power of visitation specified in subdivision (d) extend to situations where institutional security would be jeopardized.
(Amended by Stats. 1997, Ch. 942, Sec. 2. Effective October 12, 1997.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5056.1.

5056.1. (a) The Legislature finds and declares that due to the local conditions resulting in the Chino Valley Independent Fire District having within its area of service two state institutions under the jurisdiction of the Department of Corrections and Rehabilitation, the California Institution for Men and the California Institution for Women, special legislation is needed to address the need for the citizens’ advisory committees responsible for those institutions to have an additional member representing the Chino Valley Independent Fire District.
(b) In addition to the members designated for the citizens’ advisory committees that advise the California Institution for Men and the California Institution for Women pursuant to Section 5056, there shall be an additional member representing the Chino Valley Independent Fire District, nominated by the Chino Valley Independent Fire District, for selection by the warden, pursuant to Section 5056.
(Added by Stats. 2009, Ch. 108, Sec. 1. (AB 430) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5057.

5057. (a) Subject to the powers of the Department of Finance under Section 13300 of the Government Code, the secretary shall establish an accounting and auditing system for all of the agencies and institutions including the prisons which comprise the department in whatever form that will best facilitate their operation, and may modify the system from time to time.
(b) The accounting and auditing system shall include those accounts and records that are necessary to properly account for all money and property of the inmates.
(c) Except where other disposition is provided by law, all money belonging to the state received by the department, shall be reported to the Controller and deposited in the State Treasury monthly.
(Amended by Stats. 2005, Ch. 10, Sec. 43. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5057.5.

5057.5. (a) Notwithstanding Section 11005 of the Government Code, the Director of Corrections may accept a gift or donation of goods or services to the state following a review and determination by the director that the gift or donation is not subject to illegal or discriminatory conditions, that it does not involve the expenditure of state funds, and that the acceptance of the gift is in the best interests of the state.
(b) Notwithstanding subdivision (a), the acceptance of a gift or donation that would involve any expenditure of state funds shall be subject to Section 11005 of the Government Code.
(c) It is the intent of the Legislature in enacting this section to recognize the significant contribution that private donors of goods and services can make in supporting the corrections system, and the development of effective vocational education and correctional industries in our prison system. With that objective in mind, the Director of Corrections is encouraged to further develop the current system of gifts and donations through the design of a prompt and efficient review procedure that will encourage donors and protect the interests of the state.
(Added by Stats. 1983, Ch. 574, 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5058.1.

5058.1. (a) For the purposes of this section, “pilot program” means a program implemented on a temporary and limited basis in order to test and evaluate the effectiveness of the program, develop new techniques, or gather information.
(b) The adoption, amendment, or repeal of a regulation by the director to implement a legislatively mandated or authorized pilot program or a departmentally authorized pilot program, is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, if the following conditions are met:
(1) A pilot program affecting male inmates affects no more than 10 percent of the total state male inmate population; a pilot program affecting female inmates affects no more than 10 percent of the total state female inmate population; and a pilot program affecting male and female inmates affects no more than 10 percent of the total state inmate population.
(2) The director certifies in writing that the regulations apply to a pilot program that qualifies for exemption under this section. The certification shall include a description of the pilot program and of the methods the department will use to evaluate the results of the pilot program.
(3) The certification and regulations are filed with the Office of Administrative Law and the regulations are made available to the public by publication pursuant to subparagraph (F) of paragraph (3) of subdivision (b) of Section 6 of Title 1 of the California Code of Regulations.
(4) An estimate of fiscal impact is completed pursuant to Sections 6650 to 6670, inclusive, of the State Administrative Manual.
(c) The adoption, amendment, or repeal of a regulation pursuant to this section becomes effective immediately upon filing with the Secretary of State.
(d) A regulation adopted pursuant to this section is repealed by operation of law, and the amendment or repeal of a regulation pursuant to this section is reversed by operation of law, two years after the commencement of the pilot program being implemented, unless the adoption, amendment, or repeal of the regulation is promulgated by the director pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purpose of this subdivision, a pilot program commences on the date the first regulatory change implementing the program is filed with the Secretary of State.
(Added by Stats. 2001, Ch. 141, Sec. 2. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5058.2.

5058.2. (a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a department action or policy implementing an action, that is based on a determination by the director that there is a compelling need for immediate action, and that unless the action is taken, serious injury, illness, or death is likely to result. The action, or the policy implementing the action, may be taken provided that the following conditions shall subsequently be met:
(1) A written determination of imminent danger shall be issued describing the compelling need and why the specific action or actions must be taken to address the compelling need.
(2) The written determination of imminent danger shall be mailed within 10 working days to every person who has filed a request for notice of regulatory actions with the department and to the Chief Clerk of the Assembly and the Secretary of the Senate for referral to the appropriate policy committees.
(b) Any policy in effect pursuant to a determination of imminent danger shall lapse by operation of law 15 calendar days after the date of the written determination of imminent danger unless an emergency regulation is filed with the Office of Administrative Law pursuant to Section 5058.3. This section shall in no way exempt the department from compliance with other provisions of law related to fiscal matters of the state.
(Added by Stats. 2001, Ch. 141, Sec. 3. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5058.3.

5058.3. (a) Emergency adoption, amendment, or repeal of a regulation by the director shall be conducted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except with respect to the following:
(1) Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the initial effective period for an emergency adoption, amendment, or repeal of a regulation shall be 160 days.
(2) Notwithstanding subdivision (b) of Section 11346.1 of the Government Code, no showing of emergency is necessary in order to adopt, amend, or repeal an emergency regulation if the director instead certifies, in a written statement filed with the Office of Administrative Law, that operational needs of the department require adoption, amendment, or repeal of the regulation on an emergency basis. The written statement shall include a description of the underlying facts and an explanation of the operational need to use the emergency rulemaking procedure. This paragraph provides an alternative to filing a statement of emergency pursuant to subdivision (b) of Section 11346.1 of the Government Code. It does not preclude filing a statement of emergency. This paragraph only applies to the initial adoption and one readoption of an emergency regulation.
(3) Notwithstanding subdivision (b) of Section 11349.6 of the Government Code, the adoption, amendment, or repeal of a regulation pursuant to paragraph (2) shall be reviewed by the Office of Administrative Law within 20 calendar days after its submission. In conducting its review, the Office of Administrative Law shall accept and consider public comments for the first 10 calendar days of the review period. Copies of any comments received by the Office of Administrative Law shall be provided to the department.
(4) Regulations adopted pursuant to paragraph (2) of subdivision (a) are not subject to the requirements of paragraph (2) of subdivision (a) of Section 11346.1 of the Government Code.
(b) It is the intent of the Legislature, in authorizing the deviations in this section from the requirements and procedures of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to authorize the department to expedite the exercise of its power to implement regulations as its unique operational circumstances require.
(Amended by Stats. 2006, Ch. 713, Sec. 7. Effective January 1, 2007.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5058.4.

5058.4. (a) The director shall provide for the development and implementation of a disciplinary matrix with offenses and associated punishments applicable to all department employees, in order to ensure notice and consistency statewide. The disciplinary matrix shall take into account aggravating and mitigating factors for establishing a just and proper penalty for the charged misconduct, as required by the California Supreme Court in Skelly v. State Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or mitigating factors may result in the imposition of a greater or a lesser penalty than might otherwise be mandated by the disciplinary matrix.
(b) The director shall adopt a code of conduct for all employees of the department.
(c) The director shall ensure that employees who have reported improper governmental activities and who request services from the department are informed of the services available to them.
(d) The department shall post the code of conduct in locations where employee notices are maintained. On July 1, 2005, and annually thereafter, the department shall send by electronic mail to its employees who have authorized access to electronic mail, the following:
(1) Information regarding the code of conduct.
(2) The duty to report misconduct.
(3) How to report misconduct.
(4) The duty to fully cooperate during investigations.
(5) Assurances against retaliation.
(Added by Stats. 2004, Ch. 738, Sec. 2. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5058.5.

5058.5. In addition to the services rendered by physicians and surgeons, including psychiatrists, or by psychologists, pursuant to Sections 5068 and 5079, physicians and surgeons, including psychiatrists and psychologists, employed by, or under contract to provide mental health services to, the Department of Corrections may also provide the following medically or psychologically necessary services: prescreening of mental disorders; determination of the mental competency of inmates to participate in classification hearings; evaluation of parolees during temporary detention; determining whether mental health treatment should be a condition of parole; and such other services as may be required which are consistent with their licensure.
(Added by Stats. 1984, Ch. 1123, 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5058.6.

5058.6. The Director of the Department of Corrections 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 department shall adopt regulations on the policies and guidelines for the issuance of subpoenas.
(Added by renumbering Section 5058.5 (as added by Stats. 1992, Ch. 695) by Stats. 2001, Ch. 854, Sec. 53. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5058.7.

5058.7. (a) The department shall approve an attorney’s request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time.
(b) For purposes of this section, “confidential call” means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private.
(Added by Stats. 2020, Ch. 333, Sec. 1. (AB 3043) Effective January 1, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5059.

5059. This title shall not affect the powers or jurisdiction of the Department of Transportation as to road camps pursuant to Article 4 (commencing with Section 2760) of Chapter 5 of Title 1 of Part 3.
(Amended by Stats. 1987, Ch. 828, Sec. 148.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5060.

5060. The Director of Corrections may assist persons discharged, paroled, or otherwise released from confinement in an institution of the department and may secure employment for them, and for such purposes he may employ necessary officers and employees, may purchase tools, and give any other assistance that, in his judgment, he deems proper for the purpose of carrying out the objects and spirit of this section. Repayment of cash assistance received under this section from the current, or any prior appropriation, shall be credited to the appropriation current at time of such repayment.
(Added by Stats. 1965, Ch. 1751.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5062.

5062. Whenever any person confined in any state institution subject to the jurisdiction of the Director of Corrections escapes, or is discharged or paroled from that institution, and any personal funds or property of that person remains in the hands of the Director of Corrections, and no demand is made upon the director by the owner of the funds or property or his or her legally appointed representative, all money and other intangible personal property of the person, other than deeds, contracts, or assignments, remaining in the custody or possession of the director shall be held by him or her for a period of three years from the date of that escape, discharge, or parole, for the benefit of that person or his or her successors in interest.
Upon the expiration of the three-year period, any money and other intangible personal property, other than deeds, contracts, or assignments, remaining unclaimed in the custody or possession of the director shall be subject to Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure.
Upon the expiration of one year from the date of that escape, discharge, or parole:
(a) All deeds, contracts, or assignments shall be filed by the director with the public administrator of the county of commitment of that person.
(b) All tangible personal property other than money, remaining unclaimed in his or her custody or possession, shall be sold by the director at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by him or her subject to Section 5008 and subject to Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. If he or she deems it expedient to do so, the director may accumulate the property of several inmates and may sell the property in lots as he or she may determine, provided that he or she makes a determination as to each inmate’s share of the proceeds.
If any tangible personal property covered by this section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify its retention by the director to be offered for sale at public auction or upon a sealed-bid basis at a later date, the director may order it destroyed.
(Amended by Stats. 1992, Ch. 225, Sec. 1. 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 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5063.

5063. Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 5061, and before any personal property or documents are delivered to the public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 5062, of this code, notice of said intended disposition shall be posted at least 30 days prior to the disposition, in a public place at the institution where the disposition is to be made, and a copy of such notice shall be mailed to the last known address of the owner or deceased owner, at least 30 days prior to such disposition. The notice prescribed by this section need not specifically describe each item of property to be disposed of.
(Amended by Stats. 1961, Ch. 1962.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5064.

5064. At the time of delivering any money or other personal property to the Treasurer or Controller under Section 5061 or of Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure, the director shall deliver to the Controller a schedule setting forth a statement and description of all money and other personal property delivered, and the name and last known address of the owner or deceased owner.
(Amended by Stats. 1987, Ch. 828, Sec. 151.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5065.

5065. When any personal property has been destroyed as provided in Section 5061 or 5062, no suit shall thereafter be maintained by any person against the State or any officer thereof for or on account of such property.
(Added by Stats. 1951, Ch. 1708.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5065.5.

5065.5. (a) A person or entity that enters into a contract with a criminal offender for the sale of the story of a crime for which the offender was convicted shall notify the California Department of Corrections and Rehabilitation that the parties have entered into a contract for sale of the offender’s story if both of the following conditions are met:
(1) The offender’s conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7.
(2) Subdivision (b) of Section 340.3 of the Code of Civil Procedure does not preclude commencement of a civil action against the criminal offender.
(b) Within 90 days of being notified, the California Department of Corrections and Rehabilitation shall notify the victim, or if the victim cannot be reasonably notified, a member of the victim’s immediate family, who has requested notification of the existence of a contract described by this section.
(c) For purposes of this section, “member of the victim’s immediate family” means a spouse, child, parent, sibling, grandchild, or grandparent.
(Amended by Stats. 2016, Ch. 86, Sec. 241. (SB 1171) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5066.

5066. The Director of Corrections shall expand the existing prison ombudsman program to ensure the comprehensive deployment of ombudsmen throughout the state prison system with specific focus on the maximum security institutions.
(Amended by Stats. 2004, Ch. 193, Sec. 149. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5069.

5069. (a) The administrative director of the Division of Industrial Accidents shall formulate procedures for the selection and orderly referral of injured inmates of state penal or correctional institutions who may be benefited by rehabilitation services and retrained for other positions upon release from incarceration. The State Department of Rehabilitation shall cooperate in both designing and monitoring results of rehabilitation programs for the disabled inmates. The primary purpose of this section is to rehabilitate injured inmates in order that they might engage in suitable and gainful employment upon their release.
(b) The director shall notify the injured inmate of the availability of rehabilitation services in those cases where there is continuing disability of 28 days and beyond. A copy of such notification shall be forwarded to the State Department of Rehabilitation.
(c) The initiation of a rehabilitation plan shall be the responsibility of the director.
(d) Upon establishment of a rehabilitation plan, the injured inmate shall cooperate in carrying it out.
(e) The injured inmate shall receive such medical and vocational rehabilitative services as may be reasonably necessary to restore him to suitable employment.
(f) The injured inmate’s rehabilitation benefit is an additional benefit and shall not be converted to or replace any workmen’s compensation benefit available to him.
(Added by Stats. 1976, Ch. 1347.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5070.

5070. Notwithstanding any other provision of law, the sex of a prison inmate shall not prevent the Director of Corrections from assigning any prison inmate to academic or vocational training programs situated in correctional institutions established for the incarceration of offenders of the opposite sex.
(Added by Stats. 1978, Ch. 685.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5071.

5071. (a) The Secretary of the Department of Corrections and Rehabilitation shall not assign any prison inmate to employment that provides that inmate with 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.
(b) Any person who is a prison inmate, and who has access to any personal information, shall disclose that they are a prison inmate 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. 51. (AB 1096) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 7 - ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM › CHAPTER 2 - The Secretary of the Department of Corrections and Rehabilitation › Section 5073.

5073. (a) When jurisdiction of an inmate is transferred from or between the Department of Corrections and Rehabilitation, the State Department of State Hospitals, and county agencies caring for inmates, these agencies shall disclose, by electronic transmission when possible, mental health records for any transferred inmate who received mental health services while in the custody of the transferring facility. The mental health records shall be disclosed at the time of transfer or within seven days of the transfer of custody, except when the person is transferred to a state hospital when the records shall be provided prior to, or at the time of, transfer.
(b) Mental health records shall be disclosed by and between a county correctional facility, county medical facility, state correctional facility, state hospital, or state-assigned mental health provider to ensure sufficient mental health history is available for the purpose of satisfying the requirements of Section 2962 for inmate evaluations and to ensure the continuity of mental health treatment of an inmate being transferred between those facilities.
(c) For the purpose of this section, “mental health records” includes, but is not limited to, the following:
(1) Clinician assessments, contact notes, and progress notes.
(2) Date of mental health treatment and services.
(3) Incident reports.
(4) List of an inmate’s medical conditions and medications.
(5) Psychiatrist assessments, contact notes, and progress notes.
(6) Suicide watch, mental health crisis, or alternative housing placement records.
(d) All transmissions made pursuant to this section shall comply with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code, the Information Practices Act of 1977 Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (HITECH) (Public Law 111-005), and the corresponding implementing regulations relating to privacy and security in Parts 160 and 164 of Title 45 of the Code of Federal Regulations.
(Added by Stats. 2022, Ch. 968, Sec. 2. (AB 2526) Effective January 1, 2023.)
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.

5075. (a) There is hereby created the Board of Parole Hearings. Any reference to the Board of Prison Terms in this code or any other law refers to the Board of Parole Hearings. As of July 1, 2005, the Board of Prison Terms is abolished.
(b) (1) The Governor shall appoint 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Except as specified in paragraph (3), commissioners shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. An appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Commissioners are eligible for reappointment.
(2) The terms of the commissioners shall expire as follows:
(A) Seven shall expire on July 1, 2022.
(B) Seven shall expire on July 1, 2023.
(C) Seven shall expire on July 1, 2024.
(3) The terms of the four commissioners whose positions were created by the act that increased the number of commissioners to 21 in paragraph (1) shall begin on July 1, 2021, and shall be as follows: one commissioner’s term shall be for one year, two commissioners’ terms shall be for two years, and one commissioner’s term shall be for three years.
(4) The selection of persons and their appointment by the Governor and confirmation by the Senate shall reflect as nearly as possible a cross section of the racial, sexual orientation, gender identity, economic, and geographic features of the population of the state.
(c) The Governor may designate a chairperson of the board periodically. The Governor shall appoint an executive officer of the board, subject to Senate confirmation, who shall hold office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. The executive officer shall be the appointing authority for all civil service positions of employment with the board.
(d) Each commissioner shall participate in hearings on each workday, except if it is necessary for a commissioner to attend training, en banc hearings or full board meetings, or other administrative business requiring the participation of the commissioner. For purposes of this subdivision, these hearings include parole consideration hearings and parole rescission hearings.
(Amended by Stats. 2021, Ch. 80, Sec. 15. (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 5075.1.

5075.1. The Board of Parole Hearings shall do all of the following:
(a) Conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults under the jurisdiction of the department.
(b) Conduct mentally disordered offender hearings.
(c) Conduct sexually violent predator hearings.
(d) Review inmates’ requests for reconsideration of denial of good-time credit and setting of parole length or conditions, pursuant to Section 5077.
(e) Determine revocation of parole for adult offenders under the jurisdiction of the Division of Adult Parole Operations, pursuant to Section 5077.
(f) Conduct studies pursuant to Section 3150 of the Welfare and Institutions Code.
(g) Investigate and report on all applications for reprieves, pardons, and commutation of sentence, as provided in Title 6 (commencing with Section 4800) of Part 3.
(h) Exercise other powers and duties as prescribed by law.
(i) Effective January 1, 2007, all commissioners appointed and trained to hear juvenile parole matters, together with their duties prescribed by law as functions of the Board of Parole Hearings concerning wards under the jurisdiction of the Department of Corrections and Rehabilitation, are transferred to the Director of the Division of Juvenile Justice. All applicable regulations in effect at the time of transfer shall be deemed to apply to those commissioners until new regulations are adopted.
(Amended by Stats. 2016, Ch. 33, Sec. 25. (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 3 - The Board of Parole Hearings › Section 5075.5.

5075.5. All commissioners and deputy commissioners who conduct hearings for the purpose of considering the parole suitability of prisoners or the setting of a parole release date for prisoners, shall receive initial training on domestic violence cases and intimate partner battering and its effects.
(Amended by Stats. 2005, Ch. 215, Sec. 4. Effective January 1, 2006.)