Penal Code — Part 21 | PEN — United States — California law | Esheria

Penal Code

Part 21 of 29 · provisions 4,001–4,200

If the Superintendent of State Printing corruptly colludes to defraud the state, the officer forfeits the office and may be imprisoned and fined.

Jurisdiction
United States — California
Instrument
Code
Citation
PEN
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
.50 BMG rifles 3D printing ADR process AI reporting API access BB devices CEQA applicability CLETS CLETS access CNC milling machines DNA collection DNA data DNA database administration DNA database processing DNA databases DNA identification DNA index upload DNA profiling DNA records DNA sample compliance DNA testing DNA testing timelines Firearms sales GPS monitoring +4,767 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Penal Code

Showing 200 of 5,647

  1. 425.

    ## 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. )

    Verify source ↗

    Officers who handle public money must keep and pay it over as required by law, or they commit a felony.

    ## 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. ) ## 425. Every officer charged with the receipt, safe keeping, or disbursement of public moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of felony. (Enacted 1872.)
  2. 426.

    ## 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. )

    Verify source ↗

    This section defines “public moneys” for sections 424 and 425 to include specified bonds, debts, and money held or received in an official capacity by public officers.

    ## 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. ) ## 426. The phrase “public moneys,” as used in Sections 424 and 425, includes all bonds and evidence of indebtedness, and all moneys belonging to the state, or any city, county, town, district, or public agency therein, and all moneys, bonds, and evidences of indebtedness received or held by state, county, district, city, town, or public agency officers in their official capacity. (Amended by Stats. 1987, Ch. 828, Sec. 29.)
  3. 428.

    ## 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. )

    Verify source ↗

    A person who willfully obstructs or hinders a public officer from collecting revenue, taxes, or other money the officer is legally empowered to collect commits a misdemeanor.

    ## 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. ) ## 428. Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of this State are interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor. (Enacted 1872.)
  4. 429.

    ## 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. )

    Verify source ↗

    Telecommunications providers in this state must not intentionally fail to collect or remit certain specified fees and surcharges when required to do so.

    ## 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. ) ## 429. Any provider of telecommunications services in this state that intentionally fails to collect or remit, as may be required, the annual fee imposed pursuant to Section 431 of the Public Utilities Code, the universal telephone service surcharge imposed pursuant to Section 879 or 879.5 of the Public Utilities Code, the fee for filing an application for a certificate of public convenience and necessity as provided in Section 1904 of the Public Utilities Code, or the surcharge imposed pursuant to subdivision (g) of Section 2881 of the Public Utilities Code, whether imposed on the provider or measured by the provider’s service charges, is guilty of a misdemeanor. (Amended by Stats. 2012, Ch. 162, Sec. 124. (SB 1171) Effective January 1, 2013.)
  5. 4300.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. )

    Verify source ↗

    The board of supervisors may establish a county advisory committee on adult detention in each 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. ) ## 4300. The board of supervisors may establish in each county a county advisory committee on adult detention. (Added by Stats. 1957, Ch. 349.)
  6. 4301.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. )

    Verify source ↗

    The committee must have 6, 9, or 12 members, with one-third appointed by the board of supervisors, one-third by the sheriff, and one-third by the presiding judge of the superior court; one of the judge’s appointees must be a State Bar member.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. ) ## 4301. There shall be 6, 9, or 12 members of the committee. One-third shall be appointed by the board of supervisors, one-third by the sheriff, and one-third by the presiding judge of the superior court. Of the members appointed by the presiding judge, one shall be a member of the State Bar. (Amended by Stats. 2002, Ch. 784, Sec. 569. Effective January 1, 2003.)
  7. 4302.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. )

    Verify source ↗

    Committee members serve four-year terms, with staggered terms for the first appointees and replacement appointments tied to vacancies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. ) ## 4302. The members of the committee shall hold office for four years, and until their successors are appointed and qualify. Of those first appointed by the sheriff, superior court judge, and the board of supervisors, one shall hold office for two years, and one for four years; and the respective terms of the members first appointed shall be determined by lot as soon as possible after their appointment. When a vacancy occurs in the committee by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for a term of four years. When a vacancy occurs for any other reason, the appointee shall hold office for the unexpired term of his predecessor. (Added by Stats. 1957, Ch. 349.)
  8. 4303.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. )

    Verify source ↗

    Committee members serve without compensation, but their reasonable expenses may be approved and paid by the county under a written order from the presiding judge.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. ) ## 4303. Members of the committee shall serve without compensation, but shall be allowed their reasonable expenses as approved by the presiding judge of the superior court. The expenses shall be a charge upon the county in which the court has jurisdiction, and shall be paid out of the county treasury upon a written order of the presiding judge of the superior court directing the county auditor to draw a warrant upon the county treasurer for the specified amount of such expenses. All orders by the presiding judge upon the county treasurer shall be filed in duplicate with the county board of supervisors and sheriff. (Amended by Stats. 2002, Ch. 784, Sec. 570. Effective January 1, 2003.)
  9. 4304.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. )

    Verify source ↗

    The committee must file a report within 90 days after December 31 of the reporting year and file copies with specified officials.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. ) ## 4304. The committee shall file a report within 90 days after the thirty-first day of December of the calendar year for which such report is made, copies of which shall be filed with the county board of supervisors, the presiding judge, the sheriff, the Board of Corrections, and the Attorney General. (Amended by Stats. 2002, Ch. 784, Sec. 571. Effective January 1, 2003.)
  10. 4305.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. )

    Verify source ↗

    The committee must inspect city and county adult detention facilities every year and file a report with recommendations.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by 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 3. Advisory Committees for Adult Detention Facilities [4300 - 4305] ( Article 3 added by Stats. 1957, Ch. 349. ) ## 4305. The committee shall annually inspect the city and county adult detention facilities. Such inspection shall be concerned with the conditions of inmate employment, detention, care, custody, training, and treatment on the basis of, but not limited to, the minimum standards established by the Board of Corrections. A report of such visitations together with pertinent recommendations shall be annually filed in accordance with the provisions of Section 4304 of this code. (Added by Stats. 1957, Ch. 349.)
  11. 431.

    ## 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. )

    Verify source ↗

    Every person must not use, give, or alter certain tax or license receipts in the ways described here; doing so is a misdemeanor.

    ## 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. ) ## 431. Every person who uses or gives any receipt, except that prescribed by law, as evidence of the payment of any poll tax, road tax, or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, or who inserts the name of more than one person therein, is guilty of a misdemeanor. (Enacted 1872.)
  12. 432.

    ## 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. )

    Verify source ↗

    A person who possesses blank licenses or poll tax receipts, intending to circulate or sell them, when they were not furnished by the Controller of State or County Auditor, commits a felony.

    ## 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. ) ## 432. Every person who has in his possession, with intent to circulate or sell, any blank licenses or poll tax receipts other than those furnished by the Controller of State or County Auditor, is guilty of felony. (Enacted 1872.)
  13. 4325.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2.5. Jail Industry Authority [4325 - 4328] ( Heading of Chapter 2.5 amended by Stats. 2016, Ch. 452, Sec. 2. )

    Verify source ↗

    Certain county boards of supervisors may authorize the sheriff or county director of corrections to create a Jail Industry Authority.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2.5. Jail Industry Authority [4325 - 4328] ( Heading of Chapter 2.5 amended by Stats. 2016, Ch. 452, Sec. 2. ) ## 4325. (a) The board of supervisors of the Counties of Lake, Los Angeles, Madera, Sacramento, San Diego, San Joaquin, San Luis Obispo, Sonoma, Stanislaus, Tulare, Tuolumne, and Ventura may authorize, by ordinance or resolution, the sheriff or county director of corrections to create a Jail Industry Authority within the county jail system. (b) The purpose of the Jail Industry Authority includes all of the following: (1) To develop and operate industrial, agricultural, or service enterprises or programs employing prisoners in county correctional facilities under the jurisdiction of the sheriff or county director of corrections. (2) To create and maintain working conditions within the enterprises or programs as similar as possible to those that prevail in private industry. (3) To ensure prisoners have the opportunity to work productively and earn funds, if approved by the board of supervisors pursuant to Section 4019.3, and to acquire or improve effective work habits and occupational skills. (4) To allow inmates who participate in the enterprise or program the opportunity to earn additional time credits allowed under Section 4019.1 or 4019.4, if authorized by the sheriff or county director of corrections. (5) To operate a work program for inmates in county correctional facilities that will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program and that will provide goods and services that are or will be used by the county correctional facilities, thereby reducing the cost of its operation. (Repealed and added by Stats. 2016, Ch. 452, Sec. 4. (AB 2012) Effective January 1, 2017.)
  14. 4327.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2.5. Jail Industry Authority [4325 - 4328] ( Heading of Chapter 2.5 amended by Stats. 2016, Ch. 452, Sec. 2. )

    Verify source ↗

    When the Jail Industry Program or Jail Industry Authority is established, the board of supervisors must establish a Jail Industries 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 2.5. Jail Industry Authority [4325 - 4328] ( Heading of Chapter 2.5 amended by Stats. 2016, Ch. 452, Sec. 2. ) ## 4327. Upon the establishment of the Jail Industry Program or Jail Industry Authority, the board of supervisors shall establish a Jail Industries Fund, which may be a revolving fund, for funding the operations of the program. All jail industry income shall be deposited in, and any prisoner compensation shall be paid to the account of the prisoner from, the Jail Industries Fund. (Amended by Stats. 2016, Ch. 452, Sec. 6. (AB 2012) Effective January 1, 2017.)
  15. 4328.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 2.5. Jail Industry Authority [4325 - 4328] ( Heading of Chapter 2.5 amended by Stats. 2016, Ch. 452, Sec. 2. )

    Verify source ↗

    Money in a Jail Industries Fund may be used only for specified jail industry or detention facility purposes, and it cannot be moved to 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 2.5. Jail Industry Authority [4325 - 4328] ( Heading of Chapter 2.5 amended by Stats. 2016, Ch. 452, Sec. 2. ) ## 4328. Funds in a Jail Industries Fund may only be used for the operation or expansion of the jail industry program or to cover operating and construction costs of county detention facilities, and may not be transferred to the county general fund. (Added by Stats. 1987, Ch. 1303, Sec. 3. Effective September 28, 1987.)
  16. 4350.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 3. Blood Donations [4350 - 4351] ( Chapter 3 added by Stats. 1957, Ch. 1428. )

    Verify source ↗

    This chapter applies to prisoners in certain jails, farms, or camps if they are serving a sentence of 30 days or more.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 3. Blood Donations [4350 - 4351] ( Chapter 3 added by Stats. 1957, Ch. 1428. ) ## 4350. This chapter applies to prisoners confined in city, county, or city and county jails, or industrial farms or road camps established pursuant to this title, who are under a sentence of 30 days or more. (Added by renumbering Section 4250 by Stats. 1967, Ch. 138.)
  17. 4351.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 3. Blood Donations [4350 - 4351] ( Chapter 3 added by Stats. 1957, Ch. 1428. )

    Verify source ↗

    Prisoners covered by this chapter may voluntarily donate blood to a licensed blood bank, but only after a medical examination and only if the physician finds them suitable.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4. COUNTY JAILS, FARMS AND CAMPS [4000 - 4351] ( Heading of Title 4 amended by Stats. 1957, Ch. 50. ) ## CHAPTER 3. Blood Donations [4350 - 4351] ( Chapter 3 added by Stats. 1957, Ch. 1428. ) ## 4351. Any prisoner, to whom this chapter applies, may voluntarily donate blood to a blood bank duly licensed by the State Department of Public Health. Prior to blood donation the prisoner shall be given an examination with all clothes removed by a physician and surgeon of the blood bank to whom blood is to be donated, and donations shall be refused unless such physician shall find the prisoner to be a suitable person for blood donation. No more than one such donation shall be permitted during any 72-day period. (Added by renumbering Section 4251 by Stats. 1967, Ch. 138.)
  18. 436.

    ## 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. )

    Verify source ↗

    A person who acts as an auctioneer in violation of state auction laws commits a misdemeanor.

    ## 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. ) ## 436. Every person who acts as an auctioneer in violation of the laws of this State relating to auctions and auctioneers, is guilty of a misdemeanor. (Enacted 1872.)
  19. 439.

    ## 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. )

    Verify source ↗

    A person in this state may not procure or agree to procure insurance for a resident from an insurance company not incorporated under state law unless the company or its agent has filed the required bond; doing so is a misdemeanor.

    ## 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. ) ## 439. Every person who in this State procures, or agrees to procure, any insurance for a resident of this State, from any insurance company not incorporated under the laws of this State, unless such company or its agent has filed the bond required by the laws of this State relating to insurance, is guilty of a misdemeanor. (Enacted 1872.)
  20. 440.

    ## 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. )

    Verify source ↗

    Revenue officers must let the Controller or Attorney General inspect specified office records when demanded, or they commit a misdemeanor.

    ## 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. ) ## 440. Every officer charged with the collection, receipt, or disbursement of any portion of the revenue of this State, who, upon demand, fails or refuses to permit the Controller or Attorney General to inspect his books, papers, receipts, and records pertaining to his office, is guilty of a misdemeanor. (Enacted 1872.)
  21. 4480.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    The State General Obligation Bond Law applies to bonds issued under this title, but each series must mature within 20 years of its date.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4480. The State General Obligation Bond Law is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued pursuant to this title, and the provisions of that law are included in this title as though set out in full in this chapter except that, notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of the bonds shall not exceed 20 years from the date of each respective series. The maturity of each respective series shall be calculated from the date of these series. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  22. 4481.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the title.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4481. As used in this title, and for the purpose of this title, the following words shall have the following meanings: (a) “Committee” means the 1986 County Correctional Facility Capital Expenditure Finance Committee created by Section 4483. (b) “Fund” means the 1986 County Correctional Facility Expenditure Fund. (c) “County juvenile facilities” means county juvenile halls, juvenile homes, ranches, or camps, and other juvenile detention facilities. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  23. 4482.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    The State Treasury must have a fund called the 1986 County Correctional Facility Capital Expenditure Fund, and the fund is created here.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4482. There is in the State Treasury the 1986 County Correctional Facility Capital Expenditure Fund, which fund is hereby created. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  24. 4483.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    This section creates the 1986 County Correctional Facility Capital Expenditure Finance Committee for bond issuance and sale purposes, sets its members, makes the Treasurer its chair, and designates the Board of Corrections as “the board” for this title and the State General Obligation Bond 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 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4483. For the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this title, the 1986 County Correctional Facility Capital Expenditure Finance Committee is hereby created. The committee consists of the Governor or his or her designated representative, the Controller, the Treasurer, and the Director of Finance. The County Correctional Facility Capital Expenditure Committee shall be the “committee” as that term is used in the State General Obligation Bond Law, and the Treasurer shall serve as chairman of the Committee. The Board of Corrections is hereby designated as “the board” for purposes of this title and for the purposes of the State General Obligation Bond Law. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  25. 4484.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    The committee may create state debt or liabilities up to $495 million under the title’s 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 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4484. The committee is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount of four hundred ninety-five million dollars ($495,000,000), in the manner provided in this title. That debt or debts, liability or liabilities, shall be created for the purpose of providing the funds to be used for the object and work specified in Section 4485 and for administrative costs incurred in connection therewith. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  26. 4485.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Fund money may be used for county jail projects, with up to $20 million reserved for county juvenile facilities, and expenditures require 25% county matching funds unless the Legislature waives or modifies that requirement.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4485. Moneys in the fund may be available for the construction, reconstruction, remodeling, and replacement of county jail facilities, including, but not limited to, separate facilities for care of mentally ill inmates and persons arrested because of intoxication, and the performance of deferred maintenance on county jail facilities except that up to twenty million dollars ($20,000,000) of the money in the fund shall be available for the construction, reconstruction, remodeling, and replacement of county juvenile facilities, and the performance of deferred maintenance on county juvenile facilities. However, deferred maintenance for jails and juvenile facilities shall only include items with a useful life of at least 10 years. Expenditure shall be made only if county matching funds of 25 percent are provided as determined by the Legislature, except that this requirement may be modified or waived by the Legislature where it determines that it is necessary to facilitate the expeditious and equitable construction of state and local correctional facilities. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  27. 4485.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    During planning for certain county jail facilities funded by the bond fund, the design should allow safe accommodation of misdemeanor arrestees seeking bail without unclothed body searches.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4485.5. During the design and planning stage for county jail facilities whose construction, reconstruction, or remodeling is financed by the fund, consideration shall be given to proper design to allow for areas where persons arrested for misdemeanors who are attempting to obtain release on bail can be safely accommodated without the necessity of unclothed body searches. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  28. 4485.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    A county must take specific steps to qualify for General Obligation Bond funds under this title.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4485.6. In order to be eligible to receive funds derived from the issuance of General Obligation Bonds under this title, a county shall do all of the following: (a) Adopt a plan to prohibit the detention of all juveniles in county jails unless otherwise authorized by law. (b) Demonstrate that it has adequate facilities for mentally ill inmates or detainees and for those persons arrested because of inebriation, or demonstrate that it has a plan for the provision of services to these persons. (c) Demonstrate that it has utilized, to the greatest practicable extent, alternatives to jail incarceration such as sheriff’s work release under Section 4024. 2, own recognizance release, and weekend work programs. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  29. 4485.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Money in the fund may be used to construct joint-use correctional facilities that house county, state, federal, or mixed groups of prisoners, in proportion to the county’s benefit.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4485.7. Moneys in the fund may be available for construction of joint-use correctional facilities housing county and state or federal prisoners or any combination thereof in proportion to the county’s benefit. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  30. 4486.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Bond sale proceeds and related state revenues must be used to pay bond principal and interest, and revenue officers must take the steps needed to collect the extra amount required each year.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4486. (a) When sold, the bonds authorized by this title shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereon. (b) There shall be collected annually in the same manner and at the same time as other state revenue is collected such a sum, in addition to the ordinary revenues of the state, as shall be required to pay the interest and principal on the bonds maturing each year, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that additional sum. (c) All money deposited in the fund which has been derived from premium and accrued interest on bonds sold shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  31. 4487.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Money deposited in the fund from repayment provisions may be transferred to the General Fund and then used to reimburse the General Fund for bond principal and interest previously paid from 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 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4487. All money deposited in the fund pursuant to any provision of law requiring repayments to the state for assistance financed by the proceeds of the bonds authorized by this title shall be available for transfer to the General Fund. When transferred to the General Fund, this money shall be applied as a reimbursement to the General Fund on account of principal and interest on the bonds which have been paid from the General Fund. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  32. 4488.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Money is appropriated from the General Fund to pay bond principal and interest and to carry out Section 4489.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4488. There is hereby appropriated from the General Fund in the State Treasury for the purpose of this title such an amount as will equal the following: (a) That sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to the provisions of this title, as principal and interest become due and payable. (b) That sum as is necessary to carry out the provisions of Section 4489, which sum is appropriated without regard to fiscal years. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  33. 4489.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund for this title, up to the amount of unsold bonds approved for sale, and the board must deposit, disburse, and repay the money with interest.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4489. For the purpose of carrying out the provisions of this title, the Director of Finance may by executive order authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this title. Any amounts withdrawn shall be deposited in the fund and shall be disbursed by the board in accordance with this title. Any money made available under this section to the board shall be returned by the board to the General Fund from moneys received from the sale of bonds sold for the purpose of carrying out this title. These withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would have otherwise been earned by these sums in the Pooled Money Investment Fund. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  34. 4489.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    If certain bond tax conditions are met, the Treasurer may keep separate accounts for bond proceeds and earnings, and may use those funds for federal rebate, penalty, or other required payments or similar actions to preserve tax-exempt status.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4489.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 17.)
  35. 4490.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    The committee may authorize the Treasurer to sell all or part of the authorized bonds, and the Treasurer fixes the timing of the sale.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4490. The committee may authorize the Treasurer to sell all or any part of the bonds herein authorized at such time or times as may be fixed by the Treasurer. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  36. 4491.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Bond sale proceeds must be used for the Section 4485 purpose and cannot be transferred to the General Fund to pay bond principal and interest.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4491. All proceeds from the sale of bonds, except those derived from premiums and accrued interest, shall be available for the purpose provided in Section 4485 but shall not be available for transfer to the General Fund to pay principal and interest on bonds. The money in the fund may be expended only as herein provided. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  37. 4492.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Interest or other investment earnings from money deposited in the fund must be credited back to the 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 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4492. Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment of moneys deposited in the fund shall be credited to the fund. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  38. 4493.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    Money in the fund may be spent only for projects listed in this title and only as appropriated by the Legislature.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4493. Money in the fund may only be expended for projects specified in this title as allocated in appropriations made by the Legislature. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  39. 4494.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    The section says jail construction under this bond act should move quickly, board decisions on those projects are final, and courts generally may not intervene except in a narrow gross-abuse-of-discretion situation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4494. (a) It is the intent of the people in enacting this bond act that jail authorization and construction proceed as quickly as possible. Due to the severe shortage of jail facilities and the need to begin construction of jail facilities as soon as possible, all decisions of the board regarding construction, reconstruction, remodeling, or replacement of jail facilities financed by this title shall be final. (b) No court shall have jurisdiction over these decisions of the board absent a showing, beyond a reasonable doubt, of a gross abuse of discretion by the board. (c) Should an action be commenced alleging gross abuse of discretion by the board, no court shall have jurisdiction to delay, prohibit, or interfere with the construction, reconstruction, remodeling, or replacement of the subject jail facilities. The sole remedy available to the court is a mandate that steps be taken to mitigate the abuse of discretion. (d) Nothing in this title is intended in any way to delay, prohibit, or interfere with the construction of jail facilities. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  40. 4495.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. )

    Verify source ↗

    If part of this title is invalid, the rest of the title still applies if it can work without the invalid part.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.7. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986 [4475 - 4495] ( Title 4.7 added by Stats. 1986, Ch. 12, Sec. 1. ) ## CHAPTER 2. Fiscal Provisions [4480 - 4495] ( Chapter 2 added by Stats. 1986, Ch. 12, Sec. 1. ) ## 4495. If any provision of this title, or the application thereof, is held to be invalid, that invalidity shall not affect the other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. (Added by Stats. 1986, Ch. 12, Sec. 1. Approved in Proposition 52 at the June 3, 1986, election.)
  41. 4496.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 1. General Provisions [4496 - 4496.04] ( Chapter 1 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    This title may be cited as the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 1. General Provisions [4496 - 4496.04] ( Chapter 1 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496. This title shall be known and may be cited as the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  42. 4496.02.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 1. General Provisions [4496 - 4496.04] ( Chapter 1 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The Legislature states that county jails and juvenile facilities remain overcrowded and deteriorated, and that new facilities and capital improvements are needed to protect safety and relieve overcrowding.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 1. General Provisions [4496 - 4496.04] ( Chapter 1 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.02. The Legislature finds and declares all of the following: (a) While the County Jail Capital Expenditure Bond Act of 1981, the County Jail Capital Expenditure Bond Act of 1984, and the County Correctional Facility Capital Expenditure Bond Act of 1986 have helped eliminate many of the critically overcrowded conditions found in county correctional facilities in the state, many problems remain. (b) Numerous county jails and juvenile facilities throughout California are dilapidated and overcrowded. (c) Capital improvements are necessary to protect life and safety of the persons confined or employed in jail facilities and to upgrade the health and sanitary conditions of those facilities. (d) County jails are threatened with closure or the imposition of court supervision if health and safety deficiencies are not corrected immediately. (e) Due to fiscal constraints associated with the loss of local property tax revenues, counties are unable to finance the construction of adequate jail and juvenile facilities. (f) Local facilities for adults and juveniles are operating over capacity and the population of these facilities is still increasing. It is essential to the public safety that construction of new facilities proceed as expeditiously as possible to relieve overcrowding and to maintain public safety and security. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  43. 4496.04.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 1. General Provisions [4496 - 4496.04] ( Chapter 1 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the title, including “Committee,” “Fund,” “County correctional facilities,” “County juvenile facilities,” “Youth center,” and “Youth shelter.”

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 1. General Provisions [4496 - 4496.04] ( Chapter 1 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.04. As used in this title, the following terms have the following meanings: (a) “Committee” means the 1988 County Correctional Facility Capital Expenditure and Youth Facility Finance Committee created pursuant to Section 4496.34. (b) “Fund” means the 1988 County Correctional Facility Capital Expenditure and Youth Facility Bond Fund created pursuant to Section 4496.10. (c) “County correctional facilities” means county jail facilities, including separate facilities for the care of mentally ill inmates and persons arrested because of intoxication, but does not include county juvenile facilities. (d) “County juvenile facilities” means county juvenile halls, juvenile homes, ranches, or camps, and other juvenile detention facilities. (e) “Youth center” means a facility where children, ages 6 to 17, inclusive, come together for programs and activities, including, but not limited to, recreation, health and fitness, delinquency prevention such as antigang programs and programs fostering resistance to peer group pressures, counseling for problems such as drug and alcohol abuse and suicide, citizenship and leadership development, and youth employment. (f) “Youth shelter” means a facility that provides a variety of services to homeless minors living on the street or abused and neglected children to assist them with their immediate survival needs and to help reunite them with their parents or, as a last alternative, to find a suitable home. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  44. 4496.10.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    Bond proceeds issued and sold under this chapter must be deposited into the 1988 County Correctional Facility Capital Expenditure and Youth Facility Bond 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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.10. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1988 County Correctional Facility Capital Expenditure and Youth Facility Bond Fund, which is hereby created. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  45. 4496.12.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The fund money may be used for county correctional and juvenile facility projects, youth center/shelter awards, and related deferred maintenance, subject to dollar caps and conditions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.12. (a) (1) Moneys in the fund, up to a limit of four hundred ten million dollars ($410,000,000), may be available for the construction, reconstruction, remodeling, and replacement of county correctional facilities, and the performance of deferred maintenance on county correctional facilities. However, deferred maintenance for facilities shall only include items with a useful life of at least 10 years. (2) Moneys in the fund, up to a limit of sixty-five million dollars ($65,000,000), may be available for the construction, reconstruction, remodeling, and replacement of county juvenile facilities, and the performance of deferred maintenance on county juvenile facilities, but may only be used for the purpose of reducing overcrowding and eliminating health, fire, and life safety hazards. (3) Expenditure shall be made only if county matching funds of 25 percent are provided as determined by the Legislature, except that this requirement may be modified or waived by the Legislature where it determines that it is necessary to facilitate the expeditious and equitable construction of state and local correctional facilities. (b) Moneys in the fund, up to a limit of twenty-five million dollars ($25,000,000), may be available for the purpose of making awards to public or private nonprofit agencies or joint ventures, or a combination of those entities, for purpose of purchasing equipment and for acquiring, renovating, or constructing youth centers or youth shelters, as may be provided by statute. Fifteen million dollars ($15,000,000) shall be available for youth centers and ten million dollars ($10,000,000) shall be available for youth shelters and shall be distributed by the Department of the Youth Authority. However, any remaining money that has not been awarded under this subdivision within two years of the effective date of this title shall be available for both youth centers and youth shelters. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  46. 4496.16.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    A county must meet listed conditions to be eligible for certain bond-funded program funds.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.16. In order to be eligible to receive funds for the purposes specified in subdivision (a) of Section 4496.12 derived from the issuance of bonds under this title, a county shall do all of the following: (a) Adopt a plan to prohibit the detention of all juveniles in county jails unless otherwise authorized by law. (b) Demonstrate that it has adequate facilities for mentally ill inmates or detainees and for those persons arrested because of inebriation, or demonstrate that it has a plan for the provision of services to these persons. (c) Demonstrate that it has utilized, to the greatest practicable extent, alternatives to jail incarceration. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  47. 4496.17.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The Department of the Youth Authority must administer funds appropriated for juvenile facilities under the terms referenced in Section 4496.12(a)(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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.17. The Department of the Youth Authority shall administer funds appropriated for juvenile facilities as specified in paragraph (2) of subdivision (a) of Section 4496.12. (Added by Stats. 1989, Ch. 1130, Sec. 1. Effective September 30, 1989.)
  48. 4496.19.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    Money in the fund may be spent only for projects specified in this chapter and only as provided in legislative appropriations.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 2. Program [4496.10 - 4496.19] ( Chapter 2 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.19. Money in the fund may only be expended for projects specified in this chapter as allocated in appropriations made by the Legislature. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  49. 4496.30.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    Bonds up to $500 million, excluding refunding bonds, may be issued and sold for the title’s purposes and to reimburse a state 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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.30. Bonds in the total amount of five hundred million dollars ($500,000,000), exclusive of refunding bonds, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this title and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  50. 4496.32.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The bonds authorized by this title must be handled under the State General Obligation Bond Law, and that law is incorporated into 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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.32. The bonds authorized by this title shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this title. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  51. 4496.34.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    This section creates a finance committee for bond issuance purposes and lets a majority of the committee act 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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.34. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this title, the 1988 County Correctional Facility Capital Expenditure and Youth Facility Finance Committee is hereby created. For purposes of this title, the finance committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Governor, the Controller, the Treasurer, the Director of Finance, or their designated representatives. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the Board of Corrections is designated the “board.” (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  52. 4496.36.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The committee decides whether bonds should be issued under this chapter and how many to issue and sell, if needed.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.36. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 4496.12 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  53. 4496.38.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    Each year, an additional sum must be collected to pay bond principal and interest, and revenue-collection officers must do whatever is necessary to collect 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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.38. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  54. 4496.40.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    This section appropriates money from the General Fund in the State Treasury to pay bond principal and interest and to carry out Section 4496.42.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.40. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 4496.42, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  55. 4496.42.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund, up to the amount of unsold bonds approved for sale to carry out this title.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.42. For the purposes of carrying out this title, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section, plus any interest that the amounts would have earned in the Pooled Money Investment Account, shall be returned to the General Fund from money received from the sale of bonds for the purpose of carrying out this title. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  56. 4496.43.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The Treasurer may keep separate accounts for bond proceeds and earnings, and may use them for federal-law payments or other actions needed to preserve the bonds’ tax-exempt status.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.43. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 18.)
  57. 4496.44.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    Money in the fund from bond premium and accrued interest must be kept in the fund and may be transferred to the General Fund as credit for bond interest expenditures.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.44. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  58. 4496.46.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The bonds may be refunded under the referenced Government Code 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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.46. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  59. 4496.47.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    The board may ask the Pooled Money Investment Board for a loan, but the request cannot exceed the amount of unsold bonds authorized for sale, and the board must sign whatever documents are required to get and repay the loan.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.47. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out the provisions of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute such documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  60. 4496.48.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. )

    Verify source ↗

    This section says bond-sale proceeds authorized by this title are not treated as tax proceeds, so their disbursement is not subject to the Article XIII B 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 4.8. COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 [4496 - 4496.48] ( Title 4.8 added by Stats. 1988, Ch. 264, Sec. 1. ) ## CHAPTER 3. Fiscal Provisions [4496.30 - 4496.48] ( Chapter 3 added by Stats. 1988, Ch. 264, Sec. 1. ) ## 4496.48. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this title are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1988, Ch. 264, Sec. 1. Approved in Proposition 86 at the November 8, 1988, election.)
  61. 4497.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 1. General [4497- 4497.] ( Chapter 1 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    State funds under this title may be used for certain jail, medical, juvenile, and detoxification facility projects, but not for facilities counties cannot afford to operate fully and safely.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 1. General [4497- 4497.] ( Chapter 1 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497. (a) The Legislature finds and declares that approval by the electors of the County Correctional Facilities Capital Expenditure and Youth Facility Bond Act of 1988 has made new funds available for the construction and renovation of county jails and county juvenile facilities. The Legislature hereby directs the Board of Corrections to allocate and administer the moneys intended in the County Correctional Facilities Capital Expenditure and Youth Facility Bond Act of 1988 for county jails, and the Department of the Youth Authority to allocate and administer the moneys intended in the County Correctional Facilities Capital Expenditure and Youth Facility Bond Act of 1988 for juvenile facilities, in accordance with the provisions of this title. (b) Money appropriated for allocation under this title may be used for the renovation, replacement, reconstruction, or construction of county jail facilities, county medical facilities designated to house persons charged with or convicted of a crime and who are experiencing mental illness, and county juvenile facilities. Money appropriated by this title may also be used for construction of separate local detention facility space for detoxification of persons arrested because of intoxication. (c) It is the Legislature’s intention to make the money appropriated for allocation under this title available to counties with established and documented needs for capital projects for jail and juvenile facilities. However, that money shall not be used to build facilities that the counties cannot afford to operate fully and safely. (Amended by Stats. 2019, Ch. 9, Sec. 15. (AB 46) Effective January 1, 2020.)
  62. 4497.02.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Defines “Board” and “Fund,” and says the Board of Corrections is not treated as a responsible agency or otherwise subject to CEQA for certain bond-act activities.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.02. (a) For the purpose of this chapter: (1) “Board” means the Board of Corrections. (2) “Fund” means the 1988 County Correctional Facilities Capital Expenditure and Youth Facility Fund. (b) The Board of Corrections shall not itself be deemed a responsible agency, as defined by Section 21069 of the Public Resources Code, or otherwise be subject to the California Environmental Quality Act for any activities under this title, the County Jail Capital Expenditure Bond Acts of 1981 or 1984, or the County Facility Capital Expenditure Bond Act of 1986. This subdivision does not exempt any local agency from the requirements of the California Environmental Quality Act. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  63. 4497.04.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    This section directs how money appropriated for county jail projects must be allocated, allows some counties to pool smaller allocations for a jail project, and keeps the 25% local match requirement in place.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.04. Money appropriated to the board for allocation pursuant to this chapter shall be allocated as follows: (a) Funding shall be provided for those projects entitled to be funded under subdivision (c) of Section 3 of Chapter 444, Statutes of 1984, as amended, and Section 5 of Chapter 1519, Statutes of 1986, to the extent that those projects have not received full funding. (b) The following additional amounts shall be allocated to the counties for the construction, reconstruction, replacement, or renovation of county jail facilities. These funds shall not be used to supplant local funds directed to previously approved state projects. Nor shall these funds be used to reimburse counties whose match on previously approved projects exceeded the required 25 percent. These funds may be used for allocations specified in subdivisions (c) and (d) of Chapter 444, Statutes of 1984, as amended, and Section 5, subdivision (b) of Chapter 1519, Statutes of 1986. County Allocation Alameda ........................ $ 6,441,198 Alpine ........................ 62,541 Amador ........................ 0 Butte ........................ 1,900,266 Calaveras ........................ 0 Colusa ........................ 0 Contra Costa ........................ 1,420,488 Del Norte ........................ 1,317,106 El Dorado ........................ 0 Fresno ........................ 4,326,606 Glenn ........................ 732,094 Humboldt ........................ 2,116,523 Imperial ........................ 0 Inyo ........................ 1,214,025 Kern ........................ 9,650,404 Kings ........................ 891,687 Lake ........................ 1,699,291 Lassen ........................ 727,717 Los Angeles ........................ 172,682,741 Madera ........................ 0 Marin ........................ 2,166,458 Mariposa ........................ 117,478 Mendocino ........................ 1,214,270 Merced ........................ 2,446,318 Modoc ........................ 181,761 Mono ........................ 120,421 Monterey ........................ 7,429,146 Napa ........................ 358,819 Nevada ........................ 1,179,930 Orange ........................ 21,723,387 Placer ........................ 2,022,123 Plumas ........................ 166,775 Riverside ........................ 10,476,076 Sacramento ........................ 6,299,898 San Benito ........................ 1,270,642 San Bernardino ........................ 10,874,718 San Diego ........................ 32,675,959 San Francisco ........................ 17,015,321 San Joaquin ........................ 12,377,292 San Luis Obispo ........................ 2,033,185 San Mateo ........................ 2,452,925 Santa Barbara ........................ 2,438,604 Santa Clara ........................ 11,780,710 Santa Cruz ........................ 2,889,829 Shasta ........................ 0 Sierra ........................ 119,234 Siskiyou ........................ 0 Solano ........................ 1,125,732 Sonoma ........................ 3,877,521 Stanislaus ........................ 3,649,178 Sutter ........................ 964,137 Tehama ........................ 532,947 Trinity ........................ 225,380 Tulare ........................ 2,513,889 Tuolumne ........................ 677,876 Ventura ........................ 14,733,637 Yolo ........................ 686,721 Yuba ........................ 1,844,691 TOTAL ........................ $387,845,675 (c) If any county declares that it is unable to use the funds allocated to it under this section, or if any county is unable to satisfy the prerequisites for funding listed in Section 4494.10, the amount allocated to the county in this section shall revert to the state, to be reallocated by the board. (d) If funds beyond those needed for the itemized amounts become available for reallocation, the board shall reallocate those funds under subdivision (e). (e) Reverted funds under this chapter or subdivision (c) of Chapter 1519 of the Statutes of 1986 shall be reallocated to counties pursuant to the development and adoption of a new allocation plan as determined by an allocation advisory committee appointed by the board. The allocation advisory committee shall convene upon notification by the board that funds have been reverted. Reallocated funds shall be distributed three times. The first distribution shall occur on December 31, 1990; the second distribution shall occur on December 31, 1992, and the final distribution shall occur on December 31, 1993. If any county seeking funds has not completed architectural drawings at the time reallocation funds become available, the county shall be removed from reallocation consideration until it has completed architectural drawings. (f) Any county that receives funds pursuant to this chapter or pursuant to Chapter 444 of the Statutes of 1984, as amended, or Chapter 1519 of the Statutes of 1986, that, in the aggregate, total ten million dollars ($10,000,000) or less may pool or combine those funds for the purpose of financing a jail construction project, subject to approval of the project pursuant to this chapter. However, under no circumstances shall the pooling of successive bond allocations relieve or exempt the county from its obligation to meet the 25 percent local match requirement. This subdivision shall not be interpreted as an authorization to utilize allocated funds to reimburse counties whose match on previously approved and completed projects exceeded the required 25 percent. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  64. 4497.05.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Two county correctional facility funds may be used together for the same project if the project matches stated purposes and restrictions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.05. Money in the 1986 County Correctional Facility Capital Expenditure Fund and money in the 1988 County Correctional Facility Capital Expenditure and Youth Facility Bond Fund may be used on the same project so long as the project is consistent with the purposes set forth in Sections 4485 and 4496.12 and is subject to the restrictions and requirements set forth in subdivision (f) of Section 4497.04. The deadlines applicable under this title shall be applicable to the joint use of funds under this section. (Added by Stats. 1990, Ch. 619, Sec. 1.)
  65. 4497.06.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    The board must administer allocated funds for adult jail facilities and apply its regulations when approving or disapproving county jail projects.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.06. (a) The board shall administer the funds allocated in this chapter to adult jail facilities, according to existing County Correctional Facilities Capital Expenditure Fund regulations, except as those regulations may be amended to comply with the provisions of this chapter. (b) The board shall apply its regulations in the approval or disapproval of county jail projects, except that the board may approve a project if the board finds, after conducting a public hearing, that although the county cannot possibly meet the regulations, the county will nonetheless comply with Section 4485.6. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  66. 4497.08.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    State money cannot be committed or paid to a county for local jail construction or renovation until the county has fulfilled the chapter’s conditions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.08. No state moneys shall be encumbered in contracts with a county, nor released to a county, for construction or renovation of a local jail facility pursuant to this chapter until the conditions of this chapter have been fulfilled by the county. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  67. 4497.10.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    A county seeking funding consideration must meet multiple jail-planning and documentation requirements, including separate housing for juveniles, intoxicated detainees, and people with mental health disorders, plus project proposals and supporting plans.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.10. To be eligible for funding consideration, a county shall, to the satisfaction of the board, do all of the following: (a) Certify that juveniles are not housed in the county’s adult detention facilities, except where authorized by law, and document the existence of, or plans for, separate housing for juveniles. (b) Document the existence of, or plans for, separate housing for persons detained or arrested because of intoxication, which will prevent mixing of this category of prisoner with other prisoners. If the county has no existing provisions for detoxification housing, it shall make provisions for that housing as part of its proposed project. (c) Document the existence of, or plans for, separate housing for defendants or convicted prisoners with mental health disorders, which will prevent mixing of this category of prisoner with other prisoners until the time that the responsible health authority or the health authority’s designee clears specific prisoners for nonseparate housing, based on clinical judgment. If the county has no existing provisions for separate housing of prisoners with mental health disorders, it shall make provisions for that housing as part of its proposed project. (d) (1) Submit a formal project proposal to the board on or before September 30, 1990. The project proposal shall describe the construction or renovation project to be undertaken and shall include an estimated budget for the project. The proposal shall also identify how county funding obligations, both for construction and operation of the facility, will be met. The project proposal shall be consistent with the needs and priorities identified in the needs assessment by the county. (2) Failure to submit a project proposal shall be deemed a declaration by the county that it does not intend to request its allocation under subdivisions (a) and (b) of Section 4497.04, and the amounts allocated in those subdivisions to the county shall be available for reallocation by the board. The board may waive this requirement for submission of a proposal within one year if it determines there are unavoidable delays in the county’s preparation of a project proposal. (e) Submit architectural drawings that shall be approved by the board for compliance with minimum jail standards and by the State Fire Marshal for compliance with fire safety requirements. If the board concludes that a county’s proposed construction or renovation contains serious design deficiencies that, while they would not require a refusal to enter into the contract, would seriously impair the facility’s functioning, it shall notify the sheriff and the board of supervisors of that county of the deficiencies and shall delay entering into a contract with the county for at least 30 days after mailing the letter. This letter shall be a public record. (f) The county shall certify that it owns, or has long-term possession of, the construction site. (g) The county shall have filed a final notice of determination on its environmental impact report with the board. (h) The county has formally adopted a plan to finance the construction of the proposed facility. (i) The county shall have submitted a preliminary staffing plan for the proposed facility, along with an analysis of other operating costs anticipated for the facility, to the board for review and comment. Prior to submission of the staffing plan and operating costs analysis of the board, the county board of supervisors shall have reviewed and approved the submittal in or following public hearings. The sheriff shall also have reviewed and commented on the preliminary staffing plan and the operating cost analysis. The board shall comment in writing to the sheriff and board of supervisors. This letter shall be a public record. (j) (1) The county shall submit either a major or minor needs assessment documenting the need for and purpose of the proposed project. The needs assessment shall meet all requirements listed in the applicable County Correctional Facility Capital Expenditure Fund regulations. The board may exempt a county from performing a new needs assessment if any of the following conditions exist: (A) The board determines that a prior needs assessment is in substantial compliance and it justifies the project being funded in Section 4497.04. (B) A county receives funds from this bond act in an amount of three hundred thousand dollars ($300,000) or less. (2) If exempted from performing a needs assessment, counties shall provide an analysis of specific jail deficiencies, including levels of security, program, including, but not limited to, medical and mental health care, housing, and administration. This analysis shall also include specific plans for correcting the deficiencies. (k) (1) Demonstrate to the board, unless the county’s sole project is a remodel of an existing adult detention facility that will not result in the addition of any beds, that it is using, to the greatest extent feasible, alternatives to incarceration based on the following measures: (A) An incarceration rate of no more than one standard deviation above the mean for all counties. (B) Either a pretrial misdemeanor incarceration rate of no more than one standard deviation above the mean for all counties or a sentenced prisoner alternatives percentage or 5 percent or more as related to total sentenced prisoner admissions. (2) (A) The data to be used in establishing the incarceration rate will be the 1989 calendar year average daily population as reported by each county to the board and the Department of Finance Report on Population by County. (B) The pretrial misdemeanor incarceration rate will be based on an average of the daily pretrial misdemeanor jail population, developed from a four-day sample period in 1989 specified by the board. (C) The sentenced prisoner alternatives percentage will be based on enrollment in three programs: Section 4024.2 of the Penal Code (work-in-lieu of jail), county parole, and home detention if the placement is made after some jail time is served. (D) Counties failing to demonstrate adequate use of alternatives to incarcerations by the above measure by March 30, 1990, shall be reevaluated annually by the board. If any county is unable to satisfy the requirements of this section by September 30, 1993, the amount allocated to the county shall revert to the state, to be reallocated by the board pursuant to subdivision (c) of Section 4497.04. (l) Begin construction or renovation work within four years of the effective date of this title. If a county fails to meet this requirement, any allocations to the county under this chapter shall be deemed void and moneys allocated to the county shall revert to the board for reallocation. The board may waive this requirement if it determines that there are unavoidable delays in the initial construction activities. (m) Counties shall provide for the construction of appropriate courtroom facilities and hearing room facilities within any jail construction plan submitted to the board. Those courtroom facilities and hearing room facilities shall be utilized for purposes of holding appropriate arraignments and bail hearings and for the conduct of parole revocation hearings. The board may waive this requirement where county specific circumstances dictate. (Amended by Stats. 2019, Ch. 9, Sec. 16. (AB 46) Effective January 1, 2020.)
  68. 4497.12.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Counties must provide a county match of at least 25% of total project costs for projects funded 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 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.12. (a) County match on projects funded under this chapter shall be a minimum of 25 percent of the total project costs. (b) The county match requirement imposed upon counties pursuant to the receipt of state moneys shall not be required to be made on a pro rata basis where the requirement would impede the expeditious and equitable construction of county correctional facilities. However, under no circumstances shall the county match for any county project be less than 25 percent. (c) Costs eligible for state funding and as county match shall be those defined in applicable existing sections of the County Correctional Facilities Capital Expenditure Fund regulations, which regulations may be amended. (Amended by Stats. 1990, Ch. 1057, Sec. 1.)
  69. 4497.14.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    The board may not approve jail-construction spending until a county master site plan is adopted, and counties receiving jail-construction funds must provide required 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 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.14. (a) The board shall not approve the expenditures of funds allocated under this act for the construction of county detention facilities until a master site plan for county detention facilities has been prepared and adopted by the board of supervisors of the county proposing to construct the facility. The board of supervisors shall determine the location of any detention facilities pursuant to a master plan, which determination shall not be subject to any initiative or ordinance adopted by initiative. In developing the plan, the board of supervisors shall consider alternatives to additional detention facilities and the specific concerns of incorporated cities and other community representatives, and shall give special consideration to existing federal, state, and local detention facilities in order to avoid over-concentration of inmates in one geographic area of the county. If the board of supervisors decides to locate new or expanded detention facilities near existing detention facilities, it shall publicly state its reasons for that decision. The board shall only approve expenditure of funds allocated under this chapter for the construction of detention facilities in accordance with the plan adopted pursuant to this section. The board may exempt a county from this requirement if the master site plan remains unchanged from that approved under the provisions of the County Correctional Facilities Capital Expenditure Bond Act of 1986. (b) The board shall establish construction costs controls and shall set forth in regulation procedures for setting maximum state funding levels for appropriate construction unit costs, including cost per cell for specified categories of facilities. These cost controls shall be based on average costs in recently constructed facilities in California that are comparable in size, use, location, and other relevant factors. Allocations listed in Section 4497.04 notwithstanding, the state contribution shall be up to 75 percent of total project costs or up to 75 percent of the applicable construction cost norms, whichever is lower. Nothing in this section is intended, however, to prescribe maximum limits on county funding levels for the projects. Prior to releasing any funds to a county, the board shall review construction cost levels in the funded projects for compliance with cost control regulations. (c) Prior to entering into a contract with a county, the board shall review or approve or both review and approve the county submissions required by this chapter regarding the facility or facilities proposed for funding. (d) The board shall collect annually from all counties information on county incarceration rates, average daily jail populations as a proportion of the total county population or total arrests or both; pretrial misdemeanant ratios, the percentage which unsentenced prisoners charged only with misdemeanors constitute the total average daily unsentenced jail population; and sentenced alternatives ratios, for example, average daily populations in work-in-lieu of jail programs and county parole as a percentage of the total average daily sentenced misdemeanant prisoner population. All counties that have received or will receive state funds for jail construction shall supply the board the information necessary to comply with this section. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  70. 4497.16.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    If the board finds a county has not complied after a hearing, it may require the county to repay part of the state bond principal and interest tied to that 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 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 2. County Jails [4497.02 - 4497.16] ( Chapter 2 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.16. If after a hearing, the board makes a finding that a county has failed to comply with a condition or plan approved by the board relating to the requirements of Section 4485.6, the board may require the county to pay an amount equal to the pro rata portion of the principal and interest, paid by the state on bonds the proceeds of which were allocated pursuant to this chapter to the county for the period of noncompliance. The repayment provisions shall not be applicable if the noncompliance with the condition or plan is the result of circumstances beyond the control of the county, or the board finds the county cannot reasonably comply under the circumstances. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  71. 4497.20.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    The Department of the Youth Authority must administer juvenile-facility bond moneys under this chapter, and counties seeking overcrowding funds must submit staffing and operating-cost information for review.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.20. (a) The Department of the Youth Authority is hereby directed to administer the moneys intended for juvenile facilities in the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, in accordance with the provisions of this chapter. (b) It is the intention of the Legislature to make the money appropriated for allocation under this chapter available to counties with established and documented needs for capital projects for juvenile facilities. (c) Counties that apply for funds to alleviate overcrowding shall submit a preliminary staffing plan for the proposed facility, along with an analysis of other operating costs anticipated for the facility, to the Department of the Youth Authority for review and comment. Prior to submission of the staffing plan and operating cost analysis to the department, the board of supervisors shall have reviewed and approved the submittal in or following public hearings. The chief probation officer shall also have reviewed and commented on the preliminary staffing plan and operating cost analysis. The department shall comment in writing to the chief probation officer and board of supervisors. This response shall be a public record. (d) The Department of the Youth Authority shall conduct an assessment of the needs of counties for juvenile facilities in California which shall be submitted to the Legislature by June 30, 1990. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  72. 4497.22.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Funds given to the Department of the Youth Authority for this chapter must be allocated according to 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 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.22. Funds appropriated to the Department of the Youth Authority for allocation under this chapter shall be allocated as provided by this chapter. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  73. 4497.24.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    This section sets aside $2,357,778 for counties that had no juvenile facilities on January 1, 1987, and allocates listed amounts to named counties for constructing county juvenile facilities.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.24. Two million three hundred fifty-seven thousand seven hundred seventy-eight dollars ($2,357,778) shall be set aside initially for the counties that did not have juvenile facilities on January 1, 1987. These funds shall be used to construct county juvenile facilities and are hereby allocated as follows: Amador ........................ $ 33,000 Calaveras ........................ 80,000 Colusa ........................ 218,928 Glenn ........................ 213,850 Inyo ........................ 846,000 Lassen ........................ 350,000 Mariposa ........................ 50,000 Modoc ........................ 126,000 Mono ........................ 18,000 Plumas ........................ 45,000 San Benito ........................ 243,000 Sierra ........................ 10,000 Trinity ........................ 30,000 Tuolumne ........................ 94,000 (Amended by Stats. 1992, Ch. 877, Sec. 1. Effective January 1, 1993.)
  74. 4497.26.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Funds are to be set aside for counties lacking adequate youth facilities, counties may apply jointly to build regional facilities, and awards for each regional facility are capped at $3.3 million.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.26. Ten million dollars ($10,000,000) shall be set aside initially for counties that do not have efficient and adequate facilities for youth with special problems. Two or more counties may apply jointly to construct those facilities regionally. No more than three million three hundred thousand dollars ($3,300,000) shall be awarded for the construction of each regional facility. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  75. 4497.28.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    $48,967,222 is to be set aside initially for counties for juvenile-facility needs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.28. Forty-eight million nine hundred sixty-seven thousand two hundred twenty-two dollars ($48,967,222) shall be set aside initially for counties to alleviate overcrowding and eliminate health, fire, and life safety deficiencies in juvenile facilities or provide efficient and adequate facility for youth with special problems. These funds are hereby allocated to all counties except those listed in Section 4497.24, as follows: Alameda ........................ $ 2,378,878 Butte ........................ 303,787 Contra Costa ........................ 1,329,808 Del Norte ........................ 34,798 El Dorado ........................ 210,354 Fresno ........................ 1,064,299 Humboldt ........................ 201,133 Imperial ........................ 196,087 Kern ........................ 901,792 Kings ........................ 163,725 Lake ........................ 89,431 Los Angeles ........................ 14,970,647 Madera ........................ 143,542 Marin ........................ 400,004 Mendocino ........................ 132,407 Merced ........................ 297,871 Monterey ........................ 605,660 Napa ........................ 184,952 Nevada ........................ 134,321 Orange ........................ 3,934,095 Placer ........................ 272,121 Riverside ........................ 1,700,581 Sacramento ........................ 1,696,928 San Bernardino ........................ 2,235,602 San Diego ........................ 4,123,745 San Francisco ........................ 1,275,871 San Joaquin ........................ 794,440 San Luis Obispo ........................ 360,682 San Mateo ........................ 1,093,529 Santa Barbara ........................ 596,961 Santa Clara ........................ 2,488,758 Santa Cruz ........................ 393,914 Shasta ........................ 242,890 Siskiyou ........................ 75,338 Solano ........................ 544,764 Sonoma ........................ 636,457 Stanislaus ........................ 591,915 Sutter ........................ 107,352 Tehama ........................ 81,253 Tulare ........................ 517,621 Ventura ........................ 1,125,195 Yolo ........................ 234,887 Yuba ........................ 98,827 (Amended by Stats. 1992, Ch. 877, Sec. 2. Effective January 1, 1993.)
  76. 4497.30.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    The section sets aside specified bond funds for juvenile-facility-related costs, a statewide county needs assessment, and limited assistance for county project planning and development.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.30. (a) Two million two hundred twenty-five thousand dollars ($2,225,000) shall be set aside initially for bond interest costs, and two hundred fifty thousand dollars ($250,000) shall be set aside to conduct a statewide assessment of the counties’ needs for juvenile facilities. (b) Notwithstanding Section 5.5 of Chapter 1130 of the Statutes of 1989, up to two hundred twenty-five thousand dollars ($225,000) shall be available for assistance to counties in planning and development of projects funded under Section 5 of Chapter 1327 of the Statutes of 1989 and in accordance with Section 4497.20. (Amended by Stats. 1992, Ch. 877, Sec. 3. Effective January 1, 1993.)
  77. 4497.32.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Unused funds must be reallocated by the Department of the Youth Authority to certain counties, and allocations cannot exceed 75% of total eligible 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 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.32. (a) Funds which were set aside initially as provided by Sections 4497.24 to 4497.30, inclusive, that are not used and funds that were allocated under the provisions of the County Correctional Facility Capital Expenditure Bond Act of 1986 that are not used shall be allocated by the Department of the Youth Authority to those counties that received an allocation under Section 4497.28 which was not sufficient to fund the remaining portion of the total cost of the approved projects. The amount of each of those county’s allocation shall be that county’s per capita share of the total funds available for all counties with partially funded projects, or the amount needed to complete funding of that county’s approved projects, whichever is less. At no time shall the allocation exceed 75 percent of the total eligible costs. (b) The allocation procedure described in subdivision (a) shall be repeated until all of the available funds are awarded. (c) Funds awarded by the Department of the Youth Authority under this section shall be used for the construction, reconstruction, remodeling, or replacement of county juvenile facilities, and for the performance of deferred maintenance on juvenile facilities, but may only be used for the purpose of reducing current overcrowding and eliminating health, fire, and life safety hazards. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  78. 4497.34.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Counties with overcrowded juvenile facilities cannot get funding for juvenile facility projects unless they adopt an approved corrective plan. Counties must also meet contract and construction deadlines to keep funding, and the department can reallocate unused awards.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.34. (a) Counties with overcrowded juvenile facilities shall not be eligible to receive funds to construct, reconstruct, remodel, or replace juvenile facilities unless they have adopted a plan to correct overcrowded conditions within their facilities which includes the use of alternatives to detention. The corrective action plan shall provide for the use of five or more methods or procedures to minimize the number of minors detained and shall be approved by the board of supervisors during or subsequent to a public hearing. (b) To be eligible for funding under this chapter, the county shall enter into a contract with the Department of the Youth Authority and begin construction or renovation work within six years of the operative date of the regulations that implement this chapter. If a county fails to meet this requirement, any allocations or awards to that county under this chapter shall be deemed void and any moneys allocated or awarded to that county shall revert to the Department of the Youth Authority for reallocation to another county as provided by Section 4497.32. The department may waive this requirement if it determines that there are unavoidable delays in starting construction. (c) To be eligible for funding for juvenile facilities under the County Correctional Facility Capital Expenditure Bond Act of 1986, the county shall enter into a contract with the Department of the Youth Authority and begin construction or renovation work by July 31, 1991. If a county fails to meet this requirement, all allocations or awards that have been made to that county under that act shall be deemed void and any moneys allocated or awarded to that county shall revert to the Department of the Youth Authority and are reappropriated for reallocation as provided by Section 4497.32. The department may waive this requirement if it determines that there are unavoidable delays in starting construction. (d) Excluding moneys allocated for San Bernardino County, the Department of the Youth Authority shall immediately reallocate unused awards to eligible participating counties. (Amended by Stats. 1995, Ch. 803, Sec. 1. Effective October 13, 1995.)
  79. 4497.36.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Applications for funds must follow the manner and form set by the Department of the Youth Authority.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.36. An application for funds shall be in the manner and form prescribed by the Department of the Youth Authority. (Added by Stats. 1989, Ch. 1327, Sec. 5. Effective October 2, 1989.)
  80. 4497.38.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    County matching funds must be at least 25% for awards, with a possible deferral process for certain juvenile detention facility projects.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 3. Juvenile Facilities [4497.20 - 4497.38] ( Chapter 3 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.38. (a) Awards shall be made only if county matching funds of 25 percent are provided except as specified in subdivision (b). (b) (1) A county or a consortium of counties may request the Director of the Department of the Youth Authority for a deferral of payment of the required matching funds for the construction of a juvenile detention facility. This request shall be approved if the county or consortium of counties meet all of the following criteria: (A) The county or consortium of counties has plans for the construction of the facility approved by the Department of the Youth Authority. (B) The facility to be built is located in Humboldt County. (C) The county or consortium of counties submits to and receives approval by the Department of the Youth Authority, a plan and schedule for payment of the required match. (2) Contribution of the county or consortium of counties matching requirement shall commence no later than three years from the date of occupation of any facility financed under this chapter. (3) Under no circumstances shall the county match for any county juvenile project be less than 25 percent. (Amended by Stats. 1996, Ch. 6, Sec. 1. Effective January 1, 1997.)
  81. 4497.50.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    Counties and city and counties seeking certain bond funds must use specified correctional-industry products in facility plans, consult with the relevant staff, and obtain plan review and approval before a contract is entered.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.50. In order to be eligible to receive funds derived from the issuance of General Obligation Bonds under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, a county or city and county shall do all of the following: (a) In the design and planning of facilities whose construction, reconstruction, or remodeling is financed under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, products for construction, renovation, equipment, and furnishings produced and sold by the California Correctional Training and Rehabilitation Authority or local Jail Industry Authority shall be utilized in the plans and specifications unless the county or city and county demonstrates either of the following to the satisfaction of the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (1) The products cannot be produced and delivered without causing delay to the construction of the property. (2) The products are not suitable for the facility or competitively priced and cannot otherwise be reasonably adapted. (b) Counties and cities and counties shall consult with the staff of the California Correctional Training and Rehabilitation Authority or local Jail Industry Authority to develop new products and adapt existing products to their needs. (c) The Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, shall not enter into any contract with any county or city and county until that county’s or city and county’s plan for purchase from and consultation with the California Correctional Training and Rehabilitation Authority or local jail industry program is reviewed and approved by the Board of State and Community Corrections or the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (Amended by Stats. 2025, Ch. 241, Sec. 47. (SB 857) Effective January 1, 2026.)
  82. 4497.52.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    A county or city and county may buy specified products from the California Correctional Training and Rehabilitation Authority or a local Jail Industry Authority without bidding or complying with the Public Contract Code.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.52. Notwithstanding any other law, a county or city and county may contract for the purchase of products as specified in Section 4497.50 with the California Correctional Training and Rehabilitation Authority or local Jail Industry Authority without the formality of obtaining bids or otherwise complying with provisions of the Public Contract Code. (Amended by Stats. 2025, Ch. 241, Sec. 48. (SB 857) Effective January 1, 2026.)
  83. 4497.54.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    The California Correctional Training and Rehabilitation Authority must appoint a County Jail and Juvenile Facility Liaison.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.54. The California Correctional Training and Rehabilitation Authority shall designate an individual as County Jail and Juvenile Facility Liaison who shall work with counties to maximize the utilization of California Correctional Training and Rehabilitation Authority products for construction, renovation, equipment, and furnishing, to ensure that manufactured products meet the contract specifications and delivery dates, and to ensure consultation with counties for development of new products and adaption of existing products to meet their needs. (Amended by Stats. 2025, Ch. 241, Sec. 49. (SB 857) Effective January 1, 2026.)
  84. 4497.56.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. )

    Verify source ↗

    The Legislature states its intent to maximize use of California Correctional Training and Rehabilitation Authority products for jail projects and related furnishings.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 4.85. COUNTY CORRECTIONAL FACILITIES CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988 ALLOCATIONS [4497 - 4497.56] ( Title 4.85 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## CHAPTER 4. Purchase of Correctional Industry Products For Correctional, Juvenile, and Youth Facilities [4497.50 - 4497.56] ( Chapter 4 added by Stats. 1989, Ch. 1327, Sec. 5. ) ## 4497.56. It is the intent of the Legislature to maximize the utilization of California Correctional Training and Rehabilitation Authority products for jail construction, renovation, equipment, and furnishings to ensure that prisoners work productively and contribute to reducing the cost to the taxpayers of their incarceration. (Amended by Stats. 2025, Ch. 241, Sec. 50. (SB 857) Effective January 1, 2026.)
  85. 450.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section defines terms used in the arson chapter, including “structure,” “forest land,” “property,” “inhabited,” “maliciously,” and “recklessly.”

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 450. In this chapter, the following terms have the following meanings: (a) “Structure” means any building, or commercial or public tent, bridge, tunnel, or powerplant. (b) “Forest land” means any brush covered land, cut-over land, forest, grasslands, or woods. (c) “Property” means real property or personal property, other than a structure or forest land. (d) “Inhabited” means currently being used for dwelling purposes whether occupied or not. “Inhabited structure” and “inhabited property” do not include the real property on which an inhabited structure or an inhabited property is located. (e) “Maliciously” imports a wish to vex, defraud, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. (f) “Recklessly” means a person is aware of and consciously disregards a substantial and unjustifiable risk that his or her act will set fire to, burn, or cause to burn a structure, forest land, or property. The risk shall be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto. (Added by Stats. 1979, Ch. 145.)
  86. 4500.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. )

    Verify source ↗

    A person serving a life sentence and sentenced to state prison who, with malice aforethought, assaults another with a deadly weapon or force likely to cause great bodily injury is subject to severe punishment.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. ) ## 4500. Every person while undergoing a life sentence, who is sentenced to state prison within this state, and who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury is punishable with death or life imprisonment without possibility of parole. The penalty shall be determined pursuant to the provisions of Sections 190.3 and 190.4; however, in cases in which the person subjected to such assault does not die within a year and a day after such assault as a proximate result thereof, the punishment shall be imprisonment in the state prison for life without the possibility of parole for nine years. For the purpose of computing the days elapsed between the commission of the assault and the death of the person assaulted, the whole of the day on which the assault was committed shall be counted as the first day. Nothing in this section shall be construed to prohibit the application of this section when the assault was committed outside the walls of any prison if the person committing the assault was undergoing a life sentence and was serving a sentence to a state prison at the time of the commission of the assault and was not on parole, on probation, or released on bail pending an appeal. (Amended by Stats. 1986, Ch. 1445, Sec. 1.)
  87. 4501.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. )

    Verify source ↗

    A prisoner who assaults another person with a deadly weapon or with force likely to cause great bodily injury commits a felony and must be imprisoned for 2, 4, or 6 years consecutively, except as provided in Section 4500.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. ) ## 4501. (a) Except as provided in Section 4500, every person confined in the state prison of this state who commits an assault upon the person of another with a deadly weapon or instrument shall be guilty of a felony and shall be imprisoned in the state prison for two, four, or six years to be served consecutively. (b) Except as provided in Section 4500, every person confined in the state prison of this state who commits an assault upon the person of another by any means of force likely to produce great bodily injury shall be guilty of a felony and shall be imprisoned in the state prison for two, four, or six years to be served consecutively. (Amended by Stats. 2015, Ch. 303, Sec. 401. (AB 731) Effective January 1, 2016.)
  88. 4501.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. )

    Verify source ↗

    People confined in state prison who commit battery by gassing on a peace officer or prison employee commit aggravated battery and face imprisonment. Prison officials must investigate and refer suspected cases, and medical staff may order testing in some cases.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. ) ## 4501.1. (a) Every person confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every state prison inmate convicted of a felony under this section shall serve his or her term of imprisonment as prescribed in Section 4501.5. (b) For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes. (c) The warden or other person in charge of the state prison shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison or his or her designee, may, when he or she deems it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for hepatitis or tuberculosis or both hepatitis and tuberculosis on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section. (d) The warden or other person in charge of the state prison shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution. (e) The Department of Corrections and Rehabilitation shall report to the Legislature, by January 1, 2000, its findings and recommendations on gassing incidents at the state prison and the medical testing authorized by this section. The report shall include, but not be limited to, all of the following: (1) The total number of gassing incidents at each state prison facility up to the date of the report. (2) The disposition of each gassing incident, including the administrative penalties imposed, the number of incidents that are prosecuted, and the results of those prosecutions, including any penalties imposed. (3) A profile of the inmates who commit the aggravated batteries, including the number of inmates who have one or more prior serious or violent felony convictions. (4) Efforts that the department has taken to limit these incidents, including staff training and the use of protective clothing and goggles. (5) The results and costs of the medical testing authorized by this section. (f) Nothing in this section shall preclude prosecution under both this section and any other provision of law. (Amended (as amended by Stats. 2011, Ch. 15, Sec. 484) by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 38. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  89. 4501.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. )

    Verify source ↗

    A person confined in a state prison must not commit battery on someone who is not also confined 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. ) ## 4501.5. Every person confined in a state prison of this state who commits a battery upon the person of any individual who is not himself a person confined therein shall be guilty of a felony and shall be imprisoned in the state prison for two, three, or four years, to be served consecutively. (Amended by Stats. 1978, Ch. 579.)
  90. 4502.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. )

    Verify source ↗

    People in or under custody of a penal institution must not possess, carry, manufacture, or try to manufacture specified weapons or similar dangerous items.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. ) ## 4502. (a) Every person who, while at or confined in any penal institution, while being conveyed to or from any penal institution, or while under the custody of officials, officers, or employees of any penal institution, possesses or carries upon his or her person or has under his or her custody or control any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles, any explosive substance, or fixed ammunition, any dirk or dagger or sharp instrument, any pistol, revolver, or other firearm, or any tear gas or tear gas weapon, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, to be served consecutively. (b) Every person who, while at or confined in any penal institution, while being conveyed to or from any penal institution, or while under the custody of officials, officers, or employees of any penal institution, manufactures or attempts to manufacture any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles, any explosive substance, or fixed ammunition, any dirk or dagger or sharp instrument, any pistol, revolver, or other firearm, or any tear gas or tear gas weapon, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, to be served consecutively. (c) For purposes of this section, “penal institution” means the state prison, a prison road camp, prison forestry camp, or other prison camp or farm, or a county jail or county road camp. (Amended by Stats. 2011, Ch. 15, Sec. 485. (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.)
  91. 4503.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. )

    Verify source ↗

    A person confined in a prison or similar facility who takes hostages or uses force or threats to hold people against their will commits a felony and can be sent to state prison for 3, 5, or 7 years, served consecutively.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. ) ## 4503. Any person confined therein who holds as hostage any person within any prison or facility under the jurisdiction of the Director of Corrections, or who by force or threat of force holds any person or persons against their will in defiance of official orders within any such prison or facility, shall be guilty of a felony and shall be imprisoned in the state prison for three, five, or seven years to be served consecutively. (Amended by Stats. 1978, Ch. 579.)
  92. 4504.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. )

    Verify source ↗

    This section defines when a person counts as confined in a state prison or prison for 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Offenses by Prisoners [4500 - 4504] ( Heading of Chapter 1 amended by Stats. 1943, Ch. 173. ) ## 4504. For purposes of this chapter: (a) A person is deemed confined in a “state prison” if he or she is confined in any of the prisons and institutions specified in Section 5003 by order made pursuant to law, including, but not limited to, commitments to the Department of Corrections and Rehabilitation or the Department of Corrections and Rehabilitation, Division of Juvenile Justice, regardless of the purpose of the confinement and regardless of the validity of the order directing the confinement, until a judgment of a competent court setting aside the order becomes final. (b) A person is deemed “confined in” a prison although, at the time of the offense, he or she is temporarily outside its walls or bounds for the purpose of serving on a work detail, for the purpose of confinement in a local correctional institution pending trial, or for any other purpose for which a prisoner may be allowed temporarily outside the walls or bounds of the prison. A prisoner who has been released on parole is not deemed “confined in” a prison for purposes of this chapter. (Amended by Stats. 2015, Ch. 499, Sec. 5. (SB 795) Effective January 1, 2016.)
  93. 451.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    This section makes arson a crime and sets prison terms that vary by the harm caused.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 451. A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property. (a) Arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for five, seven, or nine years. (b) Arson that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for three, five, or eight years. (c) Arson of a structure or forest land is a felony punishable by imprisonment in the state prison for two, four, or six years. (d) Arson of property is a felony punishable by imprisonment in the state prison for 16 months, two, or three years. For purposes of this paragraph, arson of property does not include one burning or causing to be burned his or her own personal property unless there is an intent to defraud or there is injury to another person or another person’s structure, forest land, or property. (e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined. (Amended by Stats. 1994, Ch. 421, Sec. 1. Effective September 7, 1994.)
  94. 451.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person convicted of a felony violation of Section 451 gets a 3-, 4-, or 5-year enhancement if specified aggravating facts are found true.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 451.1. (a) Notwithstanding any other law, any person who is convicted of a felony violation of Section 451 shall be punished by a three-, four-, or five-year enhancement if one or more of the following circumstances is found to be true: (1) The defendant has been previously convicted of a felony violation of Section 451 or 452. (2) A firefighter, peace officer, or other emergency personnel suffered great bodily injury as a result of the offense. The additional term provided by this subdivision shall be imposed whenever applicable, including any instance in which there is a violation of subdivision (a) of Section 451. (3) The defendant proximately caused great bodily injury to more than one victim in any single violation of Section 451. The additional term provided by this subdivision shall be imposed whenever applicable, including any instance in which there is a violation of subdivision (a) of Section 451. (4) The defendant proximately caused multiple structures to burn in any single violation of Section 451. (5) The defendant committed arson as described in subdivision (a), (b), or (c) of Section 451 and the arson was caused by use of a device designed to accelerate the fire or delay ignition. (b) The additional term specified in subdivision (a) shall not be imposed unless the existence of any fact required under this section shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. (Added by Stats. 1994, Ch. 421, Sec. 2. Effective September 7, 1994.)
  95. 452.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person commits unlawful causing of a fire by recklessly setting fire to, burning, or causing to be burned a structure, forest land, or property.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 452. A person is guilty of unlawfully causing a fire when they recklessly set fire to, burn, or cause to be burned any structure, forest land, or property. (a) Unlawfully causing a fire that causes great bodily injury is a felony punishable by imprisonment in the state prison for two, four, or six years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine. (b) Unlawfully causing a fire that causes an inhabited structure or inhabited property to burn is a felony punishable by imprisonment in the state prison for two, three, or four years, or by imprisonment in the county jail for not more than one year, or by a fine, or by both such imprisonment and fine. (c) Unlawfully causing a fire of a structure or forest land is a felony punishable by imprisonment in the state prison for 16 months, two or three years, or by imprisonment in the county jail for not more than six months, or by a fine, or by both such imprisonment and fine. (d) Unlawfully causing a fire of property is a misdemeanor. For purposes of this paragraph, unlawfully causing a fire of property does not include one burning or causing to be burned their own personal property unless there is injury to another person or to another person’s structure, forest land, or property. (e) In the case of any person convicted of violating this section while confined in a state prison, prison road camp, prison forestry camp, or other prison camp or prison farm, or while confined in a county jail while serving a term of imprisonment for a felony or misdemeanor conviction, any sentence imposed shall be consecutive to the sentence for which the person was then confined. (f) For purposes of sentencing for a violation of this section, the fact that the offense was carried out within a merchant’s premises in order to facilitate organized retail theft, as defined in Section 490.4, shall be a factor in aggravation. (Amended by Stats. 2024, Ch. 173, Sec. 1. (SB 1242) Effective January 1, 2025.)
  96. 452.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person convicted of a felony violation of Section 452 can receive a one-, two-, or three-year sentencing enhancement for each listed circumstance that is proven true.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 452.1. (a) Notwithstanding any other law, any person who is convicted of a felony violation of Section 452 shall be punished by a one-, two-, or three-year enhancement for each of the following circumstances that is found to be true: (1) The defendant has been previously convicted of a felony violation of Section 451 or 452. (2) A firefighter, peace officer, or other emergency personnel suffered great bodily injury as a result of the offense. The additional term provided by this subdivision shall be imposed whenever applicable, including any instance in which there is a violation of subdivision (a) of Section 452. (3) The defendant proximately caused great bodily injury to more than one victim in any single violation of Section 452. The additional term provided by this subdivision shall be imposed whenever applicable, including any instance in which there is a violation of subdivision (a) of Section 452. (4) The defendant proximately caused multiple structures to burn in any single violation of Section 452. (b) The additional term specified in subdivision (a) of Section 452.1 shall not be imposed unless the existence of any fact required under this section shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. (Added by Stats. 1994, Ch. 421, Sec. 4. Effective September 7, 1994.)
  97. 453.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who possesses, manufactures, or disposes of flammable or combustible material, or an incendiary device, with intent to use it to set fire to or burn property commits an offense and may be imprisoned for up to one year in county jail or under Section 1170(h).

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 453. (a) Every person who possesses, manufactures, or disposes of any flammable, or combustible material or substance, or any incendiary device in an arrangement or preparation, with intent to willfully and maliciously use this material, substance, or device to set fire to or burn any structure, forest land, or property, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail, not exceeding one year. (b) For the purposes of this section: (1) “Disposes of” means to give, give away, loan, offer, offer for sale, sell, or transfer. (2) “Incendiary device” means a device that is constructed or designed to start an incendiary fire by remote, delayed, or instant means, but no device commercially manufactured primarily for the purpose of illumination shall be deemed to be an incendiary device for the purposes of this section. (3) “Incendiary fire” means a fire that is deliberately ignited under circumstances in which a person knows that the fire should not be ignited. (c) Subdivision (a) does not prohibit the authorized use or possession of any material, substance or device described therein by a member of the armed forces of the United States or by firemen, police officers, peace officers, or law enforcement officers authorized by the properly constituted authorities; nor does that subdivision prohibit the use or possession of any material, substance or device described therein when used solely for scientific research or educational purposes, or for disposal of brush under permit as provided for in Section 4494 of the Public Resources Code, or for any other lawful burning. Subdivision (a) does not prohibit the manufacture or disposal of an incendiary device for the parties or purposes described in this subdivision. (Amended by Stats. 2011, Ch. 15, Sec. 353. (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.)
  98. 4530.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Prisoners who escape or try to escape from custody are punishable by state prison imprisonment, with different terms depending on whether force or violence was 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4530. (a) Every prisoner confined in a state prison who, by force or violence, escapes or attempts to escape therefrom and every prisoner committed to a state prison who, by force or violence, escapes or attempts to escape while being conveyed to or from that prison or any other state prison, or any prison road camp, prison forestry camp, or other prison camp or prison farm or any other place while under the custody of prison officials, officers or employees; or who, by force or violence, escapes or attempts to escape from any prison road camp, prison forestry camp, or other prison camp or prison farm or other place while under the custody of prison officials, officers or employees; or who, by force or violence, escapes or attempts to escape while at work outside or away from prison under custody of prison officials, officers, or employees, is punishable by imprisonment in the state prison for a term of two, four, or six years. The second term of imprisonment of a person convicted under this subdivision shall commence from the time he or she would otherwise have been discharged from prison. No additional probation report shall be required with respect to that offense. (b) Every prisoner who commits an escape or attempts an escape as described in subdivision (a), without force or violence, is punishable by imprisonment in the state prison for 16 months, or two or three years to be served consecutively. No additional probation report shall be required with respect to such offense. (c) The willful failure of a prisoner who is employed or continuing his education, or who is authorized to secure employment or education, or who is temporarily released pursuant to Section 2690, 2910, or 6254, or Section 3306 of the Welfare and Institutions Code, to return to the place of confinement not later than the expiration of a period during which he or she is authorized to be away from the place of confinement, is an escape from the place of confinement punishable as provided in this section. A conviction of a violation of this subdivision, not involving force or violence, shall not be charged as a prior felony conviction in any subsequent prosecution for a public offense. (Amended (as amended by Stats. 2011, Ch. 15, Sec. 486) by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 39. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
  99. 4532.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Prisoners who escape, attempt to escape, or willfully fail to return to confinement commit offenses, with penalties that vary by custody status, force or violence, and subdivision.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4532. (a) (1) Every prisoner arrested and booked for, charged with, or convicted of a misdemeanor, and every person committed under the terms of Section 5654, 5656, or 5677 of the Welfare and Institutions Code as an inebriate, who is confined in any county or city jail, prison, industrial farm, or industrial road camp, is engaged on any county road or other county work, is in the lawful custody of any officer or person, is employed or continuing in his or her regular educational program or authorized to secure employment or education away from the place of confinement, pursuant to the Cobey Work Furlough Law (Section 1208), is authorized for temporary release for family emergencies or for purposes preparatory to his or her return to the community pursuant to Section 4018.6, or is a participant in a home detention program pursuant to Section 1203.016, 1203.017, or 1203.018, and who thereafter escapes or attempts to escape from the county or city jail, prison, industrial farm, or industrial road camp or from the custody of the officer or person in charge of him or her while engaged in or going to or returning from the county work or from the custody of any officer or person in whose lawful custody he or she is, or from the place of confinement in a home detention program pursuant to Section 1203.016, 1203.017, or 1203.018 is guilty of a felony and, if the escape or attempt to escape was not by force or violence, is punishable by imprisonment in the state prison for a determinate term of one year and one day, or in a county jail not exceeding one year. (2) If the escape or attempt to escape described in paragraph (1) is committed by force or violence, the person is guilty of a felony, punishable by imprisonment in the state prison for two, four, or six years to be served consecutively, or in a county jail not exceeding one year. When the second term of imprisonment is to be served in a county jail, it shall commence from the time the prisoner otherwise would have been discharged from jail. (3) A conviction of a violation of this subdivision, or a violation of subdivision (b) involving a participant of a home detention program pursuant to Section 1203.016, 1203.017, or 1203.018 that is not committed by force or violence, shall not be charged as a prior felony conviction in any subsequent prosecution for a public offense. (b) (1) Every prisoner arrested and booked for, charged with, or convicted of a felony, and every person committed by order of the juvenile court, who is confined in any county or city jail, prison, industrial farm, or industrial road camp, is engaged on any county road or other county work, is in the lawful custody of any officer or person, or is confined pursuant to Section 4011.9, is a participant in a home detention program pursuant to Section 1203.016, 1203.017, or 1203.018 who escapes or attempts to escape from a county or city jail, prison, industrial farm, or industrial road camp or from the custody of the officer or person in charge of him or her while engaged in or going to or returning from the county work or from the custody of any officer or person in whose lawful custody he or she is, or from confinement pursuant to Section 4011.9, or from the place of confinement in a home detention program pursuant to Section 1203.016, is guilty of a felony and, if the escape or attempt to escape was not by force or violence, is punishable by imprisonment in the state prison for 16 months, two years, or three years, to be served consecutively, or in a county jail not exceeding one year. (2) If the escape or attempt to escape described in paragraph (1) is committed by force or violence, the person is guilty of a felony, punishable by imprisonment in the state prison for a full term of two, four, or six years to be served consecutively to any other term of imprisonment, commencing from the time the person otherwise would have been released from imprisonment and the term shall not be subject to reduction pursuant to subdivision (a) of Section 1170.1, or in a county jail for a consecutive term not to exceed one year, that term to commence from the time the prisoner otherwise would have been discharged from jail. (c) Notwithstanding any other law, every inmate who is a participant in an alternative custody program pursuant to Section 1170.05 who escapes or attempts to escape from the program is guilty of a misdemeanor. (d) (1) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person who is convicted of a felony offense under this section in that he or she escaped or attempted to escape from a secure main jail facility, from a court building, or while being transported between the court building and the jail facility. (2) In any case in which a person is convicted of a violation of this section designated as a misdemeanor, he or she shall be confined in a county jail for not less than 90 days nor more than one year except in unusual cases where the interests of justice would best be served by the granting of probation. (3) For the purposes of this subdivision, “main jail facility” means the facility used for the detention of persons pending arraignment, after arraignment, during trial, and upon sentence or commitment. The facility shall not include an industrial farm, industrial road camp, work furlough facility, or any other nonsecure facility used primarily for sentenced prisoners. As used in this subdivision, “secure” means that the facility contains an outer perimeter characterized by the use of physically restricting construction, hardware, and procedures designed to eliminate ingress and egress from the facility except through a closely supervised gate or doorway. (4) If the court grants probation under this subdivision, it shall specify the reason or reasons for that order on the court record. (5) Any sentence imposed under this subdivision shall be served consecutive to any other sentence in effect or pending. (e) The willful failure of a prisoner, whether convicted of a felony or a misdemeanor, to return to his or her place of confinement no later than the expiration of the period that he or she was authorized to be away from that place of confinement, is an escape from that place of confinement. This subdivision applies to a prisoner who is employed or continuing in his or her regular educational program, authorized to secure employment or education pursuant to the Cobey Work Furlough Law (Section 1208), authorized for temporary release for family emergencies or for purposes preparatory to his or her return to the community pursuant to Section 4018.6, or permitted to participate in a home detention program pursuant to Section 1203.016, 1203.017, or 1203.018. A prisoner convicted of a misdemeanor who willfully fails to return to his or her place of confinement under this subdivision shall be punished as provided in paragraph (1) of subdivision (a). A prisoner convicted of a felony who willfully fails to return to his or her place of confinement shall be punished as provided in paragraph (1) of subdivision (b). (Amended by Stats. 2011, Ch. 15, Sec. 487. (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.)
  100. 4533.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Certain prison officials and guards who help a prisoner escape can be punished with imprisonment and a fine.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4533. Every keeper of a prison, sheriff, deputy sheriff, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, and fine not exceeding ten thousand dollars ($10,000). (Amended by Stats. 2011, Ch. 15, Sec. 488. (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.)
  101. 4534.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person who willfully helps certain prisoners or custody detainees escape, or try to escape, is punishable under Section 4533.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4534. Any person who willfully assists any paroled prisoner whose parole has been revoked, any escapee, any prisoner confined in any prison or jail, or any person in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or jail, or custody, is punishable as provided in Section 4533. (Amended by Stats. 1980, Ch. 676, Sec. 257.)
  102. 4535.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    It is a felony for any person to bring or send into a prison or jail items that can help a prisoner escape, if done with the intent to help the escape.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4535. Every person who carries or sends into a prison or jail anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is guilty of a felony. (Amended by Stats. 1976, Ch. 1139.)
  103. 4536.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person committed as a mentally disordered sex offender who escapes from a state or private mental health facility, or while being transported to or from it, can be imprisoned. The facility’s medical director or person in charge must notify police or the sheriff, request help to apprehend the person, and notify the court, prosecutor, and Department of Justice within 48 hours.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4536. (a) Every person committed to a state hospital or other public or private mental health facility as a mentally disordered sex offender, who escapes from or who escapes while being conveyed to or from such state hospital or other public or private mental health facility, is punishable by imprisonment in the state prison or in the county jail not to exceed one year. The term imposed pursuant to this section shall be served consecutively to any other sentence or commitment. (b) The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been committed as a mentally disordered sex offender shall promptly notify the chief of police of the city in which the hospital or facility is located, or the sheriff of the county if the hospital or facility is located in an unincorporated area, of the escape of the person, and shall request the assistance of the chief of police or sheriff in apprehending the person, and shall, within 48 hours of the escape of the person, orally notify the court that made the commitment, the prosecutor in the case, and the Department of Justice of the escape. (Amended by Stats. 2012, Ch. 43, Sec. 56. (SB 1023) Effective June 27, 2012.)
  104. 4536.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A hospital or mental health facility director must promptly report a committed person’s escape to specified law enforcement and corrections officials, request help apprehending the person, and orally notify the court, prosecutor, and Department of Justice within 48 hours.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4536.5. The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been committed under the provisions of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of the Welfare and Institutions Code, shall promptly notify the Department of Corrections’ Sexually Violent Predator Parole Coordinator, the chief of police of the city in which the hospital or facility is located, or the sheriff of the county if the hospital or facility is located in an unincorporated area, of the escape of the person, and shall request the assistance of the chief of police or sheriff in apprehending the person, and shall, within 48 hours of the escape of the person, orally notify the court that made the commitment, the prosecutor in the case, and the Department of Justice of the escape. (Amended by Stats. 1999, Ch. 83, Sec. 156. Effective January 1, 2000.)
  105. 4537.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    People in charge of secure detention facilities must promptly report escapes and, in some cases, share escapee information with law enforcement and the media.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 1. Escapes [4530 - 4537] ( Article 1 added by Stats. 1941, Ch. 106. ) ## 4537. (a) The person in charge of any secure detention facility, including, but not limited to, a prison, a juvenile hall, a county jail, or any institution under the jurisdiction of the California Youth Authority, shall promptly notify the chief of police of the city in which the facility is located, or the sheriff of the county if the facility is located in an unincorporated area, of an escape by a person in its custody. (b) The person in charge of any secure detention facility under the jurisdiction of the Department of Corrections or the Department of the Youth Authority shall release the name of, and any descriptive information about, any person who has escaped from custody to other law enforcement agencies, or to other persons if the release of the information would be necessary to assist in recapturing the person or to protect the public from substantial physical harm. (c) In addition to the requirements of subdivisions (a) and (b), in cases of escape by persons in the custody of the Department of Corrections who have been convicted of a felony listed in subdivision (c) of Section 667.5 or who have effected the escape by force or violence as proscribed by subdivision (a) of Section 4530, prompt notification shall be given to the newspapers of general circulation within the county in which the escape occurred, and to television stations regularly broadcasting news into and within the county, accompanied by a photograph and description of the escapee. (Amended by Stats. 1990, Ch. 819, Sec. 1.)
  106. 454.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    People who violate Sections 451 or 452 in a proclaimed state of insurrection or state of emergency face state-prison imprisonment, and probation is generally barred.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 454. (a) Every person who violates Section 451 or 452 during and within an area of any of the following, when proclaimed by the Governor, shall be punished by imprisonment in the state prison, as specified in subdivision (b): (1) A state of insurrection pursuant to Section 143 of the Military and Veterans Code. (2) A state of emergency pursuant to Section 8625 of the Government Code. (b) Any person who is described in subdivision (a) and who violates subdivision (a), (b), or (c) of Section 451 shall be punished by imprisonment in the state prison for five, seven, or nine years. All other persons who are described in subdivision (a) shall be punished by imprisonment in the state prison for three, five, or seven years. (c) Probation shall not be granted to any person who is convicted of violating this section, except in unusual cases where the interest of justice would best be served. (Amended by Stats. 1997, Ch. 260, Sec. 3. Effective January 1, 1998.)
  107. 455.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    A person who willfully and maliciously tries to set fire to, burn, or help burn a structure, forest land, or property commits an offense and may be imprisoned.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 455. (a) Any person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any structure, forest land or property, or who commits any act preliminary thereto, or in furtherance thereof, is punishable by imprisonment in the state prison for 16 months, two or three years. (b) The placing or distributing of any flammable, explosive or combustible material or substance, or any device in or about any structure, forest land or property in an arrangement or preparation with intent to eventually willfully and maliciously set fire to or burn same, or to procure the setting fire to or burning of the same shall, for the purposes of this act constitute an attempt to burn such structure, forest land or property. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 17. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
  108. 4550.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Rescues [4550- 4550.] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person who rescues, tries to rescue, or helps rescue a prisoner from custody is punishable by imprisonment.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 2. Escapes and Rescues [4530 - 4550] ( Chapter 2 added by Stats. 1941, Ch. 106. ) ## ARTICLE 2. Rescues [4550- 4550.] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 4550. Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue any prisoner from any prison, or prison road camp or any jail or county road camp, or from any officer or person having him or her in lawful custody, is punishable as follows: (a) If the prisoner was in custody upon a conviction of a felony punishable with death, by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (b) If the prisoner was in custody otherwise than as specified in subdivision (a), by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in the county jail not to exceed one year. (Amended by Stats. 2011, Ch. 15, Sec. 490. (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.)
  109. 456.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    The court may impose fines for violations of this chapter, including up to $50,000 for a felony violation, or twice the anticipated or actual gross gain if the violation was for pecuniary gain.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 456. (a) Upon conviction for any felony violation of this chapter, in addition to the penalty prescribed, the court may impose a fine not to exceed fifty thousand dollars ($50,000) unless a greater amount is provided by law. (b) When any person is convicted of a violation of any provision of this chapter and the reason he committed the violation was for pecuniary gain, in addition to the penalty prescribed and instead of the fine provided in subdivision (a), the court may impose a fine of twice the anticipated or actual gross gain. (Amended by Stats. 1979, Ch. 145.)
  110. 457.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    After a conviction for a violation of this chapter, the court may order the person to submit to a psychiatric or psychological examination for sentencing.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 457. Upon conviction of any person for a violation of any provision of this chapter, the court may order that such person, for the purpose of sentencing, submit to a psychiatric or psychological examination. (Added by renumbering Section 455 by Stats. 1979, Ch. 145.)
  111. 457.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. )

    Verify source ↗

    People required to register for arson-related offenses must register with local law enforcement within the stated time limits and update address changes in writing.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 1. Arson [450 - 457.1] ( Chapter 1 enacted 1872. ) ## 457.1. (a) As used in this section, “arson” means a violation of Section 451, 451.5, or 453, and attempted arson, which includes, but is not limited to, a violation of Section 455. (b) (1) Every person described in paragraph (2), (3), and (4), for the periods specified therein, shall, while residing in, or if the person has no residence, while located in California, be required to, within 14 days of coming into, or changing the person’s residence or location within any city, county, city and county, or campus wherein the person temporarily resides, or if the person has no residence, is located: (A) Register with the chief of police of the city where the person is residing, or if the person has no residence, where the person is located. (B) Register with the sheriff of the county where the person is residing, or if the person has no residence, where the person is located in an unincorporated area or city that has no police department. (C) In addition to (A) or (B) above, register with the chief of police of a campus of the University of California, the California State University, or community college where the person is residing, or if the person has no residence, where the person is located upon the campus or any of its facilities. (2) Any person who, on or after November 30, 1994, is convicted in any court in this state of arson or attempted arson shall be required to register, in accordance with the provisions of this section, for the rest of their life. (3) Any person who, having committed the offense of arson or attempted arson, and after having been adjudicated a ward of the juvenile court on or after January 1, 1993, is discharged or paroled from the Division of Juvenile Justice shall be required to register, in accordance with the provisions of this section, until that person attains 25 years of age, or until the person has their records sealed pursuant to Section 781 of the Welfare and Institutions Code, whichever comes first. (4) Any person convicted of the offense of arson or attempted arson on or after January 1, 1985, through November 29, 1994, inclusive, in any court of this state, shall be required to register, in accordance with the provisions of this section, for a period of five years commencing, in the case where the person was confined for the offense, from the date of their release from confinement, or in the case where the person was not confined for the offense, from the date of sentencing or discharge, if that person was ordered by the court at the time that person was sentenced to register as an arson offender. The law enforcement agencies shall make registration information available to the chief fire official of a legally organized fire department or fire protection district having local jurisdiction where the person resides. (c) Any person required to register pursuant to this section who is discharged or paroled from a jail, prison, school, road camp, or other penal institution, or from the Division of Juvenile Justice where they were confined because of the commission or attempted commission of arson, shall, prior to the discharge, parole, or release, be informed of their duty to register under this section by the official in charge of the place of confinement. The official shall require the person to read and sign the form as may be required by the Department of Justice, stating that the duty of the person to register under this section has been explained to them. The official in charge of the place of confinement shall obtain the address where the person expects to reside upon their discharge, parole, or release and shall report the address to the Department of Justice. The official in charge of the place of confinement shall give one copy of the form to the person, and shall, not later than 45 days prior to the scheduled release of the person, send one copy to the appropriate law enforcement agency having local jurisdiction where the person expects to reside upon their discharge, parole, or release; one copy to the prosecuting agency that prosecuted the person; one copy to the chief fire official of a legally organized fire department or fire protection district having local jurisdiction where the person expects to reside upon their discharge, parole, or release; and one copy to the Department of Justice. The official in charge of the place of confinement shall retain one copy. All forms shall be transmitted in time so as to be received by the local law enforcement agency and prosecuting agency 30 days prior to the discharge, parole, or release of the person. (d) All records relating specifically to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person required to register under this subdivision for offenses adjudicated by a juvenile court attains 25 years of age or has their records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code, whichever event occurs first. This subdivision shall not be construed to require the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by the court under Section 781 of the Welfare and Institutions Code. (e) Any person who is required to register pursuant to this section who is released on probation or discharged upon payment of a fine shall, prior to the release or discharge, be informed of their duty to register under this section by the probation department of the county in which they have been convicted, and the probation officer shall require the person to read and sign the form as may be required by the Department of Justice, stating that the duty of the person to register under this section has been explained to them. The probation officer shall obtain the address where the person expects to reside upon their release or discharge and shall report within three days the address to the Department of Justice. The probation officer shall give one copy of the form to the person, and shall send one copy to the appropriate law enforcement agency having local jurisdiction where the person expects to reside upon their discharge or release, one copy to the prosecuting agency that prosecuted the person, one copy to the chief fire official of a legally organized fire department or fire protection district having local jurisdiction where the person expects to reside upon their discharge or release, and one copy to the Department of Justice. The probation officer shall also retain one copy. (f) The registration shall consist of (1) a statement in writing signed by the person, giving the information as may be required by the Department of Justice, and (2) the fingerprints and photograph of the person. Within three days thereafter, the registering law enforcement agency shall electronically forward the statement, fingerprints, and photograph to the Department of Justice. (g) If any person required to register by this section changes their residence address, they shall inform, in writing within 10 days, the law enforcement agency with whom they last registered of their new address. The law enforcement agency shall, within three days after receipt of the information, electronically forward it to the Department of Justice. The Department of Justice shall forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence. (h) Any person required to register under this section who violates any of the provisions thereof is guilty of a misdemeanor. Any person who has been convicted of arson or attempted arson and who is required to register under this section who willfully violates any of the provisions thereof is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days nor more than one year in a county jail. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of spending at least 90 days of confinement in a county jail and of completing probation of at least one year. (i) Whenever any person is released on parole or probation and is required to register under this section but fails to do so within the time prescribed, the Division of Juvenile Justice, or the court, as the case may be, shall order the parole or probation of that person revoked. (j) The statements, photographs, and fingerprints required by this section shall not be open to inspection by the public or by any person other than a regularly employed peace officer or other law enforcement officer. (k) In any case in which a person who would be required to register pursuant to this section is to be temporarily sent outside the institution where they are confined on any assignment within a city or county, including, but not limited to, firefighting or disaster control, the local law enforcement agency having jurisdiction over the place or places where that assignment shall occur shall be notified within a reasonable time prior to removal from the institution. This subdivision shall not apply to any person temporarily released under guard from the institution where they are confined. (l) Nothing in this section shall be construed to conflict with Section 1203.4 concerning termination of probation and release from penalties and disabilities of probation. A person required to register under this section may initiate a proceeding under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 and, upon obtaining a certificate of rehabilitation, shall be relieved of any further duty to register under this section. This certificate shall not relieve the petitioner of the duty to register under this section for any offense subject to this section of which they are convicted in the future. Any person who is required to register under this section due to a misdemeanor conviction shall be relieved of the requirement to register if that person is granted relief pursuant to Section 1203.4. (m) For purposes of this section, a discharged person shall include all of the following: (1) A ward in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2022, who, prior to discharge, is returned by the division or the chief probation officer of the county to the court of jurisdiction for alternative disposition, specifically due to the statutorily required closure of the division. The division shall inform the ward of the duty to register prior to the ward being returned to the court. (2) A patient described in Section 1732.10 of the Welfare and Institutions Code. The division shall inform the patient of the duty to register immediately prior to closure of the division. (3) A person described in Section 1732.9 of the Welfare and Institutions Code. The Department of Corrections and Rehabilitation shall inform the person of the duty to register immediately prior to the person being returned to the court of jurisdiction. (n) The court of jurisdiction shall establish the point at which the ward described in subdivision (m) is required to register and notify the Department of Justice of its decision. (Amended by Stats. 2023, Ch. 311, Sec. 4. (SB 883) Effective January 1, 2024.)
  112. 4570.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person may not communicate with prisoners or bring or take letters, writing, literature, or reading matter to or from them without permission from the warden or officer in charge.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4570. Every person who, without the permission of the warden or other officer in charge of any State prison, or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the State prison are located under the custody of prison officials, officers or employees, or any jail, or any county road camp in this State, communicates with any prisoner or person detained therein, or brings therein or takes therefrom any letter, writing, literature, or reading matter to or from any prisoner or person confined therein, is guilty of a misdemeanor. (Amended by Stats. 1943, Ch. 108.)
  113. 4570.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person may not, without permission from the officer in charge, deliver written communications to prisoners or detainees in a prisoner-transport vehicle, or give to or take from the prisoner any item.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4570.1. Every person who, without permission of the peace officer or corrections officer in charge of any vehicle, bus, van or automobile used for the transportation of prisoners, delivers a written communication to any prisoner or person detained therein, or being escorted to or from that vehicle, or takes from or gives to the prisoner any item, is guilty of a misdemeanor. (Added by Stats. 1982, Ch. 1134, Sec. 1.)
  114. 4570.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person commits a misdemeanor if they falsely identify themselves, verbally or with a fraudulent written instrument, to prison or jail staff to get onto the premises when they would not otherwise be allowed in.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4570.5. Every person who falsely indentifies himself either verbally or by presenting any fraudulent written instrument to prison officials, officers, or employees of any state prison, prison road camp, or prison forestry camp, or other prison camp or prison farm, or any jail, or any county industrial farm, or any county road camp, for the purpose of securing admission to the premises or grounds of any such prison, camp, farm, or jail, and such person would not otherwise qualify for admission, is guilty of a misdemeanor. (Added by Stats. 1969, Ch. 424.)
  115. 4571.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person previously convicted of a felony and confined in a California state prison commits a felony if they enter or come onto the grounds of certain prisons, camps, jails, or nearby lands without 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4571. Every person who, having been previously convicted of a felony and confined in any State prison in this State, without the consent of the warden or other officer in charge of any State prison or prison road camp, or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the State prison are located under the custody of prison officials, officers or employees, or any jail or any county road camp in this State, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, is guilty of a felony. (Amended by Stats. 1943, Ch. 108.)
  116. 4573.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    It is a felony to knowingly bring or help bring controlled substances or drug-use paraphernalia into specified prisons, jails, camps, farms, or similar custodial places, unless authorized by law or by the person in charge or an authorized officer.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4573. (a) Except when otherwise authorized by law, or when authorized by the person in charge of the prison or other institution referred to in this section or by an officer of the institution empowered by the person in charge of the institution to give the authorization, any person, who knowingly brings or sends into, or knowingly assists in bringing into, or sending into, any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state are located under the custody of prison officials, officers or employees, or into any county, city and county, or city jail, road camp, farm or other place where prisoners or inmates are located under custody of any sheriff, chief of police, peace officer, probation officer or employees, or within the grounds belonging to the institution, any controlled substance, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming a controlled substance, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (b) The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county. (Amended by Stats. 2011, Ch. 15, Sec. 491. (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.)
  117. 4573.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person may not knowingly bring alcohol, certain drugs, or drug-use paraphernalia into covered prisons, jails, camps, farms, or related grounds unless authorized by the applicable rules or the person in charge.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4573.5. Any person who knowingly brings into any state prison or other institution under the jurisdiction of the Department of Corrections, or into any prison camp, prison farm, or any other place where prisoners or inmates of these institutions are located under the custody of prison or institution officials, officers, or employees, or into any county, city and county, or city jail, road camp, farm or any other institution or place where prisoners or inmates are being held under the custody of any sheriff, chief of police, peace officer, probation officer, or employees, or within the grounds belonging to any institution or place, any alcoholic beverage, any drugs, other than controlled substances, in any manner, shape, form, dispenser, or container, or any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming any drug other than controlled substances, without having authority so to do by the rules of the Department of Corrections, the rules of the prison, institution, camp, farm, place, or jail, or by the specific authorization of the warden, superintendent, jailer, or other person in charge of the prison, jail, institution, camp, farm, or place, is guilty of a felony. The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county. (Amended by Stats. 1990, Ch. 1580, Sec. 3.)
  118. 4573.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person may not knowingly possess prohibited controlled substances or drug-use paraphernalia in covered prisons or jails without authorization.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4573.6. (a) Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any place where prisoners of the state are located under the custody of prison officials, officers, or employees, or in any county, city and county, or city jail, road camp, farm, or any place or institution, where prisoners or inmates are being held under the custody of any sheriff, chief of police, peace officer, probation officer, or employees, or within the grounds belonging to any jail, road camp, farm, place or institution, any controlled substances, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming controlled substances, without being authorized to so possess the same by the rules of the Department of Corrections, rules of the prison or jail, institution, camp, farm or place, or by the specific authorization of the warden, superintendent, jailer, or other person in charge of the prison, jail, institution, camp, farm or place, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (b) The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county. (Amended by Stats. 2011, Ch. 15, Sec. 492. (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.)
  119. 4573.8.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person may not knowingly possess drugs, drug-use paraphernalia, or alcoholic beverages in specified prisons, jails, camps, farms, or related grounds unless authorized.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4573.8. Any person who knowingly has in his or her possession in any state prison, prison road camp, prison forestry camp, or other prison camp or prison farm or any place where prisoners of the state are located under the custody of prison officials, officers, or employees, or in any county, city and county, or city jail, road camp, farm, or any place or institution, where prisoners or inmates are being held under the custody of any sheriff, chief of police, peace officer, probation officer, or employees, or within the grounds belonging to any jail, road camp, farm, place, or institution, drugs in any manner, shape, form, dispenser, or container, any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming drugs, or alcoholic beverages, without being authorized to possess the same by rules of the Department of Corrections, rules of the prison or jail, institution, camp, farm, or place, or by the specific authorization of the warden, superintendent, jailer, or other person in charge of the prison, jail, institution, camp, farm, or place, is guilty of a felony. The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county. (Added by Stats. 1990, Ch. 1580, Sec. 5.)
  120. 4573.9.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person who is not in custody may not give or sell certain controlled substances to people held in custody at covered prisons or jails unless the recipient is authorized to possess them.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4573.9. (a) Notwithstanding any other provision of law, any person, other than a person held in custody, who sells, furnishes, administers, or gives away, or offers to sell, furnish, administer, or give away to any person held in custody in any state prison or other institution under the jurisdiction of the Department of Corrections, or in any prison camp, prison farm, or any other place where prisoners or inmates of these institutions are located under the custody of prison institution officials, officers, or employees, or in any county, city and county, or city jail, road camp, farm, or any other institution or place where prisoners or inmates are being held under the custody of any sheriff, chief of police, peace officer, probation officer, or employees, or within the grounds belonging to any institution or place, any controlled substance, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, if the recipient is not authorized to possess the same by the rules of the Department of Corrections, rules of the prison or jail, institution, camp, farm, or place, or by the specific authorization of the warden, superintendent, jailer, or other person in charge of the prison, jail, institution, camp, farm, or place, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years. (b) The prohibitions and sanctions addressed in this section shall be clearly and prominently posted outside of, and at the entrance to, the grounds of all detention facilities under the jurisdiction of, or operated by, the state or any city, county, or city and county. (Amended by Stats. 2011, Ch. 15, Sec. 493. (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.)
  121. 4574.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    This section forbids bringing, sending, or assisting in bringing prohibited weapons, explosives, or tear gas into specified prisons and related facilities, and also forbids inmates in jail or county road camp from possessing certain weapons or tear gas.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4574. (a) Except when otherwise authorized by law, or when authorized by the person in charge of the prison or other institution referred to in this section or by an officer of the institution empowered by the person in charge of the institution to give such authorization, any person, who knowingly brings or sends into, or knowingly assists in bringing into, or sending into, any state prison or prison road camp or prison forestry camp, or other prison camp or prison farm or any other place where prisoners of the state prison are located under the custody of prison officials, officers or employees, or any jail or any county road camp in this state, or within the grounds belonging or adjacent to any such institution, any firearms, deadly weapons, or explosives, and any person who, while lawfully confined in a jail or county road camp possesses therein any firearm, deadly weapon, explosive, tear gas or tear gas weapon, is guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (b) Except as provided in subdivision (a), any person who knowingly brings or sends into those places any tear gas or tear gas weapons which results in the release of such tear gas or use of such weapon is guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (c) Except as provided in subdivision (a), any person who knowingly brings or sends into those places any tear gas or tear gas weapons is guilty of a misdemeanor and punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 494. (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.)
  122. 4575.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    People in local correctional facilities may not possess certain unauthorized items, including wireless communication devices and handcuff keys, and some tobacco possession is prohibited where a county tobacco ban exists.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4575. (a) Any person in a local correctional facility who possesses a wireless communication device, including, but not limited to, a cellular telephone, pager, or wireless Internet device, who is not authorized to possess that item is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). (b) Any person housed in a local correctional facility who possesses any tobacco products in any form, including snuff products, smoking paraphernalia, any device that is intended to be used for ingesting or consuming tobacco, or any container or dispenser used for any of those products, is guilty of an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250). (c) Money collected pursuant to this section shall be placed into the inmate welfare fund, as specified in Section 4025. (d) Any person housed in a local correctional facility who possesses a handcuff key who is not authorized to possess that item is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine of up to one thousand dollars ($1,000), or by both that imprisonment and fine. As used in this subdivision, “handcuff key” means any device designed or intended to open or unlatch a handcuff. (e) Subdivision (b) shall only apply to a person in a local correctional facility in a county in which the board of supervisors has adopted an ordinance or passed a resolution banning tobacco in its correctional facilities. (Amended by Stats. 2008, Ch. 190, Sec. 1. Effective January 1, 2009.)
  123. 4576.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    This section bans unauthorized possession or delivery of wireless devices to inmates, limits department access to captured data, requires posting notices, and sets penalties and confiscation 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4576. (a) Except as otherwise authorized by law, or when authorized by either the person in charge of the prison or other institution under the jurisdiction of the Department of Corrections and Rehabilitation or an officer of the institution empowered to give that authorization, a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department any cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a subscriber identity module (SIM card) or memory storage device, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, a fine not to exceed five thousand dollars ($5,000) for each device, or both that fine and imprisonment. (b) (1) If a person visiting an inmate or ward in the custody of the department, upon being searched or subjected to a metal detector, is found to be in possession of a cellular telephone or other wireless communication device or any component thereof, including, but not limited to, a SIM card or memory storage device, that device or component shall be subject to confiscation but shall be returned on the same day the person visits the inmate or ward, unless the cellular telephone or other wireless communication device or any component thereof is held as evidence in a case where the person is cited for a violation of subdivision (a). (2) If, upon investigation, it is determined that no prosecution will take place, the cellular telephone or other wireless communication device or any component thereof shall be returned to the owner at the owner’s expense. (3) Notice of this provision shall be posted in all areas where visitors are searched prior to visitation with an inmate or ward in the custody of the department. (c) Any inmate who is found to be in possession of a wireless communication device shall be subject to time credit denial or loss of up to 90 days. (d) A person who brings, without authorization, a wireless communication device within the secure perimeter of any prison or institution housing offenders under the jurisdiction of the department is deemed to have given his or her consent to the department using available technology to prevent that wireless device from sending or receiving telephone calls or other forms of electronic communication. Notice of this provision shall be posted at all public entry gates of the prison or institution. (e) The department shall not access data or communications that have been captured using available technology from unauthorized use of a wireless communication device except after obtaining a valid search warrant. (f) The department shall not capture data or communications from an authorized wireless communication device, except as already authorized under existing law. (g) The department shall not access data or communications that have been captured using available technology from an authorized wireless communication device, except as already authorized under existing law. (h) If the available technology to prevent wireless communications from sending and receiving telephone calls or other forms of electronic communication extends beyond the secure perimeter of the prison or institution, the department shall take all reasonable actions to correct the problem. (i) Any contractor or employee of a contractor or the department who knowingly and willfully, without authorization, obtains, discloses, or uses confidential information in violation of subdivision (e), (f), or (g) shall be subject to an administrative fine or civil penalty not to exceed five thousand dollars ($5,000) for a first violation, or ten thousand dollars ($10,000) for a second violation, or twenty-five thousand dollars ($25,000) for a third or subsequent violation. (j) Nothing in this section prohibits the department from obtaining electronic communications that the department could have lawfully obtained prior to the effective date of this section. (Added by Stats. 2011, Ch. 500, Sec. 1. (SB 26) Effective October 6, 2011.)
  124. 4577.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person generally may not knowingly and intentionally fly an unmanned aircraft system over a state prison, jail, or juvenile facility grounds; doing so is an infraction punishable by a $500 fine.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3. Unauthorized Communications With Prisons and Prisoners [4570 - 4577] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4577. (a) Except as provided in subdivisions (b), (c), and (d), a person who knowingly and intentionally operates an unmanned aircraft system on or above the grounds of a state prison, a jail, or a juvenile hall, camp, or ranch is guilty of an infraction, punishable by a fine of five hundred dollars ($500). (b) This section does not apply to a person employed by the prison who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the Department of Corrections and Rehabilitation to operate the unmanned aircraft system over the prison. (c) This section does not apply to a person employed by the jail who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the county sheriff to operate the unmanned aircraft system over the jail. (d) This section does not apply to a person employed by the county department that operates the juvenile hall, camp, or ranch who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the county department that operates the juvenile hall, camp, or ranch to operate the unmanned aircraft system over the juvenile hall, camp, or ranch. (e) For purposes of this section, the following definitions apply: (1) “Unmanned aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (2) “Unmanned aircraft system” means an unmanned aircraft and associated elements, including, but not limited to, communication links and the components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system. (Added by Stats. 2018, Ch. 333, Sec. 1. (SB 1355) Effective January 1, 2019.)
  125. 458.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    This section defines “cargo container” for this chapter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 458. As used in this chapter, the term “cargo container” means a receptacle with all of the following characteristics: (a) Of a permanent character and accordingly strong enough to be suitable for repeated use. (b) Specially designed to facilitate the carriage of goods, by one or more modes of transport, one of which shall be by vessels, without intermediate reloading. (c) Fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another. (d) So designed to be easy to fill and empty. (e) Having a cubic displacement of 1,000 cubic feet or more. (Added by Stats. 1984, Ch. 854, Sec. 1.)
  126. 459.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    Entering listed buildings or vehicles with intent to commit grand or petit larceny or any felony is burglary.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 459. (a) Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises. (b) The fact that the structure entered has been damaged by a natural or other disaster, or the extent of that damage, does not preclude conviction. (Amended by Stats. 2025, Ch. 533, Sec. 1. (AB 468) Effective January 1, 2026.)
  127. 459.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    This section defines shoplifting, sets a $950 value limit, says shoplifting is generally punished as a misdemeanor, and bars charging the same person with burglary or theft of the same property for the same shoplifting act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 459.5. (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170. (b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property. (Added November 4, 2014, by initiative Proposition 47, Sec. 5.)
  128. 460.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    Burglary of certain inhabited places is first degree burglary; all other burglary is second degree.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 460. (a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree. (b) All other kinds of burglary are of the second degree. (c) This section shall not be construed to supersede or affect Section 464 of the Penal Code. (Amended by Stats. 1991, Ch. 942, Sec. 15.)
  129. 4600.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Demolishing Prisons and Jails [4600- 4600.] ( Chapter 4 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person who willfully destroys or injures a jail, prison, or related public property can be fined up to $10,000 and imprisoned; if the damage is $950 or less, the offense is a misdemeanor.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 4. Demolishing Prisons and Jails [4600- 4600.] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## 4600. (a) Every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any jail, prison, or any public property in any jail or prison, is punishable by a fine not exceeding ten thousand dollars ($10,000), and by imprisonment pursuant to subdivision (h) of Section 1170, except that where the damage or injury to any city, city and county, or county jail property or prison property is determined to be nine hundred fifty dollars ($950) or less, that person is guilty of a misdemeanor. (b) In any case in which a person is convicted of violating this section, the court may order the defendant to make restitution to the public entity that owns the property damaged by the defendant. The court shall specify in the order that the public entity that owns the property damaged by the defendant shall not enforce the order until the defendant satisfies all outstanding fines, penalties, assessments, restitution fines, and restitution orders. (Amended by Stats. 2011, Ch. 15, Sec. 495. (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.)
  130. 461.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    Burglary is punishable by imprisonment, with different penalties for first- and second-degree burglary.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 461. Burglary is punishable as follows: (a) Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. (b) Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 355. (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.)
  131. 462.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    Probation is generally not allowed for burglary of an inhabited dwelling, trailer coach, floating home, or the inhabited portion of another building, except in unusual cases serving the interests of justice.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 462. (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person who is convicted of a burglary of an inhabited dwelling house or trailer coach as defined in Section 635 of the Vehicle Code, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or the inhabited portion of any other building. (b) If the court grants probation under subdivision (a), it shall specify the reason or reasons for that order on the court record. (Amended by Stats. 1993, Ch. 162, Sec. 2. Effective January 1, 1994.)
  132. 462.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    Felony custodial institution burglary generally cannot receive probation, while misdemeanor custodial institution burglary carries a county jail term of 90 days to 1 year unless probation is justified in an unusual case.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 462.5. (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person who is convicted of a felony custodial institution burglary. In any case in which a person is convicted of a misdemeanor custodial institution burglary, such person shall be confined in the county jail for not less than 90 days nor more than one year except in unusual cases where the interests of justice would best be served by the granting of probation. (b) As used in this section, “custodial institution burglary” shall mean a violation of Section 459 on the grounds of any jail or correctional institution with the intent to steal items to use or convert for use as weapons, escape tools, or intoxicating drugs. (c) If the court grants probation under subdivision (a), it shall specify the reason or reasons for such order on the court record. (d) Any person convicted of custodial institution burglary shall serve his or her sentence, including enhancements, consecutive to any other sentence in effect or pending. The felony sentence shall be calculated under Section 1170.1. (Added by Stats. 1982, Ch. 1132, Sec. 1.)
  133. 463.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    This section defines evacuation-related terms and treats certain listed crimes committed during a state or local emergency, or in an evacuation zone, as looting with specified penalties. It also sets probation jail and community service conditions and excludes some consensual commercial-structure entries from being charged under this section.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 463. (a) For the purposes of this section, the following terms shall have the following meanings: (1) “Evacuation order” means an order from the Governor, or a county sheriff, chief of police, or fire marshal, under which persons subject to the order are required to relocate outside of the geographic area covered by the order due to an imminent danger resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster. (2) “Evacuation zone” means any of the following: (A) An evacuation area or an area subject to an evacuation warning, as defined in Section 2470.1 of Title 19 of the California Code of Regulations. (B) One or more residential dwelling units in an area identified in subparagraph (A) that is damaged or destroyed by an earthquake, fire, flood, riot, or other natural or manmade disaster, for one year after the date an evacuation order or warning went into effect, regardless of whether the evacuation order or warning has been lifted, but does not include detached structures on the same property that are not dwelling units or are not otherwise usable for human habitation. (C) One or more residential dwelling units in an area identified in subparagraph (A) that is damaged or destroyed by an earthquake, fire, flood, riot, or other natural or manmade disaster, and is currently undergoing reconstruction, for up to three years after the date an evacuation order or warning went into effect, regardless of whether the evacuation order or warning has been lifted, but does not include detached structures on the same property that are not dwelling units or are not otherwise usable for human habitation. (3) “Local emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. A “local emergency” shall exist from the time of the proclamation of the condition of the emergency by the local governing body until terminated pursuant to Section 8630 of the Government Code. (4) “Reconstruction” includes, but is not limited to, the time from initial debris removal through the issuance of the certificate of occupancy. (5) “State of emergency” means conditions that, by reason of their magnitude, are, or are likely to be, beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat. A “state of emergency” shall exist from the time of the proclamation of the condition of the emergency until terminated pursuant to Section 8629 of the Government Code. (b) All of the following offenses when committed during and within an affected county in a “state of emergency” or a “local emergency,” or under an “evacuation order,” resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster are looting and, except as provided in subdivision (c), are punishable as follows: (1) A violation of Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. (2) A violation of Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. (3) Grand theft of a firearm, as defined in Section 487, is punishable by imprisonment in the state prison, as set forth in subdivision (a) of Section 489. (4) A violation of Section 488 is punishable by imprisonment in a county jail for six months. (c) All of the following offenses when committed during and within an evacuation zone are looting and, notwithstanding subdivision (b), are punishable as follows: (1) A violation of Section 459, punishable as a first-degree burglary pursuant to subdivision (a) of Section 461, is punishable by imprisonment in the state prison for a term of two, four, or seven years. (2) A violation of Section 459, punishable as a second-degree burglary pursuant to subdivision (b) of Section 461, is punishable pursuant to subdivision (h) of Section 1170. (3) A violation of Section 487 or subdivision (a) of Section 487a, except grand theft of a firearm, is punishable pursuant to subdivision (h) of Section 1170. (4) A violation of Section 602, with the intent to commit larceny, punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. (5) Notwithstanding Section 490.2, theft from an unlocked vehicle is punishable by imprisonment in a county jail for one year or pursuant to subdivision (h) of Section 1170. This paragraph shall not preclude prosecution under any other provision of law. (d) (1) A person convicted of an offense described in paragraph (1), (2), or (3) of subdivision (b) or an offense described in subdivision (c) who is granted probation shall, as a condition of probation, be confined in a county jail for at least 180 days, except that the court may, in a case where the interest of justice would best be served, reduce or eliminate that mandatory jail sentence if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. (2) In addition to whatever custody is ordered, the court may require any person granted probation following conviction under paragraph (1) of subdivision (b) to serve up to 240 hours of community service and may require any person granted probation following conviction of an offense described in paragraph (2) or (3) of subdivision (b) or an offense described in subdivision (c) to serve up to 160 hours of community service. (3) A person convicted under paragraph (4) of subdivision (b) who is granted probation shall, as a condition of probation, be confined in a county jail for at least 90 days, except that the court may, in a case where the interest of justice would best be served, reduce or eliminate that mandatory minimum jail sentence if the court specifies on the record and enters into the minutes the circumstances indicating that the interest of justice would best be served by that disposition. In addition to whatever custody is ordered, the court may require any person granted probation following conviction under this subdivision to serve up to 80 hours of community service. (e) Consensual entry into a commercial structure with the intent to commit a violation of Section 470, 476, 476a, 484f, or 484g shall not be charged as a violation under this section. (f) For purposes of this section, the fact that the structure entered has been damaged by the earthquake, fire, flood, or other natural or manmade disaster shall not, in and of itself, preclude conviction. (Repealed and added by Stats. 2025, Ch. 533, Sec. 3. (AB 468) Effective January 1, 2026.)
  134. 463.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    When sentencing someone convicted under Section 463, the court may treat impersonating emergency personnel as an aggravating factor if that fact is pleaded and proven.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 463.2. (a) In sentencing a person convicted of a violation of Section 463, the court may consider the fact, if pled and proven, that the defendant committed the crime while impersonating emergency personnel as a factor in aggravation in sentencing. (b) For purposes of this section, the following terms have the following meanings: (1) “Emergency personnel” means a peace officer, an officer or member of a fire department or a deputy state fire marshal, an employee of a public utility or district, state, county, city, or special district, a city and county officer or employee, an officer or member of a governmental agency-managed or -affiliated search and rescue unit or team, an officer or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (2) “Impersonating” means willfully wearing, exhibiting, or using of an authorized uniform, insignia, emblem, device, label, certificate, card, or writing of emergency personnel with the intent of fraudulently inducing the belief that they are emergency personnel. (Added by Stats. 2025, Ch. 545, Sec. 2. (SB 571) Effective January 1, 2026.)
  135. 464.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    A person who enters a building with intent to commit a crime and uses certain burning or explosive tools to open a vault, safe, or similar secure place commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 464. Any person who, with intent to commit crime, enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe, or other secure place by use of acetylene torch or electric arc, burning bar, thermal lance, oxygen lance, or any other similar device capable of burning through steel, concrete, or any other solid substance, or by use of nitroglycerine, dynamite, gunpowder, or any other explosive, is guilty of a felony and, upon conviction, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for a term of three, five, or seven years. (Amended by Stats. 2011, Ch. 15, Sec. 357. (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.)
  136. 465.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. )

    Verify source ↗

    A person who forcibly enters a vehicle with intent to commit theft or another felony commits unlawful entry of a vehicle.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 2. Burglary [458 - 465] ( Heading of Chapter 2 amended by Stats. 1984, Ch. 193, Sec. 99. ) ## 465. (a) A person who forcibly enters a vehicle, as defined in Section 670 of the Vehicle Code, with the intent to commit a theft or any felony therein is guilty of unlawful entry of a vehicle. (b) Unlawful entry of a vehicle is punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment pursuant to subdivision (h) of Section 1170. (c) As used in this section, forcible entry of a vehicle means the entry of a vehicle accomplished through any of the following means: the use of a tool or device that manipulates the locking mechanism, including, without limitation, a slim jim or other lockout tool, a shaved key, jiggler key, or lock pick, or an electronic device such as a signal extender, or force that damages the exterior of the vehicle, including, but not limited to, breaking a window, cutting a convertible top, punching a lock, or prying open a door. (d) A person may not be convicted both pursuant to this section and pursuant to Section 459. (Added by Stats. 2024, Ch. 170, Sec. 1. (SB 905) Effective January 1, 2025.)
  137. 466.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    This section makes it a misdemeanor to possess certain burglary tools, or to make, alter, or repair keys or other instruments for unlawful entry or other criminal use.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466. (a) A person who possesses a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, key programming device or key duplicating device, signal extender, or other instrument or tool with the intent to feloniously break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle as defined in the Vehicle Code, or who knowingly makes or alters, or attempts to make or alter, a key or other instrument named above so that it will fit or open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle Code, without being requested to do so by a person having the right to open the same, or who makes, alters, or repairs any instrument or thing, knowing or having reason to believe that it is intended to be used in the commission of a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in Section 459 shall be deemed to be a building within the meaning of this section. (b) For the purposes of this section, the following terms have the following meanings: (1) “Key programming device” or “key duplicating device” means any device with the capability to access a vehicle’s onboard computer to allow additional keys to be made, delete keys, or remotely start the vehicle without the use of any key. A key duplicating device also includes any device with the ability to capture a key code or signal in order to remotely access a vehicle. (2) “Signal extender” means a key fob amplifier or other device that extends the signal range of a keyless entry car fob to send a coded signal to a receiver in a vehicle to lock, unlock, access a vehicle, start the engine, or interact with other remote commands associated to the vehicle’s onboard computer. (Amended by Stats. 2025, Ch. 367, Sec. 1. (AB 486) Effective January 1, 2026.)
  138. 466.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    If someone knowingly sells or provides certain lock-picking devices, they must collect buyer details, record the sale on a receipt, keep a copy for one year, and allow peace officer inspection during business hours.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.1. Any person who knowingly and willfully sells or provides a lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a floor-safe door puller, to another, whether or not for compensation, shall obtain the name, address, telephone number, if any, date of birth, and driver’s license number or identification number, if any, of the person to whom the device is sold or provided. This information, together with the date the device was sold or provided and the signature of the person to whom the device was sold or provided, shall be set forth on a bill of sale or receipt. A copy of each bill of sale or receipt shall be retained for one year and shall be open to inspection by any peace officer during business hours. Any person who violates any provision of this section is guilty of a misdemeanor. (Added by Stats. 1984, Ch. 82, Sec. 2.)
  139. 466.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    It is an offense to possess tools, devices, or copies/molds made to open, break into, tamper with, or damage a coin-operated machine, when done with intent to steal from that machine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.3. (a) Whoever possesses a key, tool, instrument, explosive, or device, or a drawing, print, or mold of a key, tool, instrument, explosive, or device, designed to open, break into, tamper with, or damage a coin-operated machine as defined in subdivision (b), with intent to commit a theft from such machine, is punishable by imprisonment in the county jail for not more than one year, or by fine of not more than one thousand dollars ($1,000), or by both. (b) As used in this section, the term “coin-operated machine” shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or moneychanger. (Added by Stats. 1972, Ch. 1088.)
  140. 466.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    This section makes it a misdemeanor to possess, use, make, advertise, offer, or sell certain motor vehicle master keys or wheel lock master keys, with stated intent and knowledge requirements.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.5. (a) Every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle master key or a motor vehicle wheel lock master key is guilty of a misdemeanor. (b) Every person who, with the intent to use it in the commission of an unlawful act, uses a motor vehicle master key to open a lock or operate the ignition switch of any motor vehicle or uses a motor vehicle wheel lock master key to open a wheel lock on any motor vehicle is guilty of a misdemeanor. (c) Every person who knowingly manufactures for sale, advertises for sale, offers for sale, or sells a motor vehicle master key or a motor vehicle wheel lock master key, except to persons who use such keys in their lawful occupations or businesses, is guilty of a misdemeanor. (d) As used in this section: (1) “Motor vehicle master key” means a key which will operate all the locks or ignition switches, or both the locks and ignition switches, in a given group of motor vehicle locks or motor vehicle ignition switches, or both motor vehicle locks and motor vehicle ignition switches, each of which can be operated by a key which will not operate one or more of the other locks or ignition switches in such group. (2) “Motor vehicle wheel lock” means a device attached to a motor vehicle wheel for theft protection purposes which can be removed only by a key unit unique to the wheel lock attached to a particular motor vehicle. (3) “Motor vehicle wheel lock master key” means a key unit which will operate all the wheel locks in a given group of motor vehicle wheel locks, each of which can be operated by a key unit which will not operate any of the other wheel locks in the group. (Amended by Stats. 1976, Ch. 138.)
  141. 466.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    A person who makes certain vehicle-related keys for another must collect specified customer and vehicle information, put it on a work order, keep a copy for two years, and allow inspection or submission to the Bureau on request.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.6. (a) Any person who makes a key capable of operating the ignition of a motor vehicle or personal property registered under the Vehicle Code for another by any method other than by the duplication of an existing key, whether or not for compensation, shall obtain the name, address, telephone number, if any, date of birth, and driver’s license number or identification number of the person requesting or purchasing the key; and the registration or identification number, license number, year, make, model, color, and vehicle identification number of the vehicle or personal property registered under the Vehicle Code for which the key is to be made. Such information, together with the date the key was made and the signature of the person for whom the key was made, shall be set forth on a work order. A copy of each such work order shall be retained for two years, shall include the name and permit number of the locksmith performing the service, and shall be open to inspection by any peace officer or by the Bureau of Collection and Investigative Services during business hours or submitted to the bureau upon request. Any person who violates any provision of this subdivision is guilty of a misdemeanor. (b) The provisions of this section shall include, but are not limited to, the making of a key from key codes or impressions. (c) Nothing contained in this section shall be construed to prohibit the duplication of any key for a motor vehicle from another key. (Amended by Stats. 1992, Ch. 1135, Sec. 27. Effective January 1, 1993.)
  142. 466.65.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    A person may not possess, give, or lend certain motorcycle ignition-bypass devices or hardware with intent to steal or help steal a motorcycle; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.65. (a) Every person who possesses, gives, or lends any device designed to bypass the factory-installed ignition of a motorcycle in order to start the engine of a motorcycle without a manufacturer’s key, or who possesses, gives, or lends any motorcycle ignition, or part thereof, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor. (b) Every person who possesses, gives, or lends any item of hardware, including, but not limited to, boltcutters, electrical tape, wirecutters, wire strippers, or allen wrenches, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor. (Added by Stats. 2010, Ch. 120, Sec. 1. (AB 1848) Effective January 1, 2011.)
  143. 466.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    A person who knowingly possesses a motor vehicle key made without the owner's consent, and intends to use it for an unlawful act, commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.7. Every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle key with knowledge that such key was made without the consent of either the registered or legal owner of the motor vehicle or of a person who is in lawful possession of the motor vehicle, is guilty of a misdemeanor. (Added by Stats. 1977, Ch. 1147.)
  144. 466.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    Certain people who make keys by onsite inspection for residences or commercial establishments must collect specific customer and job details on a work order and keep the work order for two years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.8. (a) Any person who knowingly and willfully makes a key capable of opening any door or other means of entrance to any residence or commercial establishment for another by any method involving an onsite inspection of such door or entrance, whether or not for compensation, shall obtain, together with the date the key was made, the street address of the residence or commercial establishment, and the signature of the person for whom the key was made, on a work order form, the following information regarding the person requesting or purchasing the key: (1) Name. (2) Address. (3) Telephone number, if any. (4) Date of birth. (5) Driver’s license number or identification number, if any. A copy of each such work order shall be retained for two years and shall be open to inspection by any peace officer or by the Bureau of Collection and Investigative Services during business hours or submitted to the bureau upon request. Any person who violates any provision of this subdivision is guilty of a misdemeanor. (b) Nothing contained in this section shall be construed to prohibit the duplication of any key for a residence or commercial establishment from another such key. (c) Locksmiths licensed by the Bureau of Collection and Investigative Services are subject to the provisions set forth in Chapter 8.5 (commencing with Section 6980) of Division 3 of the Business and Professions Code. (d) The provisions of this section shall include, but are not limited to, the making of a key from key codes or impressions. (Amended by Stats. 1992, Ch. 1135, Sec. 28. Effective January 1, 1993.)
  145. 466.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    A person may not possess or use a code grabbing device in connection with an unlawful act; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 466.9. (a) Every person who possesses a code grabbing device, with the intent to use it in the commission of an unlawful act, is guilty of a misdemeanor. (b) Every person who uses a code grabbing device to disarm the security alarm system of a motor vehicle, with the intent to use the device in the commission of an unlawful act, is guilty of a misdemeanor. (c) As used in this section, “code grabbing device” means a device that can receive and record the coded signal sent by the transmitter of a motor vehicle security alarm system and can play back the signal to disarm that system. (Added by renumbering Section 446.9 by Stats. 1995, Ch. 91, Sec. 124. Effective January 1, 1996.)
  146. 468.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    It is a misdemeanor to knowingly buy, sell, receive, dispose of, conceal, or possess a sniperscope, unless a stated exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 468. Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his possession a sniperscope shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. As used in this section, sniperscope means any attachment, device or similar contrivance designed for or adaptable to use on a firearm which, through the use of a projected infrared light source and electronic telescope, enables the operator thereof to visually determine and locate the presence of objects during the nighttime. This section shall not prohibit the authorized use or possession of such sniperscope by a member of the armed forces of the United States or by police officers, peace officers, or law enforcement officers authorized by the properly constituted authorities for the enforcement of law or ordinances; nor shall this section prohibit the use or possession of such sniperscope when used solely for scientific research or educational purposes. (Added by Stats. 1958, 1st Ex. Sess., Ch. 76.)
  147. 469.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )

    Verify source ↗

    It is a misdemeanor for any person to knowingly make, duplicate, use, attempt to make or duplicate, or possess certain keys without authorization and knowing there is no authorization.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. ) ## 469. Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the State of California, any state agency, board, or commission, a county, city, or any public school or community college district without authorization from the person in charge of such building or area or his designated representative and with knowledge of the lack of such authorization is guilty of a misdemeanor. (Added by Stats. 1970, Ch. 1090.)
  148. 470.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    This section makes forgery a crime when a person, with intent to defraud, signs another’s name, forges a seal or handwriting, alters certain records, or falsely makes or passes listed documents as genuine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 470. (a) Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the items listed in subdivision (d) is guilty of forgery. (b) Every person who, with the intent to defraud, counterfeits or forges the seal or handwriting of another is guilty of forgery. (c) Every person who, with the intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgery. (d) Every person who, with the intent to defraud, falsely makes, alters, forges, or counterfeits, utters, publishes, passes or attempts or offers to pass, as true and genuine, any of the following items, knowing the same to be false, altered, forged, or counterfeited, is guilty of forgery: any check, bond, bank bill, or note, cashier’s check, traveler’s check, money order, post note, draft, any controller’s warrant for the payment of money at the treasury, county order or warrant, or request for the payment of money, receipt for money or goods, bill of exchange, promissory note, order, or any assignment of any bond, writing obligatory, or other contract for money or other property, contract, due bill for payment of money or property, receipt for money or property, passage ticket, lottery ticket or share purporting to be issued under the California State Lottery Act of 1984, trading stamp, power of attorney, certificate of ownership or other document evidencing ownership of a vehicle or undocumented vessel, or any certificate of any share, right, or interest in the stock of any corporation or association, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release or discharge of any debt, account, suit, action, demand, or any other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or falsifies the acknowledgment of any notary public, or any notary public who issues an acknowledgment knowing it to be false; or any matter described in subdivision (b). (e) Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any forged bill or note, it is not necessary to prove the incorporation of the bank or company by the charter or act of incorporation, but it may be proved by general reputation; and persons of skill are competent witnesses to prove that the bill or note is forged or counterfeited. (Amended by Stats. 2005, Ch. 295, Sec. 5. Effective January 1, 2006.)
  149. 4700.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    For certain trials or hearings, the sheriff and the person in charge of the prison may agree that the county will transport prisoners to and from the state prison.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4700.1. For any trial or hearing referred to in Section 4750, the sheriff of the county where such trial or hearing is had and the person in charge of the prison may agree that the county shall transport prisoners in a state prison to and from such prison. Upon such agreement, the county, and not the Department of Corrections, shall perform the transportation referred to in this section. (Amended by Stats. 1986, Ch. 1310, Sec. 6.)
  150. 4701.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A criminal action for escaping from a state prison may be brought in any county in the state.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4701. The jurisdiction of a criminal action for escaping from any State prison is in any county of the State. (Added by Stats. 1941, Ch. 106.)
  151. 4702.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    If a prisoner held in a sheriff-maintained jail in another county is tried there for offenses connected to that jail or an escape attempt, the trial venue must be the county that established and maintains the jail, and costs are charged to that 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4702. Whenever any prisoner confined in a jail established and maintained by the sheriff in another county, is tried for any offense committed in such jail or for escaping or attempting to escape therefrom, the venue shall be in the county establishing and maintaining such jail and the costs shall be charged against that county. (Added by Stats. 1941, Ch. 106.)
  152. 4703.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    With the Attorney General’s concurrence, a district attorney may transfer prosecution of crimes committed by prisoners in physical custody in the county state prisons.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Trials of Prisoners [4700.1 - 4703] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4703. With the concurrence of the Attorney General, the district attorney may transfer the responsibility for the prosecution of any crime committed by prisoners in physical custody in the state prisons in the district attorney’s county. As used in this section, crimes committed while in physical custody shall include escapes and attempted escapes but shall not include any crimes committed while a prisoner has been conditionally released from state prison on work furlough, parole, or upon any other conditional release where the inmate is in constructive but not actual physical custody. (Amended by Stats. 1982, Ch. 147, Sec. 3. Effective April 5, 1982.)
  153. 470a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person may not alter, forge, duplicate, reproduce, or counterfeit a government-issued driver’s license or identification card when it is intended to help commit forgery.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 470a. Every person who alters, falsifies, forges, duplicates or in any manner reproduces or counterfeits any driver’s license or identification card issued by a governmental agency with the intent that such driver’s license or identification card be used to facilitate the commission of any forgery, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 358. (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.)
  154. 470b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person may not display, cause or permit the display of, or possess certain driver’s licenses or ID cards if they intend they be used to help commit forgery.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 470b. Every person who displays or causes or permits to be displayed or has in his or her possession any driver’s license or identification card of the type enumerated in Section 470a with the intent that the driver’s license or identification card be used to facilitate the commission of any forgery, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 359. (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.)
  155. 471.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person commits forgery if, with intent to defraud another, they make, forge, or alter certain records or instruments.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 471. Every person who, with intent to defraud another, makes, forges, or alters any entry in any book of records, or any instrument purporting to be any record or return specified in Section 470, is guilty of forgery. (Amended by Stats. 2002, Ch. 787, Sec. 11. Effective January 1, 2003.)
  156. 471.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person may not alter or modify someone’s medical record, or create a false medical record, if done with fraudulent intent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 471.5. Any person who alters or modifies the medical record of any person, with fraudulent intent, or who, with fraudulent intent, creates any false medical record, is guilty of a misdemeanor. (Amended by Stats. 1979, Ch. 644.)
  157. 472.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person who, with intent to defraud, forges or counterfeits certain seals, or knowingly possesses and hides a counterfeit seal or impression, is guilty of forgery.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 472. Every person who, with intent to defraud another, forges, or counterfeits the seal of this State, the seal of any public officer authorized by law, the seal of any Court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this State, or of any other State, Government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery. (Enacted 1872.)
  158. 473.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Forgery is punishable by county jail imprisonment for up to one year, with a possible alternative sentence under Section 1170(h) in some cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 473. (a) Forgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding subdivision (a), any person who is guilty of forgery relating to a check, bond, bank bill, note, cashier’s check, traveler’s check, or money order, where the value of the check, bond, bank bill, note, cashier’s check, traveler’s check, or money order does not exceed nine hundred fifty dollars ($950), shall be punishable by imprisonment in a county jail for not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable to any person who is convicted both of forgery and of identity theft, as defined in Section 530.5. (Amended November 4, 2014, by initiative Proposition 47, Sec. 6.)
  159. 474.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person who knowingly sends, delivers, furnishes, or helps furnish false or forged telegraph or telephone messages, with intent to deceive, injure, or defraud, can be punished.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 474. Every person who knowingly and willfully sends by telegraph or telephone to any person a false or forged message, purporting to be from a telegraph or telephone office, or from any other person, or who willfully delivers or causes to be delivered to any person any such message falsely purporting to have been received by telegraph or telephone, or who furnishes, or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or telephone, or to be delivered, any such message, knowing the same to be false or forged, with the intent to deceive, injure, or defraud another, is punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 361. (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.)
  160. 475.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    This section makes it forgery to possess or receive certain forged, altered, counterfeit, blank, unfinished, or completed payment instruments when done with the required fraudulent intent and knowledge.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 475. (a) Every person who possesses or receives, with the intent to pass or facilitate the passage or utterance of any forged, altered, or counterfeit items, or completed items contained in subdivision (d) of Section 470 with intent to defraud, knowing the same to be forged, altered, or counterfeit, is guilty of forgery. (b) Every person who possesses any blank or unfinished check, note, bank bill, money order, or traveler’s check, whether real or fictitious, with the intention of completing the same or the intention of facilitating the completion of the same, in order to defraud any person, is guilty of forgery. (c) Every person who possesses any completed check, money order, traveler’s check, warrant or county order, whether real or fictitious, with the intent to utter or pass or facilitate the utterance or passage of the same, in order to defraud any person, is guilty of forgery. (Repealed and added by Stats. 1998, Ch. 468, Sec. 4. Effective January 1, 1999.)
  161. 4750.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    Cities, counties, and superior courts may be reimbursed for certain reasonable and necessary prison- or prisoner-related costs, but late claims are barred.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4750. A city, county, or superior court shall be entitled to reimbursement for reasonable and necessary costs connected with state prisons or prisoners in connection with any of the following: (a) Any crime committed at a state prison, whether by a prisoner, employee, or other person. With respect to a prisoner, “crime committed at a state prison” as used in this subdivision, includes, but is not limited to, crimes committed by the prisoner while detained in local facilities as a result of a transfer pursuant to Section 2910 or 6253, or in conjunction with any hearing, proceeding, or other activity for which reimbursement is otherwise provided by this section. (b) Any crime committed by a prisoner in furtherance of an escape. Any crime committed by an escaped prisoner within 10 days after the escape and within 100 miles of the facility from which the escape occurred shall be presumed to have been a crime committed in furtherance of an escape. (c) Any hearing on any return of a writ of habeas corpus prosecuted by or on behalf of a prisoner. (d) Any trial or hearing on the question of the sanity of a prisoner. (e) Any costs not otherwise reimbursable under Section 1557 or any other related provision in connection with any extradition proceeding for any prisoner released to hold. (f) Any costs incurred by a coroner in connection with the death of a prisoner. (g) Any costs incurred in transporting a prisoner within the host county or as requested by the prison facility or incurred for increased security while a prisoner is outside a state prison. (h) Any crime committed by a state inmate at a state hospital for the care, treatment, and education of the mentally disordered, as specified in Section 7200 of the Welfare and Institutions Code. (i) Commencing January 1, 2012, any nontreatment costs described in subdivision (b) of Section 4117 of the Welfare and Institutions Code. (j) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred. (Amended by Stats. 2011, Ch. 660, Sec. 1. (AB 1016) Effective January 1, 2012.)
  162. 4751.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    A city or county’s costs are defined to include specified law-enforcement, trial, prosecution, defense, training, detention, and other related costs tied to Section 4750 matters.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4751. Costs incurred by a city or county include all of the following: (a) Costs of law enforcement agencies in connection with any matter set forth in Section 4750, including the investigation or evaluation of any of those matters regardless of whether a crime has in fact occurred, a hearing held, or an offense prosecuted. (b) Costs of participation in any trial or hearing of any matter set forth in Section 4750, including costs for the preparation for the trial, pretrial hearing, actual trial or hearing, expert witness fees, the costs of guarding or keeping the prisoner, the transportation of the prisoner, the costs of appeal, and the execution of the sentence. The cost of detention in a city or county correctional facility shall include the same cost factors as are utilized by the Department of Corrections in determining the cost of prisoner care in state correctional facilities. (c) The costs of the prosecuting attorney in investigating, evaluating, or prosecuting cases related to any matter set forth in Section 4750, whether or not the prosecuting attorney decides to commence legal action. (d) Costs incurred by the public defender or court-appointed attorney with respect to any matter set forth in Section 4750. (e) Any costs incurred for providing training in the investigation or prosecution associated with any matter set forth in Section 4750. (f) Any other costs reasonably incurred by a county in connection with any matter set forth in Section 4750. (Amended by Stats. 2005, Ch. 54, Sec. 1. Effective January 1, 2006.)
  163. 4751.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    This section says what counts as costs incurred by a superior court.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4751.5. Costs incurred by a superior court include all of the following: (a) Costs of any trial or hearing of any matter set forth in Section 4750, including costs for the preparation of the trial, pretrial hearing, and the actual trial or hearing. (b) Any other costs reasonably incurred by a superior court in connection with any matter set forth in Section 4750. (Added by Stats. 2004, Ch. 227, Sec. 85. Effective August 16, 2004.)
  164. 4752.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    This section defines “reasonable and necessary costs” for 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4752. As used in this chapter, reasonable and necessary costs shall be based upon all operating costs, including the cost of elected officials, except superior court judges, while serving in line functions and including all administrative costs associated with providing the necessary services and securing reimbursement therefor. Administrative costs include a proportional allowance for overhead determined in accordance with current accounting practices. (Amended by Stats. 2004, Ch. 227, Sec. 86. Effective August 16, 2004.)
  165. 4753.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    Cities and counties must designate an officer or agency to prepare reimbursable cost statements, send them to the Controller, and follow a reimbursement process with a 60-day response rule.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4753. A city or county shall designate an officer or agency to prepare a statement of costs that shall be reimbursed under this chapter. The statement shall be sent to the Controller for approval. The statement may not include any costs that are incurred by a superior court, as described in Section 4751.5. The Controller shall reimburse the city or county within 60 days after receipt of the statement or provide a written statement as to the reason for not making reimbursement at that time. If sufficient funds are not available, the Controller shall request the Director of Finance to include any amounts necessary to satisfy the claims in a request for a deficiency appropriation. (Amended by Stats. 2004, Ch. 227, Sec. 87. Effective August 16, 2004.)
  166. 4753.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    A superior court must prepare a reimbursable cost statement, the state may not include city or county costs, and the statement must be sent to the Administrative Office of the Courts for approval and reimbursement.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4753.5. A superior court shall prepare a statement of costs that shall be reimbursed under this chapter. The state may not include any costs that are incurred by a city or county, as described in Section 4751. The statement shall be sent to the Administrative Office of the Courts for approval and reimbursement. (Added by Stats. 2004, Ch. 227, Sec. 88. Effective August 16, 2004.)
  167. 4754.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    This chapter defines “prisoner” as a person committed to a state prison, including people transferred elsewhere, escaped, or otherwise absent; people on parole are excluded.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4754. As used in this chapter, “prisoner” means any person committed to a state prison, including a person who has been transferred to any other facility, has escaped, or is otherwise absent, but does not include a person while on parole. (Added by Stats. 1986, Ch. 1310, Sec. 8.)
  168. 4755.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    The Department of Corrections may release or keep an inmate for a short period when a detainer has been lodged against the 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 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4755. Whenever a person has entered upon a term of imprisonment in a penal or correctional institution, and whenever during the continuance of the term of imprisonment there is a detainer lodged against the prisoner by a law enforcement or prosecutorial agency of the state or its subdivisions, the Department of Corrections may do either of the following: (a) Release the inmate to the agency lodging the detainer, within five days, or five court days if the law enforcement agency lodging the detainer is more than 400 miles from the county in which the institution is located, prior to the scheduled release date provided the inmate is kept in custody until the scheduled release date. (b) Retain the inmate in custody up to five days, or five court days if the law enforcement agency lodging the detainer is more than 400 miles from the county in which the institution is located, after the scheduled release date to facilitate pickup by the agency lodging the detainer. If a person has been retained in custody under this subdivision in response to the issuance of a warrant of arrest charging a particular offense and the defendant is released from custody following the retention period without pickup by the agency lodging the detainer, a subsequent court order shall be issued before the arrest of that person for the same offense which was charged in the prior warrant. As used in this section “detainer” means a warrant of arrest. (Amended by Stats. 1987, Ch. 1303, Sec. 7. Effective September 28, 1987.)
  169. 4758.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. )

    Verify source ↗

    A county can be reimbursed for certain reasonable, necessary costs tied to an inmate at a state hospital, but late claims are barred and the state will not reimburse them.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 5. OFFENSES RELATING TO PRISONS AND PRISONERS [4500 - 4758] ( Title 5 added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Local Expenses [4750 - 4758] ( Chapter 6 added by Stats. 1986, Ch. 1310, Sec. 8. ) ## 4758. (a) A county shall be entitled to reimbursement for reasonable and necessary costs incurred by the county with respect to an inmate housed and treated at a state hospital in that county pursuant to Section 2684, including, but not limited to, any trial costs related to a crime committed at the hospital by an inmate housed at the hospital. (b) Where an inmate referred for treatment to a state hospital pursuant to Section 2684 commits a crime during transportation from prison to the hospital, or commits a crime during transportation from the hospital to the prison, a county that prosecutes the defendant shall be entitled to reimbursement for the costs of prosecution. (c) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred. (Amended by Stats. 2007, Ch. 175, Sec. 11. Effective August 24, 2007.)
  170. 476.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person commits forgery if they make, pass, utter, publish, attempt to pass, or possess certain fictitious or altered bills, notes, or checks with intent to defraud.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 476. Every person who makes, passes, utters, or publishes, with intent to defraud any other person, or who, with the like intent, attempts to pass, utter, or publish, or who has in his or her possession, with like intent to utter, pass, or publish, any fictitious or altered bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of any real or fictitious financial institution as defined in Section 186.9 is guilty of forgery. (Repealed and added by Stats. 1998, Ch. 468, Sec. 7. Effective January 1, 1999.)
  171. 476a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    It is a crime to willfully, with intent to defraud, issue or pass a check, draft, or order while knowing there are not enough funds or credit to cover it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 476a. (a) Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a bank or depositary, a person, a firm, or a corporation, for the payment of money, knowing at the time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with the bank or depositary, person, firm, or corporation, for the payment of that check, draft, or order and all other checks, drafts, or orders upon funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170. (b) However, if the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or uttering does not exceed nine hundred fifty dollars ($950), the offense is punishable only by imprisonment in the county jail for not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable if the defendant has previously been convicted of three or more violations of Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendant’s offense was a violation also of Section 470, 475, or 476 or of this section or if the defendant has previously been convicted of any offense under the laws of any other state or of the United States which, if committed in this state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or if he has been so convicted of the crime of petty theft in a case in which, if defendant’s offense had been committed in this state, it would have been a violation also of Section 470, 475, or 476, or of this section. (c) Where the check, draft, or order is protested on the ground of insufficiency of funds or credit, the notice of protest shall be admissible as proof of presentation, nonpayment, and protest and shall be presumptive evidence of knowledge of insufficiency of funds or credit with the bank or depositary, person, firm, or corporation. (d) In any prosecution under this section involving two or more checks, drafts, or orders, it shall constitute prima facie evidence of the identity of the drawer of a check, draft, or order if both of the following occur: (1) When the payee accepts the check, draft, or order from the drawer, he or she obtains from the drawer the following information: name and residence of the drawer, business or mailing address, either a valid driver’s license number or Department of Motor Vehicles identification card number, and the drawer’s home or work phone number or place of employment. That information may be recorded on the check, draft, or order itself or may be retained on file by the payee and referred to on the check, draft, or order by identifying number or other similar means. (2) The person receiving the check, draft, or order witnesses the drawer’s signature or endorsement, and, as evidence of that, initials the check, draft, or order at the time of receipt. (e) The word “credit” as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, person, firm, or corporation for the payment of a check, draft, or order. (f) If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder of this section shall not thereby be invalidated, but shall remain in full force and effect. (g) A sheriff’s department, police department, or other law enforcement agency may collect a fee from the defendant for investigation, collection, and processing of checks referred to their agency for investigation of alleged violations of this section or Section 476. (h) The amount of the fee shall not exceed twenty-five dollars ($25) for each bad check, in addition to the amount of any bank charges incurred by the victim as a result of the alleged offense. If the sheriff’s department, police department, or other law enforcement agency collects a fee for bank charges incurred by the victim pursuant to this section, that fee shall be paid to the victim for any bank fees the victim may have been assessed. In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten dollars ($10) per check. (Amended November 4, 2014, by initiative Proposition 47, Sec. 7.)
  172. 477.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person must not counterfeit certain gold or silver money or bullion, or knowingly sell, pass, give it in payment, or arrange for it to be sold or passed, with intent to defraud.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 477. Every person who counterfeits any of the species of gold or silver coin current in this State, or any kind or species of gold dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting. (Enacted 1872.)
  173. 478.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Counterfeiting is punishable by imprisonment for two, three, or four years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 478. Counterfeiting is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (Amended by Stats. 2011, Ch. 15, Sec. 362. (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.)
  174. 479.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person who knowingly possesses, receives, or helps sell counterfeit gold or silver coin or bullion, with intent to pass it off or defraud someone, commits an offense punishable by prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 479. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold dust, gold or silver bullion or bars, lumps, pieces or nuggets, with the intention to sell, utter, put off or pass the same, or permits, causes or procures the same to be sold, uttered or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (Amended by Stats. 2011, Ch. 15, Sec. 363. (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.)
  175. 480.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    It is a crime to make or knowingly possess tools or materials used to counterfeit certain money or precious metals, and the listed items must be destroyed; if the item is a computer system or network, it must be disposed of under Section 502.01.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 480. (a) Every person who makes, or knowingly has in his or her possession any die, plate, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting coin current in this state, or in counterfeiting gold dust, gold or silver bars, bullion, lumps, pieces, or nuggets, or in counterfeiting bank notes or bills, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years; and all dies, plates, apparatus, papers, metals, or machines intended for the purpose aforesaid, must be destroyed. (b) (1) If the counterfeiting apparatus or machine used to violate this section is a computer, computer system, or computer network, the apparatus or machine shall be disposed of pursuant to Section 502.01. (2) For the purposes of this section, “computer system” and “computer network” have the same meaning as that specified in Section 502. The terms “computer, computer system, or computer network” include any software or data residing on the computer, computer system, or computer network used in a violation of this section. (Amended by Stats. 2011, Ch. 15, Sec. 364. (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.)
  176. 4800.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Governor has authority to grant reprieves, pardons, and commutations of sentence.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4800. The general authority to grant reprieves, pardons and commutations of sentence is conferred upon the Governor by Section 8 of Article V of the Constitution of the State of California. (Amended by Stats. 1969, Ch. 43.)
  177. 4801.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Board of Parole Hearings may recommend commutation or pardon candidates to the Governor, and the board must give special weight to certain evidence in parole reviews and record and report its reasons and findings.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4801. (a) The Board of Parole Hearings may report to the Governor, from time to time, the names of any and all persons imprisoned in any state prison who, in its judgment, ought to have a commutation of sentence or be pardoned and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, including evidence of intimate partner battering and its effects. For purposes of this section, “intimate partner battering and its effects” may include evidence of the nature and effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence if it appears the criminal behavior was the result of that victimization. (b) (1) The board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to any information or evidence that, at the time of the commission of the crime, the prisoner had experienced intimate partner battering, but was convicted of an offense that occurred prior to August 29, 1996. The board shall state on the record the information or evidence that it considered pursuant to this subdivision, and the reasons for the parole decision. The board shall annually report to the Legislature and the Governor on the cases the board considered pursuant to this subdivision during the previous year, including the board’s decisions and the specific and detailed findings of its investigations of these cases. (2) The report for the Legislature to be submitted pursuant to paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code. (3) The fact that a prisoner has presented evidence of intimate partner battering cannot be used to support a finding that the prisoner lacks insight into his or her crime and its causes. (c) When a prisoner committed his or her controlling offense, as defined in subdivision (a) of Section 3051, when he or she was 25 years of age or younger, the board, in reviewing a prisoner’s suitability for parole pursuant to Section 3041.5, shall give great weight to the diminished culpability of youth as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner in accordance with relevant case law. (Amended by Stats. 2017, Ch. 684, Sec. 2.5. (SB 394) Effective January 1, 2018.)
  178. 4802.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A person twice convicted of felony must apply for pardon or commutation directly to the Governor, and the Governor must send related papers to the Board of Parole Hearings.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4802. In the case of a person twice convicted of felony, the application for pardon or commutation of sentence shall be made directly to the Governor, who shall transmit all papers and documents relied upon in support of and in opposition to the application to the Board of Parole Hearings. (Amended by Stats. 2011, Ch. 437, Sec. 2. (AB 648) Effective January 1, 2012.)
  179. 4802.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Governor must post pardon and commutation applications on the Governor’s Office website and promptly send direct pardon applications to the Board of Parole Hearings. Applications supported by a certificate of rehabilitation may be granted without Board investigation and recommendation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4802.5. The Governor shall make the application for a pardon and the application for a commutation available on the Governor’s Office Internet Web site and all applications for a direct pardon received by the Governor shall be promptly forwarded to the Board of Parole Hearings for an investigation and recommendation to the Governor. Applications supported by a certificate of rehabilitation may be granted by the Governor without investigation and recommendation by the Board of Parole Hearings in accordance with Section 4852.16. (Added by Stats. 2018, Ch. 824, Sec. 3. (AB 2845) Effective January 1, 2019.)
  180. 4803.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    When a pardon or commutation application is made, the Governor or the Board of Parole Hearings may require the trial judge or prosecuting district attorney to promptly provide a summary of the trial facts and other relevant facts, plus a recommendation and reasons.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4803. When an application is made to the Governor for pardon or commutation of sentence, or when an application has been referred to the Board of Parole Hearings, the Governor or the board may require the judge of the court before which the conviction was had, or the district attorney by whom the action was prosecuted, to furnish the Governor or the board, without delay, with a summarized statement of the facts proved on the trial, and of any other facts having reference to the propriety of granting or refusing said application, together with his or her recommendation for or against the granting of the same and his or her reason for such recommendation. (Amended by Stats. 2011, Ch. 437, Sec. 3. (AB 648) Effective January 1, 2012.)
  181. 4804.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Before the Governor acts on a pardon application, the applicant must serve written notice of intent on the county district attorney at least 10 days in advance and present proof of service by affidavit to the Governor.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4804. At least 10 days before the Governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, must be served upon the district attorney of the county where the conviction was had, and proof, by affidavit, of the service must be presented to the Governor. (Added by Stats. 1941, Ch. 106.)
  182. 4805.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Before a commutation application is acted on, the applicant must give written notice to the district attorney at least 10 days in advance and provide proof of service to the Governor.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4805. (a) At least 10 days before the Governor acts upon an application for a commutation of sentence, written notice of the intention to apply therefor, signed by the person applying, shall be served upon the district attorney of the county where the conviction was had, and proof, by affidavit, of the service shall be presented to the Governor. (b) The district attorney may submit a written recommendation to the Governor for or against commutation of sentence. (c) The district attorney shall make reasonable efforts to notify the victim or victims of the crime or crimes related to the application and the victims’ families who may also submit a recommendation to the Governor for or against commutation of sentence. (Added by Stats. 2011, Ch. 437, Sec. 4. (AB 648) Effective January 1, 2012.)
  183. 4806.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Sections 4804 and 4805 do not apply in two cases: when there is imminent danger of death for the convicted or imprisoned person, or when the applicant’s prison term ends within 10 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 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4806. The provisions of Sections 4804 and 4805 are not applicable: (a) When there is imminent danger of the death of the person convicted or imprisoned. (b) When the term of imprisonment of the applicant is within 10 days of its expiration. (Amended by Stats. 2011, Ch. 437, Sec. 5. (AB 648) Effective January 1, 2012.)
  184. 4807.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Governor must file a written report with the Legislature at the beginning of each regular legislative session, and the report must be public.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4807. (a) At the beginning of every regular session of the Legislature, the Governor shall file a written report with the Legislature that shall include each application that was granted for each case of reprieve, pardon, or commutation by the Governor, or his or her predecessor in office, during the immediately preceding regular session of the Legislature, stating the name of the person convicted, the crime of which the person was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reason for granting the same. The report shall be submitted in compliance with Section 9795 of the Government Code. (b) Notwithstanding any other law, the written report filed with the Legislature pursuant to subdivision (a) shall be available to the public. (Amended by Stats. 2012, Ch. 162, Sec. 133. (SB 1171) Effective January 1, 2013.)
  185. 4807.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    An application for pardon or commutation must include a full statement of any compensation paid to anyone helping obtain it, or the pardon or commutation may be denied.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4807.2. Every application for pardon or commutation of sentence shall be accompanied by a full statement of any compensation being paid to any person for procuring or assisting in procuring the pardon or commutation or the pardon or commutation shall be denied. (Added by Stats. 1943, Ch. 943.)
  186. 4807.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    People who take money or gifts for helping obtain a pardon or commutation must file a full statement with the Governor within 10 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 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4807.3. Every person who receives or agrees to receive any compensation or who receives any gift for procuring or assisting in procuring a pardon or commutation of sentence for any applicant must file with the Governor a full statement of the amount and character of such compensation or gift within 10 days of the receipt thereof. Any failure to file a full statement as required by this section is a misdemeanor. (Added by Stats. 1943, Ch. 943.)
  187. 481.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    It is an offense to counterfeit, forge, alter, or circulate certain railroad or steamship tickets and similar items with intent to defraud, and the violator may be punished by jail, prison, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 481. Every person who counterfeits, forges, or alters any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars or vessels of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad or steamship company, or any lessee thereof, or any other person, is punishable by imprisonment in a county jail, not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by fine not exceeding one thousand dollars, or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 365. (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.)
  188. 481.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    People are prohibited from counterfeiting, forging, altering, possessing, or circulating certain fare media, and violations can lead to jail time and, in one case, a fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 481.1. (a) Every person who counterfeits, forges, or alters any fare media designed to entitle the holder to a ride on vehicles of a public transportation system, as defined by Section 99211 of the Public Utilities Code, or on vehicles operated by entities subsidized by the Department of Transportation is punishable by imprisonment in a county jail, not exceeding one year, or in the state prison. (b) Every person who knowingly possesses any counterfeit, forged, or altered fare media designed to entitle the holder to a ride on vehicles of a public transportation system, as defined by Section 99211 of the Public Utilities Code, or on vehicles operated by entities subsidized by the Department of Transportation, or who utters, publishes, or puts into circulation any fare media with intent to defraud is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (Amended by Stats. 2001, Ch. 854, Sec. 29. Effective January 1, 2002.)
  189. 4810.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Board of Parole Hearings takes over the Advisory Pardon Board’s powers and duties, and the Advisory Pardon Board is abolished.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4810. (a) The Board of Parole Hearings shall succeed to and shall exercise and perform all powers and duties granted to and imposed upon the Advisory Pardon Board by law. (b) The Advisory Pardon Board is abolished. (c) The report required of the Board of Parole Hearings by Section 4814 may be included in the report of the department. (Amended by Stats. 2011, Ch. 437, Sec. 7. (AB 648) Effective January 1, 2012.)
  190. 4812.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The Board of Parole Hearings must investigate and report on clemency applications when the Governor asks, and it may make recommendations and use expedited review in urgent cases.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4812. (a) Upon request of the Governor, the Board of Parole Hearings shall investigate and report on all applications for reprieves, pardons, and commutations of sentence and shall make such recommendations to the Governor with reference thereto as it may seem advisable. To that end, the board shall examine and consider all applications so referred and all transcripts of judicial proceedings and all affidavits or other documents submitted in connection therewith, and shall have power to employ assistants and take testimony and to examine witnesses under oath and to do any and all things necessary to make a full and complete investigation of and concerning all applications referred to it. Members of the board and its administrative officer are, and each of them is, hereby authorized to administer oaths. (b) The board may make recommendations to the Governor at any time regarding applications for pardon or commutation, and the Governor may request investigation into candidates for pardon or commutation at any time. (c) If a petitioner indicates in the application an urgent need for the pardon or commutation, including, but not limited to, a pending deportation order or deportation proceeding, then the board shall consider expedited review of the application. (d) The board shall provide electronic or written notification to an applicant after the board receives the application, and when the board has issued a recommendation on the application. Nothing in this section requires the board to notify the applicant as to the reasons for the board’s recommendation, which shall remain confidential. (e) An applicant is eligible for a pardon, commutation, or certificate of rehabilitation without regard to his or her immigration status. (Amended by Stats. 2018, Ch. 824, Sec. 4. (AB 2845) Effective January 1, 2019.)
  191. 4813.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    For applications by people twice convicted of a felony, the Board of Parole Hearings must investigate and send a written recommendation and the related papers to the Governor.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 1. Powers and Duties of Governor [4800 - 4813] ( Chapter 1 added by Stats. 1941, Ch. 106. ) ## 4813. In the case of applications of persons twice convicted of a felony, the Board of Parole Hearings, after investigation, shall transmit its written recommendation upon such application to the Governor, together with all papers filed in connection with the application. (Amended by Stats. 2011, Ch. 437, Sec. 9. (AB 648) Effective January 1, 2012.)
  192. 482.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    A person may not remove or alter cancellation marks on certain railroad or steamship tickets and similar documents, or sell, use, or circulate them with fraudulent intent after restoration.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 482. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch-holes, or other evidence of cancellation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad or steamship company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad or vessel of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such imprisonment and fine. (Amended by Stats. 1905, Ch. 515.)
  193. 483.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    Selling certain transit passage instruments to someone who is not entitled to use them is a misdemeanor, unless other cited provisions provide otherwise.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 483. Except as otherwise provided in Section 26002.5 of the Government Code and Sections 40180.5 and 99151 of the Public Utilities Code, any person, firm, corporation, partnership, or association that shall sell to another any ticket, pass, scrip, mileage or commutation book, coupon, or other instrument for passage on a common carrier, for the use of any person not entitled to use the same according to the terms thereof, or of the book or portion thereof from which it was detached, shall be guilty of a misdemeanor. (Amended by Stats. 1979, Ch. 161.)
  194. 483.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. )

    Verify source ↗

    This section bars making, selling, transporting, or importing deceptive identification documents unless they are clearly marked “NOT A GOVERNMENT DOCUMENT” and the manufacturer’s name; it also bars possessing a document-making device with intent to use it for making, altering, or authenticating such documents.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 4. Forgery and Counterfeiting [470 - 483.5] ( Chapter 4 enacted 1872. ) ## 483.5. (a) No deceptive identification document shall be manufactured, sold, offered for sale, furnished, offered to be furnished, transported, offered to be transported, or imported or offered to be imported into this state unless there is diagonally across the face of the document, in not less than 14-point type and printed conspicuously on the document in permanent ink, the following statement: ## NOT A GOVERNMENT DOCUMENT and, also printed conspicuously on the document, the name of the manufacturer. (b) No document-making device may be possessed with the intent that the device will be used to manufacture, alter, or authenticate a deceptive identification document. (c) As used in this section, “deceptive identification document” means any document not issued by a governmental agency of this state, another state, the federal government, a foreign government, a political subdivision of a foreign government, an international government, or an international quasi-governmental organization, which purports to be, or which might deceive an ordinary reasonable person into believing that it is, a document issued by such an agency, including, but not limited to, a driver’s license, identification card, birth certificate, passport, or social security card. (d) As used in this section, “document-making device” includes, but is not limited to, an implement, tool, equipment, impression, laminate, card, template, computer file, computer disk, electronic device, hologram, laminate machine or computer hardware or software. (e) Any person who violates or proposes to violate this section may be enjoined by any court of competent jurisdiction. Actions for injunction under this section may be prosecuted by the Attorney General, any district attorney, or any city attorney prosecuting on behalf of the people of the State of California under Section 41803.5 of the Government Code in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any person. (f) Any person who violates the provisions of subdivision (a) who knows or reasonably should know that the deceptive identification document will be used for fraudulent purposes is guilty of a crime, and upon conviction therefor, shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170. Any person who violates the provisions of subdivision (b) is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and a fine. Any document-making device may be seized by law enforcement and shall be forfeited to law enforcement or destroyed by order of the court upon a finding that the device was intended to be used to manufacture, alter, or authenticate a deceptive identification document. The court may make such a finding in the absence of a defendant for whom a bench warrant has been issued by the court. (Amended by Stats. 2011, Ch. 15, Sec. 366. (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.)
  195. 484.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    This section makes theft a crime and also sets rebuttable presumptions for certain rental-property nonreturns.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud. (b) (1) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented. (2) Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented. (c) Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address for the purpose of obtaining the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required. (d) The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence. (e) Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand the presumption created by subdivision (b) shall not apply. (Amended by Stats. 2000, Ch. 176, Sec. 1. Effective January 1, 2001.)
  196. 484.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Knowingly giving false information or false verification to get money or other value from a pawnbroker or secondhand dealer is theft. After conviction, the court may order restitution, and the probation officer must notify the pawnbroker, secondhand dealer, or coin dealer of the sentencing hearing time and place if assigned.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484.1. (a) Any person who knowingly gives false information or provides false verification as to the person’s true identity or as to the person’s ownership interest in property or the person’s authority to sell property in order to receive money or other valuable consideration from a pawnbroker or secondhand dealer and who receives money or other valuable consideration from the pawnbroker or secondhand dealer is guilty of theft. (b) Upon conviction of the offense described in subdivision (a), the court may require, in addition to any sentence or fine imposed, that the defendant make restitution to the pawnbroker or secondhand dealer in an amount not exceeding the actual losses sustained pursuant to the provisions of subdivision (c) of Section 13967 of the Government Code, as operative on or before September 28, 1994, if the defendant is denied probation, or Section 1203.04, as operative on or before August 2, 1995, if the defendant is granted probation or Section 1202.4. (c) Upon the setting of a court hearing date for sentencing of any person convicted under this section, the probation officer, if one is assigned, shall notify the pawnbroker or secondhand dealer or coin dealer of the time and place of the hearing. (Amended by Stats. 1996, Ch. 1077, Sec. 18.5. Effective January 1, 1997.)
  197. 484b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person who receives money for services, labor, materials, or equipment and wrongfully diverts it from that purpose can be guilty of a public offense.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484b. Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully fails to apply such money for such purpose by either willfully failing to complete the improvements for which funds were provided or willfully failing to pay for services, labor, materials or equipment provided incident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received, shall be guilty of a public offense and shall be punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and that imprisonment if the amount diverted is in excess of two thousand three hundred fifty dollars ($2,350). If the amount diverted is less than or equal to two thousand three hundred fifty dollars ($2,350), the person shall be guilty of a misdemeanor. (Amended by Stats. 2011, Ch. 15, Sec. 367. (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.)
  198. 484c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person who submits a false voucher to get construction loan funds and then uses the funds for another purpose is guilty of embezzlement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484c. Any person who submits a false voucher to obtain construction loan funds and does not use the funds for the purpose for which the claim was submitted is guilty of embezzlement. (Added by Stats. 1965, Ch. 1145.)
  199. 484d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    This section defines terms used in the access-card provisions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484d. As used in this section and Sections 484e to 484j, inclusive: (1) “Cardholder” means any person to whom an access card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of an access card to another person. (2) “Access card” means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access card, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by a paper instrument. (3) “Expired access card” means an access card which shows on its face it has elapsed. (4) “Card issuer” means any person who issues an access card or the agent of that person with respect to that card. (5) “Retailer” means every person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of an access card by a cardholder. (6) An access card is “incomplete” if part of the matter other than the signature of the cardholder which an issuer requires to appear on the access card before it can be used by a cardholder has not been stamped, embossed, imprinted, or written on it. (7) “Revoked access card” means an access card which is no longer authorized for use by the issuer, that authorization having been suspended or terminated and written notice thereof having been given to the cardholder. (8) “Counterfeit access card” means any access card that is counterfeit, fictitious, altered, or forged, or any false representation or depiction of an access card or a component thereof. (9) “Traffic” means to transfer or otherwise dispose of property to another, or to obtain control of property with intent to transfer or dispose of it to another. (10) “Card making equipment” means any equipment, machine, plate, mechanism, impression, or other device designed, used, or intended to be used to produce an access card. (Amended by Stats. 1986, Ch. 1436, Sec. 1.)
  200. 484e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    This section makes certain unauthorized dealings with access cards or access card account information theft offenses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484e. (a) Every person who, with intent to defraud, sells, transfers, or conveys, an access card, without the cardholder’s or issuer’s consent, is guilty of grand theft. (b) Every person, other than the issuer, who within any consecutive 12-month period, acquires access cards issued in the names of four or more persons which he or she has reason to know were taken or retained under circumstances which constitute a violation of subdivision (a), (c), or (d) is guilty of grand theft. (c) Every person who, with the intent to defraud, acquires or retains possession of an access card without the cardholder’s or issuer’s consent, with intent to use, sell, or transfer it to a person other than the cardholder or issuer is guilty of petty theft. (d) Every person who acquires or retains possession of access card account information with respect to an access card validly issued to another person, without the cardholder’s or issuer’s consent, with the intent to use it fraudulently, is guilty of grand theft. (Repealed and added by Stats. 1998, Ch. 468, Sec. 9. Effective January 1, 1999.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.