Penal Code — Part 20 | PEN — United States — California law | Esheria

Penal Code

Part 20 of 29 · provisions 3,801–4,000

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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.

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Provisions of Penal Code

Showing 200 of 5,647

  1. 4014.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The sheriff may hire a temporary guard for the county jail or prisoners, but only when necessary and with written assent from the county judge or, in a city, the mayor.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  2. 4015.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The sheriff must receive people committed to jail, and the county board of supervisors must provide necessary food, clothing, and bedding for prisoners at minimum required standards, with costs generally paid from the county treasury.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  3. 4016.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A sheriff generally does not have to receive a person committed in a civil case unless money is deposited to cover necessary food, clothing, and bedding.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  4. 4016.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Cities and counties can be reimbursed for certain jail detention costs, but claims must be timely and the reimbursement must be used for jail-related purposes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4016.5. A city or county shall be reimbursed by the Department of Corrections and Rehabilitation for costs incurred resulting from the detention of a state prisoner or a person sentenced or referred to the state prison when the detention meets any of the following conditions: (a) (1) The detention results from a new commitment, or a referral pursuant to Section 1203.03, once the abstract of judgment has been completed, the department’s intake control unit has been notified by the county that the prisoner is ready to be transported pursuant to Section 1216, and the department is unable to accept delivery of the prisoner. The reimbursement shall be provided for each day starting on the day following the fifth working day after the date of notification by the county, if the prisoner remains ready to be delivered and the department is unable to receive the prisoner. If a county delivers or attempts to deliver a person to the department without the prior notification required by this paragraph, the date of the delivery or attempted delivery shall be recognized as the notification date pursuant to this paragraph. The notification and verification required by the county for prisoners ready to be transported, and reimbursement provided to the county for prisoners that the department is unable to receive, shall be made pursuant to procedures established by the department. (2) A city or county shall be reimbursed by the department from funds appropriated in Item 5240-001-0001 of the annual Budget Act for costs incurred pursuant to this subdivision. (3) The reimbursement required by this section shall be expended for maintenance, upkeep, and improvement of jail conditions, facilities, and services. Before the county is reimbursed by the department, the total amount of all charges against that county authorized by law for services rendered by the department shall be first deducted from the gross amount of reimbursement authorized by this section. The net reimbursement shall be calculated and paid monthly by the department. The department shall withhold all or part of the net reimbursement to a county whose jail facility or facilities do not conform to minimum standards for local detention facilities as authorized by Section 6030 only if the county is failing to make reasonable efforts to correct differences, with consideration given to the resources available for those purposes. (4) “Costs incurred resulting from the detention,” as used in this section, shall include the same cost factors as are utilized by the Department of Corrections and Rehabilitation in determining the cost of prisoner care in state correctional facilities. (b) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred. (c) The changes to this section made by the act that added this subdivision shall be effective on October 1, 2011. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 52. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  5. 4017.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Certain incarcerated people may be ordered to do public-works and fire-suppression labor, and that work must be directly supervised by an employee whose duties include fire prevention and suppression.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  6. 4017.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    People in specified county jail, camp, or work-furlough settings generally may not be assigned work that gives access to private individuals’ personal information, and they must say they are confined before taking personal information.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  7. 4017.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    If a person is held in a city or county jail for a fixed contempt term in a noncriminal matter, the laws on labor or work for similar criminal jail sentences apply. This section does not allow confinement that violates Section 4001.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  8. 4018.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    If the board of supervisors makes the order, it may set and enforce rules for the labor and may provide distinctive clothing for the prisoners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  9. 4018.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County sheriffs and chief county probation officers must give certain drug-offense inmates HIV/AIDS prevention information, and the Health Services Director must approve the protocols.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  10. 4018.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The sheriff or other county correctional official may arrange vocational training, rehabilitation, and adult education classes for prisoners, but only with the required board approval.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  11. 4018.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The county sheriff may authorize temporary inmate removal or release for family emergencies or preparation for return to the community, if the inmate is fit, and the absence cannot exceed three days.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 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.)
  12. 4019.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The sheriff or county director of corrections may, at their discretion, give extra jail time credits to eligible inmates in certain work or job training programs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4019.1. (a) Notwithstanding any other law, the sheriff or county director of corrections may, at his or her discretion, award additional time credits to any inmate sentenced to the county jail who participates in an in-custody work or job training program other than those specified in Section 4019.2, and who is eligible to receive one day of credit for every one day of incarceration pursuant to Section 4019. The sheriff or county director of corrections may instead award one and one-half days of credit for every one day of incarceration while satisfactorily participating in work or job training subject to this section. (b) As used in this section, a work or job training program includes, but is not limited to, any inmate working on an industrial farm or industrial road camp as authorized in Section 4101, an environmental improvement and preservation program, or projects such as forest and brush fire prevention, forest, brush, and watershed management, fish and game management, soil conservation, and forest and watershed revegetation. (Added by Stats. 2013, Ch. 32, Sec. 12. (SB 76) Effective June 27, 2013.)
  13. 4019.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Certain inmates and hand crew members can earn enhanced credits, and the Department of Corrections and Rehabilitation and counties must maintain dispute-resolution regulations.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4019.2. (a) Notwithstanding any other law, any inmate sentenced to county jail assigned to a conservation camp by a sheriff and who is eligible to earn one day of credit for every one day of incarceration pursuant to Section 4019 shall instead earn two days of credit for every one day of service. (b) Notwithstanding any other law, any inmate who has completed training for assignment to a conservation camp or to a state or county facility as an inmate firefighter or who is assigned to a county or state correctional institution as an inmate firefighter and who is eligible to earn one day of credit for every one day of incarceration pursuant to Section 4019 shall instead earn two days of credit for every one day served in that assignment or after completing that training. (c) (1) In addition to the credits received pursuant to subdivision (b), incarcerated individual hand crew members shall be paid an hourly wage equal to seven dollars and twenty-five cents ($7.25) while assigned to an active fire incident. The wage rate shall be reviewed annually. (2) The Department of Corrections and Rehabilitation shall maintain regulations regarding an administrative adjudication and remedy process for any dispute over sums owed pursuant to this section for incarcerated individual hand crew members assigned to a state conservation camp, facility, or institution. (3) A county shall maintain regulations regarding an administrative adjudication and remedy process for any disputes over sums owed pursuant to this section for incarcerated individual hand crew members assigned to that county’s conservation camp, facility, or institution. (d) In addition to credits granted pursuant to subdivision (a) or (b), inmates who have successfully completed training for firefighter assignments shall receive a credit reduction from their term of confinement. (e) The credits authorized in subdivisions (b) and (d) shall only apply to inmates who are eligible after October 1, 2011. (Amended by Stats. 2025, Ch. 681, Sec. 2. (AB 247) Effective October 13, 2025.)
  14. 4019.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The board of supervisors may give a prisoner money credit if the prisoner is in or committed to a county jail and does a work assignment.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4019.3. The board of supervisors may credit each prisoner with a sum of money to be determined by the board if the prisoner is confined in or committed to a county jail and performs a work assignment. (Amended by Stats. 2025, Ch. 252, Sec. 1. (AB 248) Effective January 1, 2026.)
  15. 4019.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A sheriff or county director of corrections may award inmates program credits for approved rehabilitation programs, but must adopt guidelines and apply limits on how much credit can be earned and used.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4019.4. (a) (1) In addition to credit awarded pursuant to Section 4019, a sheriff or county director of corrections may also award an inmate program credit reductions from his or her term of confinement as provided in this section. A sheriff or county director of corrections who elects to participate in this credit reduction program shall create guidelines that provide for credit reductions for inmates who successfully complete specific program performance objectives for approved rehabilitative programming, including, but not limited to, credit reduction of not less than one week to credit reduction of not more than six weeks for each performance milestone. (2) Guidelines adopted by a sheriff or county director of corrections pursuant to this subdivision shall specify the credit reductions applicable to distinct objectives in a schedule of graduated program performance objectives concluding with the successful completion of an in-custody rehabilitation program. Upon adopting the guidelines, the sheriff or county director of corrections shall thereafter calculate and award credit reductions authorized by this section. An inmate may not have his or her term of imprisonment reduced by more than six weeks for credits awarded pursuant to this section during any 12-month period of continuous confinement. (b) Program credit is a privilege, not a right. An inmate shall have a reasonable opportunity to participate in program credit qualifying assignments in a manner consistent with institutional security, available resources, and guidelines set forth by the sheriff or county director of corrections. (c) As used in this section, “approved rehabilitation programming” includes, but is not limited to, academic programs, vocational programs, vocational training, substance abuse programs, and core programs such as anger management and social life skills. (d) Credits awarded pursuant to this section may be forfeited pursuant to the provisions of Section 4019. An inmate shall not be eligible for program credits that result in him or her being overdue for release. (e) This section applies to sentenced and unsentenced inmates confined in a county jail. (f) (1) Nothing in this section shall prevent a person who has not been sentenced from participating in an approved rehabilitation program pursuant to this section. (2) If a person is awarded credits prior to sentencing, the credits shall be applied to a sentence for the offense for which the person was awaiting sentence when the credits were awarded in the same manner as all other credits awarded. (g) Evidence that an inmate has participated in, or attempted to participate in, an approved rehabilitation program eligible for credit pursuant to this section is not admissible in any proceeding as an admission of guilt. (Amended by Stats. 2016, Ch. 36, Sec. 1. (AB 1597) Effective January 1, 2017.)
  16. 4019.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Jail and prison officials must not give prisoners disciplinary power over other prisoners, must not knowingly allow prisoner-run “kangaroo courts” or “sanitary committees,” and must keep a record of disciplinary infractions and punishments.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4019.5. (a) “Kangaroo court” as used in this section means a mock court conducted by any prisoner or group of prisoners for the purpose of inflicting punishment upon any fellow prisoner in any prison, jail, jail camp, or other place of detention. (b) “Sanitary committee” means a committee of prisoners formed ostensibly for the purpose of enforcing institutional sanitation but actually used for the purpose of inflicting punishment on any fellow prisoner, or group of prisoners in any prison, jail, jail camp, or other place of detention. (c) It is unlawful for any sheriff, deputy sheriff, police officer, warden or keeper of a jail to delegate to any prisoner or group of prisoners, authority to exercise the right of punishment over any other prisoner or group of prisoners in any county or city prison, jail, jail camp, or other place of detention at which any person charged with or convicted of crime is detained. (d) It is unlawful for any sheriff, deputy sheriff, police officer, warden or keeper of a jail to knowingly permit any prisoner or group of prisoners to assume authority over any other prisoner or group of prisoners by the operation of “kangaroo courts” or “sanitary committees.” (e) Every public official in charge of a prison, jail or other place of detention shall keep a record of all disciplinary infractions and punishment administered therefor. (f) This section shall not prevent the use of skilled inmates, under adequate and proper supervision and guidance of jailers or other employed personnel, as instructors of other inmates in the performance of assigned work, if that relationship does not include the exercise of disciplinary authority. (Amended by Stats. 1996, Ch. 872, Sec. 124. Effective January 1, 1997.)
  17. 402.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor to go to or stop at an emergency scene to watch, or to knowingly interfere with a lifeguard’s emergency duties, when those actions impede emergency response.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 402. (a) (1) Every person who goes to the scene of an emergency, or stops at the scene of an emergency, for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with the emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person’s employment to view that scene or those activities, and thereby impedes police officers, firefighters, emergency medical, or other emergency personnel or military personnel, in the performance of their duties in coping with the emergency, is guilty of a misdemeanor. (2) For purposes of this subdivision, a person shall include a person, regardless of his or her location, who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone that is at the scene of an emergency. (b) Every person who knowingly resists or interferes with the lawful efforts of a lifeguard in the discharge or attempted discharge of an official duty in an emergency situation, when the person knows or reasonably should know that the lifeguard is engaged in the performance of his or her official duty, is guilty of a misdemeanor. (c) For the purposes of this section, an emergency includes a condition or situation involving injury to persons, damage to property, or peril to the safety of persons or property, which results from a fire, an explosion, an airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a powerplant accident, a toxic chemical or biological spill, or any other natural or human-caused event. (Amended by Stats. 2016, Ch. 817, Sec. 1. (AB 1680) Effective January 1, 2017.)
  18. 4020.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    If certain local health officials issue a written certificate or order, the sheriff or jail officer must cut the hair of qualifying misdemeanor prisoners to a uniform length of one and one-half inches.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4020. Whenever the board of health of any city or county, or the board of supervisors of any county, or the county physician of any county of this State, presents, or causes to be presented to the sheriff, or other officer having charge of any county jail or prison in any county or city, in this State, a certificate, or order, in writing, to the effect that it is by them, or him, considered necessary for the purpose of protecting the public health, or to prevent the introduction or spreading of disease, or to protect or improve the health of criminals under sentence, that the hair of any criminal or criminals be cut, such sheriff, or other officer, must cut, or cause to be cut, the hair of any such person or persons in his charge convicted of a misdemeanor and sentenced to a longer term of imprisonment than 15 days, to a uniform length of one and one-half inches from the scalp of such person or persons so imprisoned. (Added by Stats. 1941, Ch. 106.)
  19. 4020.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    In counties with more than 275,000 people, a female deputy sheriff must be in charge of female prisoners, and the county sheriff must appoint that deputy.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4020.4. In every county having a population of more than 275,000, there shall be a female deputy sheriff in charge of female prisoners. The sheriff of the county shall appoint the female deputy sheriff in charge of female prisoners. (Amended by Stats. 1969, Ch. 643.)
  20. 4020.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A female deputy sheriff or other suitable woman assigned to jail duty must have access to female prisoners, conduct searches of female prisoners, and use her best abilities to support their health, welfare, and reformation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4020.7. The duties and powers of the female deputy sheriff or other suitable woman assigned to jail duty shall be as follows: (a) She shall have free access at all reasonable times to the immediate presence of all female prisoners in the county jail to which she is assigned, including the right of personal visitation and conversation with them, and in all cases of searching the persons of female prisoners in such jail, the female deputy sheriff shall make such search; (b) The female deputy sheriff or other suitable woman shall by example, advice, and admonition employ her best abilities to secure and promote the health, welfare, and reformation of all such prisoners. (Amended by Stats. 1969, Ch. 643.)
  21. 4020.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County jail staff must let the qualified female deputy sheriff or another suitable woman with care of female prisoners access female prisoners, must not let anyone else search female prisoners, and must not obstruct those women’s duties.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4020.8. No officer, deputy, jailer, keeper, guard, or person having charge or control of any such county jail shall refuse the duly appointed and qualified female deputy sheriff thereof, or other suitable woman having the care of female prisoners, free access at all reasonable times to the immediate presence of all female prisoners therein, including the right of visitation and conversation with them, or in such jail allow the searching of the person of a female prisoner to be made except by the female deputy sheriff of such jail or other suitable woman, or obstruct the performance by the female deputy sheriff, or other suitable woman, of her official duties. (Amended by Stats. 1969, Ch. 643.)
  22. 4021.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Officers, jailers, station officers, and custodial personnel may not search or enter the room or cell of a prisoner of the opposite sex unless accompanied by an employee of the prisoner’s same sex. Female prisoners in a local detention facility must have an appropriately trained female custodial person assigned, available, and accessible for supervision.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4021. (a) Whenever any female prisoner or prisoners are confined in any local detention facility in the state there shall be an appropriately trained female custodial person assigned, available, and accessible for the supervision of the female prisoners. (b) It shall be unlawful for any officer, station officer, jailer, or custodial personnel to search the person of any prisoner of the opposite sex, or to enter into the room or cell occupied by any prisoner of the opposite sex, except in the company of an employee of the same sex as the prisoner. Except as provided herein, the provisions of this subdivision shall not be applied to discriminate against any employee by prohibiting appointment or work assignment on the basis of the sex of the employee. As used in this subdivision “station officer” means an unarmed civilian employee who assists a peace officer in the processing of persons who have been arrested and who performs duties including, but not limited to, booking and fingerprinting and maintaining custody and control of persons who have been arrested. As used in this subdivision, “employee” means a deputy sheriff, correctional officer, custodial officer, medical staff person or designated civilian employee whose duties may include, but are not limited to, maintaining custody and control of persons who have been arrested or sentenced, or both. (Amended by Stats. 1984, Ch. 986, Sec. 1.)
  23. 4022.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A misdemeanor prisoner may be confined in a city jail, if the city consents, when the law otherwise calls for confinement in a county jail.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4022. Whenever by the terms of this code, or of any other law of the state, it is provided that a prisoner shall be confined in any county jail, such provision shall be construed to authorize any prisoner convicted of a misdemeanor to be confined, with the consent of the city, in any city jail in the judicial district in which the offense was committed, and as to such prisoner so confined in such city jail, the designations, county jail and city jail shall be interchangeable, and in such case the obligations to which the county is liable in case of confinement in a county jail, shall become liabilities of the city where such prisoner is confined in a city jail. (Amended by Stats. 1998, Ch. 931, Sec. 434. Effective September 28, 1998.)
  24. 4023.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Jails averaging more than 100 confined persons must have a licensed physician available at all times, and prisoners may choose their own treatment at their own expense.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4023. Whenever the daily average of more than 100 persons are confined in any county or city jail there shall be available at all times a duly licensed and practicing physician for the care and treatment of all persons confined therein. Such daily average shall be determined by the number of persons confined in such jails during the last fiscal year. For county jails, such physician shall be designated by the sheriff. The salary of such physician shall be fixed by the supervisors of the county and shall be paid out of the same fund of the county as other claims against the county for salaries are paid. For city jails, such physician shall be designated and his salary fixed by the council of the city and shall be paid out of the general fund of such city. Any prisoner may decline such care or treatment and provide other care or treatment for himself at his own expense. In the event a prisoner elects to decline treatment by the county or city jail physician and to provide medical treatment at his own expense, the sheriff or chief of police may have him removed from the county or city jail to a privately owned and operated medical facility or hospital located in the county approved by a judge of the superior court for such treatment. The prisoner shall be liable for the costs incurred by the county or city in providing the necessary custody and security of the prisoner only to the extent that such costs exceed the costs which would have been incurred by the county or city in providing such custody and security if it had provided treatment for him. The prisoner shall at all times remain in the location specified by the court and at no time be permitted to be housed or detained at any facility other than that designated. (Amended by Stats. 1970, Ch. 683.)
  25. 4023.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    People confined in a local detention facility must be allowed to use menstrual hygiene materials at no cost, and may request birth control materials as prescribed. Counties must provide family planning information, offer family planning services before release, and provide release-time family planning support on request.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4023.5. (a) A person confined in a local detention facility shall be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons, at no cost to the incarcerated person. A person confined in a local detention facility shall, upon request, be allowed to continue to use materials necessary for birth control measures as prescribed by a physician, nurse practitioner, certified nurse-midwife, or physician assistant. (b) A person confined in a local detention facility shall be furnished by the county with information and education regarding the availability of family planning services. (c) Family planning services shall be offered to a person confined in a local detention facility at least 60 days prior to a scheduled release date. Upon request, a person shall be furnished by the county with the services of a licensed physician or they shall be furnished by the county or by any other agency that contracts with the county with services necessary to meet their family planning needs at the time of the person’s release. (d) For the purposes of this section, “local detention facility” means a city, county, or regional facility used for the confinement of any prisoner for more than 24 hours. (Amended by Stats. 2024, Ch. 939, Sec. 2. (AB 1810) Effective January 1, 2025.)
  26. 4023.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

    Verify source ↗

    In a local detention facility, an incarcerated person has a right to receive pregnancy-testing services from a provider of their choice, and if pregnant, to needed medical and surgical services from a provider of their choice.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4023.6. (a) Any incarcerated person in any local detention facility shall have the right to summon and receive the services of any physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice in order to determine whether they are pregnant. The superintendent of the facility may adopt reasonable rules and regulations with regard to the conduct of examinations to effectuate the determination. (b) If the incarcerated person is found to be pregnant, they are entitled to a determination of the extent of the medical and surgical services needed and to the receipt of such services from the physician, nurse practitioner, certified nurse midwife, or physician assistant of their choice. Any expenses occasioned by the services of a physician, nurse practitioner, certified nurse midwife, or physician assistant whose services are not provided by the facility shall be borne by the incarcerated person. (c) For the purposes of this section, “local detention facility” means any city, county, or regional facility used for the confinement of any female prisoner for more than 24 hours. (d) (1) Any physician providing services pursuant to this section shall possess a current, valid, and unrevoked certificate to engage in the practice of medicine issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (2) A nurse practitioner providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code. (3) A certified nurse midwife providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code. (4) A physician assistant providing services pursuant to this section shall possess a current, valid, and unrevoked certificate issued pursuant to Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. (e) The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. (Amended by Stats. 2020, Ch. 321, Sec. 6. (AB 732) Effective January 1, 2021.)
  27. 4023.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County jails must offer pregnancy-related testing, counseling, medical care, transport protections, and postpartum recovery measures for incarcerated pregnant people.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4023.8. (a) A person incarcerated in a county jail who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration shall be offered a pregnancy test upon intake or by request, within seventy-two hours of arrival at the jail. Pregnancy tests shall be voluntary and not mandatory, and may only be administered by medical or nursing personnel. An incarcerated person who declines a pregnancy test shall be asked to sign an “Informed Refusal of Pregnancy Test” form that shall become part of their medical file. (b) An incarcerated person with a positive pregnancy test result shall be offered comprehensive and unbiased options counseling that includes information about prenatal health care, adoption, and abortion. This counseling shall be furnished by a licensed health care provider or counselor who has been provided with training in reproductive health care and shall be nondirective, unbiased, and noncoercive. Jail staff shall not urge, force, or otherwise influence a pregnant person’s decision. (c) A jail shall not confer authority or discretion to nonmedical jail staff to decide if a pregnant person is eligible for an abortion. If a pregnant person decides to have an abortion, that person shall be offered, but not forced to accept, all due medical care and accommodations until they are no longer pregnant. A pregnant person who decides to have an abortion shall be referred to a licensed professional specified in subdivision (b) of Section 2253 of Business and Professions Code. (d) A person incarcerated in a county jail who is confirmed to be pregnant shall, within seven days of arriving at the jail, be scheduled for a pregnancy examination with a physician, nurse practitioner, certified nurse midwife, or physician assistant. The examination shall include all of the following: (1) A determination of the gestational age of the pregnancy and the estimated due date. (2) A plan of care, including referrals for specialty and other services to evaluate for the presence of chronic medical conditions or infectious diseases, and to use health and social status of the incarcerated person to improve quality of care, isolation practices, level of activities, and bed assignments, and to inform appropriate specialists in relationship to gestational age and social and clinical needs, and to guide use of personal protective equipment and additional counseling for prevention and control of infectious diseases, if needed. (3) The ordering of prenatal labs and diagnostic studies, as needed based on gestational age or existing or newly diagnosed health conditions. (e) Incarcerated pregnant persons shall be scheduled for prenatal care visits in accordance with medical standards outlined in the most current edition of Guidelines for Perinatal Care developed by the American Academy of Pediatrics (AAP) and the American College of Obstetricians and Gynecologists (ACOG) Committee on Obstetric Practice, unless more frequent visits are indicated by the physician, nurse practitioner, certified nurse midwife, or physician assistant. (f) Incarcerated pregnant persons shall be provided access to both of the following: (1) Prenatal vitamins, to be taken on a daily basis, in accordance with medical standards of care. (2) Newborn care that includes access to appropriate assessment, diagnosis, care, and treatment for infectious diseases that may be transmitted from a birthing person to the birthing person’s infant, such as HIV or syphilis. (g) Incarcerated pregnant persons housed in a multitier housing unit shall be assigned lower bunk and lower tier housing. (h) Incarcerated pregnant persons shall not be tased, pepper sprayed, or exposed to other chemical weapons. (i) Incarcerated pregnant persons who have used opioids prior to incarceration, either by admission or written documentation by a probation officer, or who are currently receiving methadone treatment, shall be offered medication assisted treatment with methadone or buprenorphine, pursuant to Section 11222 of the Health and Safety Code, and shall be provided information on the risks of withdrawal. (j) An eligible incarcerated pregnant person or person who gives birth after incarceration in the jail shall be provided notice of, access to, and written application for, community-based programs serving pregnant, birthing, or lactating incarcerated persons. (k) Each incarcerated pregnant person shall be referred to a social worker who shall do all of the following: (1) Discuss with the incarcerated person the options available for feeding, placement, and care of the child after birth, including the benefits of lactation. (2) Assist the incarcerated pregnant person with access to a phone in order to contact relatives regarding newborn placement. (3) Oversee the placement of the newborn child. (l) An incarcerated pregnant person shall be temporarily taken to a hospital outside the jail for the purpose of giving childbirth and shall be transported in the least restrictive way possible and in accordance with Section 3407. An incarcerated pregnant person shall not be shackled to anyone else during transport. An incarcerated pregnant person in labor or presumed to be in labor shall be treated as an emergency and shall be transported to the outside facility, accompanied by jail staff. (m) An incarcerated pregnant person may elect to have a support person present during labor, childbirth, and during postpartum recovery while hospitalized. The support person may be an approved visitor or the jail’s staff designated to assist with prenatal care, labor, childbirth, lactation, and postpartum care. (n) All pregnant and postpartum incarcerated persons shall receive appropriate, timely, culturally responsive, and medically accurate and comprehensive care, evaluation, and treatment of existing or newly diagnosed chronic conditions, including mental health disorders and infectious diseases. (o) An incarcerated pregnant person in labor and delivery shall be given the maximum level of privacy possible during the labor and delivery process. If a guard is present, they shall be stationed outside the room rather than in the room absent extraordinary circumstances. If a guard must be present in the room, the guard shall stand in a place that grants as much privacy as possible during labor and delivery. A guard shall be removed from the room if a professional who is currently responsible for the medical care of a pregnant incarcerated person during a medical emergency, labor, delivery, or recovery after delivery determines that the removal of the guard is medically necessary. (p) Upon return to jail, the physician, nurse practitioner, certified nurse midwife, or physician assistant shall provide a postpartum examination within one week from childbirth and as needed for up to 12 weeks postpartum, and shall determine whether the incarcerated person may be cleared for full duty or if medical restrictions are warranted. Postpartum individuals shall be given at least 12 weeks of recovery after any childbirth before they are required to resume normal activity. (q) The rights provided for incarcerated persons by this section shall be posted in at least one conspicuous place to which all incarcerated persons have access. (Added by Stats. 2020, Ch. 321, Sec. 7. (AB 732) Effective January 1, 2021.)
  28. 4024.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The sheriff may release prisoners, and may offer a voluntary short-stay program after release, but prisoners can revoke consent and jails cannot hold them longer without express written consent.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4024. (a) The sheriff may discharge any prisoner from the county jail at such time on the last day such prisoner may be confined as the sheriff shall consider to be in the best interests of the prisoner. (b) (1) Upon completion of a sentence served by a prisoner or the release of a prisoner ordered by the court to be effected the same day, including prisoners who are released on their own recognizance, have their charges dismissed by the court, are acquitted by a jury, are cited and released on a misdemeanor charge, have posted bail, or have the charges against them dropped by the prosecutor, the sheriff may offer a voluntary program to the prisoner that would allow that prisoner to stay in the custody facility for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the prisoner the ability to be discharged to a treatment center or during daytime hours. The prisoner may revoke his or her consent and be discharged as soon as possible and practicable. (2) This subdivision does not prevent the early release of prisoners as otherwise allowed by law or allow jails to retain prisoners any longer than otherwise required by law without the prisoner’s express written consent. (3) Offering this voluntary program is an act of discretion within the meaning of Section 820.2 of the Government Code. (4) If a prisoner has posted bail and elects to participate in this program, he or she shall notify the bail agent as soon as possible and practicable of his or her decision to participate. (5) A sheriff offering this program shall, whenever possible, allow the prisoner volunteering to participate in the program to make a telephone call to either arrange for transportation, or to notify the bail agent pursuant to paragraph (4), or both. (Amended by Stats. 2014, Ch. 90, Sec. 2. (SB 833) Effective January 1, 2015.)
  29. 4024.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A jail official may ask the superior court for permission to release inmates early, and may do so only when the jail is overcrowded and within the stated limits.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4024.1. (a) The sheriff, chief of police, or any other person responsible for a county or city jail may apply to the presiding judge of the superior court to receive general authorization for a period of 30 days to release inmates pursuant to the provisions of this section. (b) Whenever, after being authorized by a court pursuant to subdivision (a), the actual inmate count exceeds the actual bed capacity of a county or city jail, the sheriff, chief of police, or other person responsible for such county or city jail may accelerate the release, discharge, or expiration of sentence date of sentenced inmates up to a maximum of 30 days. (c) The total number of inmates released pursuant to this section shall not exceed a number necessary to balance the inmate count and actual bed capacity. (d) Inmates closest to their normal release, discharge, or expiration of sentence date shall be given accelerated release priority. (e) The number of days that release, discharge, or expiration of sentence is accelerated shall in no case exceed 10 percent of the particular inmate’s original sentence, prior to the application thereto of any other credits or benefits authorized by law. (Amended by Stats. 2012, Ch. 43, Sec. 54. (SB 1023) Effective June 27, 2012.)
  30. 4024.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Counties may set up a voluntary work release program for jail participants, with rules, credit options, and custody-retake procedures.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4024.2. (a) Notwithstanding any other law, the board of supervisors of any county may authorize the sheriff or other official in charge of county correctional facilities to offer a voluntary program under which any person committed to the facility may participate in a work release program pursuant to criteria described in subdivision (b), in which one day of participation will be in lieu of one day of confinement. (b) The criteria for a work release program are the following: (1) The work release program shall consist of any of the following: (A) Manual labor to improve or maintain levees or public facilities, including, but not limited to, streets, parks, and schools. (B) Manual labor in support of nonprofit organizations, as approved by the sheriff or other official in charge of the correctional facilities. As a condition of assigning participants of a work release program to perform manual labor in support of nonprofit organizations pursuant to this section, the board of supervisors shall obtain workers’ compensation insurance which shall be adequate to cover work-related injuries incurred by those participants, in accordance with Section 3363.5 of the Labor Code. (C) Performance of graffiti cleanup for local governmental entities, including participation in a graffiti abatement program as defined in subdivision (f) of Section 594, as approved by the sheriff or other official in charge of the correctional facilities. (D) Performance of weed and rubbish abatement on public and private property pursuant to Chapter 13 (commencing with Section 39501) of Part 2 of Division 3 of Title 4 of the Government Code, or Part 5 (commencing with Section 14875) or Part 6 (commencing with Section 14930) of Division 12 of the Health and Safety Code, as approved by the sheriff or other official in charge of the correctional facilities. (E) Performance of house repairs or yard services for senior citizens and the performance of repairs to senior centers through contact with local senior service organizations, as approved by the sheriff or other official in charge of the correctional facilities. Where a work release participant has been assigned to this task, the sheriff or other official shall agree upon in advance with the senior service organization about the type of services to be rendered by the participant and the extent of contact permitted between the recipients of these services and the participant. (F) Any person who is not able to perform manual labor as specified in this paragraph because of a medical condition, physical disability, or age, may participate in a work release program involving any other type of public sector work that is designated and approved by the sheriff or other official in charge of county correctional facilities. (2) The sheriff or other official may permit a participant in a work release program to receive work release credit for documented participation in educational programs, vocational programs, substance abuse programs, life skills programs, or parenting programs. Participation in these programs shall be considered in lieu of performing labor in a work release program, with eight work-related hours to equal one day of custody credit. (3) The work release program shall be under the direction of a responsible person appointed by the sheriff or other official in charge. (4) (A) The hours of labor to be performed pursuant to this section shall be uniform for all persons committed to a facility in a county and may be determined by the sheriff or other official in charge of county correctional facilities, and each day shall be a minimum of 8 and a maximum of 10 hours, in accordance with the normal working hours of county employees assigned to supervise the programs. However, reasonable accommodation may be made for participation in a program under paragraph (2). (B) As used in this section, “nonprofit organizations” means organizations established or operated for the benefit of the public or in support of a significant public interest, as set forth in Section 501(c)(3) of the Internal Revenue Code. Organizations established or operated for the primary purpose of benefiting their own memberships are excluded. (c) (1) The board of supervisors may prescribe reasonable rules and regulations under which a work release program is operated and may provide that participants wear clothing of a distinctive character while performing the work. As a condition of participating in a work release program, a person shall give their promise to appear for work or assigned activity by signing a notice to appear before the sheriff or at the education, vocational, or substance abuse program at a time and place specified in the notice and shall sign an agreement that the sheriff may immediately retake the person into custody to serve the balance of the person’s sentence if the person fails to appear for the program at the time and place agreed to, does not perform the work or activity assigned, or for any other reason is no longer a fit subject for release under this section. A copy of the notice shall be delivered to the person and a copy shall be retained by the sheriff. Any person who willfully violates their written promise to appear at the time and place specified in the notice is guilty of a misdemeanor. (2) Whenever a peace officer has reasonable cause to believe the person has failed to appear at the time and place specified in the notice or fails to appear or work at the time and place agreed to or has failed to perform the work assigned, the peace officer may, without a warrant, retake the person into custody, or the court may issue an arrest warrant for the retaking of the person into custody, to complete the remainder of the original sentence. A peace officer may not retake a person into custody under this subdivision, without a warrant for arrest, unless the officer has a written order to do so, signed by the sheriff or other person in charge of the program, that describes with particularity the person to be retaken. (d) (1) This section does not require the sheriff or other official in charge to assign a person to a program pursuant to this section if it appears from the record that the person has refused to satisfactorily perform as assigned or has not satisfactorily complied with the reasonable rules and regulations governing the assignment or any other order of the court. (2) A person shall be eligible for work release under this section only if the sheriff or other official in charge concludes that the person is a fit subject therefor. (e) This section shall become operative July 1, 2021. (Repealed (in Sec. 64) and added by Stats. 2020, Ch. 92, Sec. 65. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
  31. 4024.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section lets a county board authorize work release programs when jail population reaches the stated capacity threshold, and it sets notice, participation, retaking, fee, and misdemeanor rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4024.3. (a) Notwithstanding any other law, the board of supervisors of any county in which the average daily inmate population is 90 percent of the county’s correctional system’s mandated capacity may authorize the sheriff or other official in charge of county correctional facilities to operate a program under which any person committed to the facility is required to participate in a work release program pursuant to criteria described in subdivision (b) of Section 4024.2. Participants in this work release program shall receive any sentence reduction credits that they would have received had they served their sentences in a county correctional facility. Priority for participation in the work release program shall be given to inmates who volunteer to participate in the program. (b) For purposes of this section, all of the following definitions apply: (1) “County correctional system’s mandated capacity” means the total capacity of all jails and other correctional facilities for the permanent housing of adult inmates within the county. (2) “Mandated capacity” of any facility is the capacity for that facility as established by court order or the facility’s rated capacity as established by the Board of Corrections, whichever is less. (3) “Average daily jail population” is the average total number of inmates incarcerated within the county jail system computed on an annual basis. (c) (1) The board of supervisors may prescribe reasonable rules and regulations under which a work release program authorized under this section is operated and may provide that participants wear clothing of a distinctive character while performing the work. A person shall be advised by written notice to appear before the sheriff or at the educational, vocational, or substance abuse program at a time and place specified in the notice and shall sign an acknowledgement that the sheriff may immediately retake the person into custody to serve the balance of his or her sentence if the person fails to appear for the program at the time and place designated in the notice, does not perform the work or activity assigned, or for any other reason is no longer a fit subject for release under this section. A copy of the notice and acknowledgement shall be delivered to the person and a copy shall be retained by the sheriff. (2) Any person who willfully fails to appear at the time and place specified in the notice is guilty of a misdemeanor. (3) Whenever a peace officer has reasonable cause to believe the person has failed to appear at the time and place specified in the notice or fails to appear or work at the time and place agreed to or has failed to perform the work assigned, the peace officer may, without a warrant, retake the person into custody, or the court may issue an arrest warrant for the retaking of the person into custody, to complete the remainder of the original sentence. A peace officer may not retake a person into custody under this subdivision, without a warrant for arrest, unless the officer has a written order to do so, signed by the sheriff or other person in charge of the work release program, that describes with particularity the person to be retaken. (d) Nothing in this section shall be construed to require the sheriff or other official in charge to assign a person to a work release program pursuant to this section if it appears from the record that the person has refused to perform satisfactorily as assigned or has not satisfactorily complied with the reasonable rules and regulations governing the assignment or any other order of the court. (e) A person shall be eligible for work release under this section only if the sheriff or other official in charge concludes that the person is a fit subject therefor. (f) The board of supervisors may prescribe a program administrative fee, not to exceed the pro rata cost of administration, to be paid by each person according to his or her ability to pay. (Added by Stats. 1995, Ch. 106, Sec. 2. Effective January 1, 1996.)
  32. 4024.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Certain county or city officials may set up a victim notification procedure for releases from local detention facilities, and related officials and contractors must help carry it out.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4024.4. (a) The board of supervisors of each county, with the concurrence of the county sheriff before implementation, and the city council of each city, with the concurrence of the chief of police before implementation, may establish a notification procedure to provide notice of the release of any person incarcerated at, or arrested and released on bail from, a local detention facility under its jurisdiction to victims of crime who have requested to be so notified. A county or city and two or more counties or cities jointly may contract with a private entity to implement this procedure. (b) Notwithstanding any other law, the sheriff, chief of police, or other official in charge of a local detention facility shall make available to any private entity under contract pursuant to subdivision (a) all information necessary to implement the notification procedure in a timely manner. The private entity under contract shall be responsible for retrieving the information and notifying the requester through computer or telephonic means and, if unable to notify the person requesting the information by these means, shall send written notification by mail. (c) The sheriff, chief of police, or other official in charge of a local detention facility shall work cooperatively with law enforcement agencies within the county or city and local victim centers established under Section 13835 to implement the program. (d) As used in this section, “local detention facility” means a facility specified in subdivision (a) or (b) of Section 6031.4. (e) Notwithstanding any other provision of law, no public or private officer, employee, or entity may be held liable for any action or duty undertaken pursuant to this section. (Added by Stats. 1996, Ch. 1060, Sec. 1. Effective January 1, 1997.)
  33. 4024.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The sheriff must provide release information after a person is determined to be released, and eligible jail detainees or recent releases may make up to three free phone calls.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4024.5. (a) The rights established in this section apply to any person being released from a county jail, including, but not limited to, a person who has completed a sentence served, has been ordered by the court to be released, has been released on the person’s own recognizance, has been released because the charges have been dismissed by the court, is acquitted by a jury, is cited and released on a misdemeanor charge, has posted bail, has complied with pretrial release conditions, or has had the charges dropped by the prosecutor. (b) (1) The sheriff shall make the release standards, release processes, and release schedules of the county jail available to a person following the determination to release that person. (2) The release standards shall include the list of rights enumerated in this section and the timeframe for the expedient release of a person following the determination to release that person. (c) A person incarcerated in, or recently released from, a county jail shall have access to up to three free telephone calls from a telephone in the county jail to plan for a safe and successful release. (Added by Stats. 2022, Ch. 327, Sec. 1. (AB 2023) Effective January 1, 2023.)
  34. 4025.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County sheriffs may operate jail stores, but must follow rules on sales, inmate welfare fund deposits, reporting, and limits on fund use.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4025. (a) The sheriff of each county may establish, maintain and operate a store in connection with the county jail and for this purpose may purchase confectionery, tobacco and tobacco users’ supplies, postage and writing materials, and toilet articles and supplies and sell these goods, articles, and supplies for cash to inmates in the jail. Commencing January 1, 2028, the store, if established by the sheriff in a county, shall sell sulfate-free shampoos and conditioners, curl creams, and gel. (b) The sale prices of the articles offered for sale at the store shall be fixed by the sheriff. Any profit shall be deposited in an inmate welfare fund to be kept in the treasury of the county. (c) There shall also be deposited in the inmate welfare fund 10 percent of all gross sales of inmate hobbycraft. (d) There shall be deposited in the inmate welfare fund any money, refund, rebate, or commission received from a telephone company or pay telephone provider when the money, refund, rebate, or commission is attributable to the use of pay telephones which are primarily used by inmates while incarcerated. (e) The money and property deposited in the inmate welfare fund shall be expended by the sheriff primarily for the benefit, education, and welfare of the inmates confined within the jail. Any funds that are not needed for the welfare of the inmates may be expended for the maintenance of county jail facilities. Maintenance of county jail facilities may include, but is not limited to, the salary and benefits of personnel used in the programs to benefit the inmates, including, but not limited to, education, drug and alcohol treatment, welfare, library, accounting, and other programs deemed appropriate by the sheriff. Inmate welfare funds shall not be used to pay required county expenses of confining inmates in a local detention system, such as meals, clothing, housing, or medical services or expenses, except that inmate welfare funds may be used to augment those required county expenses as determined by the sheriff to be in the best interests of inmates. An itemized report of these expenditures shall be submitted annually to the board of supervisors. (f) The operation of a store within any other county adult detention facility that is not under the jurisdiction of the sheriff shall be governed by the provisions of this section, except that the board of supervisors shall designate the proper county official to exercise the duties otherwise allocated in this section to the sheriff. (g) The operation of a store within any city adult detention facility shall be governed by the provisions of this section, except that city officials shall assume the respective duties otherwise outlined in this section for county officials. (h) The treasurer may, pursuant to Article 1 (commencing with Section 53600), or Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, deposit, invest, or reinvest any part of the inmate welfare fund, in excess of that which the treasurer deems necessary for immediate use. The interest or increment accruing on these funds shall be deposited in the inmate welfare fund. (i) The sheriff may expend money from the inmate welfare fund to provide indigent inmates, prior to release from the county jail or any other adult detention facility under the jurisdiction of the sheriff, with essential clothing and transportation expenses within the county or, at the discretion of the sheriff, transportation to the inmate’s county of residence, if the county is within the state or within 500 miles from the county of incarceration. This subdivision does not authorize expenditure of money from the inmate welfare fund for the transfer of any inmate to the custody of any other law enforcement official or jurisdiction. (Amended by Stats. 2024, Ch. 56, Sec. 3. (AB 1875) Effective January 1, 2025.)
  35. 4025.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Certain county sheriffs or jail-operating county officers may use inmate welfare funds to help indigent inmates with reentry after release, but the funds cannot replace existing funding or pay for services the sheriff or county must already provide.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4025.5. (a) There is hereby created a program in the Counties of Alameda, Kern, Los Angeles, Marin, Napa, Orange, Sacramento, San Bernardino, San Francisco, San Diego, San Luis Obispo, Santa Barbara, Santa Clara, Stanislaus, and Ventura. In each county, the sheriff or the county officer responsible for operating the jails may expend money from the inmate welfare fund to provide indigent inmates, after release from the county jail or any other adult detention facility under the jurisdiction of the sheriff or the county officer responsible for operating the jails, assistance with the reentry process within 30 days after the inmate’s release. The assistance provided may include work placement, counseling, obtaining proper identification, education, and housing. (b) This section does not authorize money from the inmate welfare fund to be used to provide any services that are required to be provided by the sheriff or the county. Money in the fund shall supplement existing services, and shall not be used to supplant any existing funding for services provided by the sheriff or the county. (c) As part of the itemized report of expenditures required to be submitted to the board of supervisors pursuant to Section 4025, any sheriff or county officer responsible for operating a jail of a county that participates in the program shall include in the report all of the following: (1) How much money was spent pursuant to this section. (2) The number of inmates the program served. (3) The types of assistance for which the funds were used. (4) The average length of time an inmate used the program. (Added by Stats. 2016, Ch. 178, Sec. 1. (AB 920) Effective August 25, 2016.)
  36. 4026.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    A sheriff or jail officer may let prisoners make small handiwork items from materials they buy themselves or borrow from the inmate welfare fund, and must handle sale proceeds as specified.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4026. The sheriff or other officer in charge of a county or city jail may provide for the manufacture of small articles of handiwork by prisoners out of raw materials purchased by the prisoners with their own funds or funds borrowed from the inmate welfare fund, which articles may be sold to the public at the county or city jails, in public buildings, at fairs, or on property operated by nonprofit associations. County- or city-owned property shall not be sold or given to prisoners for use under this section, except as expressly permitted by this section. The sheriff or other officer in charge shall comply with subdivision (c) of Section 4025 and provide that the balance of the sale price of the articles be deposited to the account of the prisoner manufacturing the article after repaying the inmate welfare fund any amount borrowed. (Amended by Stats. 1970, Ch. 916.)
  37. 4027.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    The Legislature states that prisoners in local detention facilities should have reasonable opportunities for religious freedom, including religious grooming, clothing, and headwear accommodations.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4027. (a) (1) It is the intent of the Legislature that all prisoners confined in local detention facilities shall be afforded reasonable opportunities to exercise religious freedom. (2) It is the intent of the Legislature that all prisoners confined in local detention facilities shall be afforded religious grooming, clothing, and headwear accommodations in accordance with Section 2607. (b) As used in this section “local detention facility” means any city, county, or regional facility used for the confinement of prisoners for more than 24 hours. (Amended by Stats. 2023, Ch. 388, Sec. 2. (SB 309) Effective January 1, 2024.)
  38. 4027.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County sheriffs or local detention facility administrators must develop and implement a religious grooming, clothing, and headwear policy by January 1, 2025.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4027.5. (a) On or before January 1, 2025, the sheriff of each county or the administrator of each local detention facility shall develop and implement a religious grooming, clothing, and headwear policy for individuals in the custody of a local detention facility, including, but not limited to, county jails and holding facilities. The policy shall meet the minimum requirements of Section 2607 and be in accordance with accepted best practices. (b) For purposes of this section, “local detention facility” means any city, county, or regional facility used for the confinement of prisoners for more than 24 hours, as defined in subdivision (b) of Section 4027. (c) This section applies without regard to whether the facility 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. 2023, Ch. 388, Sec. 3. (SB 309) Effective January 1, 2024.)
  39. 4028.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Local detention facilities may not impose extra conditions on abortion access, and pregnant people who seek abortions must be allowed to check eligibility and, if eligible, obtain the abortion after informed consent.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4028. (a) A condition or restriction shall not be imposed upon the obtaining of an abortion by a person detained in any local detention facility, pursuant to Sections 1 and 1.1 of Article I of the California Constitution and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), other than those contained in those provisions. Impermissible restrictions include, but are not limited to, imposing gestational limits inconsistent with state law, unreasonably delaying access to the procedure, or requiring court-ordered transportation. Persons found to be pregnant and desiring abortions shall be permitted to determine their eligibility for an abortion pursuant to state and federal law, and if determined to be eligible, shall be permitted to obtain an abortion, after providing informed consent. (b) For the purposes of this section, “local detention facility” means any city, county, or regional facility used for the confinement for more than 24 hours of a person capable of becoming pregnant. (c) The rights provided by this section shall be posted in at least one conspicuous place to which all incarcerated persons capable of becoming pregnant have access. (Amended by Stats. 2025, Ch. 136, Sec. 23. (AB 260) Effective September 26, 2025.)
  40. 4029.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County detention facilities must provide opposite-sex prisoners equal-quality facilities, programs, and privileges when those services are offered, with a limited small-population cost exception for some non-medical services.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4029. (a) Whenever within any county adult detention facility or part of any county detention facility used for the confinement of adults, not including any city jail, any facility, including but not limited to any room or cell, vocational training facility, recreation area, rest area, dining room, store, or facility for the exercise of religious freedom, is provided for use by any prisoner for any purpose, a separate facility of equal quality, or separate use of the same facility, or joint use of the same facility where appropriate, shall be provided for prisoners of the opposite sex for such purpose. (b) Whenever within any county adult detention facility or part of any county detention facility used for the confinement of adults, not including any city jail, any program, service or privilege, including but not limited to any general or vocational education, physical education or recreation, work furlough program, psychological counseling, work within the institution, visiting privileges, or medical treatment, is provided for any prisoner, such a program, service or privilege of equal quality shall be provided for prisoners of the opposite sex, except when the proportion of prisoners of one sex is so small that the cost of providing any program, service or privilege described in this subdivision, other than medical treatment or health maintenance, for such prisoners would not be justified in relation to the reduction in the level of any other program, service or privilege that would result from the diversion of funds for such purpose. (c) Nothing in this section shall require the establishment of any facility for the use of, or the making available of any program, service or privilege to, any prisoner. Nothing in this section shall require any facility, program, service or privilege established or available prior or subsequent to January 1, 1975, to be made available to any particular male or female prisoner or number of such prisoners, except that any type of facility, program, service or privilege which is made accessible or available to all male or female prisoners in any class defined by subdivisions 1, 2, and 3 of Section 4001 shall be made accessible or available to all prisoners of the opposite sex in such class as provided in subdivisions (a) and (b), and any criterion other than the sex of the prisoner which is used for the selection of a particular prisoner or group of prisoners to have, or to have access to, any facility, program, service or privilege shall be equally applied to the selection of all prisoners, regardless of sex. (d) Every county shall comply with subdivisions (a), (b), and (c) by January 1, 1979. Such compliance shall not be required unless the Legislature provides funds to assist in the accomplishment of such compliance. Every county shall report to the Legislature by January 1, 1976, as to whether such compliance can be accomplished, and stating the reasons why it cannot be accomplished if that be the case. (e) Whenever within any county adult detention facility or part of any county detention facility used for the confinement of adults, not including any city jail, an inpatient psychiatric facility designated by the county mental health director to treat patients under Division 5 (commencing with Section 5000) and Division 6 (commencing with Section 6000) of the Welfare and Institutions Code, is provided for prisoners of one sex who may not depart from the detention facility for treatment elsewhere, and where the proportion of prisoners of the opposite sex requiring the same type of treatment is so small that the cost of providing a separate program of equal quality would not be justified in relation to the reduction in the level of another program, service, or privilege that would result from the diversion of funds for such purpose, the above designated mental health treatment program may treat prisoners of both sexes if each of the following conditions is met: (1) The program is one that would be considered suitable for the treatment of patients of both sexes if it were located in a psychiatric treatment facility devoted to evaluation and treatment under Division 5 (commencing with Section 5000) and Division 6 (commencing with Section 6000) of the Welfare and Institutions Code for patients who are not prisoners. (2) A female deputy sheriff or other suitable woman assigned to jail duty is assigned to the treatment program in accordance with Sections 4020.4, 4020.7, 4020.8, and 4021 of this code. Notwithstanding the provisions of Section 4020.4 of this code, in a county of any size, the sheriff may designate a female member of the mental health treatment staff for this assignment. (Amended by Stats. 1980, Ch. 547, Sec. 17.5.)
  41. 402a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person must not adulterate candy with terra alba or other harmful substances, and must not sell or keep for sale adulterated candy knowing it is adulterated.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 402a. Every person who adulterates candy by using in its manufacture terra alba or other deleterious substances, or who sells or keeps for sale any candy or candies adulterated with terra alba, or any other deleterious substance, knowing the same to be adulterated, is guilty of a misdemeanor. (Added by renumbering Section 402¼ by Stats. 1905, Ch. 573.)
  42. 402b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    It is a misdemeanor to leave certain large, unused appliances where children can reach them unless the door or locking parts have been removed; owners, lessees, and managers also commit a misdemeanor if they knowingly let such appliances remain on controlled premises without those safety changes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 402b. Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox, deep-freeze locker, clothes dryer, washing machine, or other appliance, having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or the hinges and such portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. Any owner, lessee, or manager who knowingly permits such a refrigerator, icebox, deep-freeze locker, clothes dryer, washing machine, or other appliance to remain on premises under his control without having the door removed or the hinges and such portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. Guilt of a violation of this section shall not, in itself, render one guilty of manslaughter, battery or other crime against a person who may suffer death or injury from entrapment in such a refrigerator, icebox, deep-freeze locker, clothes dryer, washing machine, or other appliance. The provisions of this section shall not apply to any vendor or seller of refrigerators, iceboxes, deep-freeze lockers, clothes dryers, washing machines, or other appliances, who keeps or stores them for sale purposes, if the vendor or seller takes reasonable precautions to effectively secure the door of any such refrigerator, icebox, deep-freeze locker, clothes dryer, washing machine, or other appliance so as to prevent entrance by children small enough to fit therein. (Amended by Stats. 1976, Ch. 1122.)
  43. 402c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. )

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    A person may not sell certain new refrigerators, iceboxes, or deep-freeze lockers in this state unless they have an integral lock and meet the inside-opening force requirement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY [369a - 402c] ( Title 10 enacted 1872. ) ## 402c. On and after January 1, 1970, any person who sells a new refrigerator, icebox, or deep-freeze locker not equipped with an integral lock in this state, having a capacity of two cubic feet or more, which cannot be opened from the inside by the exertion of 15 pounds of force against the latch edge of the closed door is guilty of a misdemeanor. (Added by Stats. 1968, Ch. 232.)
  44. 403.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person may not, without legal authority, willfully disturb or break up a lawful assembly or meeting, except the meetings referenced in the Penal Code and Elections Code sections named here.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 403. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. (Amended by Stats. 1994, Ch. 923, Sec. 159. Effective January 1, 1995.)
  45. 4030.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section strictly limits certain strip searches and body-cavity searches of detained persons, and sets recordkeeping, privacy, and authorization rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4030. (a) (1) The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures. (2) It is the intent of the Legislature in enacting this section to protect the state and federal constitutional rights of the people of California by establishing a statewide policy strictly limiting strip and body cavity searches. (b) The provisions of this section shall apply only to prearraignment detainees arrested for infraction or misdemeanor offenses and to any minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code alleged to have committed a misdemeanor or infraction offense. The provisions of this section shall not apply to a person in the custody of the Secretary of the Department of Corrections and Rehabilitation or the Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. (c) As used in this section the following definitions shall apply: (1) “Body cavity” only means the stomach or rectal cavity of a person, and vagina of a female person. (2) “Physical body cavity search” means physical intrusion into a body cavity for the purpose of discovering any object concealed in the body cavity. (3) “Strip search” means a search which requires a person to remove or arrange some or all of his or her clothing so as to permit a visual inspection of the underclothing, breasts, buttocks, or genitalia of such person. (4) “Visual body cavity search” means visual inspection of a body cavity. (d) (1) Notwithstanding any other law, including Section 40304.5 of the Vehicle Code, if a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and thorough clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell. (2) An agency that utilizes a body scanner pursuant to this subdivision shall endeavor to avoid knowingly using a body scanner to scan a woman who is pregnant. (e) A person arrested and held in custody on a misdemeanor or infraction offense, except those involving weapons, controlled substances, or violence, or a minor detained prior to a detention hearing on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code, except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search prior to placement in the general jail population, unless a peace officer has determined there is reasonable suspicion, based on specific and articulable facts, to believe that person is concealing a weapon or contraband, and a strip search will result in the discovery of the weapon or contraband. A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor. (f) (1) Except pursuant to the provisions of paragraph (2), a person arrested and held in custody on a misdemeanor or infraction offense not involving weapons, controlled substances, or violence, shall not be confined in the general jail population unless all of the following are true: (A) The person is not cited and released. (B) The person is not released on his or her own recognizance pursuant to Article 9 (commencing with Section 1318) of Chapter 1 of Title 10 of Part 2. (C) The person is not able to post bail within a reasonable time, not less than three hours. (2) A person shall not be housed in the general jail population prior to release pursuant to the provisions of paragraph (1) unless a documented emergency exists and there is no reasonable alternative to that placement. The person shall be placed in the general population only upon prior written authorization documenting the specific facts and circumstances of the emergency. The written authorization shall be signed by the uniformed supervisor of the facility or by a uniformed watch commander. A person confined in the general jail population pursuant to paragraph (1) shall retain all rights to release on citation, his or her own recognizance, or bail that were preempted as a consequence of the emergency. (g) A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search. (h) A copy of the prior written authorization required by subdivisions (e) and (f) and the search warrant required by subdivision (g) shall be placed in the agency’s records and made available, on request, to the person searched or his or her authorized representative. With regard to a strip search or visual or physical body cavity search, the time, date, and place of the search, the name and sex of the person conducting the search, and a statement of the results of the search, including a list of items removed from the person searched, shall be recorded in the agency’s records and made available, upon request, to the person searched or his or her authorized representative. (i) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. (j) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches. (k) (1) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. (2) A person within sight of the visual display of a body scanner depicting the body during a scan shall be of the same sex as the person being scanned, except for physicians or licensed medical personnel. (l) All strip, visual, and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. (m) A person who knowingly and willfully authorizes or conducts a strip search or visual or physical body cavity search in violation of this section is guilty of a misdemeanor. (n) This section does not limit the common law or statutory rights of a person regarding an action for damages or injunctive relief, or preclude the prosecution under another law of a peace officer or other person who has violated this section. (o) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees. (Amended by Stats. 2016, Ch. 162, Sec. 1. (AB 1705) Effective January 1, 2017.)
  46. 4031.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    This section sets rules for strip searches and body cavity searches in juvenile detention settings, including who may conduct them, privacy and same-sex requirements, and limits on touching.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4031. (a) This section applies to all minors detained in a juvenile detention center on the grounds that he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code, and all minors adjudged a ward of the court and held in a juvenile detention center on the grounds he or she is a person described in Section 300, 601, or 602 of the Welfare and Institutions Code. (b) Persons conducting a strip search or a visual body cavity search shall not touch the breasts, buttocks, or genitalia of the person being searched. (c) A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees, wards, and inmates of the facility may conduct physical body cavity searches. (d) A person conducting or otherwise present or within sight of the inmate during a strip search or visual or physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel. (e) All strip searches and visual and physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted. (f) A person who knowingly and willfully authorizes or conducts a strip search and visual or physical body cavity search in violation of this section is guilty of a misdemeanor. (g) This section shall not be construed as limiting the common law or statutory rights of a person regarding an action for damages or injunctive relief, or as precluding the prosecution under another law of a peace officer or other person who has violated this section. (h) Any person who suffers damage or harm as a result of a violation of this section may bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees. (i) This section does not limit the protections granted by Section 4030 to individuals described in subdivision (b) of that section. (Amended by Stats. 2016, Ch. 86, Sec. 240. (SB 1171) Effective January 1, 2017.)
  47. 4032.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    Local detention facilities with certain visitation programs must not switch to video-visitation only, and they may not charge for onsite visitation. Some video visitation must be free in specified circumstances.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4032. (a) For purposes of this section, the following definitions shall apply: (1) “In-person visit” means an on-site visit that may include barriers. In-person visits include interactions in which an inmate has physical contact with a visitor, the inmate is able to see a visitor through a barrier, or the inmate is otherwise in a room with a visitor without physical contact. “In-person visit” does not include an interaction between an inmate and a visitor through the use of an on-site, two-way, audio-video terminal. (2) “Video visitation” means interaction between an inmate and a member of the public through the means of an audio-visual communication device when the member of the public is located at a local detention facility or at a remote location. (3) “Local detention facility” has the same meaning as defined in Section 6031.4. (b) A local detention facility that offered in-person visitation as of January 1, 2017, may not convert to video visitation only. (c) A local detention facility shall not charge for visitation when visitors are onsite and participating in either in-person or video visitation. For purposes of this subdivision, “onsite” is defined as at the location where the inmate is housed. (d) If a local detention facility offered video visitation only as of January 1, 2017, on-site video visitation shall be offered free of charge, and the first hour of remote video visitation per week shall be offered free of charge if the facility offers remote video visitation. (Amended by Stats. 2017, Ch. 363, Sec. 8. (SB 112) Effective September 28, 2017.)
  48. 4032.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    County or city jails must notify certain people within 24 hours after an incarcerated person dies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4032.5. (a) This section shall be known, and may be cited, as Wakiesha’s Law. (b) If an incarcerated person has died, the county or city jail shall notify all people covered by the current medical release of information form and the next of kin form within 24 hours. (Added by Stats. 2025, Ch. 726, Sec. 1. (AB 1269) Effective October 13, 2025.)
  49. 4033.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. )

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    San Diego County’s sheriff and the DMV may run a five-year pilot to help eligible incarcerated people get identification cards, and the sheriff must help with documentation and report to the Legislature if the pilot is implemented.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1. County Jails [4000 - 4033] ( Heading of Chapter 1 added by Stats. 1957, Ch. 50. ) ## 4033. (a) (1) The San Diego County Sheriff’s Department and the Department of Motor Vehicles may implement a pilot program to provide an identification card for eligible incarcerated persons, as defined under subdivision (b), so they may have a valid identification card pursuant to Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code, to the extent administratively feasible and within available resources, when released from a San Diego County detention facility. The pilot program may also include the issuance of renewed driver’s licenses pursuant to subdivision (d). The pilot program shall be five years long. (2) To the extent administratively feasible and within available resources, the San Diego County Sheriff’s Department shall facilitate the process between the incarcerated person and the agencies holding documentation required for an eligible incarcerated person, as defined under subdivision (b), to obtain a California identification card, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence. (b) For purposes of this section, “eligible incarcerated person” means an incarcerated person who is applying for an original or replacement identification card and meets the following requirements in paragraph (1) or (2): (1) (A) The incarcerated person has previously held a California driver’s license or identification card. (B) (i) The incarcerated person has a usable photo on file with the Department of Motor Vehicles. (ii) If the photo is deemed unusable, the incarcerated person shall have a new photo taken. (C) The incarcerated person has provided, and the Department of Motor Vehicles has verified, all of the following information: (i) The incarcerated person’s true full name. (ii) The incarcerated person’s date of birth. (iii) The incarcerated person’s social security number. (iv) The incarcerated person’s legal presence in the United States or, upon implementation of paragraph (2) of subdivision (a) of Section 12801.9 of the Vehicle Code, if the incarcerated person is unable to submit satisfactory proof that their presence in the United States is authorized under federal law, the incarcerated person has provided proof of their identity pursuant to Section 12801.9 of the Vehicle Code. (v) California residency. (2) (A) The incarcerated person has not previously held a California driver’s license or identification card. (B) The incarcerated person has signed and verified their application for an identification card under the penalty of perjury. (C) The incarcerated person has a usable photo taken. (D) The incarcerated person has provided a legible print of their thumb or finger. (E) The incarcerated person has provided acceptable proof of the information described under clauses (i) to (v), inclusive, of subparagraph (C) of paragraph (1), and that information is subject to verification by the Department of Motor Vehicles. (c) The fee for an original or replacement identification card issued to an eligible incarcerated person pursuant to this section shall be consistent with the fee set forth under subdivision (h) of Section 14902 of the Vehicle Code. (d) (1) The San Diego County Sheriff’s Department and Department of Motor Vehicles may provide a renewed driver’s license in lieu of an identification card if the incarcerated person meets the eligibility criteria specified in Section 12814.5 of the Vehicle Code and is otherwise eligible for the issuance of a driver’s license. An incarcerated person receiving a driver’s license shall be responsible for paying the difference between the cost of the driver’s license and the reduced fee for a California identification card. (2) This subdivision shall apply to an incarcerated person whose driving privilege was valid within the prior 10 years. (3) Nothing in this section shall be interpreted as removing the examination discretion of the Department of Motor Vehicles under Section 12814 of the Vehicle Code. (e) (1) No later than April 1, 2028, the San Diego County Sheriff’s Department, if it implements the pilot program, shall submit a report to the Legislature with all of the following information: (A) The number of identification cards issued. (B) The number of driver’s licenses renewed. (C) Any problems or barriers in implementing the pilot program. (D) Any recommendations or best practices identified. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 472, Sec. 1. (AB 1329) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.)
  50. 404.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    This section defines a riot as force or violence, or a threat of force or violence with immediate power of execution, when carried out by two or more people acting together without lawful authority.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 404. (a) Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot. (b) As used in this section, disturbing the public peace may occur in any place of confinement. Place of confinement means any state prison, county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, or any juvenile hall, juvenile camp, juvenile ranch, or juvenile forestry camp. (Amended by Stats. 1995, Ch. 132, Sec. 1. Effective January 1, 1996.)
  51. 404.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

    Verify source ↗

    A person who intentionally urges a riot, or urges force, violence, or destruction of property in circumstances creating an immediate danger, is guilty of incitement to riot.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 404.6. (a) Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot. (b) Incitement to riot is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (c) Every person who incites any riot in the state prison or a county jail that results in serious bodily injury, shall be punished by either imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. (d) The existence of any fact that would bring a person under subdivision (c) shall be alleged in the complaint, information, or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt, by the court where guilt is established by a plea of guilty or nolo contendere, or by trial by the court sitting without a jury. (Amended by Stats. 2011, Ch. 15, Sec. 345. (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.)
  52. 405.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

    Verify source ↗

    A person who participates in a riot can be fined, jailed, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 405. Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. (Amended by Stats. 1957, Ch. 139.)
  53. 4050.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    This chapter may be cited as the Joint County Jail Act.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4050. This chapter may be cited as the Joint County Jail Act. (Added by Stats. 1957, Ch. 1019.)
  54. 4051.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    Any two or more counties may form a district to establish and operate a joint county jail for those counties.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4051. Any two or more counties may form a district for the purpose of establishing and operating a joint county jail to serve such counties. (Added by Stats. 1957, Ch. 1019.)
  55. 4052.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

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    A district organized under this chapter has the powers expressly granted by the chapter, plus other powers that are reasonably implied and necessary to carry out the chapter’s purposes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4052. Any district organized under this chapter shall have and exercise the powers expressly granted in this chapter, together with such other powers as are reasonably implied therefrom and necessary and proper to carry out the objects and purposes of this chapter. (Added by Stats. 1957, Ch. 1019.)
  56. 4053.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    A county board of supervisors may begin the process to create a joint district for a joint county jail.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4053. The board of supervisors of any county may initiate proceedings proposing the creation of a joint district for the purpose of maintaining a joint county jail under the provisions of this chapter to be composed of two or more counties by the adoption of a resolution reciting the following: (1) That it will be beneficial to the public interest to create a joint district for the establishment or operation, or both, of a joint county jail to which persons from any of the counties proposed to be included in the proposed district may be committed. (2) The names of the counties proposed to be included in the proposed district which will be benefited by the formation thereof. (3) That it is proposed to create a joint district for the establishment or operation, or both, of a joint county jail under the provisions of this chapter for the counties so named. (Added by Stats. 1957, Ch. 1019.)
  57. 4054.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    If the resolution is adopted, the county board of supervisors must appoint two of its members to represent the county on the joint district’s board of directors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4054. When adopted, certified copies of the resolution provided for in Section 4053, shall be transmitted to the several clerks of the boards of supervisors in each of the counties named in the resolution other than that in which the proceedings are initiated. Upon the adoption of the resolution provided for in Section 4053, the board of supervisors of the county adopting the same shall name and appoint two members of the board to represent the county upon the board of directors of the joint district proposed to be organized. (Added by Stats. 1957, Ch. 1019.)
  58. 4055.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    County boards of supervisors must consider a proposed joint district after receiving the resolution, then vote to approve or reject it; if they approve, they must name representatives and send a certified copy to the initiating clerk.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4055. Upon receipt of the resolution adopted under Section 4053, the boards of supervisors of the counties affected and to whom the same may be directed shall consider the advisability of creating and organizing a joint district as proposed in said resolution and, upon determining the facts involved therein, shall severally adopt resolutions either rejecting or approving the proposal to create such joint district. Each resolution of approval shall, in addition to the matters otherwise required therein, also name and appoint the members of the board of supervisors of the county adopting the resolution qualified to represent such county upon the board of directors of the proposed joint district. A certified copy of the resolution of approval shall be forthwith transmitted to the clerk of the board of supervisors initiating the proceedings. (Added by Stats. 1957, Ch. 1019.)
  59. 4056.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    County boards starting a joint district must adopt a resolution, file a certified copy with the Secretary of State, and the district is then created and named as required.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4056. The board of supervisors of any county initiating proceedings for the creation of a joint district under this chapter shall, after the receipt of a copy of the resolution approving the proposal to form such district as provided in Section 4055 from the board of supervisors of each county proposed to be included within any such joint district, adopt a resolution declaring the creation and organization of said joint district and setting forth the names of the counties composing said district. A certified copy of the resolution shall be transmitted to and filed with the Secretary of State, whereupon the joint district shall be deemed created and organized and shall exercise all the powers granted in this chapter and shall bear the name and designation of “Joint County Jail District No. _____ of the State of California.” (Added by Stats. 1957, Ch. 1019.)
  60. 4057.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    Districts formed under this chapter must be numbered in order of creation, and the Secretary of State must assign the number right away and keep a register of the districts.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4057. All districts organized under this chapter shall be numbered in the order of their creation, the number to be assigned to said district forthwith upon the organization thereof by the Secretary of State, and the Secretary of State shall keep and maintain in his office a list and register showing the joint county jail districts organized under this chapter. (Added by Stats. 1957, Ch. 1019.)
  61. 4058.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    The Secretary of State must send a certificate of organization to the county clerk, who must then send copies to other county clerks and notify appointed supervisors and the first meeting details.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4058. The Secretary of State shall furnish and transmit to the clerk of the board of supervisors of the county adopting the initial resolution for the organization of any district under this chapter a certificate of the organization of the same. Upon receipt of the certificate the clerk shall within 10 days send a certified copy of the certificate to each of the clerks of the several boards of supervisors of the counties constituting the district, and shall also within the time specified in this section notify each supervisor appointed as a member of the board of directors of the district of such fact and of the time and place of the first meeting of the board of directors of the district. The time and place of the meeting shall be fixed and determined by the clerk of the board adopting the initial resolution, but said time of meeting shall be within 30 days after the date of mailing notices thereof. The necessary expense incurred by supervisors in attending and in going to and coming from any meeting of the board of directors of the district shall constitute a county charge of their respective counties. (Added by Stats. 1957, Ch. 1019.)
  62. 4059.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    The body formed under Section 4058 is called the board of directors of the district.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4059. The body formed under Section 4058 shall be called the board of directors of such district. (Added by Stats. 1957, Ch. 1019.)
  63. 405a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

    Verify source ↗

    Participating in taking someone by riot from a peace officer’s lawful custody is a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 405a. A person who participates in the taking by means of a riot of another person from the lawful custody of a peace officer is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (Amended by Stats. 2015, Ch. 47, Sec. 1. (SB 629) Effective January 1, 2016.)
  64. 406.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

    Verify source ↗

    An assembly of two or more people acting together becomes a rout if they attempt or move toward committing an act that would be a riot if carried out.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 406. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout. (Enacted 1872.)
  65. 4060.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    Board members may enter an agreement on behalf of their counties to bind them to a joint county jail enterprise and split the costs of creating and maintaining it.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4060. The members of the board of directors may enter into an agreement for and on behalf of the counties appointing them binding said counties to the joint enterprise provided for in this chapter and apportioning the cost of establishing and maintaining a joint county jail. (Added by Stats. 1957, Ch. 1019.)
  66. 4061.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    Amounts due from a county under this chapter are a charge against that county, and the district board may collect them by law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4061. All sums found due from any county according to the provisions of this chapter are a charge against said county, and may be collected in the manner provided by law by the board of directors of a district formed under this chapter, or, in its behalf by the board of supervisors of any county in the district by an action instituted and tried in any county in the district in which the same may be filed. (Added by Stats. 1957, Ch. 1019.)
  67. 4062.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    The board of directors may establish the joint county jail, and if it does, it must provide for prisoners’ feeding, care, and treatment and follow county-jail standards for construction, feeding, clothing, bedding, and programming.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4062. The board of directors may establish the joint county jail provided for in this chapter and shall provide for the feeding, care, and treatment of prisoners therein, and must conform to such standards for construction, feeding, clothing, bedding and programming as are imposed pursuant to law on county jails. (Added by Stats. 1957, Ch. 1019.)
  68. 4063.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    Counties in a district under this chapter must pay their share from the general fund to support a cash revolving fund for the joint county jail, and they must send a monthly expense statement and claim to each county’s board of supervisors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4063. Each county in a district formed under this chapter shall pay from its general fund its proportionate share to the board of directors of such amount as the board may designate to constitute a cash revolving fund to carry on the work and expense of maintaining such joint county jail. Each month a statement of the expense of the joint county jail shall be sent to the board of supervisors of each county in the district, together with a claim for its proportionate share of expenses. Amounts when received shall be paid into the cash revolving fund. (Added by Stats. 1957, Ch. 1019.)
  69. 4064.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    Convicted persons may be committed to a joint county jail from a county in the district, as if the commitment were to that county’s own jail.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4064. Convicted persons may be committed to a joint county jail from a county comprising the district the same as if the commitment were to a jail maintained by that county alone. (Added by Stats. 1957, Ch. 1019.)
  70. 4065.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    Chapter 1 generally applies to joint county jails, and the appointed superintendent has the same powers and duties as a sheriff regarding county jails.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4065. The provisions of Chapter 1 (commencing at Section 4000) of this title shall, so far as appropriate, be applicable to a joint county jail established pursuant to this chapter, and the person appointed by the board of directors to superintend a joint county jail has such powers and duties as has a sheriff, with respect to county jails, under Chapter 1. (Added by Stats. 1957, Ch. 1019.)
  71. 4066.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

    Verify source ↗

    The board of directors may make rules and regulations to govern a joint county jail, as long as they are consistent with law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4066. The board of directors may make rules and regulations for the government of a joint county jail not inconsistent with law. (Added by Stats. 1957, Ch. 1019.)
  72. 4067.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. )

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    A joint county jail district may be dissolved if the supervisors of counties holding over 50% of the district population unanimously adopt a resolution and the Secretary of State certifies dissolution.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 1.5. Joint County Jails [4050 - 4067] ( Chapter 1.5 added by Stats. 1957, Ch. 1019. ) ## 4067. A joint county jail district formed under this chapter may be dissolved in the following manner: (a) The board or boards of supervisors of a county or counties containing more than fifty percent (50%) of the population of the entire district shall by a unanimous vote adopt a resolution stating that the existence of a joint county jail is no longer desirable for the public welfare and announcing the intention to withdraw therefrom and to dissolve said district. (b) The resolution or resolutions so adopted shall be communicated to the clerks of the boards of supervisors of all the counties comprising the district and also to the Secretary of State. (c) If it appears that the resolution was unanimously adopted by the board or boards of supervisors in the counties desiring to withdraw, and that such county or counties contain more than fifty percent (50%) of the entire population in the district, the Secretary of State shall thereupon certify to the clerks of the boards of supervisors of the counties composing the district that the district is dissolved. (d) Thereupon the board of directors of the district shall within 90 days: (1) Abolish the joint county jail; (2) Return all prisoners therein to the custody of the sheriffs of their respective counties; (3) Dispose of all equipment belonging to said joint county jail and the district; (4) Render an accounting to the clerks of the boards of supervisors of the counties composing such district of all sums of money received and paid out since their last previous accounting, including the balance of revolving fund on hand at said last previous accounting; (5) Apportion and repay to said counties all sums of money then remaining in their hands, and they shall thereupon be relieved of further responsibility in said matter. (Added by Stats. 1957, Ch. 1019.)
  73. 407.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    An assembly of two or more persons is unlawful if they gather to commit an unlawful act, or if they do a lawful act in a violent, boisterous, or tumultuous way.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 407. Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. (Amended by Stats. 1969, Ch. 365.)
  74. 408.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

    Verify source ↗

    Participating in a rout or unlawful assembly is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 408. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. (Enacted 1872.)
  75. 409.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

    Verify source ↗

    A person who stays at the scene of a riot, rout, or unlawful assembly after a lawful warning to disperse commits a misdemeanor, unless they are a public officer or someone helping officers disperse the crowd.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. (Enacted 1872.)
  76. 409.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    When police officers and emergency medical technicians are at an accident scene, the local law enforcement agency controls scene management, and its representative must consult other response agencies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 409.3. Whenever law enforcement officers and emergency medical technicians are at the scene of an accident, management of the scene of the accident shall be vested in the appropriate law enforcement agency, whose representative shall consult with representatives of other response agencies at the scene to ensure that all appropriate resources are properly utilized. However, authority for patient care management at the scene of an accident shall be determined in accordance with Section 1798.6 of the Health and Safety Code. For purposes of this section, “management of the scene of an accident” means the coordination of operations which occur at the location of an accident. (Amended by Stats. 1987, Ch. 1058, Sec. 6.)
  77. 409.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    Certain public officials may close emergency areas during a calamity; unauthorized entry after notice can be a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 409.5. (a) When a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, an officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, an officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, an officer or employee of the Department of Fish and Wildlife designated a peace officer under subdivision (e) of Section 830.2, and a publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of their official duties, may close the area where the menace exists for the duration of the menace by means of ropes, markers, or guards to all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section. (b) Officers of the Department of the California Highway Patrol, police departments, marshal’s office or sheriff’s office, officers of the Department of Fish and Wildlife designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating a calamity enumerated in this section or a riot or other civil disturbance to all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near the actual calamity or riot or other civil disturbance. (c) An unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor. (d) (1) This section shall not prevent a duly authorized representative of a news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. (2) This subdivision does not authorize a duly authorized representative of a news service, newspaper, or radio or television station or network to facilitate the entry of a person into, or facilitate the transport of a person within, an area closed, unless for the safety of the person, pursuant to this section if that person is not a duly authorized representative of a news service, newspaper, or radio or television station or network. (e) This section shall not prevent an individual who holds a valid livestock pass identification document, pursuant to Section 2350 of the Food and Agricultural Code, from entering the areas closed pursuant to this section, unless a peace officer identified in subdivision (a) finds that the disaster is of such a nature that it would be unsafe for the documentholder to enter or that the presence of the documentholder would interfere with disaster response. (Amended by Stats. 2023, Ch. 17, Sec. 1. (AB 750) Effective January 1, 2024.)
  78. 409.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    Officials may close avalanche-danger areas, and unauthorized people must not enter or stay in those closed areas.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 409.6. (a) Whenever a menace to the public health or safety is created by an avalanche, officers of the Department of the California Highway Patrol, police departments, or sheriff’s offices, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, and any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by that officer to enter or remain within the closed area. If an avalanche creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions which are set forth above in this section. (b) Officers of the Department of the California Highway Patrol, police departments, or sheriff’s offices, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2, may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating hazardous conditions created by an avalanche to any and all unauthorized persons pursuant to the conditions which are set forth in this section whether or not that field command post or other command post is located near the avalanche. (c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within that area, or any unauthorized person who willfully remains within an area closed pursuant to subdivision (a) or (b), after receiving notice to evacuate or leave from a peace officer named in subdivision (a) or (b), shall be guilty of a misdemeanor. If necessary, a peace officer named in subdivision (a) or (b) may use reasonable force to remove from the closed area any unauthorized person who willfully remains within that area after receiving notice to evacuate or leave. (d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. (Amended by Stats. 1996, Ch. 305, Sec. 45. Effective January 1, 1997.)
  79. 409.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    When police close a protest or command-post area, authorized news representatives may enter and officers may not intentionally interfere with them.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 409.7. (a) If peace officers, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged in activity that is protected pursuant to the First Amendment to the United States Constitution or Article I of the California Constitution, the following requirements shall apply: (1) A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network may enter the closed areas described in this section. (2) A peace officer or other law enforcement officer shall not intentionally assault, interfere with, or obstruct the duly authorized representative of any news service, online news service, newspaper, or radio or television station or network who is gathering, receiving, or processing information for communication to the public. (3) A duly authorized representative of any news service, online news service, newspaper, or radio or television station or network that is in a closed area described in this section shall not be cited for the failure to disperse, a violation of a curfew, or a violation of paragraph (1) of subdivision (a) of Section 148, for gathering, receiving, or processing information. If the duly authorized representative is detained by a peace officer or other law enforcement officer, that representative shall be permitted to contact a supervisory officer immediately for the purpose of challenging the detention, unless circumstances make it impossible to do so. (b) This section does not prevent a law enforcement officer from enforcing other applicable laws if the person is engaged in activity that is unlawful. (c) This section does not impose, and shall not be used as the basis for, criminal liability. (Added by Stats. 2021, Ch. 759, Sec. 2. (SB 98) Effective January 1, 2022.)
  80. 410.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A magistrate or officer who knows about an unlawful or riotous assembly must go to the scene, if safe, and use their authority to suppress it and arrest offenders.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 410. If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. (Enacted 1872.)
  81. 4100.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    This section states the purpose of the article: to allow constructive labor to replace profitless prison confinement so that people charged with or convicted of public offenses and deprived of liberty may improve through disciplinary experience.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4100. It is the purpose of this article to make possible the substitution of constructive labor for profitless prison confinement in order that those who are charged with or convicted of public offenses and deprived of their liberty may become better citizens because of their disciplinary experience. (Added by Stats. 1953, Ch. 69.)
  82. 4101.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    Each county may establish an industrial farm or industrial road camp under this article.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4101. In each county an industrial farm or industrial road camp may be established under the provisions of this article. (Added by Stats. 1953, Ch. 69.)
  83. 4102.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    Before a county establishes an industrial farm or road camp, its board of supervisors must adopt a resolution of intention.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4102. Before establishing an industrial farm or industrial road camp in any county the board of supervisors thereof shall adopt a resolution of its intention so to do. The resolution shall state an amount per person per day for which persons from incorporated cities will be maintained on an industrial farm. Certified copies of the resolution shall be forwarded by the clerk of the board of supervisors to the clerks of all incorporated cities within the county. (Amended by Stats. 1959, Ch. 1979.)
  84. 4103.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    A city legislative body that wants to use a proposed industrial farm must adopt a resolution with specified prisoner and payment information, and send a certified copy to the clerk of the board of supervisors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4103. Upon receipt of the resolution as provided in Section 4102, the legislative body of any incorporated city wishing to avail itself of the use of a proposed industrial farm shall adopt a resolution setting forth the following matters: 1. The number of persons sentenced to imprisonment in the jail of such city during the fiscal year last preceding the adoption of the resolution of intention by the board of supervisors; 2. The total number of days for which all such persons were imprisoned in the jail of the city during such fiscal year; 3. A declaration of the desire of the city adopting the resolution to have the prisoners of the city cared for by the county on the industrial farm or industrial road camp and of the agreement of the city to pay the county quarterly for the care of the prisoners of the city at the rate set forth in the resolution of intention. A certified copy of the resolution provided for in this section shall be forwarded to the clerk of the board of supervisors. (Added by Stats. 1953, Ch. 69.)
  85. 4104.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    A county board of supervisors that has adopted a resolution to establish an industrial farm or road camp must record specified jail and prison statistics in its minutes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4104. Any board of supervisors having adopted a resolution of intention to establish an industrial farm or industrial road camp shall ascertain and enter in its minutes the following facts: (a) The number of persons sentenced to imprisonment in the county jail during the fiscal year last preceding the adoption of the resolution of intention. (b) The total number of days for which all persons were imprisoned in the county jail during that fiscal year. (c) The number of persons sentenced from the superior court of the county to any state prison upon conviction of a violation of Section 270 or Section 270a during that fiscal year. (d) The total number of days for which all persons so sentenced to state prisons were therein imprisoned during that fiscal year. (Amended by Stats. 1987, Ch. 828, Sec. 135.)
  86. 4105.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board of supervisors may establish an industrial farm or industrial road camp after ascertaining the facts in Sections 4102 to 4104.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4105. Upon ascertaining the facts provided for in Sections 4102 to 4104, inclusive, the board of supervisors may proceed to establish an industrial farm or industrial road camp. (Added by Stats. 1953, Ch. 69.)
  87. 4106.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board of supervisors may acquire land to establish an industrial farm, but if the land is outside the county, the farm cannot be established without consent from that county’s board of supervisors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4106. For the purpose of establishing an industrial farm the board of supervisors may acquire by condemnation, purchase, lease or donation as many acres of land suitable for agriculture as may be necessary for the purposes of the farm. Such land may be situate within or without the county and may consist of separate parcels. If the land is without the county no industrial farm may be established thereon without the consent of the board of supervisors of the county in which the land is located. The board of supervisors shall erect on such land such buildings and structures and make such improvements and institute such industries as are necessary or convenient to carry out the purposes of this article. (Added by Stats. 1953, Ch. 69.)
  88. 4107.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board of supervisors must obtain personal property needed for this article, and county property already in use may be used on an industrial farm.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4107. The board of supervisors shall secure by purchase or otherwise personal property convenient or necessary to carry out the purposes of this article. Stock, machinery, or any other property belonging to the county and in use on the county farm or elsewhere may be used on an industrial farm. (Added by Stats. 1953, Ch. 69.)
  89. 4108.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board of supervisors must hire a superintendent for an industrial farm or camp and any additional subordinate staff needed for proper administration and prisoner custody. It may also provide board and lodging as part of compensation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4108. The board of supervisors shall employ a superintendent of an industrial farm or camp and such other subordinate persons as may be necessary for the proper administration thereof and the keeping of the prisoners imprisoned thereon. As part of the compensation to be agreed upon for such superintendent and other persons board and lodging may be furnished. (Added by Stats. 1953, Ch. 69.)
  90. 4109.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board must adopt rules for running a county industrial farm or road camp and for discipline there, and the superintendent must enforce those rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4109. The board shall also adopt rules governing the administration of a farm or camp formed under the provisions of this article and discipline thereon in furtherance of the purposes of this article, which rules shall be enforced by the superintendent and those subordinate to him. (Added by Stats. 1953, Ch. 69.)
  91. 4110.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    If women are sentenced to an industrial farm, the board of supervisors must provide separate quarters for women prisoners and may instead establish a separate industrial farm for women prisoners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4110. If women are to be sentenced to an industrial farm, the board of supervisors establishing it shall provide thereon separate quarters for women prisoners, or may establish a separate industrial farm for women prisoners. Nothing in the 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. 1975, Ch. 592.)
  92. 4111.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    If a separate farm for women prisoners is established, a woman assistant to the superintendent must be in immediate charge of it.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4111. If a separate farm for women prisoners is established it shall be considered as a part of the industrial farm of the county within the meaning of all provisions of this article, except that none but women prisoners shall be admitted to it. A woman assistant to the superintendent of an industrial farm shall be in immediate charge of any farm established for women prisoners only. (Added by Stats. 1953, Ch. 69.)
  93. 4112.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board of supervisors must adopt a resolution once the county has the needed land, buildings, structures, and improvements, or arrangements for an industrial road camp, and the clerk must send certified copies to each superior court judge in the county.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4112. When land has been acquired and such buildings and structures erected and improvements made as may be immediately necessary for the carrying out of the purposes of this article or arrangements have been made for an industrial road camp or camps, the board of supervisors shall adopt a resolution proclaiming that an industrial farm or road camp has been established in the county and designating a day on and after which persons will be admitted to such farm or camp. Certified copies of the resolution shall be forwarded by the clerk of the board of supervisors to each superior court judge in the county. (Amended by Stats. 2002, Ch. 784, Sec. 568. Effective January 1, 2003.)
  94. 4114.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    Counties that establish an industrial farm or camp must create a county classification committee, and the sheriff must appoint its members.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4114. Each county which establishes an industrial farm or camp shall provide a county classification committee, which shall function as follows: (1) The sheriff shall appoint the members of this committee, which may include members of his staff and qualified citizens of the county. If there is a county jail physician, he shall be an ex officio member of this committee. All committee members shall serve without remuneration. (2) The committee shall meet at least once weekly for the purpose of assigning each person who has been sentenced to the county jail to the proper degree of custody and treatment within one of the available adult detention facilities operated by the county. Any person assigned to medical treatment may decline such treatment and provide other care or treatment for himself at his own expense. (3) Each county prisoner serving a jail sentence of over 30 days shall appear before the committee during the first third of his sentence. (4) City prisoners who have been recommended to the committee by the chief of police may be transferred to the county industrial farm or camp at the option of the committee. (Added by Stats. 1953, Ch. 69.)
  95. 4115.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The county jail must be the first place of detention for adult people committed to the sheriff, unless they are city prisoners transferred to a farm or camp by the county classification committee.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4115. The county jail shall serve as the initial place of detention for all adult persons committed to the custody of the sheriff, except city prisoners who are transferred to a farm or camp by the county classification committee. (Added by Stats. 1953, Ch. 69.)
  96. 4115.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    A county board of supervisors may make an agreement with nearby counties to place certain prisoners in a jail with adequate facilities, and a court may make commitments under that agreement.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4115.5. (a) The board of supervisors of a county where adequate facilities are not available for prisoners who would otherwise be confined in its county adult detention facilities may enter into an agreement with the board or boards of supervisors of one or more nearby counties whose county adult detention facilities are adequate and are readily accessible from the first county to permit commitment of misdemeanants, and any persons required to serve a term of imprisonment in county adult detention facilities as a condition of probation, to a jail in a county having adequate facilities that is a party to the agreement. That agreement shall make provision for the support of a person so committed or transferred by the county from which he or she is committed. When that agreement is in effect, commitments may be made by the court and support of a person so committed shall be a charge upon the county from which he or she is committed. (b) This section shall become operative on July 1, 2021. (Amended (as amended by Stats. 2014, Ch. 44, Sec. 3) by Stats. 2018, Ch. 36, Sec. 22. (AB 1812) Effective June 27, 2018. Section operative July 1, 2021, by its own provisions.)
  97. 4115.55.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    A board of supervisors may contract with other public agencies to house county jail inmates in community correctional facilities if the sheriff or county corrections director agrees, and those facilities must meet local detention facility standards.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4115.55. (a) Upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a contract with other public agencies to provide housing for inmates sentenced to a county jail in community correctional facilities created pursuant to Article 1.5 (commencing with Section 2910) of Chapter 7 of Title 1 or Chapter 9.5 (commencing with Section 6250) of Title 7. (b) Facilities operated pursuant to agreements entered into under subdivision (a) shall comply with the minimum standards for local detention facilities as provided by Chapter 1 (commencing with Section 3000) of Division 3 of Title 15 of the California Code of Regulations. (Amended by Stats. 2013, Ch. 76, Sec. 161. (AB 383) Effective January 1, 2014.)
  98. 4115.56.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    A board of supervisors may, with agreement from the sheriff or county corrections director, contract with the Department of Corrections and Rehabilitation to house certain inmates in a county jail facility for reentry and community transition.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4115.56. (a) Upon agreement with the sheriff or director of the county department of corrections, a board of supervisors may enter into a contract with the Department of Corrections and Rehabilitation to house inmates who are within 60 days or less of release from the state prison to a county jail facility for the purpose of reentry and community transition purposes. (b) When housed in county facilities, inmates shall be under the legal custody and jurisdiction of local county facilities and not under the jurisdiction of the Department of Corrections and Rehabilitation. (Added by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 37. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  99. 4116.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    Courts may not directly commit a person to a county industrial farm or camp unless the Welfare and Institutions Code allows it.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4116. No person shall be committed directly by any court to a county industrial farm or camp except as provided in the Welfare and Institutions Code. All other commitments shall be made to the sheriff for placement in such county adult detention facility as the county classification committee may designate. (Added by Stats. 1953, Ch. 69.)
  100. 4117.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    A person may not be transferred to an industrial farm or camp unless they have appeared before the county classification committee and been assigned to that facility.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4117. No person shall be transferred to an industrial farm or camp unless he has appeared before the county classification committee and has been assigned to that facility. (Added by Stats. 1953, Ch. 69.)
  101. 4118.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    An incorporated city’s legislative body may send the board of supervisors a certified resolution to request prisoner care at a county industrial farm or road camp and agree to quarterly payment.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4118. The legislative body of any incorporated city located in a county which has established an industrial farm or industrial road camp may adopt and forward to the board of supervisors a certified copy of a resolution stating that the city desires to have its prisoners cared for on the industrial farm or camp and agrees to pay therefor quarterly at a rate per prisoner per day, which rate shall be set forth in the resolution. (Added by Stats. 1953, Ch. 69.)
  102. 4119.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board of supervisors may choose to adopt a resolution for county care of city prisoners on a county industrial farm or camp. If it does, the resolution is forwarded to the city clerk, the chief of police is notified, and the chief of police or a representative meets with the county classification committee to consider eligible city prisoners for transfer.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4119. At its option the board of supervisors may adopt a resolution stating that the county will care for the prisoners of the city on its industrial farm or camp at the rate set forth in the city’s resolution specified in Section 4118. A certified copy of the resolution provided for in this section shall be forwarded to the clerk of the city named therein, who shall immediately notify the chief of police of the city. Thereafter, the chief of police of the city, or his representative, shall meet regularly with the county classification committee for the purpose of determining the eligibility of certain city prisoners for transfer to a county industrial farm or camp. The committee shall consider for transfer only those city prisoners who have been selected and recommended for transfer by the chief of police. In each case, the committee may transfer or reject such prisoners as it sees fit. (Added by Stats. 1953, Ch. 69.)
  103. 412.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

    Verify source ↗

    Section 412 forbids most participation in pugilistic or boxing contests, makes violations a misdemeanor, and sets limited rules for amateur boxing exhibitions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 412. Any person, who, within this state, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, taking or to take place either within or without this state, between two or more persons, with or without gloves, for any price, reward or compensation, directly or indirectly, or who goes into training preparatory to such pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or acts as aider, abettor, backer, umpire, referee, trainer, second, surgeon, or assistant, at such pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or who sends or publishes a challenge or acceptance of a challenge, or who knowingly carries or delivers such challenge or acceptance, or who gives or takes or receives any tickets, tokens, prize, money, or thing of value, from any person or persons, for the purpose of seeing or witnessing any such pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or who, being the owner, lessee, agent, or occupant of any vessel, building, hotel, room, enclosure or ground, or any part thereof, whether for gain, hire, reward or gratuitously or otherwise, permits the same to be used or occupied for such a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or who lays, makes, offers or accepts, a bet or bets, or wager or wagers, upon the result or any feature of any pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, or acts as stakeholder of any such bet or bets, or wager or wagers, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and be imprisoned in the county jail not less than thirty days nor exceeding one year; provided, however, that amateur boxing exhibitions may be held within this state, of a limited number of rounds, not exceeding four of the duration of three minutes each; the interval between each round shall be one minute, and the contestants weighing one hundred and forty-five pounds or over shall wear gloves of not less than eight ounces each in weight, and contestants weighing under one hundred and forty-five pounds may wear gloves of not less than six ounces each in weight. All gloves used by contestants in such amateur boxing exhibitions shall be so constructed, as that the soft padding between the outside coverings shall be evenly distributed over the back of said gloves and cover the knuckles and back of the hands. And no bandages of any kind shall be used on the hands or arms of the contestants. For the purpose of this statute an amateur boxing exhibition shall be and is hereby defined as one in which no contestant has received or shall receive in any form, directly or indirectly, any money, prize, reward or compensation either for the expenses of training for such contest or for taking part therein, except as herein expressly provided. Nor shall any person appear as contestant in such amateur exhibition who prior thereto has received any compensation or reward in any form for displaying, exercising or giving any example of his skill in or knowledge of athletic exercises, or for rendering services of any kind to any athletic organization or to any person or persons as trainer, coach, instructor or otherwise, or who shall have been employed in any manner professionally by reason of his athletic skill or knowledge; provided, however, that a medal or trophy may be awarded to each contestant in such amateur boxing exhibitions, not to exceed in value the sum of $35.00 each, which such medal or trophy must have engraved thereon the name of the winner and the date of the event; but no portion of any admission fee or fees charged or received for any amateur boxing exhibition shall be paid or given to any contestant in such amateur boxing exhibition, either directly or indirectly, nor shall any gift be given to or received by such contestants for participating in such boxing exhibition, except said medal or trophy. At every amateur boxing exhibition held in this state and permitted by this section of the Penal Code, any sheriff, constable, marshal, policeman or other peace officer of the city, county or other political subdivision, where such exhibition is being held, shall have the right to, and it is hereby declared to be his duty to stop such exhibition, whenever it shall appear to him that the contestants are so unevenly matched or for any other reason, the said contestants have been, or either of them, has been seriously injured or there is danger that said contestants, or either of them, will be seriously injured if such contest continues, and he may call to his assistance in enforcing his order to stop said exhibition, as many peace officers or male citizens of the state as may be necessary for that purpose. Provided, further, that any contestant who shall continue to participate in such exhibition after an order to stop such exhibition shall have been given by such peace officer, or who shall violate any of the regulations herein prescribed, for governing amateur boxing exhibitions, shall be deemed guilty of violating this section of the Penal Code and subject to the punishment herein provided. Nothing in this section contained shall be construed to prevent any county, city and county, or incorporated city or town from prohibiting, by ordinance, the holding or conducting of any boxing exhibition, or any person from engaging in any such boxing exhibition therein. (Amended November 3, 1914, by initiative Proposition 20.)
  104. 4120.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    When a sentence ends, a person imprisoned in an industrial farm or camp must be discharged and given transportation home or money for the fare.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4120. Upon the expiration of the sentence of any person imprisoned in any industrial farm or camp, he shall be discharged, and either furnished with transportation to the place where he was convicted or given a sum of money sufficient to pay his fare to such place. (Added by Stats. 1953, Ch. 69.)
  105. 4121.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    Costs and revenue for an industrial farm or road camp must go through the county general fund.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4121. The cost of establishing and maintaining an industrial farm or industrial road camp formed under this article shall be paid out of the county general fund. Any revenue derived from such farm or camp, including that received from any city for the care of its prisoners on said farm, shall be paid into the county general fund. (Added by Stats. 1953, Ch. 69.)
  106. 4122.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The city must pay the cost of transporting its prisoners to an industrial farm or camp, and the county must pay all other transportation charges from the general fund.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4122. The cost of transporting city prisoners to an industrial farm or camp shall be borne by the city from whose courts they were committed. All other transportation charges shall be borne by the county and paid out of the general fund. (Added by Stats. 1953, Ch. 69.)
  107. 4123.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    A county must keep a person transferred from an industrial farm or camp in the county jail, and the county pays for that maintenance.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4123. Any person transferred from an industrial farm or camp to the county jail shall be maintained at the jail at the expense of the county as are other prisoners in such jail. (Added by Stats. 1953, Ch. 69.)
  108. 4124.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    County supervisors may set a charge for caring for city prisoners, but the rate cannot be higher than the county’s average daily cost per prisoner.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4124. Each county board of supervisors may specify a rate to be charged for the care of city prisoners, which rate shall not exceed the average cost to the county of caring for one prisoner per day. In calculating this average cost, the value of the farm products used in other county institutions and in supplying the needs of paupers, incompetents, poor and indigent persons and persons incapacitated by age, disease or accident shall be deducted from the cost of maintenance, and the cost of the original investment in establishing an industrial farm shall not be included. The reasonable value of services rendered by city prisoners to the extent that such services inure to the benefit of the county shall be deducted from the average cost of caring for city prisoners. Cities may, under terms and conditions suitable to the board of supervisors, be assigned prisoners for the purposes authorized by Section 36904 of the Government Code. By mutual agreement between cities and the county, the rate may be changed from time to time. (Amended by Stats. 1959, Ch. 1979.)
  109. 4125.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    People in custody at an industrial farm or road camp may receive daily work credits, with a higher maximum for those who have dependents for support.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4125. Each person in custody on any industrial farm or industrial road camp who is found to have any person or persons dependent on him for support, as provided in Section 4127, shall be credited with a sum not to exceed two dollars ($2) for each day of eight hours work done by him on such farm or camp. Every other person in custody on an industrial farm or camp shall be credited with a sum not to exceed one dollar ($1) for each day of eight hours work done by him on such farm or camp. (Amended by Stats. 1968, Ch. 495.)
  110. 4125.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The board of supervisors may contract for fire-suppression work by people in custody, may credit the payments to those people, and must provide them insurance while they do that work.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4125.1. The board of supervisors may contract with the United States or the State of California, or any department or agency thereof, for the performance of work and labor by any person in custody on any county industrial farm or industrial road camp or confined in the county jail or branch thereof under a final judgment of imprisonment rendered in a criminal action or proceeding or as a condition of probation in the suppression of fires within and upon the national forests, state parks, or other lands of the United States or the State of California, or within and upon such other lands, of whatever ownership, contiguous to, or adjacent to said state or federal lands, the suppression of fires upon which other lands affords fire protection to said state or federal lands. Such payments as may be so contracted for and to be paid by the United States or by the State of California for the work and labor so performed by any person so in custody may, by order of the board of supervisors, be credited in full or in part, and upon such terms and conditions as the board shall determine, to any such person so in custody and performing such work and labor, and all in addition to those credits hereinbefore provided in Section 4125 of this code. Whenever any such person so in custody shall perform the services herein specified he shall be subject to workmen’s compensation benefits to the same extent as a county employee, and the board of supervisors shall provide and cover any such person so in custody, while performing such services, with accident, death and compensation insurance as is otherwise regularly provided for employees of the county. The term “suppression of fires” as herein used shall include the construction of firebreaks and other works of improvement for the prevention and suppression of fire whether or not constructed in the actual course of suppression of existing fires. (Amended by Stats. 1959, Ch. 1660.)
  111. 4126.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The board of supervisors must set the daily credit limit for people in custody at industrial farms or camps, and the superintendent may reduce a person's credit for lack of effort. Credited sums are paid on discharge, and a person may direct payment of credited sums to someone dependent on them or owed money.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4126. The maximum amount per day to be credited to a person in custody on an industrial farm or camp shall be fixed from time to time by the board of supervisors and shall be as large as is justified by the production on the farm or camp but shall not exceed the sums mentioned in this article. The superintendent of an industrial farm may by order cause an amount less than the maximum per day to be credited to any person because of lack of effort on the part of the person, the amount credited to be in proportion to the effort. The sum to the credit of each person employed upon an industrial farm upon his discharge shall be paid him in addition to any transportation charge otherwise paid under this article. Any person may, by written order, direct the payment of any sums credited to him under this article to any person dependent upon him or to whom he is indebted. (Added by Stats. 1953, Ch. 69.)
  112. 4127.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The sentencing court may, by written order, send all or part of certain credited sums to people dependent on the prisoner’s support, and it must determine at sentencing whether anyone depends on the defendant for support.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4127. The court by whom any person was sentenced may at any time by written order direct payment of all or any part of the sums to be credited to any such person under this article to any person or persons dependent for support on the prisoner. At the time of sentencing the court shall by making inquiry or taking evidence find whether or not any person or persons are dependent upon the defendant for support. A copy of the finding of the court shall be transmitted to the county classification committee. (Added by Stats. 1953, Ch. 69.)
  113. 4128.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The superintendent of the farm or camp may choose the day for weekly payments made under this article.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4128. Payments authorized under this article to be made to any person other than the prisoner may be made weekly on any day designated by the superintendent of the farm or camp. (Added by Stats. 1953, Ch. 69.)
  114. 4129.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The board of supervisors must provide a revolving fund for the superintendent, and county finance officers must process and cash a warrant for it.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4129. For the purpose of making the payments designated in this article the board of supervisors shall by order provide the superintendent with a revolving fund. Upon order of the board of supervisors the county auditor shall draw a warrant in favor of the superintendent of an industrial farm or camp and the county treasurer shall cash it. Thereafter the superintendent shall receive from the county general fund upon demands supported by receipts all sums paid out by him under the provisions of this section and shall return all sums so received to the revolving fund. The provisions of Section 29323 of the Government Code are applicable to a revolving fund established pursuant to this section. (Amended by Stats. 1965, Ch. 62.)
  115. 413.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person who wilfully watches a prohibited fight or contest commits a misdemeanor. If an information shows a contemplated offense, the magistrate must investigate, may issue a warrant, and may require a bond of at least $3,000 for one year.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 413. Every person wilfully present as spectator at any fight or contention prohibited in the preceding section, is guilty of a misdemeanor. An information may be laid before any of the magistrates mentioned in section eight hundred and eight of this code, that a person has taken steps toward promoting or participating in a contemplated pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, prohibited under the provision of section four hundred and twelve of this code, or is about to commit an offense under said section four hundred and twelve. When said information is laid before said magistrate, he must examine, on oath, the informer, and any witness or witnesses he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them. If it appears from the deposition that there is just reason to fear the commission of the offense contemplated by the person so informed against, the magistrate must issue a warrant directed generally to the sheriff of the county, or any constable, marshal, or policeman in the state, reciting the substance of the information and commanding the officer forthwith to arrest the person informed against and bring him before the magistrate. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses. If it appears there is no just reason to fear the commission of the offense alleged to have been contemplated, the person complained against must be discharged. If, however, there is just reason to fear the commission of the offense, the person complained of must be required to enter into an undertaking in such sum, not less than three thousand dollars, as the magistrate may direct, with one or more sufficient sureties, conditioned that such person will not, for a period of one year thereafter, commit any such contemplated offense. (Amended November 3, 1914, by initiative Proposition 20.)
  116. 4130.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    People in custody on an industrial farm should be put to productive labor when practicable, and the farm’s products must be used first to support prisoners and employees, then other county institutions, and then needy county-supported persons.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4130. So far as practicable those in custody on an industrial farm shall be employed in productive labor. The products of an industrial farm shall be used: first, to maintain the prisoners and employees on such farm; second, to supply other county institutions having need of the same with the farm’s products; third, to supply the needs of paupers, incompetents, poor and indigent persons and those incapacitated by age, disease or accident with whose relief and support the county is charged. (Added by Stats. 1953, Ch. 69.)
  117. 4131.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The superintendent must maintain discipline on an industrial farm, subject to regulations from the board of supervisors. If a prisoner refuses the farm rules or work, the county classification committee may transfer the prisoner to county or city jail, and credited sums are forfeited unless paid to a dependent person.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4131. Subject to regulations adopted by the board of supervisors the superintendent shall maintain discipline on an industrial farm. Whenever the superintendent reports to the county classification committee which assigned any prisoner to an industrial farm or camp that the prisoner refuses to abide by the rules of the farm or camp or refuses to work thereon, the committee may make an order transferring the prisoner to the county jail or city jail for the unexpired term of his sentence, and all sums credited to the prisoner shall be forfeited by him unless they have been ordered paid to some person dependent upon him. Thereafter the committee may reassign the person to the industrial farm or industrial road camp upon recommendation of the superintendent of the farm or camp. (Added by Stats. 1953, Ch. 69.)
  118. 4133.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    Industrial farm boundaries must be visibly marked, and confined persons who escape or try to escape can be imprisoned.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4133. The boundary of every industrial farm established under the provisions of this article shall be marked by a fence, hedge or by some other visible line. Every person confined on any industrial farm who escapes therefrom or attempts to escape therefrom shall upon conviction thereof be imprisoned in a state prison, or in the county jail or industrial farm for not to exceed one year. Any such imprisonment shall begin at the expiration of the imprisonment in effect at the time of the escape. (Amended by Stats. 1980, Ch. 1117, Sec. 18.)
  119. 4134.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    A board of supervisors may appoint an advisory board for an industrial farm or industrial road camp, and the board must have 3 to 5 members including a penologist and a physician.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4134. Any board of supervisors which has established or desires to establish an industrial farm or industrial road camp may at any time appoint an advisory board to consist of not less than three nor more than five persons, one member of which shall be a penologist and one member a physician. (Added by Stats. 1953, Ch. 69.)
  120. 4135.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    The advisory board must monitor county jails and the industrial farm or road camp, report its recommendations to the board of supervisors, may visit county jails, and must encourage recreational and educational activities at the industrial farm.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4135. The advisory board shall acquaint itself with the conduct of the jails in the county, keep itself informed about the administration of the industrial farm or industrial road camp, and report its recommendations and suggestions to the board of supervisors. It may visit any jail within the county, examine the records thereof, and ascertain whether or not there are any persons illegally committed to or detained at any jail. The advisory board shall encourage recreational and educational activities on the industrial farm. (Added by Stats. 1953, Ch. 69.)
  121. 4136.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    Certain sections apply to county industrial farms, county industrial road camps, and joint county road camps established under this chapter.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4136. Sections 4011, 4011.5, 4011.6 and 4011.7 are applicable to county industrial farms, county industrial road camps, and joint county road camps established pursuant to this chapter. (Added by Stats. 1968, Ch. 517.)
  122. 4137.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. )

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    A county board of supervisors may, by ordinance, let the sheriff or other responsible person remove certain prisoners from custody without a court order for listed purposes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 1. County Industrial Farms [4100 - 4137] ( Article 1 added by Stats. 1953, Ch. 69. ) ## 4137. The board of supervisors of any county in which a county industrial farm, industrial road camp, or honor camp has been established may, by ordinance, authorize the sheriff or any such person responsible to the board for the care, treatment, and custody of prisoners assigned to him as sentenced misdemeanants or felons, serving time as a condition of probation, to remove such prisoners from the facility to which they have been assigned under custody, without court order, for purposes such as: private medical, vision, or dental care, psychological care, vocational services, educational services, and funerals. (Added by Stats. 1970, Ch. 133.)
  123. 414.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person who leaves the state to evade Sections 412 or 413 and commits a prohibited act outside the state is punished as if the act had been committed inside the state.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 414. Every person who leaves this state with intent to evade any of the provisions of Section 412 or 413, and to commit any act out of this state such as is prohibited by them, and who does any act which would be punishable under these provisions if committed within this state, is punishable in the same manner as he or she would have been in case such act had been committed within this state. (Amended by Stats. 1987, Ch. 828, Sec. 27.)
  124. 414a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A competent witness may testify about offenses under this act even if the testimony could incriminate them, and they cannot later be prosecuted for that offense.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 414a. No person, otherwise competent as a witness, is disqualified from testifying as such, concerning any offense under this act, on the ground that such testimony may incriminate himself, but no prosecution can afterwards be had against him for any offense concerning which he testified. The provisions of section 1111 of the Penal Code of this state are not applicable to any prosecutions brought under the provisions of this act. (Added November 3, 1914, by initiative Proposition 20.)
  125. 415.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    This section punishes a person who fights or challenges someone to fight in public, disturbs another person with loud and unreasonable noise, or uses offensive words in a public place likely to provoke immediate violence.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 415. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine: (1) Any person who unlawfully fights in a public place or challenges another person in a public place to fight. (2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise. (3) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction. (Amended by Stats. 1983, Ch. 1092, Sec. 283. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  126. 415.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    This section makes certain fighting, challenging to fight, loud disturbance, or use of offensive words in specified school-related locations a misdemeanor, with higher penalties for repeat offenders and an exception for registered students and lawful employee concerted activity.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 415.5. (a) Any person who (1) unlawfully fights within any building or upon the grounds of any school, community college, university, or state university or challenges another person within any building or upon the grounds to fight, or (2) maliciously and willfully disturbs another person within any of these buildings or upon the grounds by loud and unreasonable noise, or (3) uses offensive words within any of these buildings or upon the grounds which are inherently likely to provoke an immediate violent reaction is guilty of a misdemeanor punishable by a fine not exceeding four hundred dollars ($400) or by imprisonment in the county jail for a period of not more than 90 days, or both. (b) If the defendant has been previously convicted once of a violation of this section or of any offense defined in Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the defendant shall be sentenced to imprisonment in the county jail for a period of not less than 10 days or more than six months, or by both that imprisonment and a fine of not exceeding one thousand dollars ($1,000), and shall not be released on probation, parole, or any other basis until not less than 10 days of imprisonment has been served. (c) If the defendant has been previously convicted two or more times of a violation of this section or of any offense defined in Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the defendant shall be sentenced to imprisonment in the county jail for a period of not less than 90 days or more than six months, or by both that imprisonment and a fine of not exceeding one thousand dollars ($1,000), and shall not be released on probation, parole, or any other basis until not less than 90 days of imprisonment has been served. (d) For the purpose of determining the penalty to be imposed pursuant to this section, the court may consider a written report from the Department of Justice containing information from its records showing prior convictions; and the communication is prima facie evidence of such convictions, if the defendant admits them, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions. (e) As used in this section “state university,” “university,” “community college,” and “school” have the same meaning as these terms are given in Section 626. (f) This section shall not apply to any person who is a registered student of the school, or to any person who is engaged in any otherwise lawful employee concerted activity. (Amended by Stats. 1988, Ch. 1113, Sec. 3.)
  127. 416.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    People who gather to disturb the public peace or commit an unlawful act must disperse when a public officer orders them to do so; if they do not, they are guilty of a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 416. (a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor. (b) Any person who, as a result of violating subdivision (a), personally causes damage to real or personal property, which is either publicly or privately owned, shall make restitution for the damage he or she caused, including, but not limited to, the costs of cleaning up, repairing, replacing, or restoring the property. Any restitution required to be paid pursuant to this subdivision shall be paid directly to the victim. If the court determines that the defendant is unable to pay restitution, the court shall order the defendant to perform community service, as the court deems appropriate, in lieu of the direct restitution payment. (c) This section shall not preclude the court from imposing restitution in the form of a penalty assessment pursuant to Section 1464 if the court, in its discretion, deems that additional restitution appropriate. (d) The burden of proof on the issue of whether any defendant or defendants personally caused any property damage shall rest with the prosecuting agency or claimant. In no event shall the burden of proof on this issue shift to the defendant or any of several defendants to prove that he or she was not responsible for the property damage. (Amended by Stats. 1989, Ch. 572, Sec. 1.)
  128. 417.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    This section forbids certain rude, angry, threatening, or unlawful uses of deadly weapons and firearms, with higher penalties in some locations or when a peace officer, day care center, or graffiti cleanup is involved.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417. (a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days. (2) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months. (b) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any loaded firearm in a rude, angry, or threatening manner, or who, in any manner, unlawfully uses any loaded firearm in any fight or quarrel upon the grounds of any day care center, as defined in Section 1596.76 of the Health and Safety Code, or any facility where programs, including day care programs or recreational programs, are being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility is open for use, shall be punished by imprisonment in the state prison for 16 months, or two or three years, or by imprisonment in a county jail for not less than three months, nor more than one year. (c) Every person who, in the immediate presence of a peace officer, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, and who knows, or reasonably should know, by the officer’s uniformed appearance or other action of identification by the officer, that he or she is a peace officer engaged in the performance of his or her duties, and that peace officer is engaged in the performance of his or her duties, shall be punished by imprisonment in a county jail for not less than nine months and not to exceed one year, or in the state prison for 16 months, or two or three years. (d) Except where a different penalty applies, every person who violates this section when the other person is in the process of cleaning up graffiti or vandalism is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than three months nor more than one year. (e) As used in this section, “peace officer” means any person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (f) As used in this section, “public place” means any of the following: (1) A public place in an incorporated city. (2) A public street in an incorporated city. (3) A public street in an unincorporated area. (Amended by Stats. 2011, Ch. 15, Sec. 347. (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.)
  129. 417.25.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person must not, except in self-defense, aim or point a laser scope or laser pointer at another person in a threatening manner with the intent to cause fear of bodily harm.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417.25. (a) Every person who, except in self-defense, aims or points a laser scope, as defined in subdivision (b), or a laser pointer, as defined in subdivision (c), at another person in a threatening manner with the specific intent to cause a reasonable person fear of bodily harm is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 30 days. For purposes of this section, the laser scope need not be attached to a firearm. (b) As used in this section, “laser scope” means a portable battery-powered device capable of being attached to a firearm and capable of projecting a laser light on objects at a distance. (c) As used in this section, “laser pointer” means any hand held laser beam device or demonstration laser product that emits a single point of light amplified by the stimulated emission of radiation that is visible to the human eye. (Amended by Stats. 1999, Ch. 621, Sec. 1. Effective January 1, 2000.)
  130. 417.26.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    It is a misdemeanor to aim or point a laser scope or laser pointer at a peace officer with intent to cause fear of bodily harm, when you know or should know the person is a peace officer.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417.26. (a) Any person who aims or points a laser scope as defined in subdivision (b) of Section 417.25, or a laser pointer, as defined in subdivision (c) of that section, at a peace officer with the specific intent to cause the officer apprehension or fear of bodily harm and who knows or reasonably should know that the person at whom he or she is aiming or pointing is a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding six months. (b) Any person who commits a second or subsequent violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year. (Added by Stats. 1999, Ch. 438, Sec. 2. Effective January 1, 2000.)
  131. 417.27.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    This section bans certain laser pointer conduct, including selling laser pointers to unaccompanied minors, student possession at elementary or secondary school premises without a school-related purpose, and shining laser beams into people, vehicles, or specified dogs with intent to harass or annoy.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417.27. (a) No person, corporation, firm, or business entity of any kind shall knowingly sell a laser pointer to a person 17 years of age or younger, unless he or she is accompanied and supervised by a parent, legal guardian, or any other adult 18 years of age or older. (b) No student shall possess a laser pointer on any elementary or secondary school premises unless possession of a laser pointer on the elementary or secondary school premises is for a valid instructional or other school-related purpose, including employment. (c) No person shall direct the beam from a laser pointer directly or indirectly into the eye or eyes of another person or into a moving vehicle with the intent to harass or annoy the other person or the occupants of the moving vehicle. (d) No person shall direct the beam from a laser pointer directly or indirectly into the eye or eyes of a guide dog, signal dog, service dog, or dog being used by a peace officer with the intent to harass or annoy the animal. (e) A violation of subdivision (a), (b), (c), or (d) shall be an infraction that is punished by either a fine of fifty dollars ($50) or four hours of community service, and a second or subsequent violation of any of these subdivisions shall be an infraction that is punished by either a fine of one hundred dollars ($100) or eight hours of community service. (f) As used in this section, “laser pointer” has the same meaning as set forth in subdivision (c) of Section 417.25. (g) As used in this section, “guide dog,” “signal dog,” and “service dog,” respectively, have the same meaning as set forth in subdivisions (d), (e), and (f) of Section 365.5. (Added by Stats. 1999, Ch. 621, Sec. 2. Effective January 1, 2000.)
  132. 417.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person must not, except in self-defense, display a firearm in a threatening way against another person in a vehicle on a public street or highway; doing so is a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417.3. Every person who, except in self-defense, in the presence of any other person who is an occupant of a motor vehicle proceeding on a public street or highway, draws or exhibits any firearm, whether loaded or unloaded, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by imprisonment for 16 months or two or three years and a three thousand dollar ($3,000) fine. Nothing in this section shall preclude or prohibit prosecution under any other statute. (Amended by Stats. 2011, Ch. 15, Sec. 348. (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.)
  133. 417.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person may not, except in self-defense, draw or show an imitation firearm in a threatening way that would make a reasonable person fear bodily harm. Violations are misdemeanors and carry at least 30 days in county jail.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417.4. Every person who, except in self-defense, draws or exhibits an imitation firearm, as defined in subdivision (a) of Section 16700, in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm is guilty of a misdemeanor punishable by imprisonment in a county jail for a term of not less than 30 days. (Amended by Stats. 2010, Ch. 178, Sec. 56. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  134. 417.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    If serious bodily injury is intentionally caused during a violation of Section 417 or 417.8 with a firearm or deadly weapon, the offense is punishable by jail or prison. The section also defines “serious bodily injury” and requires the court to order certain weapons owned by the convicted person treated as a nuisance and disposed of.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417.6. (a) If, in the commission of a violation of Section 417 or 417.8, serious bodily injury is intentionally inflicted by the person drawing or exhibiting the firearm or deadly weapon, the offense shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment in state prison. (b) As used in this section, “serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement. (c) When a person is convicted of a violation of Section 417 or 417.8 and the deadly weapon or firearm used by the person is owned by that person, the court shall order that the weapon or firearm be deemed a nuisance and disposed of in the manner provided by Sections 18000 and 18005. (Amended by Stats. 2012, Ch. 43, Sec. 18. (SB 1023) Effective June 27, 2012.)
  135. 417.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person who draws or displays a firearm or other deadly weapon to resist or stop an arrest or detention by a peace officer can be sent to state prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 417.8. Every person who draws or exhibits any firearm, whether loaded or unloaded, or other deadly weapon, with the intent to resist or prevent the arrest or detention of himself or another by a peace officer shall be imprisoned in the state prison for two, three, or four years. (Added by Stats. 1982, Ch. 142, Sec. 2.5.)
  136. 418.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person must not use, or help another use, force or violence to enter or keep possession of another person’s land or possessions, except as allowed by law.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 418. Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor. (Enacted 1872.)
  137. 419.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    A person removed from land by legal process, or by a court or officer’s lawful direction, must not unlawfully return to settle, live on, or take possession of that land.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 419. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any Court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor. (Enacted 1872.)
  138. 420.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    It is a misdemeanor for any person to unlawfully block someone from entering, settling, or residing on qualifying public land in California, or from passing over or through that land for those purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 420. Every person who unlawfully prevents, hinders, or obstructs any person from peaceably entering upon or establishing a settlement or residence on any tract of public land of the United States within the State of California, subject to settlement or entry under any of the public land laws of the United States; or who unlawfully hinders, prevents, or obstructs free passage over or through the public lands of the United States within the State of California, for the purpose of entry, settlement, or residence, as aforesaid, is guilty of a misdemeanor. (Added by Stats. 1905, Ch. 516.)
  139. 420.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. )

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    It is an infraction to willfully and knowingly block someone from entering, crossing, or leaving land when that person has a recorded right to access or inspect it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE [403 - 420.1] ( Title 11 enacted 1872. ) ## 420.1. Anyone who willfully and knowingly prevents, hinders, or obstructs any person from entering, passing over, or leaving land in which that person enjoys, either personally or as an agent, guest, licensee, successor-in-interest, or contractor, a right to enter, use, cross, or inspect the property pursuant to an easement, covenant, license, profit, or other interest in the land, is guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500), provided that the interest to be exercised has been duly recorded with the county recorder’s office. This section shall not apply to the following persons: (1) any person engaged in lawful labor union activities that are permitted to be carried out by state or federal law; or (2) any person who is engaging in activities protected by the California Constitution or the United States Constitution. (Added by Stats. 1998, Ch. 271, Sec. 1. Effective January 1, 1999.)
  140. 4200.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    This article may be cited as the Joint County Road Camp Act.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4200. This article shall be known and may be cited as the Joint County Road Camp Act. (Added by Stats. 1953, Ch. 69.)
  141. 4201.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Two or more counties may form a district to require jailed persons serving final criminal imprisonment terms to work on public works or highways and to operate joint county road camps.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4201. Any two or more counties may form a district for the purpose of requiring all persons confined in the county jails of such counties, under a final judgment of imprisonment rendered in a criminal action or proceeding, to perform labor on the public works or public highways in all or any of such counties, and to maintain for that purpose one or more joint county road camps in which such jail prisoners of any or all of said counties may work together. (Added by Stats. 1953, Ch. 69.)
  142. 4202.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    A district organized under this article may exercise the powers expressly granted here and other powers that are reasonably implied and necessary to carry out the article’s purposes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4202. Any district organized under this article shall have and exercise the powers expressly granted in this article, together with such other powers as are reasonably implied therefrom and necessary and proper to carry out the objects and purposes of this article. (Added by Stats. 1953, Ch. 69.)
  143. 4203.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    A county board of supervisors may start proceedings to create a joint district for a joint county road camp, if the district would include at least two counties with a combined population of at least 50,000.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4203. The board of supervisors of any county may initiate proceedings proposing the creation of a joint district for the purpose of maintaining a joint county road camp or camps under the provisions of this article to be composed of two or more counties having a combined population of not less than 50,000 persons, according to the official census next preceding the formation of such district, by the adoption of a resolution reciting the following: (1) That it will be beneficial to the public interest to create a joint district wherein persons confined in any county jail within such district under a final judgment of imprisonment rendered in a criminal action or proceeding may be required to perform labor on the public works or ways within said district, and that a joint county road camp or camps be established and maintained for that purpose. (2) The names of the counties proposed to be included in the proposed district which will be benefited by the formation thereof. (3) That it is proposed to create a joint district for the establishment and maintenance of a joint county road camp under the provisions of this article composed of the counties so named. (Added by Stats. 1953, Ch. 69.)
  144. 4204.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    After the resolution is adopted, certified copies must be sent to county clerks in the other named counties, and the adopting county’s board of supervisors must appoint one of its members to the joint district board.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4204. When adopted certified copies of the resolution provided for in Section 4203, shall be transmitted to the several clerks of the boards of supervisors in each of the counties named in the resolution other than that in which the proceedings are initiated. Upon the adoption of the resolution provided for in Section 4203, the board of supervisors of the county adopting the same shall name and appoint a member of the board to represent the county upon the board of directors of the joint district proposed to be organized. (Added by Stats. 1953, Ch. 69.)
  145. 4205.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    County boards of supervisors must consider a proposed joint district and vote to reject or approve it; if they approve, the resolution must name a board member to represent the county and a certified copy must be sent promptly to the initiating clerk.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4205. Upon receipt of the resolution adopted under Section 4203, the boards of supervisors of the counties affected and to whom the same may be directed shall consider the advisability of creating and organizing a joint district as proposed in said resolution and, upon determining the facts involved therein, shall severally adopt resolutions either rejecting or approving the proposal to create such joint district. Each resolution of approval shall, in addition to the matter otherwise required therein, also name and appoint the member of the board of supervisors of the county adopting the resolution qualified to represent such county upon the board of directors of the proposed joint district. A certified copy of the resolution of approval shall be forthwith transmitted to the clerk of the board of supervisors initiating the proceedings. (Added by Stats. 1953, Ch. 69.)
  146. 4206.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    County supervisors must adopt a resolution to create and organize a joint district after receiving approvals from the other counties, and a certified copy must be filed with the Secretary of State before the district is treated as created.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4206. The board of supervisors of any county initiating proceedings for the creation of a joint district under this article shall, after the receipt of a copy of the resolution approving the proposal to form such district as provided in Section 4205 from the board of supervisors of each county proposed to be included within any such joint district, adopt a resolution declaring the creation and organization of said joint district and setting forth the names of the counties composing said district. A certified copy of the resolution shall be transmitted to and filed with the Secretary of State, whereupon the joint district shall be deemed created and organized and shall exercise all the powers granted in this article and shall bear the name and designation of “Joint County Road Camp District No. ________ of the State of California.” (Added by Stats. 1953, Ch. 69.)
  147. 4207.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Districts formed under this article must be numbered in order of creation, and the Secretary of State must assign the number and keep a register of the districts.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4207. All districts organized under this article shall be numbered in the order of their creation, the number to be assigned to said district forthwith upon the organization thereof by the Secretary of State, and the Secretary of State shall keep and maintain in his office a list and register showing the joint county road camp districts organized under this article. (Added by Stats. 1953, Ch. 69.)
  148. 4208.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    The Secretary of State must send a certificate of organization to the county board clerk, and the clerk must forward copies, notify district supervisors, and set the first board meeting time and place within the stated deadlines.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4208. The Secretary of State shall furnish and transmit to the clerk of the board of supervisors of the county adopting the initial resolution for the organization of any district under this article a certificate of the organization of the same. Upon receipt of the certificate the clerk shall within 10 days send a certified copy of the certificate to each of the clerks of the several boards of supervisors of the counties constituting the district, and shall also within the time specified in this section notify each supervisor appointed as a member of the board of directors of the district of such fact and of the time and place of the first meeting of the board of directors of the district. The time and place of the meeting shall be fixed and determined by the clerk of the board adopting the initial resolution, but said time of meeting shall be within 30 days after the date of mailing notices thereof. The necessary expense incurred by supervisors in attending and in going to and coming from any meeting of the board of directors of the district shall constitute a county charge of their respective counties. (Added by Stats. 1953, Ch. 69.)
  149. 4209.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    The body formed under Section 4208 is called the board of directors of the district.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4209. The body formed under Section 4208 shall be called the board of directors of such district. (Added by Stats. 1953, Ch. 69.)
  150. 4210.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    County delegates may make agreements with other counties for the joint road camp enterprise and divide establishment and maintenance costs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4210. The delegates from each county may enter into an agreement with the other counties for and on behalf of the county appointing them, binding said counties to the joint enterprise provided for in this article and apportioning the cost of establishing and maintaining a road camp or camps, such cost to be apportioned on the basis of the population of the respective counties as determined by the official declaration of the State Legislature determining the population of counties next preceding such apportionment. (Added by Stats. 1953, Ch. 69.)
  151. 4211.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Amounts due from a county under this article become a debt owed by the county and may be collected by the district’s board of directors or, for it, by a county board of supervisors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4211. All sums found due from any county according to the provisions of this article are a debt against said county, and may be collected in the manner provided by law by the said board of directors of a district formed under this article, or, in its behalf, by the board of supervisors of any county in the district by an action instituted and tried in any county in the district in which the same may be first filed. (Added by Stats. 1953, Ch. 69.)
  152. 4212.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

    Verify source ↗

    The board of directors may set up road camps for this article and provide the staff, equipment, tools, and supervisors needed to operate them and care for the prisoners working there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4212. The board of directors may establish the road camp or camps provided for in this article, and may furnish such camp or camps with the necessary personnel and equipment to transport, feed, clothe, shelter and lodge the prisoners who shall work therein and with the necessary hand tools and appliances for their work, and may employ one or more persons to supervise the camp and the work of the prisoners. (Added by Stats. 1953, Ch. 69.)
  153. 4213.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Counties in a district under this article must pay their share from the general fund to the board of directors, send a monthly expense statement and claim to the county boards of supervisors, and pay received amounts into the cash revolving fund.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4213. Each county in a district formed under this article shall pay from its general fund its proportionate share to the board of directors of such amount as the board may designate to constitute a cash revolving fund to carry on the work and expense of maintaining such camp or camps. Each month a statement of the expense of the camp shall be sent to the board of supervisors of each county in the district, together with a claim for its proportionate share of expenses. Amounts when received shall be paid into the cash revolving fund. (Added by Stats. 1953, Ch. 69.)
  154. 4214.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    County parole commissioners must decide within 15 days whether a jailed person should be paroled to work in a joint county road camp, and if paroled, the person must do labor there and be transferred by the sheriff.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4214. Within 15 days after any person is confined in the county jail of any county within a district under a final judgment of imprisonment rendered in a criminal action or proceeding, the county parole commissioners of such county shall meet and determine whether he should be paroled to work in the joint county road camps established under this article. If it appears to the commissioners that a prisoner is a fit subject for parole to a camp formed under this article, they shall forthwith parole him with the requirement that he perform labor in such joint county road camp wherever it may then be situated, or may thereafter be moved to during his term of imprisonment, and he shall forthwith be transferred by the sheriff of the county in which he is confined to said road camp at the expense of the county in which he was sentenced to imprisonment. (Added by Stats. 1953, Ch. 69.)
  155. 4215.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Boards of directors of joint county road camp districts may contract with public works or local road authorities to employ jail prisoners on qualifying highway, county road, or public work projects within the district.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4215. The boards of directors of joint county road camp districts may contract with the State Department of Public Works for the employment of jail prisoners in the construction, improvement, or maintenance of any portion of any state highway now existing, to be constructed, or under construction within said district and may also contract with any board of supervisors or with any supervisor of any road district, within said district, for the employment of jail prisoners on any county road or county public work within any county or road district lying within any district created under this article. (Added by Stats. 1953, Ch. 69.)
  156. 4216.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    When road camp prisoners work on a state highway, the district and the State Department of Public Works must pay the maintenance, supervision, and prisoner compensation costs on terms and proportions they agree on.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4216. When the prisoners of a road camp are engaged in the construction or maintenance of any portion of the state highway the expense of maintaining them together with the compensation of such prisoners fixed by the board of directors as provided in this article, and the expense of supervision and maintenance of the road camp and the prisoners thereof, shall be paid for by the district and the State Department of Public Works upon such terms and in such proportions as may be agreed upon by the Department of Public Works and the district. (Added by Stats. 1953, Ch. 69.)
  157. 4217.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    The Department of Public Works must pay money spent under this article from funds available for building or maintaining the highway where the district prisoners work.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4217. Any money expended by the Department of Public Works under the provisions of this article shall be taken from any funds available for the construction or maintenance of the highway upon which the prisoners of the district labor. (Added by Stats. 1953, Ch. 69.)
  158. 4218.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    The State Department of Public Works may contract with the boards of directors of the joint districts created under this article for the article’s purposes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4218. The State Department of Public Works may contract with the boards of directors of the joint districts created under this article for all the purposes stated in this article. (Added by Stats. 1953, Ch. 69.)
  159. 4219.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Joint road camp costs and prisoner compensation must be paid from available road-work funds, or from the county general fund if the board of supervisors approves by a four-fifths vote.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4219. When a joint road camp, and the prisoners thereof, are employed in the construction or maintenance of any county way, road or public work, the total expense of maintenance, operation and supervision, of said camp, and the compensation of the prisoners thereof shall be paid for from any funds which may be available for the construction or maintenance of such road, highway or other public works on which said prisoners are employed, or from the county general fund upon a four-fifths vote of the board of supervisors of said county. (Added by Stats. 1953, Ch. 69.)
  160. 422.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )

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    A person who willfully makes a qualifying threat of a crime causing death or great bodily injury may be punished by jail or state prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. ) ## 422. (a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for their own safety or for their immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison. (b) In sentencing a person convicted of a felony violation of subdivision (a), the court may consider, as a factor in aggravation, that the defendant willfully threatened to commit a crime that would result in the death or great bodily injury of a person the defendant knew was a state constitutional officer, a Member of the Legislature, or a judge or court commissioner, as defined in subdivisions (a), (b), (c), (n), and (q) of Section 7920.500 of the Government Code. (c) (1) For purposes of this section, “immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (2) For purposes of this section, “electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Subsection 12 of Section 2510 of Title 18 of the United States Code. (Amended by Stats. 2025, Ch. 554, Sec. 1. (AB 352) Effective January 1, 2026.)
  161. 422.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )

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    A person convicted of certain felony false-report offenses must be ordered to pay full restitution, and the court must limit government-response restitution to reasonable costs.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. ) ## 422.1. Every person who is convicted of a felony violation of Section 148.1 or 11418.1, under circumstances in which the defendant knew the underlying report was false, in addition to being ordered to comply with all other applicable restitution requirements and fine and fee provisions, shall also be ordered to pay full restitution to each of the following: (a) Any person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity for any personnel, equipment, material, or clean up costs, and for any property damage, caused by the violation directly, or stemming from any emergency response to the violation or its aftermath. (b) Any public or private entity incurring any costs for actual emergency response, for all costs of that response and for any clean up costs, including any overtime paid to uninvolved personnel made necessary by the allocation of resources to the emergency response and clean up. (c) Restitution for the costs of response by a government entity under this section shall be determined in a hearing separate from the determination of guilt. The court shall order restitution in an amount no greater than the reasonable costs of the response. The burden shall be on the people to prove the reasonable costs of the response. (d) In determining the restitution for the costs of response by a government entity, the court shall consider the amount of restitution to be paid to the direct victim, as defined in subdivision (k) of Section 1202.4. (Added by Stats. 2002, Ch. 281, Sec. 1. Effective January 1, 2003.)
  162. 422.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )

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    It is a crime to willfully threaten, in a sufficiently immediate and specific way, to commit a violent crime against people at certain locations, if the threat is meant to be taken seriously and causes sustained fear.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. ) ## 422.3. (a) Except as provided in subdivision (b), any person who willfully threatens, by any means, including, but not limited to, an image or threat posted or published on an internet web page, to commit a crime that will result in death or great bodily injury to another person or persons at a daycare, school, university, workplace, house of worship, or medical facility with specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, if the threat on its face and under the circumstances in which it is made is so unequivocal, unconditional, immediate, and specific as to convey to the person or persons threatened a gravity of purpose and an immediate prospect of execution of the threat, and if that threat causes a person or persons to reasonably be in sustained fear for their own safety or the safety of others at these locations, shall be punished by imprisonment in the county jail not to exceed one year or by imprisonment pursuant to subdivision (h) of Section 1170. (b) If a person who commits an act in violation of subdivision (a) is under 18 years of age, the person shall be referred to services pursuant to Section 654 of the Welfare and Institutions Code, if eligible. If ineligible, the offense shall be punished as a misdemeanor. (c) This section does not preclude or prohibit prosecution under any other law, except that a person shall not be convicted for the same threat under both this section and Section 422. (Added by Stats. 2025, Ch. 594, Sec. 1. (SB 19) Effective January 1, 2026.)
  163. 422.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. )

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    Publishing certain information about an academic researcher, with intent that it be used imminently for violence or a threat of violence, is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.5. CRIMINAL THREATS [422 - 422.4] ( Heading of Title 11.5 amended by Stats. 2000, Ch. 1001, Sec. 4. ) ## 422.4. (a) Any person who publishes information describing or depicting an academic researcher or his or her immediate family member, or the location or locations where an academic researcher or an immediate family member of an academic researcher may be found, with the intent that another person imminently use the information to commit a crime involving violence or a threat of violence against an academic researcher or his or her immediate family member, and the information is likely to produce the imminent commission of such a crime, is guilty of a misdemeanor, punishable by imprisonment in a county jail for not more than one year, a fine of not more than one thousand dollars ($1,000), or by both a fine and imprisonment. (b) For the purposes of this section, all of the following apply: (1) “Publishes” means making the information available to another person through any medium, including, but not limited to, the Internet, the World Wide Web, or e-mail. (2) “Academic researcher” has the same meaning as in Section 602.12. (3) “Immediate family” means any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (4) “Information” includes, but is not limited to, an image, film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, or any other computer-generated image. (c) Any academic researcher about whom information is published in violation of subdivision (a) may seek a preliminary injunction enjoining any further publication of that information. This subdivision shall not apply to a person or entity protected pursuant to Section 1070 of the Evidence Code. (d) This section shall not apply to any person who is lawfully engaged in labor union activities that are protected under state or federal law. (e) This section shall not preclude prosecution under any other provision of law. (Added by Stats. 2008, Ch. 492, Sec. 3. Effective September 28, 2008.)
  164. 422.55.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 1. Definitions [422.55 - 422.57] ( Chapter 1 added by Stats. 2004, Ch. 700, Sec. 6. )

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    This provision defines “hate crime” for this title and, unless a different meaning clearly applies, for other state law too.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 1. Definitions [422.55 - 422.57] ( Chapter 1 added by Stats. 2004, Ch. 700, Sec. 6. ) ## 422.55. For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply: (a) “Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: (1) Disability. (2) Gender. (3) Nationality. (4) Race or ethnicity. (5) Religion. (6) Sexual orientation. (7) Association with a person or group with one or more of these actual or perceived characteristics. (b) “Hate crime” includes, but is not limited to, a violation of Section 422.6. (Added by Stats. 2004, Ch. 700, Sec. 6. Effective January 1, 2005.)
  165. 422.56.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 1. Definitions [422.55 - 422.57] ( Chapter 1 added by Stats. 2004, Ch. 700, Sec. 6. )

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    This section defines several terms used in the title, including association, disability, gender, gender expression, nationality, race or ethnicity, religion, sexual orientation, and victim.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 1. Definitions [422.55 - 422.57] ( Chapter 1 added by Stats. 2004, Ch. 700, Sec. 6. ) ## 422.56. For purposes of this title, the following definitions shall apply: (a) “Association with a person or group with one or more of these actual or perceived characteristics” includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55. (b) “Disability” includes mental disability and physical disability, as defined in Section 12926 of the Government Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. This definition is declaratory of existing law. (c) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior regardless of whether it is stereotypically associated with the person’s assigned sex at birth. (d) “In whole or in part because of” means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735. (e) “Nationality” means country of origin, immigration status, including citizenship, and national origin. This definition is declaratory of existing law. (f) “Race or ethnicity” includes ancestry, color, and ethnic background. (g) “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. (h) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality. (i) “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense. (Amended by Stats. 2021, Ch. 295, Sec. 1. (AB 600) Effective January 1, 2022.)
  166. 422.57.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 1. Definitions [422.55 - 422.57] ( Chapter 1 added by Stats. 2004, Ch. 700, Sec. 6. )

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    This section says “gender” means the same as in Section 422.56, unless another law or the context clearly requires a different meaning.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 1. Definitions [422.55 - 422.57] ( Chapter 1 added by Stats. 2004, Ch. 700, Sec. 6. ) ## 422.57. For purposes this code, unless an explicit provision of law or the context clearly requires a different meaning, “gender” has the same meaning as in Section 422.56. (Added by Stats. 2004, Ch. 700, Sec. 6. Effective January 1, 2005.)
  167. 422.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    This section prohibits threatening, injuring, intimidating, interfering with, or damaging property to stop someone from exercising legal rights because of protected characteristics, and it sets penalties for conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.6. (a) A person, whether or not acting under color of law, shall not, by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. (b) A person, whether or not acting under color of law, shall not knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of a right or privilege secured by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. (c) A person convicted of violating subdivision (a) or (b) shall be punished either by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, or pursuant to subdivision (h) of Section 1170. In addition to that punishment, the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than the person’s hours of employment or school attendance. However, a person shall not be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat. (d) Conduct that violates this and any other law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 11410) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and another law shall not be punished under more than one law, and the penalty to be imposed shall be determined as set forth in Section 654. (Amended by Stats. 2024, Ch. 821, Sec. 2. (AB 2099) Effective January 1, 2025.)
  168. 422.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    Certain hate crimes not punishable by state prison are punishable by jail, a possible fine, or both, with an exception for persons punished under Section 422.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.7. Except in the case of a person punished under Section 422.6, any hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person’s free exercise or enjoyment of any right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States under any of the following circumstances, which shall be charged in the accusatory pleading: (a) The crime against the person of another either includes the present ability to commit a violent injury or causes actual physical injury. (b) The crime against property causes damage in excess of nine hundred fifty dollars ($950). (c) The person charged with a crime under this section has been convicted previously of a violation of subdivision (a) or (b) of Section 422.6, or has been convicted previously of a conspiracy to commit a crime described in subdivision (a) or (b) of Section 422.6. (Amended by Stats. 2011, Ch. 15, Sec. 352. (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.)
  169. 422.75.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    This section adds prison time for certain hate-crime felonies or attempts, with higher enhancements when the offender acted with another person and an extra year for each qualifying prior hate-crime felony conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.75. (a) Except in the case of a person punished under Section 422.7, a person who commits a felony that is a hate crime or attempts to commit a felony that is a hate crime, shall receive an additional term of one, two, or three years in the state prison, at the court’s discretion. (b) Except in the case of a person punished under Section 422.7 or subdivision (a) of this section, any person who commits a felony that is a hate crime, or attempts to commit a felony that is a hate crime, and who voluntarily acted in concert with another person, either personally or by aiding and abetting another person, shall receive an additional two, three, or four years in the state prison, at the court’s discretion. (c) For the purpose of imposing an additional term under subdivision (a) or (b), it shall be a factor in aggravation that the defendant personally used a firearm in the commission of the offense. Nothing in this subdivision shall preclude a court from also imposing a sentence enhancement pursuant to Section 12022.5, 12022.53, or 12022.55, or any other law. (d) A person who is punished pursuant to this section also shall receive an additional term of one year in the state prison for each prior felony conviction on charges brought and tried separately in which it was found by the trier of fact or admitted by the defendant that the crime was a hate crime. This additional term shall only apply where a sentence enhancement is not imposed pursuant to Section 667 or 667.5. (e) Any additional term authorized by this section shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (f) Any additional term imposed pursuant to this section shall be in addition to any other punishment provided by law. (g) Notwithstanding any other provision of law, the court may strike any additional term imposed by this section if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment. (Amended by Stats. 2004, Ch. 700, Sec. 10. Effective January 1, 2005.)
  170. 422.76.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    For sentencing under subdivision (b) of Section 1170, a hate-crime felony or attempted felony is treated as an aggravating circumstance, unless the stated exceptions apply.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.76. Except where the court imposes additional punishment under Section 422.75 or in a case in which the person has been convicted of an offense subject to Section 1170.8, the fact that a person committed a felony or attempted to commit a felony that is a hate crime shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170. (Added by renumbering Section 1170.75 by Stats. 2004, Ch. 700, Sec. 23. Effective January 1, 2005.)
  171. 422.77.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    Violating certain civil rights orders can be a misdemeanor with fines or jail time; repeat offenders can face up to one year in county jail, and courts may order community service for hate-crime convictions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.77. (a) Any willful and knowing violation of any order issued pursuant to subdivision (b) or (c) of Section 52.1 of the Civil Code shall be a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (b) A person who has previously been convicted one or more times of violating an order issued pursuant to subdivision (b) or (c) of Section 52.1 of the Civil Code upon charges separately brought and tried shall be imprisoned in the county jail for not more than one year. Subject to the discretion of the court, the prosecution shall have the opportunity to present witnesses and relevant evidence at the time of the sentencing of a defendant pursuant to this subdivision. (c) The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders issued pursuant to Section 52.1 of the Civil Code. (d) The court may order a defendant who is convicted of a hate crime to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than their hours of employment or school attendance. (Amended by Stats. 2021, Ch. 434, Sec. 3. (SB 827) Effective January 1, 2022.)
  172. 422.78.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    Each county’s prosecuting agency has primary responsibility for enforcing certain orders under this title and Civil Code Section 52.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.78. The prosecuting agency of each county shall have the primary responsibility for the enforcement of orders issued pursuant to this title or Section 52.1 of the Civil Code. (Added by Stats. 2004, Ch. 700, Sec. 13. Effective January 1, 2005.)
  173. 422.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    This title must not be read to stop or limit the prosecution of any person under any law, unless another law requires that result.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.8. Except as otherwise required by law, nothing in this title shall be construed to prevent or limit the prosecution of any person pursuant to any provision of law. (Amended by Stats. 1991, Ch. 839, Sec. 4.)
  174. 422.85.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    After certain hate-crime-related convictions, the court must order victim protection and make compliance a probation condition, and it may also add training, compensation, or reimbursement requirements.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.85. (a) In the case of any person who is convicted of any offense against the person or property of another individual, private institution, or public agency, committed because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, gender identity, gender expression, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, the court, absent compelling circumstances stated on the record, shall make an order protecting the victim, or known immediate family or domestic partner of the victim, from further acts of violence, threats, stalking, or harassment by the defendant, including any stay-away conditions the court deems appropriate, and shall make obedience of that order a condition of the defendant’s probation. In these cases the court may also order that the defendant be required to do one or more of the following as a condition of probation: (1) Complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community. (2) Make payments or other compensation to a community-based program or local agency that provides services to victims of hate violence. (3) Reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s acts. (b) Any payments or other compensation ordered under this section shall be in addition to restitution payments required under Section 1203.04, and shall be made only after that restitution is paid in full. (Amended by Stats. 2011, Ch. 719, Sec. 32. (AB 887) Effective January 1, 2012.)
  175. 422.86.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    The Judicial Council must develop a court rule for hate crime sentencing and consult experts, including organizations representing hate crime victims.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.86. (a) It is the public policy of this state that the principal goals of sentencing for hate crimes, are the following: (1) Punishment for the hate crimes committed. (2) Crime and violence prevention, including prevention of recidivism and prevention of crimes and violence in prisons and jails. (3) Restorative justice for the immediate victims of the hate crimes and for the classes of persons terrorized by the hate crimes. (b) The Judicial Council shall develop a rule of court guiding hate crime sentencing to implement the policy in subdivision (a). In developing the rule of court, the council shall consult experts including organizations representing hate crime victims. (Added by Stats. 2004, Ch. 700, Sec. 14. Effective January 1, 2005.)
  176. 422.865.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. )

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    For certain hate-crime-related commitments, the court or community program director may require counseling or civil-rights training, and the court must issue victim-protection orders unless compelling circumstances are stated on the record.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2. Crimes and Penalties [422.6 - 422.865] ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) ## 422.865. (a) In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment facility, the court or community program director may order that the defendant be required as a condition of outpatient status or conditional release to complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program intended to reduce the tendency toward violent and antisocial behavior if that class, program, or training is available and was developed or authorized by the court or local agencies in cooperation with organizations serving the affected community. (b) In the case of any person who is committed to a state hospital or other treatment facility under the provisions of Section 1026 for any offense against the person or property of another individual, private institution, or public agency committed because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation, including, but not limited to, offenses defined in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate crime, and then is either placed on outpatient status or conditional release from the state hospital or other treatment facility, the court, absent compelling circumstances stated on the record, shall make an order protecting the victim, or known immediate family or domestic partner of the victim, from further acts of violence, threats, stalking, or harassment by the defendant, including any stay-away conditions as the court deems appropriate, and shall make obedience of that order a condition of the defendant’s outpatient status or conditional release. (c) It is the intent of the Legislature to encourage state agencies and treatment facilities to establish education and training programs to prevent violations of civil rights and hate crimes. (Added by Stats. 2004, Ch. 809, Sec. 1. Effective January 1, 2005.)
  177. 422.87.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2.5. Law Enforcement Agency Policies [422.87- 422.87.] ( Chapter 2.5 added by Stats. 2018, Ch. 26, Sec. 3. )

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    State and local law enforcement agencies must adopt a hate crimes policy by July 1, 2024, and officers must follow it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 2.5. Law Enforcement Agency Policies [422.87- 422.87.] ( Chapter 2.5 added by Stats. 2018, Ch. 26, Sec. 3. ) ## 422.87. (a) Each state and local law enforcement agency shall, by July 1, 2024, adopt a hate crimes policy that shall include, but not be limited to, all of the following: (1) The definitions in Sections 422.55 and 422.56. (2) The content of the model policy framework that the Commission on Peace Officer Standards and Training developed pursuant to Section 13519.6, and any content that the commission may revise or add in the future, including any policy, definitions, response and reporting responsibilities, training resources, the supplemental hate crime report, and planning and prevention methods. (3) (A) Information regarding bias motivation. (B) For the purposes of this paragraph, “bias motivation” is a preexisting negative attitude toward actual or perceived characteristics referenced in Section 422.55. Depending on the circumstances of each case, bias motivation may include, but is not limited to, hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one’s “own kind,” or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including, but not limited to, disability or gender. (C) (i) In recognizing suspected disability-bias hate crimes, the policy shall instruct officers to consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as, but not limited to, dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore “deserving victims,” a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations. (ii) In recognizing suspected disability-bias hate crimes, the policy also shall instruct officers to consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in antidisability bias. This includes, but is not limited to, if a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons such as inebriated persons or persons with perceived disabilities different than those of the victim, those circumstances could be evidence that the perpetrator’s motivations included bias against persons with the perceived disability of the victim and that the crime must be reported as a suspected hate crime and not a mere crime of opportunity. (D) In recognizing suspected religion-bias hate crimes, the policy shall instruct officers to consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion. Examples of religions and such symbols and articles include, but are not limited to: (i) In Buddhism, statues of the Buddha. (ii) In Christianity, crosses. (iii) In Hinduism, forehead markings, known as bindis and tilaks, Aum/Om symbols, and images of deities known as murtis. (iv) In Islam, hijabs. (v) In Judaism, Stars of David, menorahs, and yarmulke. (vi) In Sikhism, turbans, head coverings, and unshorn hair, including beards. (4) Information regarding the general underreporting of hate crimes and the more extreme underreporting of antidisability and antigender hate crimes and a plan for the agency to remedy this underreporting. (5) A protocol for reporting suspected hate crimes to the Department of Justice pursuant to Section 13023. (6) A checklist of first responder responsibilities, including, but not limited to, being sensitive to effects of the crime on the victim, determining whether any additional resources are needed on the scene to assist the victim or whether to refer the victim to appropriate community and legal services, and giving the victims and any interested persons the agency’s hate crimes brochure, as required by Section 422.92. (7) A specific procedure for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed. (8) The title or titles of the officer or officers responsible for ensuring that the department has a hate crime brochure as required by Section 422.92 and ensuring that all officers are trained to distribute the brochure to all suspected hate crime victims and all other interested persons. (9) A requirement that all officers be familiar with the policy and carry out the policy at all times unless directed by the chief, sheriff, director, or other chief executive of the law enforcement agency or other command-level officer to whom the chief executive officer formally delegates this responsibility. (10) A schedule of the hate crime training required by Section 13519.6 and any other hate crime or related training the agency may conduct. (b) A law enforcement agency that updates an existing hate crimes policy or adopts a new hate crimes policy may include any of the provisions of a model hate crime policy and other relevant documents developed by the International Association of Chiefs of Police that are relevant to California and consistent with this chapter. (Amended by Stats. 2023, Ch. 524, Sec. 1. (AB 449) Effective January 1, 2024.)
  178. 422.88.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. )

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    A court handling a criminal case tied to a hate crime or alleged hate crime must take reasonably necessary steps, including restraining orders, to protect the alleged victim or someone at risk of being a victim.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. ) ## 422.88. (a) The court in which a criminal proceeding stemming from a hate crime or alleged hate crime is filed shall take all actions reasonably required, including granting restraining orders, to safeguard the health, safety, or privacy of the alleged victim, or of a person who is a victim of, or at risk of becoming a victim of, a hate crime. (b) Restraining orders issued pursuant to subdivision (a) may include provisions prohibiting or restricting the photographing of a person who is a victim of, or at risk of becoming a victim of, a hate crime when reasonably required to safeguard the health, safety, or privacy of that person. (Added by Stats. 2004, Ch. 700, Sec. 15. Effective January 1, 2005.)
  179. 422.89.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. )

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    The Legislature states its intent to encourage counties, cities, law enforcement agencies, and school districts to establish education and training programs that prevent civil rights violations and hate crimes and assist victims.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. ) ## 422.89. It is the intent of the Legislature to encourage counties, cities, law enforcement agencies, and school districts to establish education and training programs to prevent violations of civil rights and hate crimes and to assist victims. (Added by Stats. 2004, Ch. 700, Sec. 16. Effective January 1, 2005.)
  180. 422.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. )

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    All state and local agencies must use the Section 422.55(a) definition of “hate crime,” unless another explicit state or federal law requires otherwise.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. ) ## 422.9. All state and local agencies shall use the definition of “hate crime” set forth in subdivision (a) of Section 422.55 exclusively, except as other explicit provisions of state or federal law may require otherwise. (Repealed and added by Stats. 2004, Ch. 700, Sec. 18. Effective January 1, 2005.)
  181. 422.91.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. )

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    The Department of Corrections and the California Youth Authority must cooperate with law enforcement and anti-hate groups, and try to keep inmates safe from pressure to join gangs or hate groups, subject to available funding.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. ) ## 422.91. The Department of Corrections and the California Youth Authority, subject to available funding, shall do each of the following: (a) Cooperate fully and participate actively with federal, state, and local law enforcement agencies and community hate crime prevention and response networks and other anti-hate groups concerning hate crimes and gangs. (b) Strive to provide inmates with safe environments in which they are not pressured to join gangs or hate groups and do not feel a need to join them in self-defense. (Added by Stats. 2004, Ch. 700, Sec. 19. Effective January 1, 2005.)
  182. 422.92.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. )

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    State and local law enforcement agencies must make hate-crime brochures available, and the Civil Rights Department must supply and update brochures to local law enforcement on request.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. ) ## 422.92. (a) Every state and local law enforcement agency in this state shall make available a brochure on hate crimes to victims of these crimes and the public. (b) The Civil Rights Department shall provide existing brochures, making revisions as needed, to local law enforcement agencies upon request for reproduction and distribution to victims of hate crimes and other interested parties. In carrying out these responsibilities, the department shall consult the Civil Rights Council, the Department of Justice, and the California Victim Compensation Board. (Amended by Stats. 2022, Ch. 48, Sec. 71. (SB 189) Effective June 30, 2022.)
  183. 422.93.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. )

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    A peace officer may not detain, report, or turn over certain hate-crime victims or witnesses to federal immigration authorities when they are not charged with or convicted of a state crime.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. ) ## 422.93. (a) It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system. (b) Whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities. (Added by Stats. 2004, Ch. 700, Sec. 20. Effective January 1, 2005.)
  184. 422.94.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. )

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    This section creates a hate-crime vertical prosecution grant program and assigns the Department of Justice several administration and reporting duties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.6. CIVIL RIGHTS [422.55 - 422.94] ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) ## CHAPTER 3. General Provisions [422.88 - 422.94] ( Chapter 3 added by Stats. 2004, Ch. 700, Sec. 15. ) ## 422.94. (a) The Hate Crime Vertical Prosecution Pilot Grant Program (HCVP) is hereby created to be administered by the Department of Justice. (b) Beginning January 1, 2023, and subject to an appropriation of funds by the Legislature, the department shall award grants to prosecutorial agencies for the purpose of creating, supporting, or expanding vertical prosecution units for the prosecution of hate crimes. These units shall be primarily focused on better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases. (c) One-time HCVP grants shall be made on a competitive basis to selected applicants in a manner and in an amount determined by the department. (d) The department shall do all of the following to administer the grant program: (1) Specify the form of the application and information required to be submitted by each applicant. (2) Specify the criteria the department shall consider in selecting grant awardees. (3) Select the number of awards to be granted. (e) The department may use no more than 5 percent of the funds appropriated for HCVP for the costs of administering the program. Grant awardees shall not use grant funds to supplant existing spending for vertical prosecutions of hate crimes. (f) By no later than July 1, 2028, each grant recipient shall prepare and submit a report to the department, in a form prescribed by the department, that includes any relevant data requested by the department. (g) By no later than January 1, 2029, the department shall prepare and submit a report to the Legislature in compliance with Section 9795 of the Government Code summarizing the data provided by grant recipients and analyzing the effectiveness of vertical prosecution programs in better serving hate crime victims and achieving just, equitable, and appropriate resolutions to hate crime cases, and making policy recommendations to the Legislature. (h) The department shall make evaluations of the grant program available to the public. (i) As used in this section, the following terms have the following meanings: (1) “Prosecutorial agency” means a district attorney, city attorney, or other governmental entity responsible for the prosecution of crimes within a local jurisdiction. (2) “Vertical prosecution” refers to having the same individual prosecutor assigned to a case from the initial criminal investigation through the sentencing of the offender. (j) This section shall remain in effect only until July 1, 2029, and as of that date is repealed. (Added by Stats. 2022, Ch. 853, Sec. 1. (AB 557) Effective January 1, 2023. Repealed as of July 1, 2029, by its own provisions.)
  185. 4220.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Payments under Section 4219 must be made by warrants drawn on the proper fund and payable to the named Joint County Road Camp District.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4220. All payments provided for in Section 4219 shall be made by warrants drawn on the proper fund in favor of “Joint County Road Camp District No. ________” (inserting the number assigned by the Secretary of State), and shall become a portion of the revolving fund provided for in this article. (Added by Stats. 1953, Ch. 69.)
  186. 4221.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    If the revolving fund has more than $20,000 left after all district bills are paid, or more than a smaller amount set by the board as a sufficient working fund, the board must apportion the surplus back to the counties in the district.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4221. Whenever the revolving fund provided for in this article after payment of all bills due against a district exceeds twenty thousand dollars ($20,000) or exceeds such lesser sum as the board of directors shall determine to be a sufficient working fund for the purposes of this article, the board shall apportion such surplus to be repaid to the counties forming the district, in the same proportion in which they are required to contribute to the revolving fund in the first instance, the payments to go into the county general funds of such counties. (Added by Stats. 1953, Ch. 69.)
  187. 4222.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    The board of directors may make camp rules and may set prisoner-labor compensation, but it cannot exceed $0.75 per day per prisoner.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4222. The board of directors may make such rules as it deems proper for the government of camps and the conduct of prisoners therein and may fix a reasonable compensation, not to exceed seventy-five cents ($0.75) per day, for each prisoner performing labor in a camp. (Added by Stats. 1953, Ch. 69.)
  188. 4223.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    Prisoners must be charged for labor tools and appliances, return them on release or discharge, and get full credit for items returned.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4223. Each prisoner shall be charged with the cost of all tools and appliances for the performance of labor which are furnished to him, and upon his release or discharge from a camp, he shall deliver to the superintendent thereof all tools and appliances for which he is charged and shall thereupon be entitled to full credit for the cost of the tools and appliances so returned. The cost of any appliances and tools not returned as provided in this section shall be deducted from the compensation due the prisoner. (Added by Stats. 1953, Ch. 69.)
  189. 4224.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    A prisoner may keep earnings until sentence completion, release, or discharge; then the money must be paid to the prisoner. If the prisoner has dependents, compensation must be paid to them monthly as it is earned.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4224. All sums earned by any prisoner may be retained until he has completed his sentence, or until he is released or discharged, and shall thereupon be paid to him. If any prisoner has dependents, his compensation shall be paid to such dependents monthly as earned. (Added by Stats. 1953, Ch. 69.)
  190. 4225.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    A county board of supervisors may establish and maintain a county road camp, and provide its board of directors, if the county is not in a joint county road camp district and has at least 150,000 residents.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4225. The board of supervisors of any county not included within any joint county road camp district, and having a population of 150,000 or more persons, may establish and maintain a county road camp as provided in this article, and may provide a board of directors thereof, by passing the resolution and receiving the certificate of organization provided for in this article. (Added by Stats. 1953, Ch. 69.)
  191. 4226.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    County boards of supervisors covered by Section 4225 must nominate three of their members to serve as district directors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4226. The board of supervisors of any county covered by Section 4225 shall nominate three of its members to serve as directors of the district formed thereunder, and such directors shall have and exercise all the powers and perform all the duties granted to and imposed by this article upon boards of directors of joint county road camp districts, and such county shall constitute, and be recognized and dealt with in all respects as a joint county road camp district within the meaning of this article. (Added by Stats. 1953, Ch. 69.)
  192. 4227.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. )

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    A joint county road camp district may be dissolved only through the procedure in this section.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2. County Industrial Farms and Road Camps [4100 - 4305] ( Chapter 2 added by Stats. 1953, Ch. 69. ) ## ARTICLE 2. Joint County Road Camp Act [4200 - 4227] ( Article 2 added by Stats. 1953, Ch. 69. ) ## 4227. A joint county road camp district formed under this article may be dissolved in the following manner: 1. The board or boards of supervisors of a county or counties containing more than fifty percent (50%) of the population of the entire district shall by a unanimous vote adopt a resolution stating that the existence of a county road camp is no longer desirable for the public welfare and announcing the intention to withdraw therefrom and to dissolve said district. 2. The resolution or resolutions so adopted shall be communicated to the clerks of the boards of supervisors of all the counties comprising the district and also to the Secretary of State. 3. If it appears that the resolution was unanimously adopted by the board or boards of supervisors in the counties desiring to withdraw, and that such county or counties contain more than fifty percent (50%) of the entire population in the district, the Secretary of State shall thereupon certify to the clerks of the boards of supervisors of the counties composing the district that the district is dissolved. 4. Thereupon the board of directors of the district shall within 90 days: (a) Abolish the road camp or camps; (b) Return all prisoners therein to their respective county jails; (c) Dispose of all equipment belonging to said camp or camps and the district; (d) Render an accounting to the clerks of the boards of supervisors of the counties composing such district of all sums of money received and paid out since their last previous accounting, including the balance of revolving fund on hand at said last previous accounting; (e) Apportion and repay to said counties all sums of money then remaining in their hands, and they shall thereupon be relieved of further responsibility in said matter. (Added by Stats. 1953, Ch. 69.)
  193. 423.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. )

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    This title is named the California Freedom of Access to Clinic and Church Entrances Act, also called the California FACE Act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. ) ## 423. This title shall be known and may be cited as the California Freedom of Access to Clinic and Church Entrances Act, or the California FACE Act. (Added by Stats. 2001, Ch. 899, Sec. 2. Effective January 1, 2002.)
  194. 423.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. )

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    This section defines terms used in the title about access to clinic and church entrances.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. ) ## 423.1. The following definitions apply for the purposes of this title: (a) “Crime of violence” means an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another. (b) “Interfere with” means to restrict a person’s freedom of movement. (c) “Intimidate” means to place a person in reasonable apprehension of bodily harm to themselves or to another. (d) “Nonviolent” means conduct that would not constitute a crime of violence. (e) “Physical obstruction” means rendering ingress to or egress from a reproductive health services facility or to or from a place of religious worship impassable to another person, or rendering passage to or from a reproductive health services facility or a place of religious worship unreasonably difficult or hazardous to another person. (f) “Reproductive health services” means reproductive health services provided in a hospital, clinic, physician’s office, or other facility and includes medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy. (g) “Reproductive health services patient, provider, or assistant” means a person or entity, including, but not limited to, employees, staff, volunteers, and third-party vendors, that is or was involved in obtaining, seeking to obtain, providing, seeking to provide, or assisting or seeking to assist another person, at that other person’s request, to obtain or provide services in a reproductive health services facility, or a person or entity that is or was involved in owning or operating or seeking to own or operate, a reproductive health services facility. (h) “Reproductive health services facility” includes a hospital, clinic, physician’s office, or other facility that provides or seeks to provide reproductive health services and includes the building or structure in which the facility is located. (Amended by Stats. 2021, Ch. 191, Sec. 5. (AB 1356) Effective January 1, 2022.)
  195. 423.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. )

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    This section makes it punishable for a person, other than a parent or guardian acting toward a minor child or ward, to commit specified acts such as violent obstruction, property damage, unauthorized recording near a reproductive health services facility, or distributing such recordings. It also covers similar conduct at places of religious worship.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. ) ## 423.2. Every person who, except a parent or guardian acting towards their minor child or ward, commits any of the following acts shall be subject to the punishment specified in Section 423.3. (a) By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with, any person or entity because that person or entity is a reproductive health services patient, provider, or assistant, or in order to intimidate a person or entity, or a class of persons or entities, or from becoming or remaining a reproductive health services patient, provider, or assistant. (b) By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. (c) By nonviolent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, any person or entity because that person or entity is a reproductive health services patient, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services patient, provider, or assistant. (d) By nonviolent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. (e) Intentionally damages or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive health services patient, provider, assistant, or facility. (f) Intentionally damages or destroys the property of a place of religious worship. (g) Within 100 feet of the entrance to, or within, a reproductive health services facility, intentionally videotapes, films, photographs, or records by electronic means, a reproductive health services patient, provider, or assistant without that person’s consent with specific intent to intimidate the person from becoming or remaining a reproductive health services patient, provider, or assistant, and thereby causes the person to be intimidated. (h) In any manner or forum, including, but not limited to, internet websites and social media, intentionally discloses or distributes a videotape, film, photograph, or recording knowing it was obtained in violation of subdivision (g) with the specific intent to intimidate the person from becoming or remaining a reproductive health services patient, provider, or assistant, and thereby causes the person to be intimidated. For purposes of this subdivision, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations. (i) Subdivisions (g) and (h) do not apply to a person described in subdivision (b) of Section 2 of Article I of the California Constitution. (Amended by Stats. 2021, Ch. 191, Sec. 6. (AB 1356) Effective January 1, 2022.)
  196. 423.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. )

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    This section sets penalties for certain violations of Section 423.2, including misdemeanor or felony classifications, jail terms, and fines, and limits conviction where the same conduct already produced a federal conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. ) ## 423.3. (a) A first violation of subdivision (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. (b) A second or subsequent violation of subdivision (c), (d), (g), or (h) of Section 423.2 is punishable by imprisonment in a county jail for a period of not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment. (c) A first violation of subdivision (e) or (f) of Section 423.2 is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment. (d) A first violation of subdivision (a) or (b) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment. (e) A second or subsequent violation of subdivision (a), (b), (e), or (f) of Section 423.2 is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170, or a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. (f) In imposing fines pursuant to this section, the court shall consider applicable factors in aggravation and mitigation set out in Rules 4.421 and 4.423 of the California Rules of Court, and shall consider a prior violation of the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute of another jurisdiction that would constitute a violation of Section 423.2 or of the federal Freedom of Access to Clinic Entrances Act of 1994, to be a prior violation of Section 423.2. (g) This title establishes concurrent state jurisdiction over conduct that is also prohibited by the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for misdemeanor penalties for first violations and felony-misdemeanor penalties for second and subsequent violations. State law enforcement agencies and prosecutors shall cooperate with federal authorities in the prevention, apprehension, and prosecution of these crimes, and shall seek federal prosecutions when appropriate. (h) No person shall be convicted under this article for conduct in violation of Section 423.2 that was done on a particular occasion where the identical conduct on that occasion was the basis for a conviction of that person under the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248). (Amended by Stats. 2024, Ch. 821, Sec. 3. (AB 2099) Effective January 1, 2025.)
  197. 423.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. )

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    People harmed by a violation of Section 423.2 may sue for injunctions and damages, and public prosecutors may also sue for injunctions, damages, and civil penalties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. ) ## 423.4. (a) A person aggrieved by a violation of Section 423.2 may bring a civil action to enjoin the violation, for compensatory and punitive damages, and for the costs of suit and reasonable fees for attorneys and expert witnesses, except that only a reproductive health services client, provider, or assistant may bring an action under subdivision (a), (c), or (e) of Section 423.2, and only a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom in a place of religious worship, or the entity that owns or operates a place of religious worship, may bring an action under subdivision (b), (d), or (f) of Section 423.2. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of a final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of one thousand dollars ($1,000) per exclusively nonviolent violation, and five thousand dollars ($5,000) per any other violation, for each violation committed. (b) The Attorney General, a district attorney, or a city attorney may bring a civil action to enjoin a violation of Section 423.2, for compensatory damages to persons aggrieved as described in subdivision (a) and for the assessment of a civil penalty against each respondent. The civil penalty shall not exceed two thousand dollars ($2,000) for an exclusively nonviolent first violation, and fifteen thousand dollars ($15,000) for any other first violation, and shall not exceed five thousand dollars ($5,000) for an exclusively nonviolent subsequent violation, and twenty-five thousand dollars ($25,000) for any other subsequent violation. In imposing civil penalties pursuant to this subdivision, the court shall consider a prior violation of the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute of another jurisdiction that would constitute a violation of Section 423.2 or the federal Freedom of Access to Clinic Entrances Act of 1994, to be a prior violation of Section 423.2. (c) No person shall be found liable under this section for conduct in violation of Section 423.2 done on a particular occasion where the identical conduct on that occasion was the basis for a finding of liability by that person under the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248). (Added by Stats. 2001, Ch. 899, Sec. 2. Effective January 1, 2002.)
  198. 423.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. )

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    Courts handling certain Section 423.2-related cases must take reasonable steps, including restraining orders, to protect health, safety, or privacy; they may also limit photography and allow pseudonyms.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. ) ## 423.5. (a) (1) The court in which a criminal or civil proceeding is filed for a violation of subdivision (a), (c), or (e) of Section 423.2 shall take all action reasonably required, including granting restraining orders, to safeguard the health, safety, or privacy of either of the following: (A) A reproductive health services client, provider, or assistant who is a party or witness in the proceeding. (B) A person who is a victim of, or at risk of becoming a victim of, conduct prohibited by subdivision (a), (c), or (e) of Section 423.2. (2) The court in which a criminal or civil proceeding is filed for a violation of subdivision (b), (d), or (f) of Section 423.2 shall take all action reasonably required, including granting restraining orders, to safeguard the health, safety, or privacy of either of the following: (A) A person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship. (B) An entity that owns or operates a place of religious worship. (b) Restraining orders issued pursuant to paragraph (1) of subdivision (a) may include provisions prohibiting or restricting the photographing of persons described in subparagraphs (A) and (B) of paragraph (1) of subdivision (a) when reasonably required to safeguard the health, safety, or privacy of those persons. Restraining orders issued pursuant to paragraph (2) of subdivision (a) may include provisions prohibiting or restricting the photographing of persons described in subparagraphs (A) and (B) of paragraph (2) of subdivision (a) when reasonably required to safeguard the health, safety, or privacy of those persons. (c) A court may, in its discretion, permit an individual described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to use a pseudonym in a civil proceeding described in paragraph (1) of subdivision (a) when reasonably required to safeguard the health, safety, or privacy of those persons. A court may, in its discretion, permit an individual described in subparagraph (A) or (B) of paragraph (2) of subdivision (a) to use a pseudonym in a civil proceeding described in paragraph (2) of subdivision (a) when reasonably required to safeguard the health, safety, or privacy of those persons. (Added by Stats. 2001, Ch. 899, Sec. 2. Effective January 1, 2002.)
  199. 423.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. )

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    This title must not be read to impair protected activities, block local remedies, interfere with abortion or reproductive-health laws, override certain Labor Code provisions, limit other remedies for First Amendment-related conduct, or prevent prosecution under other laws except as noted.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 11.7. CALIFORNIA FREEDOM OF ACCESS TO CLINIC AND CHURCH ENTRANCES ACT [423 - 423.6] ( Title 11.7 added by Stats. 2001, Ch. 899, Sec. 2. ) ## 423.6. This title shall not be construed for any of the following purposes: (a) To impair any constitutionally protected activity, or any activity protected by the laws of California or of the United States of America. (b) To provide exclusive civil or criminal remedies or to preempt or to preclude any county, city, or city and county from passing any law to provide a remedy for the commission of any of the acts prohibited by this title or to make any of those acts a crime. (c) To interfere with the enforcement of any federal, state, or local laws regulating the performance of abortions or the provision of other reproductive health services. (d) To negate, supercede, or otherwise interfere with the operation of any provision of Chapter 10 (commencing with Section 1138) of Part 3 of Division 2 of the Labor Code. (e) To create additional civil or criminal remedies or to limit any existing civil or criminal remedies to redress an activity that interferes with the exercise of any other rights protected by the First Amendment to the United States Constitution or of Article I of the California Constitution. (f) To preclude prosecution under both this title and any other provision of law, except as provided in subdivision (g) of Section 423.3. (Added by Stats. 2001, Ch. 899, Sec. 2. Effective January 1, 2002.)
  200. 424.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 12. OF CRIMES AGAINST THE REVENUE AND PROPERTY OF THIS STATE [424 - 440] ( Title 12 enacted 1872. )

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    Certain public officers and others handling public money must not misuse it, keep false records, refuse required payments or transfers, or fail to pay it over when lawfully required.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 12. OF CRIMES AGAINST THE REVENUE AND PROPERTY OF THIS STATE [424 - 440] ( Title 12 enacted 1872. ) ## 424. (a) Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disbursement of public moneys, who either: 1. Without authority of law, appropriates the same, or any portion thereof, to his or her own use, or to the use of another; or, 2. Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or, 3. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or, 4. Fraudulently alters, falsifies, conceals, destroys, or obliterates any account; or, 5. Willfully refuses or omits to pay over, on demand, any public moneys in his or her hands, upon the presentation of a draft, order, or warrant drawn upon these moneys by competent authority; or, 6. Willfully omits to transfer the same, when transfer is required by law; or, 7. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same, any money received by him or her under any duty imposed by law so to pay over the same;— Is punishable by imprisonment in the state prison for two, three, or four years, and is disqualified from holding any office in this state. (b) As used in this section, “public moneys” includes the proceeds derived from the sale of bonds or other evidence or indebtedness authorized by the legislative body of any city, county, district, or public agency. (c) This section does not apply to the incidental and minimal use of public resources authorized by Section 8314 of the Government Code. (Amended by Stats. 2003, Ch. 62, Sec. 227. Effective January 1, 2004.)

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