Penal Code — Part 22 | PEN — United States — California law | Esheria

Penal Code

Part 22 of 29 · provisions 4,201–4,400

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

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

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Provisions of Penal Code

Showing 200 of 5,647

  1. 484f

    ## 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. )

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    Forgery includes making or using a counterfeit access card, or signing another or a fictitious name on access-card-related payment documents, when done 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484f. (a) Every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card is guilty of forgery. (b) A person other than the cardholder or a person authorized by him or her who, with the intent to defraud, signs the name of another or of a fictitious person to an access card, sales slip, sales draft, or instrument for the payment of money which evidences an access card transaction, is guilty of forgery. (Repealed and added by Stats. 1998, Ch. 468, Sec. 11. Effective January 1, 1999.)
  2. 484g

    ## 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. )

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    A person commits theft if, with intent to defraud, they use certain altered or invalid access card information to get value, or obtain value by falsely claiming to be the cardholder; over $950 in any consecutive six-month period is grand theft.

    ## 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. ) ## 484g. Every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access card or access card account information that has been altered, obtained, or retained in violation of Section 484e or 484f, or an access card which he or she knows is forged, expired, or revoked, or (b) obtains money, goods, services, or anything else of value by representing without the consent of the cardholder that he or she is the holder of an access card and the card has not in fact been issued, is guilty of theft. If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 15. (SB 18 3x) Effective January 25, 2010.)
  3. 484h

    ## 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. )

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    A retailer or other person who, with intent to defraud, uses certain access-card transactions to obtain payment improperly is guilty of theft.

    ## 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. ) ## 484h. Every retailer or other person who, with intent to defraud: (a) Furnishes money, goods, services or anything else of value upon presentation of an access card obtained or retained in violation of Section 484e or an access card which he or she knows is a counterfeit access card or is forged, expired, or revoked, and who receives any payment therefor, is guilty of theft. If the payment received by the retailer or other person for all money, goods, services, and other things of value furnished in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft. (b) Presents for payment a sales slip or other evidence of an access card transaction, and receives payment therefor, without furnishing in the transaction money, goods, services, or anything else of value that is equal in value to the amount of the sales slip or other evidence of an access card transaction, is guilty of theft. If the difference between the value of all money, goods, services, and anything else of value actually furnished and the payment or payments received by the retailer or other person therefor upon presentation of a sales slip or other evidence of an access card transaction exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 16. (SB 18 3x) Effective January 25, 2010.)
  4. 484i

    ## 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. )

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    This section makes it a crime to possess an incomplete access card with intent to complete it without the issuer’s consent, to alter access card account information with intent to defraud in a way that shifts charges to someone other than the cardholder, or to deal in card-making equipment or incomplete access cards intended for counterfeit access cards.

    ## 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. ) ## 484i. (a) Every person who possesses an incomplete access card, with intent to complete it without the consent of the issuer, is guilty of a misdemeanor. (b) Every person who, with the intent to defraud, makes, alters, varies, changes, or modifies access card account information on any part of an access card, including information encoded in a magnetic stripe or other medium on the access card not directly readable by the human eye, or who authorizes or consents to alteration, variance, change, or modification of access card account information by another, in a manner that causes transactions initiated by that access card to be charged or billed to a person other than the cardholder to whom the access card was issued, is guilty of forgery. (c) Every person who designs, makes, possesses, or traffics in card making equipment or incomplete access cards with the intent that the equipment or cards be used to make counterfeit access cards, 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. 368. (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.)
  5. 484j

    ## 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. )

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    A person may not publish certain card, password, PIN, or account numbers when the person intends they be used to avoid a lawful charge or to defraud someone; violating this 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 484j. Any person who publishes the number or code of an existing, canceled, revoked, expired or nonexistent access card, personal identification number, computer password, access code, debit card number, bank account number, or the numbering or coding which is employed in the issuance of access cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful charge, or with intent to defraud or aid another in defrauding, is guilty of a misdemeanor. As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person or by telephone, radio or television, or on a computer network or computer bulletin board, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper or magazine article, or book. (Amended by Stats. 1986, Ch. 1437, Sec. 2.)
  6. 485.

    ## 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. )

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    A person who finds lost property and can identify or investigate the true owner must make reasonable efforts to return it before using it or giving it to someone else.

    ## 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. ) ## 485. One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft. (Amended by Stats. 1927, Ch. 619.)
  7. 4850.

    ## 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 3. Duties of Supreme Court [4850 - 4852] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    If the Board of Parole Hearings has not given a favorable recommendation, the application must not be forwarded to the Supreme Court clerk/executive officer unless the Governor specially refers it to the justices.

    ## 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 3. Duties of Supreme Court [4850 - 4852] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4850. An application that has not received a recommendation from the Board of Parole Hearings favorable to the applicant shall not be forwarded to the Clerk/Executive Officer of the Supreme Court, unless the Governor, notwithstanding the fact that the board has failed to make a recommendation favorable to the applicant, especially refers an application to the justices for their recommendation. (Amended by Stats. 2017, Ch. 36, Sec. 18. (AB 452) Effective January 1, 2018.)
  8. 4851.

    ## 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 3. Duties of Supreme Court [4850 - 4852] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    If the Board of Parole Hearings recommends favorably, or if the Governor refers the case despite an adverse recommendation, the application and supporting/opposing papers must be sent to the Clerk/Executive Officer of the Supreme Court for the justices to consider.

    ## 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 3. Duties of Supreme Court [4850 - 4852] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4851. In all cases where the Board of Parole Hearings has made a recommendation favorable to the applicant and in those cases referred by the Governor, notwithstanding an adverse recommendation, the application, together with all papers and documents relied upon in support of and in opposition to the application, including prison records and recommendation of the Board of Prison Terms, shall be forwarded to the Clerk/Executive Officer of the Supreme Court for consideration of the justices. (Amended by Stats. 2017, Ch. 36, Sec. 19. (AB 452) Effective January 1, 2018.)
  9. 4852.

    ## 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 3. Duties of Supreme Court [4850 - 4852] ( Chapter 3 added by Stats. 1941, Ch. 106. )

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    If a majority of the justices recommend clemency, the Supreme Court’s Clerk/Executive Officer must send the application and filed papers to the Governor; otherwise, the papers stay in the court files.

    ## 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 3. Duties of Supreme Court [4850 - 4852] ( Chapter 3 added by Stats. 1941, Ch. 106. ) ## 4852. If a majority of the justices recommend that clemency be granted, the Clerk/Executive Officer of the Supreme Court shall transmit the application, together with all papers and documents filed in the case, to the Governor; otherwise the documents shall remain in the files of the court. (Amended by Stats. 2017, Ch. 36, Sec. 20. (AB 452) Effective January 1, 2018.)
  10. 4852.01.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    Some convicted people may petition for a certificate of rehabilitation and pardon, but specific sex-offense and other listed offenders face extra limits or exclusions. The Governor also has a pardon right for certain listed offenses if extraordinary circumstances exist.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.01. (a) Except as specified in subdivision (b), a person convicted of a felony may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter. (b) A person convicted of a misdemeanor violation of any sex offense specified in Section 290, or a felony violation of any sex offense specified in Section 290 who is granted probation, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years’ residence in this state prior to the filing of the petition. (c) This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, or persons in military service. (d) Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, if there are extraordinary circumstances. (Amended by Stats. 2022, Ch. 766, Sec. 1. (AB 1924) Effective January 1, 2023.)
  11. 4852.03.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    This section sets when the rehabilitation period starts, how long it lasts, when a petitioner cannot file for a certificate of rehabilitation, and when the section becomes operative.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.03. (a) The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years’ residence in this state, plus a period of time determined by the following rules: (1) An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence. (2) (A) An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Sections 290 to 290.024, inclusive. (B) A certificate of rehabilitation issued on or after July 1, 2021, does not relieve a person of the obligation to register as a sex offender unless the person obtains relief granted under Section 290.5. (3) An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or (2) and that does not carry a life sentence. (4) The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes. (b) Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void. (c) A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section. (d) This section shall become operative on July 1, 2021. (Repealed (in Sec. 13) and added by Stats. 2017, Ch. 541, Sec. 14. (SB 384) Effective January 1, 2018. Section operative July 1, 2021, by its own provisions.)
  12. 4852.04.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    People who may start these proceedings are entitled to counsel and assistance from rehabilitative agencies.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.04. Each person who may initiate the proceedings provided for in this chapter shall be entitled to receive counsel and assistance from all rehabilitative agencies, including the adult probation officer of the county and all state parole officers, and, in the case of persons under 30 years of age, from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (Amended by Stats. 2015, Ch. 378, Sec. 8. (AB 1156) Effective January 1, 2016.)
  13. 4852.05.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    The person must live honestly and uprightly, act with sobriety and industry, maintain good moral character, and obey the laws of the land.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.05. The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land. (Amended by Stats. 1996, Ch. 981, Sec. 4. Effective January 1, 1997.)
  14. 4852.06.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    A qualified person may file a petition for rehabilitation and a certificate of rehabilitation in superior court, but only after the minimum rehabilitation period and required residence conditions are met.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.06. After the expiration of the minimum period of rehabilitation a person who has complied with the requirements of Section 4852.05 may file in the superior court of the county in which he or she then resides or in which he or she was convicted of a felony or of a crime the accusatory pleading of which was dismissed pursuant to Section 1203.4, a petition for ascertainment and declaration of the fact of his or her rehabilitation and of matters incident thereto, and for a certificate of rehabilitation under this chapter. A petition shall not be filed until and unless the petitioner has continuously resided in this state, after leaving prison or jail, for a period of not less than five years immediately preceding the date of filing the petition. (Amended by Stats. 2018, Ch. 824, Sec. 5. (AB 2845) Effective January 1, 2019.)
  15. 4852.07.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    The petitioner must give notice of the filing and hearing time at least 30 days before the hearing date to specified district attorneys.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.07. The petitioner shall give notice of the filing and the time of the hearing of the petition at least 30 days before the date set for the hearing to the district attorney of the county in which the petition is filed and to the district attorney of each county in which the petitioner was convicted of a felony or of a crime the accusatory pleading of which was dismissed pursuant to Section 1203.4. (Amended by Stats. 2024, Ch. 49, Sec. 9. (AB 168) Effective July 2, 2024.)
  16. 4852.08.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    During petition proceedings, the petitioner may choose counsel, and if the petitioner has no counsel, representation must be provided by a public defender, the county adult probation officer, or court-appointed counsel depending on the county and the court’s view.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.08. During the proceedings upon the petition, the petitioner may be represented by counsel of his or her own selection. If the petitioner does not have counsel, he or she shall be represented by the public defender, if there is one in the county, and if there is none, by the adult probation officer of the county, or if in the opinion of the court the petitioner needs counsel, the court shall assign counsel to represent him or her. (Amended by Stats. 2015, Ch. 303, Sec. 402. (AB 731) Effective January 1, 2016.)
  17. 4852.09.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

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    Courts may not require a petitioner to pay filing fees or any court fees in proceedings 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 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.09. No filing fee nor court fees of any kind shall be required of a petitioner in proceedings under this chapter. (Added by Stats. 1943, Ch. 400.)
  18. 4852.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    The court may require testimony and the production of specified records and reports in a petition proceeding, and the custodian of those records must make them available to the 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 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.1. (a) The court in which the petition is filed may require testimony as it deems necessary, and the production, for the use of the court and without expense of any kind to the petitioner, of all records and reports relating to the petitioner and the crime of which he or she was convicted, including the following: (1) The record of the trial. (2) The report of the probation officer, if any. (3) The records of the prison, jail, detention facility, or other penal institution from which the petitioner has been released showing his or her conduct during the time he or she was there, including the records of the penal institution, jail, or agency doctor and psychiatrist. (4) The records of the parole officer concerning the petitioner if the petitioner was released on parole, records of the probation officer concerning the petitioner if the petitioner was released on postrelease community supervision or mandatory supervision, or the records of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities concerning the petitioner if the petitioner had been committed to that authority. (5) The written reports or records of any other law enforcement agency concerning the conduct of the petitioner since the petitioner’s release on probation, parole, postrelease community supervision, or mandatory supervision, or discharge from custody. (b) A person having custody of any of the records described in subdivision (a) shall make them available for the use of the court in the proceeding. (Amended by Stats. 2015, Ch. 378, Sec. 10. (AB 1156) Effective January 1, 2016.)
  19. 4852.11.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    A peace officer must report known law violations by the petitioner to the court when requested under Section 4852.1. If the court gets satisfactory proof of a violation, it may deny the petition, set a new rehabilitation period within the original limit, and require the petitioner to meet the original certificate conditions before granting the petition.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.11. A peace officer shall report to the court, upon receiving a request as provided in Section 4852.1, all known violations of law committed by the petitioner. Upon receiving satisfactory proof of a violation the court may deny the petition and determine a new period of rehabilitation not to exceed the original period of rehabilitation for the same crime. In that event, before granting the petition, the court may require the petitioner to fulfill all the requirements provided to be fulfilled before the granting of the certificate under the original petition. (Amended by Stats. 2015, Ch. 303, Sec. 403. (AB 731) Effective January 1, 2016.)
  20. 4852.12.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    The court may ask the district attorney for an investigation in a rehabilitation proceeding, and the district attorney must give the court the requested report or criminal record.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.12. (a) In a proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter, the court, upon the filing of the application for petition of rehabilitation, may request from the district attorney an investigation of the residence of the petitioner, the criminal record of the petitioner as shown by the records of the Department of Justice, any representation made to the court by the applicant, the conduct of the petitioner during the period of rehabilitation, including all matters mentioned in Section 4852.11, and any other information the court deems necessary in making its determination. The district attorney shall, upon request of the court, provide the court with a full and complete report of the investigations. (b) In any proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter of a person convicted of a crime the accusatory pleading of which has been dismissed pursuant to Section 1203.4, the district attorney, upon request of the court, shall deliver to the court the criminal record of petitioner as shown by the records of the Department of Justice. The district attorney may investigate any representation made to the court by petitioner and may file with the court a report of the investigation including all matters known to the district attorney relating to the conduct of the petitioner, the place and duration of residence of the petitioner during the period of rehabilitation, and all known violations of law committed by the petitioner. (Amended by Stats. 2015, Ch. 303, Sec. 404. (AB 731) Effective January 1, 2016.)
  21. 4852.13.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    The court may declare a petitioner rehabilitated and recommend a full pardon, but not if subdivision (b) applies. A district attorney may ask the superior court to rescind a certificate in certain 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.13. (a) Except as otherwise provided in subdivision (b), if after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his or her rehabilitation and his or her fitness to exercise all of the civil and political rights of citizenship, the court may make an order declaring that the petitioner has been rehabilitated, and recommending that the Governor grant a full pardon to the petitioner. This order shall be filed with the clerk of the court, and shall be known as a certificate of rehabilitation. (b) No certificate of rehabilitation shall be granted to a person convicted of any offense specified in Section 290 if the court determines that the petitioner presents a continuing threat to minors of committing any of the offenses specified in Section 290. (c) A district attorney in either the county where the conviction was obtained or the county of residence of the recipient of the certificate of rehabilitation may petition the superior court to rescind a certificate if it was granted for any offense specified in Section 290. The petition shall be filed in either the county in which the person who has received the certificate of rehabilitation resides or the county in which the conviction was obtained. If the superior court finds that petitioner has demonstrated by a preponderance of the evidence that the person who has received the certificate presents a continuing threat to minors of committing any of the offenses specified in Section 290, the court shall rescind the certificate. (Amended by Stats. 1996, Ch. 981, Sec. 6. Effective January 1, 1997.)
  22. 4852.14.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    The clerk of the court must immediately send certified copies of a certificate of rehabilitation to specified authorities.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.14. The clerk of the court shall immediately transmit certified copies of the certificate of rehabilitation to the Governor, to the Board of Parole Hearings and the Department of Justice, and, in the case of persons twice convicted of a felony, to the Supreme Court. (Amended by Stats. 2015, Ch. 303, Sec. 405. (AB 731) Effective January 1, 2016.)
  23. 4852.15.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    This section says the chapter does not limit existing legal power to revoke or suspend rights or privileges, or force reinstatement of a professional license, permit, or certificate.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.15. Nothing in this chapter shall be construed to abridge or impair the power or authority conferred by law on any officer, board, or tribunal to revoke or suspend any right, privilege, or franchise for any act or omission not involved in his or her conviction, or to require the reinstatement of the right or privilege to practice or carry on any profession or occupation the practice or conduct of which requires the possession or obtaining of a license, permit, or certificate. Nothing in this chapter shall affect any provision of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or the power or authority conferred by law on the Board of Medical Examiners therein, or the power or authority conferred by law upon any board that issues a certificate permitting any person to practice or apply his or her art or profession on the person of another. Nothing in this chapter shall affect any provision of Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code or the power or authority in relation to attorneys at law and the practice of the law in the State of California conferred by law upon or otherwise possessed by the courts, or the power or authority conferred by law upon the State Bar of California or any board or committee thereof. (Amended by Stats. 1987, Ch. 828, Sec. 141.)
  24. 4852.16.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    A certificate of rehabilitation sent to the Governor can serve as a pardon application, the Board of Parole Hearings must review it within one year, and the Governor may issue a pardon except in the stated felony-repeat-conviction case.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.16. (a) The certified copy of a certificate of rehabilitation transmitted to the Governor shall constitute an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein, except that, pursuant to Section 8 of Article V of the Constitution, the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court. (b) Subject to criteria established by the Governor, a certificate of rehabilitation issued by a court shall be reviewed by the Board of Parole Hearings within one year of receipt of the certificate, which shall issue a recommendation as to whether the Governor should pardon that individual. Any criteria established by the Governor shall be made publicly available, but shall be otherwise exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2018, Ch. 824, Sec. 6. (AB 2845) Effective January 1, 2019.)
  25. 4852.17.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    When a certificate of rehabilitation or pardon is issued, the issuing official or agency must report it right away to the Department of Justice, which must record it and send the facts to the FBI. A full and unconditional gubernatorial pardon based on rehabilitation restores civil and political rights, including voting and firearm rights, unless the person was ever convicted of a felony involving a dangerous weapon.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.17. Whenever a person is issued a certificate of rehabilitation or granted a pardon from the Governor under this chapter, the fact shall be immediately reported to the Department of Justice by the court, Governor, officer, or governmental agency by whose official action the certificate is issued or the pardon granted. The Department of Justice shall immediately record the facts so reported on the former criminal record of the person, and transmit those facts to the Federal Bureau of Investigation at Washington, D.C. When the criminal record is thereafter reported by the department, it shall also report the fact that the person has received a certificate of rehabilitation, or pardon, or both. Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including, but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon. (Amended (as amended by Stats. 2010, Ch. 178, Sec. 85) by Stats. 2011, Ch. 296, Sec. 218. (AB 1023) Effective January 1, 2012.)
  26. 4852.18.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    The Board of Parole Hearings must give county superior court clerks sample forms for rehabilitation-and-pardon petitions, filing notices, and certificates of rehabilitation. Clerks must print enough forms, post them on the court website, and provide them free to requesters.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.18. The Board of Parole Hearings shall furnish to the clerk of the superior court of each county a set of sample forms for a petition for certificate of rehabilitation and pardon, a notice of filing of petition for certificate of rehabilitation and pardon, and a certificate of rehabilitation. The clerk of the court shall have a sufficient number of these forms printed to meet the needs of the people of the county, shall post these forms on the court’s Internet Web site, and shall make these forms available at no charge to persons requesting them. (Amended by Stats. 2018, Ch. 824, Sec. 7. (AB 2845) Effective January 1, 2019.)
  27. 4852.19.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    This chapter provides an additional, nonexclusive procedure for restoring rights and applying for a pardon.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.19. This chapter shall be construed as providing an additional, but not an exclusive, procedure for the restoration of rights and application for pardon. Nothing in this chapter shall be construed as repealing any other provision of law providing for restoration of rights or application for pardon. (Added by Stats. 1943, Ch. 400.)
  28. 4852.2.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    Most people may not solicit or accept payment or anything of value for representing a petitioner or helping with a pardon application under this chapter; licensed California lawyers acting as lawyers are excepted.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.2. Every person, other than an individual who is licensed to practice law in the State of California, pursuant to Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code and who is acting in that capacity, who solicits or accepts any fee, money, or anything of value for his or her services, or his or her purported services, in representing a petitioner in any proceeding under this chapter, or in any application to the Governor for a pardon under this chapter, is guilty of a misdemeanor. (Amended by Stats. 1990, Ch. 632, Sec. 5.)
  29. 4852.21.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    Certain people must be told in writing how to petition for a certificate of rehabilitation and pardon before release or before dismissal of the accusatory pleading.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.21. (a) A person to whom this chapter applies shall, prior to discharge or release on parole or postrelease community supervision from a state prison or other state penal institution or agency, or prior to discharge or release on mandatory supervision from a county jail, be informed in writing by the official in charge of the place of confinement of the person’s right to petition for, and of the procedure for filing the petition for and obtaining, a certificate of rehabilitation and pardon pursuant to this chapter. (b) Prior to dismissal of the accusatory pleading pursuant to Section 1203.4, the defendant shall be informed in writing by the clerk of the court dismissing the accusatory pleading of the defendant’s right, if any, to petition for, and of the procedure for filing a petition for and obtaining, a certificate of rehabilitation and pardon pursuant to this chapter. (Amended by Stats. 2015, Ch. 378, Sec. 11. (AB 1156) Effective January 1, 2016.)
  30. 4852.22.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. )

    Verify source ↗

    A trial court may grant a certificate of rehabilitation application before the rehabilitation period ends, unless the case requires registration under Section 290, and only if the court thinks relief serves justice.

    ## 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 3.5. Procedure for Restoration of Rights and Application for Pardon [4852.01 - 4852.22] ( Chapter 3.5 added by Stats. 1943, Ch. 400. ) ## 4852.22. Except in a case requiring registration pursuant to Section 290, a trial court hearing an application for a certificate of rehabilitation before the applicable period of rehabilitation has elapsed may grant the application if the court, in its discretion, believes relief serves the interests of justice. (Added by Stats. 2013, Ch. 721, Sec. 2. (SB 530) Effective January 1, 2014.)
  31. 4853.

    ## 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 4. Effect of Full Pardon [4853 - 4854] ( Chapter 4 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    A full pardon by the Governor restores the pardoned person’s rights, privileges, and franchises, but it does not limit certain boards’ authority to revoke or suspend rights for unrelated acts or omissions, and it does not affect Medical Practice Act powers.

    ## 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 4. Effect of Full Pardon [4853 - 4854] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## 4853. In all cases in which a full pardon has been granted by the Governor of this state or will hereafter be granted by the Governor to a person convicted of an offense to which the pardon applies, it shall operate to restore to the convicted person, all the rights, privileges, and franchises of which he or she has been deprived in consequence of that conviction or by reason of any matter involved therein; provided, that nothing herein contained shall abridge or impair the power or authority conferred by law on any board or tribunal to revoke or suspend any right, privilege or franchise for any act or omission not involved in the conviction; provided further, that nothing in this article shall affect any of the provisions of the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code) or the power or authority conferred by law on the Board of Medical Examiners therein, or the power or authority conferred by law upon any board that issues a certificate which permits any person or persons to apply his or her or their art or profession on the person of another. (Amended by Stats. 1987, Ch. 828, Sec. 143.)
  32. 4854.

    ## 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 4. Effect of Full Pardon [4853 - 4854] ( Chapter 4 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    After granting a pardon, the Governor may let the person keep and use firearm rights, unless the person was ever convicted of a felony involving the use of a dangerous weapon.

    ## 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 4. Effect of Full Pardon [4853 - 4854] ( Chapter 4 added by Stats. 1941, Ch. 106. ) ## 4854. In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon. (Amended (as amended by Stats. 2010, Ch. 178, Sec. 86) by Stats. 2011, Ch. 296, Sec. 219. (AB 1023) Effective January 1, 2012.)
  33. 486.

    ## 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 ↗

    Theft is classified into two degrees: grand theft and petty theft.

    ## 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. ) ## 486. Theft is divided into two degrees, the first of which is termed grand theft; the second, petty theft. (Amended by Stats. 1927, Ch. 619.)
  34. 487.

    ## 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. )

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    This section defines grand theft and sets dollar-value and property-type rules for when theft counts as grand theft.

    ## 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. ) ## 487. Grand theft is theft committed in any of the following cases: (a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). (b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases: (1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). (3) Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. (c) When the property is taken from the person of another. (d) When the property taken is any of the following: (1) An automobile. (2) A firearm. (e) If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, including acts committed against multiple victims or in counties other than the county of the current offense, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan. Evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same defendant or defendants, are substantially similar in nature, or occur within a 90-day period. (Amended by Stats. 2024, Ch. 168, Sec. 2. (AB 2943) Effective January 1, 2025.)
  35. 487a

    ## 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 says stealing, fraudulently taking, or unlawfully handling certain livestock or their carcasses is grand theft.

    ## 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. ) ## 487a. (a) Every person who feloniously steals, takes, carries, leads, or drives away any horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig, which is the personal property of another, or who fraudulently appropriates that same property which has been entrusted to him or her, or who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of that same 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 that same property, is guilty of grand theft. (b) Every person who shall feloniously steal, take, transport or carry the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack or jenny, which is the personal property of another, or who shall fraudulently appropriate such property which has been entrusted to him or her, is guilty of grand theft. (c) Every person who shall feloniously steal, take, transport, or carry any portion of the carcass of any bovine, caprine, equine, ovine, or suine animal or of any mule, jack, or jenny, which has been killed without the consent of the owner thereof, is guilty of grand theft. (Amended by Stats. 2014, Ch. 71, Sec. 122. (SB 1304) Effective January 1, 2015.)
  36. 487b

    ## 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. )

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    Converting another person’s real estate worth $250 or more into personal property by severing it from the land, with felonious intent, is grand theft and can be punished by imprisonment.

    ## 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. ) ## 487b. Every person who converts real estate of the value of two hundred fifty dollars ($250) or more into personal property by severance from the realty of another, and with felonious intent to do so, steals, takes, and carries away that property is guilty of grand theft and is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 369. (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.)
  37. 487c

    ## 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 steals certain real estate by severing it from another’s property, when the value is under $250 and done with felonious intent, commits petty theft.

    ## 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. ) ## 487c. Every person who converts real estate of the value of less than two hundred fifty dollars ($250) into personal property by severance from the realty of another, and with felonious intent to do so steals, takes, and carries away that property is guilty of petty theft and is punishable by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 19. (SB 18 3x) Effective January 25, 2010.)
  38. 487d

    ## 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. )

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    Stealing or trying to steal another person’s gold dust, amalgam, or quicksilver from certain mining equipment or sites is grand theft and can lead to imprisonment.

    ## 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. ) ## 487d. Every person who feloniously steals, takes, and carries away, or attempts to take, steal, and carry from any mining claim, tunnel, sluice, undercurrent, riffle box, or sulfurate machine, another’s gold dust, amalgam, or quicksilver is guilty of grand theft and is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 370. (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.)
  39. 487e

    ## 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 ↗

    Taking a companion animal of another person is grand theft if the animal is worth more than $950.

    ## 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. ) ## 487e. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft. (b) (1) For purposes of this section, “companion animal” means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection. (2) For purposes of this section, “companion animal” excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. (Amended by Stats. 2022, Ch. 546, Sec. 1. (AB 1290) Effective January 1, 2023.)
  40. 487f

    ## 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 ↗

    Stealing, taking, or carrying away another person’s companion animal worth $950 or less is petty theft.

    ## 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. ) ## 487f. (a) Every person who feloniously steals, takes, or carries away a companion animal of another which is of a value not exceeding nine hundred fifty dollars ($950) is guilty of petty theft. (b) (1) For purposes of this section, “companion animal” means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection. (2) For purposes of this section, “companion animal” excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. (Amended by Stats. 2022, Ch. 546, Sec. 2. (AB 1290) Effective January 1, 2023.)
  41. 487g

    ## 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. )

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    Taking, stealing, or fraudulently obtaining another person's animal for sale, medical research, slaughter, or other commercial use is 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. ) ## 487g. Every person who steals or maliciously takes or carries away any animal of another for purposes of sale, medical research, slaughter, or other commercial use, or who knowingly, by any false representation or pretense, defrauds another person of any animal for purposes of sale, medical research, slaughter, or other commercial use is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or in the state prison. (Amended by Stats. 1995, Ch. 151, Sec. 1. Effective January 1, 1996.)
  42. 487h

    ## 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. )

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    Taking another person’s cargo worth more than $950 is grand theft, unless an exception in Sections 487, 487a, or 487d 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 487h. (a) Every person who steals, takes, or carries away cargo of another, if the cargo taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in Sections 487, 487a, and 487d, is guilty of grand theft. (b) For the purposes of this section, “cargo” means any goods, wares, products, or manufactured merchandise that has been loaded into a trailer, railcar, or cargo container, awaiting or in transit. (Amended by Stats. 2009, Ch. 607, Sec. 1. (SB 24) Effective January 1, 2010.)
  43. 487i

    ## 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. )

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    A person who defrauds a public housing authority’s housing program by more than $400 is guilty of grand theft.

    ## 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. ) ## 487i. Any person who defrauds a housing program of a public housing authority of more than four hundred dollars ($400) is guilty of grand theft. (Added by Stats. 2008, Ch. 105, Sec. 1. Effective January 1, 2009.)
  44. 487j

    ## 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. )

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    Taking copper materials worth more than $950 from another person is grand theft and can lead to fines, jail, 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 487j. Every person who steals, takes, or carries away copper materials of another, including, but not limited to, copper wire, copper cable, copper tubing, and copper piping, which are of a value exceeding nine hundred fifty dollars ($950) is guilty of grand theft. Grand theft of copper shall be punishable by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 and a fine not exceeding ten thousand dollars ($10,000). (Added by Stats. 2011, Ch. 317, Sec. 2. (AB 316) Effective January 1, 2012.)
  45. 487k

    ## 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 ↗

    Taking covered agricultural equipment worth more than $950 can be grand theft.

    ## 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. ) ## 487k. A person who steals, takes, or carries away tractors, all-terrain vehicles, or other agricultural equipment, or any portion thereof, used in the acquisition or production of food for public consumption, which are of a value exceeding nine hundred fifty dollars ($950), is guilty of grand theft. (Added by Stats. 2019, Ch. 119, Sec. 1. (SB 224) Effective January 1, 2020.)
  46. 487m

    ## 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. )

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    An employer may be punished as grand theft for intentionally stealing wages over the stated dollar thresholds in a 12-month period.

    ## 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. ) ## 487m. (a) Notwithstanding Sections 215 and 216 of the Labor Code, the intentional theft of wages in an amount greater than nine hundred fifty dollars ($950) from any one employee, or two thousand three hundred fifty dollars ($2,350) in the aggregate from two or more employees, by an employer in any consecutive 12-month period may be punished as grand theft. (b) For purposes of this section, “theft of wages” is the intentional deprivation of wages, as defined in Section 200 of the Labor Code, gratuities, as defined in Section 350 of the Labor Code, benefits, or other compensation, by unlawful means, with the knowledge that the wages, gratuities, benefits, or other compensation is due to the employee under the law. (c) For purposes of this section, “employee” includes an independent contractor and “employer” includes the hiring entity of an independent contractor. (d) Wages, gratuities, benefits, or other compensation that are the subject of a prosecution under this section may be recovered as restitution in accordance with Sections 1202.4 and 1203.1. This section does not prohibit the employee or the Labor Commissioner from commencing a civil action to seek remedies provided for under the Labor Code for acts prosecuted under this section. (e) This section does not constitute a change in, and does not expand or limit the scope of conduct prohibited by, Section 487. (Added by Stats. 2021, Ch. 325, Sec. 1. (AB 1003) Effective January 1, 2022.)
  47. 488.

    ## 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 ↗

    The section says theft in other cases is petty theft.

    ## 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. ) ## 488. Theft in other cases is petty theft. (Amended by Stats. 1927, Ch. 619.)
  48. 489.

    ## 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 ↗

    Grand theft is punishable by imprisonment, a fine, or both, depending on what the theft involved.

    ## 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. ) ## 489. Grand theft is punishable as follows: (a) If the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, or two or three years. (b) If the grand theft involves a violation of Section 487a, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. The proceeds of this fine shall be allocated to the Bureau of Livestock Identification to be used, upon appropriation by the Legislature, for purposes relating to the investigation of cases involving grand theft of any animal or animals, or of the carcass or carcasses of, or any portion of the carcass or carcasses of, any animal specified in Section 487a. (c) (1) In all other convictions for grand theft not described in either subdivision (a) or (b), by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (2) In a county participating in a rural crime prevention program pursuant to Title 11.5 (commencing with Section 14170) or Title 11.7 (commencing with Section 14180) of Part 4, the proceeds of a fine imposed pursuant to a conviction for a violation of Section 487k shall be allocated by the Controller, upon appropriation by the Legislature, to the Central Valley Rural Crime Prevention Program and the Central Coast Rural Crime Prevention Program, in accordance with the schedule specified in paragraph (12) of subdivision (c) of Section 13821. (Amended by Stats. 2020, Ch. 232, Sec. 1. (SB 903) Effective September 28, 2020.)
  49. 490.

    ## 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 ↗

    Petty theft is punishable by a fine up to $1,000, jail up to six months, 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 490. Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both. (Amended by Stats. 1976, Ch. 1125.)
  50. 490.1.

    ## 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 ↗

    Petty theft involving property worth $50 or less may be charged as either a misdemeanor or an infraction if the accused has no other theft-related conviction.

    ## 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. ) ## 490.1. (a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars ($50), may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction. (b) Any offense charged as an infraction under this section shall be subject to the provisions of subdivision (d) of Section 17 and Sections 19.6 and 19.7. A violation which is an infraction under this section is punishable by a fine not exceeding two hundred fifty dollars ($250). (Added by Stats. 1991, Ch. 638, Sec. 2.)
  51. 490.2.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Theft of property worth $950 or less is petty theft and is punished as a misdemeanor, with some repeat-offender cases eligible for different punishment.

    ## 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. ) ## 490.2. (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor, 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. (b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any other provision of law. (c) This section shall not apply to theft of a firearm. (Amended November 8, 2016, by initiative Proposition 63, Sec. 11.1. Note: This section was added on Nov. 4, 2014, by initiative Prop. 47.)
  52. 490.3.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    In theft or shoplifting cases, the stolen property values may be combined into one count or charge to determine the degree of theft.

    ## 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. ) ## 490.3. Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including, but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft. (Added November 5, 2024, by initiative Proposition 36, Sec. 8. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
  53. 490.4.

    ## 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. )

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    This section makes organized retail theft a crime and sets jail penalties, with an added probation condition the court may consider after conviction.

    ## 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. ) ## 490.4. (a) A person who commits any of the following acts is guilty of organized retail theft and shall be punished pursuant to subdivision (b): (1) Acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. (2) Acts in concert with two or more persons to receive, purchase, or possess merchandise described in paragraph (1), knowing or believing it to have been stolen. (3) Acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft. (4) Recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in paragraph (1) or (2) or any other statute defining theft of merchandise. (b) Organized retail theft is punishable as follows: (1) If violations of paragraph (1), (2), or (3) of subdivision (a) are committed on two or more separate occasions within a 12-month period, and if the aggregated value of the merchandise stolen, received, purchased, or possessed within that 12-month period exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (2) Any other violation of paragraph (1), (2), or (3) of subdivision (a) that is not described in paragraph (1) of this subdivision is punishable by imprisonment in a county jail not exceeding one year. (3) A violation of paragraph (4) of subdivision (a) is punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (c) For the purpose of determining whether the defendant acted in concert with another person or persons in any proceeding, the trier of fact may consider any competent evidence, including, but not limited to, all of the following: (1) The defendant has previously acted in concert with another person or persons in committing acts constituting theft, or any related offense, including any conduct that occurred in counties other than the county of the current offense, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act. (2) That the defendant used or possessed an artifice, instrument, container, device, or other article capable of facilitating the removal of merchandise from a retail establishment without paying the purchase price and use of the artifice, instrument, container, or device or other article is part of an organized plan to commit theft. (3) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, and the property is intended for resale. (d) In a prosecution under this section, the prosecutor shall not be required to charge any other coparticipant of the organized retail theft. (e) Upon conviction of an offense under this section, the court shall consider ordering, as a condition of probation, that the defendant stay away from retail establishments with a reasonable nexus to the crime committed. (Amended by Stats. 2024, Ch. 171, Sec. 1. (SB 982) Effective January 1, 2025.)
  54. 490.5.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    This section sets fines and related civil liability for petty theft involving merchant merchandise or library materials, and allows merchants, theater owners, and library staff to detain suspected offenders under specified conditions.

    ## 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. ) ## 490.5. (a) Upon a first conviction for petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, a person shall be punished by a mandatory fine of not less than fifty dollars ($50) and not more than one thousand dollars ($1,000) for each such violation; and may also be punished by imprisonment in the county jail, not exceeding six months, or both such fine and imprisonment. (b) When an unemancipated minor’s willful conduct would constitute petty theft involving merchandise taken from a merchant’s premises or a book or other library materials taken from a library facility, any merchant or library facility who has been injured by that conduct may bring a civil action against the parent or legal guardian having control and custody of the minor. For the purposes of those actions the misconduct of the unemancipated minor shall be imputed to the parent or legal guardian having control and custody of the minor. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this subdivision shall be jointly and severally liable with the minor to a merchant or to a library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the parent or legal guardian shall be jointly and severally liable with the minor to the merchant for the retail value of the merchandise if it is not recovered in a merchantable condition, or to a library facility for the fair market value of its book or other library materials. Recovery of these damages may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of that court, or in any other appropriate court; however, total damages, including the value of the merchandise or book or other library materials, shall not exceed five hundred dollars ($500) for each action brought under this section. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies, except that the provisions of Section 1714.1 of the Civil Code shall not apply herein. (c) When an adult or emancipated minor has unlawfully taken merchandise from a merchant’s premises, or a book or other library materials from a library facility, the adult or emancipated minor shall be liable to the merchant or library facility for damages of not less than fifty dollars ($50) nor more than five hundred dollars ($500), plus costs. In addition to the foregoing damages, the adult or emancipated minor shall be liable to the merchant for the retail value of the merchandise if it is not recovered in merchantable condition, or to a library facility for the fair market value of its book or other library materials. An action for recovery of damages, pursuant to this subdivision, may be brought in small claims court if the total damages do not exceed the jurisdictional limit of such court, or in any other appropriate court. The provisions of this subdivision are in addition to other civil remedies and do not limit merchants or other persons to elect to pursue other civil remedies. (d) In lieu of the fines prescribed by subdivision (a), any person may be required to perform public services designated by the court, provided that in no event shall any such person be required to perform less than the number of hours of such public service necessary to satisfy the fine assessed by the court as provided by subdivision (a) at the minimum wage prevailing in the state at the time of sentencing. (e) All fines collected under this section shall be collected and distributed in accordance with Sections 1463 and 1463.1 of the Penal Code; provided, however, that a county may, by a majority vote of the members of its board of supervisors, allocate any amount up to, but not exceeding 50 percent of such fines to the county superintendent of schools for allocation to local school districts. The fines allocated shall be administered by the county superintendent of schools to finance public school programs, which provide counseling or other educational services designed to discourage shoplifting, theft, and burglary. Subject to rules and regulations as may be adopted by the Superintendent of Public Instruction, each county superintendent of schools shall allocate such funds to school districts within the county which submit project applications designed to further the educational purposes of this section. The costs of administration of this section by each county superintendent of schools shall be paid from the funds allocated to the county superintendent of schools. (f) (1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises. A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater. A person employed by a library facility may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by a library facility has probable cause to believe the person to be detained is attempting to unlawfully remove or has unlawfully removed books or library materials from the premises of the library facility. (2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property. (3) During the period of detention any items which a merchant or theater owner, or any items which a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and which are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof. (4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity. (5) If any person admitted to a theater in which a motion picture is to be or is being exhibited, refuses or fails to give or surrender possession or to cease operation of any video recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse admission to that person or request that the person leave the premises and shall thereupon offer to refund and, unless that offer is refused, refund to that person the price paid by that person for admission to that theater. If the person thereafter refuses to leave the theater or cease operation of the video recording device, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1. (6) A peace officer who accepts custody of a person arrested for an offense contained in this section may, subsequent to the arrest, search the person arrested and his or her immediate possessions for any item or items alleged to have been taken. (7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances. In any civil action brought by any person resulting from a detention or arrest by a theater owner or person employed by a library facility, it shall be a defense to that action that the theater owner or person employed by a library facility detaining or arresting that person had probable cause to believe that the person was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater or had stolen or attempted to steal books or library materials and that the person employed by a library facility acted reasonably under all the circumstances. (g) As used in this section: (1) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for retail sale by a merchant. (2) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises used for the retail purchase or sale of any personal property capable of manual delivery. (3) “Theater owner” means an owner or operator, and the agent, employee, consignee, lessee, or officer of an owner or operator, of any premises used for the exhibition or performance of motion pictures to the general public. (4) The terms “book or other library materials” include any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual material in any format, magnetic or other tape, electronic data-processing record, artifact, or other documentary, written or printed material regardless of physical form or characteristics, or any part thereof, belonging to, on loan to, or otherwise in the custody of a library facility. (5) The term “library facility” includes any public library; any library of an educational, historical or eleemosynary institution, organization or society; any museum; any repository of public records. (h) Any library facility shall post at its entrance and exit a conspicuous sign to read as follows: “IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS, STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING “LIBRARY THEFT” (PENAL CODE SECTION 490.5).” (Amended by Stats. 1994, 1st Ex. Sess., Ch. 34, Sec. 1. Effective November 30, 1994.)
  55. 490.6.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    Amusement park employees may briefly detain a person for a reasonable investigation if they have probable cause to believe the person is violating lawful park rules.

    ## 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. ) ## 490.6. (a) A person employed by an amusement park may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the person employed by the amusement park has probable cause to believe the person to be detained is violating lawful amusement park rules. (b) If any person admitted to an amusement park refuses or fails to follow lawful amusement park rules, after being so informed, then an amusement park employee may request that the person either comply or leave the premises. If the person refuses to leave the premises or comply with lawful park rules, then the person shall be deemed to be intentionally interfering with and obstructing those attempting to carry on a lawful business within the meaning of Section 602.1. (c) In any civil action brought by any person resulting from a detention or an arrest by a person employed by an amusement park, it shall be a defense to that action that the amusement park employee detaining or arresting the person had probable cause to believe that the person was not following lawful amusement park rules and that the amusement park employee acted reasonably under all the circumstances. (Added by Stats. 1996, Ch. 731, Sec. 1. Effective January 1, 1997.)
  56. 490.7.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    A person may not take more than 25 copies of a current free or complimentary newspaper when doing so to recycle, sell, barter, deprive others of reading it, or harm a business competitor.

    ## 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. ) ## 490.7. (a) The Legislature finds that free newspapers provide a key source of information to the public, in many cases providing an important alternative to the news and ideas expressed in other local media sources. The Legislature further finds that the unauthorized taking of multiple copies of free newspapers, whether done to sell them to recycling centers, to injure a business competitor, to deprive others of the opportunity to read them, or for any other reason, injures the rights of readers, writers, publishers, and advertisers, and impoverishes the marketplace of ideas in California. (b) No person shall take more than twenty-five (25) copies of the current issue of a free or complimentary newspaper if done with the intent to do one or more of the following: (1) Recycle the newspapers for cash or other payment. (2) Sell or barter the newspaper. (3) Deprive others of the opportunity to read or enjoy the newspaper. (4) Harm a business competitor. (c) This section does not apply to the owner or operator of the newsrack in which the copies are placed, the owner or operator of the property on which the newsrack is placed, the publisher, the printer, the distributor, the deliverer of the newspaper, or to any advertiser in that issue, or to any other person who has the express permission to do so from any of these entities. (d) Any newspaper publisher may provide express permission to take more than twenty-five (25) copies of the current issue of a free or complimentary newspaper by indicating on the newsrack or in the newspaper itself, that people may take a greater number of copies if they wish. (e) A first violation of subdivision (b) shall be an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). A second or subsequent violation shall be punishable as an infraction or a misdemeanor. A misdemeanor conviction under this section is punishable by a fine not exceeding five hundred dollars ($500), imprisonment of up to 10 days in a county jail, or by both that fine and imprisonment. The court may order community service in lieu of the punishment otherwise provided for an infraction or misdemeanor in the amount of 20 hours for an infraction, and 40 hours for a misdemeanor. A misdemeanor conviction under this section shall not constitute a conviction for petty theft. (f) This section shall not be construed to repeal, modify, or weaken any existing legal prohibitions against the taking of private property. (g) For purposes of this section, an issue is current if no more than half of the period of time until the distribution of the next issue has passed. (Added by Stats. 2006, Ch. 228, Sec. 2. Effective January 1, 2007.)
  57. 490.8.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    Courts may consider and issue retail crime restraining orders against qualifying defendants, and such orders must bar entry to the retail establishment and related areas.

    ## 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. ) ## 490.8. (a) A court sentencing a defendant for any violation described in subdivision (b) shall consider issuing an order restraining the defendant from entering the premises of the retail establishment, that may be valid for up to two years, as determined by the court. (b) Subdivision (a) shall apply to a person convicted of any of the following offenses: (1) Shoplifting in violation of Section 459.5. (2) Any theft, including a violation of Section 487 or 488, from a retail establishment. (3) Organized retail theft in violation of Section 490.4. (4) Any vandalism of a retail establishment in violation of Section 594. (5) Any assault or battery of an employee of a retail establishment while that person is working at the retail establishment, including a violation of Section 240, 242, or 245. (c) (1) An order issued pursuant to subdivision (a) shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to and used to service, the retail establishment. (2) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order. (d) In determining whether to impose a retail crime restraining order pursuant to subdivision (a) or (e), the court shall consider whether the retail establishment is the only place that sells food, pharmaceuticals, or other basic life necessities within one mile of where the individual resides, or otherwise creates undue hardship for the individual. (e) (1) A prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment may file a petition requesting a retail crime restraining order for an individual who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest pursuant to Section 853.6, two or more times for any of the offenses listed in subdivision (b) within the same retail establishment. (2) An order issued pursuant to this subdivision shall be issued after a hearing. (3) The respondent shall be personally served with notice of the hearing and shall be entitled to representation by court-appointed counsel. (4) The petitioner shall bear the burden of proving, by a preponderance of the evidence, that the respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof. (5) The court may issue an order restraining the respondent from entering the premises of the retail establishment for a period not to exceed two years if the court finds by a preponderance of the evidence that both of the following are true: (A) The respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof. (B) There is a substantial likelihood that the individual will return to the retail establishment. (6) (A) An order issued pursuant to this subdivision shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to and used to service, the retail establishment. (B) If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise within a specified geographic range in the order. (f) A violation of an order issued pursuant to this section is punishable as a misdemeanor. Declarative of existing law, prosecution under this section shall not preclude prosecution for any other offenses committed during a violation of this section. (g) Notwithstanding Section 853.6, an officer arresting a person for a violation of this section is not required to release the person pursuant to a written notice to appear. (h) Declarative of existing law, a court may offer an individual charged with a violation of this section an opportunity to participate in a diversion program for which they are eligible, including those described in Title 6 (commencing with Section 976) of Part 2. (i) If a person subject to a retail crime restraining order issued pursuant to this section was not present in court at the time the order was issued or renewed, the retail crime restraining order shall be personally served on the restrained person by a law enforcement officer, or by a person as provided in Section 414.10 of the Code of Civil Procedure. (j) The Judicial Council may prescribe the form of the petitions and orders and any other documents, and may promulgate any rules of court, necessary to implement this section. (Added by Stats. 2024, Ch. 169, Sec. 2. (AB 3209) Effective January 1, 2025.)
  58. 4901.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. )

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    A claimant must present a Section 4900 claim, with a verified statement of facts, to the California Victim Compensation Board within 10 years of the latest triggering event. A claim cannot be filed until 60 days after reversal of conviction or grant of the writ, and not while certain refiling or dismissal conditions remain unmet.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4901. (a) A claim under Section 4900, accompanied by a statement of the facts constituting the claim, verified in the manner provided for the verification of complaints in civil actions, is required to be presented by the claimant to the California Victim Compensation Board within a period of 10 years after judgment of acquittal, dismissal of charges, pardon granted, or release from custody, whichever is later. (b) For purposes of subdivision (a), “release from custody” means release from imprisonment from state prison or from incarceration in county jail when there is no subsequent parole jurisdiction exercised by the Department of Corrections and Rehabilitation or postrelease jurisdiction under a community corrections program, or when there is a parole period or postrelease period subject to jurisdiction of a community corrections program, when that period ends. (c) A person may not file a claim under Section 4900 until 60 days have passed since the date of reversal of conviction or granting of the writ, or while the case is pending upon an initial refiling, or until a complaint or information has been dismissed a single time. (Amended by Stats. 2019, Ch. 473, Sec. 2. (SB 269) Effective January 1, 2020.)
  59. 4902.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. )

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    This section sets deadlines and procedures for claim responses, hearings, notice, objections, and payment decisions by the California Victim Compensation Board and the Attorney General.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4902. (a) If the provisions of Section 851.865 or 1485.55 apply in any claim, the California Victim Compensation Board shall, within 90 days of the filing of the claim, calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature. As to any claim to which Section 851.865 or 1485.55 does not apply, the Attorney General shall respond to the claim within 60 days or request an extension of time, upon a showing of good cause. (b) Upon receipt of a response from the Attorney General, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the time fixed for the hearing. The board shall use reasonable diligence in setting the date for the hearing and shall attempt to set the date for the hearing at the earliest date convenient for the parties and the board. (c) If the time period for response elapses without a request for extension or a response from the Attorney General pursuant to subdivision (a), the board shall fix a time and place for the hearing of the claim, mail notice thereof to the claimant at least 15 days prior to the time fixed for the hearing, and make a decision based on the claimant’s verified claim and any evidence presented by the claimant. (d) If subdivision (b) of Section 4900 applies in any claim, the California Victim Compensation Board shall calculate the compensation for the claimant pursuant to Section 4904 and approve payment to the claimant if sufficient funds are available, upon appropriation by the Legislature, unless the Attorney General objects in writing, within 45 days from when the claimant files the claim, with clear and convincing evidence that the claimant is not entitled to compensation. The Attorney General may request a single 45-day extension of time, upon a showing of good cause. An extension of time beyond this period may be given if agreed upon by stipulation between both parties. Time needed to obtain and review juvenile records may establish good cause for additional 45-day extensions upon a showing that through the exercise of due diligence the Attorney General’s office is unable to obtain sufficient documents for the review. If the Attorney General declines to object within the allotted period of time, then the board shall approve payment pursuant to Section 4904 within 90 days thereafter. Upon receipt of the objection, the board shall fix a time and place for the hearing of the claim, and shall mail notice thereof to the claimant and to the Attorney General at least 15 days prior to the fixed time for the hearing. At a hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. If the Attorney General fails to meet this burden, the board shall approve payment to the claimant, calculated pursuant to Section 4904, if sufficient funds are available upon appropriation by the Legislature. (Amended by Stats. 2023, Ch. 702, Sec. 4. (SB 78) Effective January 1, 2024.)
  60. 4903.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. )

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    This section sets procedures for compensation claims: the board must schedule a hearing, the claimant must prove the claim, and the Attorney General may oppose it; in some cases the Attorney General bears the burden of proof.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4903. (a) Except as provided in Sections 851.865 and 1485.55, and in subdivision (b) of Section 4900, the board shall fix a time and place for the hearing of the claim. At the hearing the claimant shall introduce evidence in support of the claim, and the Attorney General may introduce evidence in opposition thereto. The claimant shall prove the facts set forth in the statement constituting the claim, including the fact that the crime with which they were charged was either not committed at all, or, if committed, was not committed by the claimant, and the injury sustained by them through their erroneous conviction and incarceration. (b) For claims falling within subdivision (b) of Section 4900 in which the Attorney General objects to the claim pursuant to subdivision (d) of Section 4902, the board shall fix a time and place for the hearing of the claim. At the hearing, the Attorney General shall bear the burden of proving by clear and convincing evidence that the claimant committed the acts constituting the offense. The claimant may introduce evidence in support of the claim. (c) In a hearing before the board, the factual findings and credibility determinations establishing the court’s basis for writ of habeas corpus, a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, or an application for a certificate of factual innocence as described in Section 1485.5 shall be binding on the Attorney General, the factfinder, and the board. (d) A conviction reversed and dismissed is no longer valid, thus the Attorney General may not rely on the fact that the state still maintains that the claimant is guilty of the crime for which they were wrongfully convicted, that the state defended the conviction against the claimant through court litigation, or that there was a conviction to establish that the claimant is not entitled to compensation. The Attorney General may also not rely solely on the trial record to establish that the claimant is not entitled to compensation. (e) The board shall deny payment of any claim if the board finds by a preponderance of the evidence that a claimant pled guilty with the specific intent to protect another from prosecution for the underlying conviction for which the claimant is seeking compensation. (f) A presumption does not exist in any other proceeding if the claim for compensation is denied pursuant to this section. No res judicata or collateral estoppel finding shall be made in any other proceeding if the claim for compensation is denied pursuant to this section. (Amended by Stats. 2021, Ch. 490, Sec. 5. (SB 446) Effective January 1, 2022.)
  61. 4904.5.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. )

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    The California Victim Compensation Board must submit an annual report to the Joint Legislative Budget Committee by September 1 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 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4904.5. On or before September 1 each year, the California Victim Compensation Board shall submit an annual report to the Joint Legislative Budget Committee on approved erroneous conviction claims that were paid in the prior fiscal year. The report shall include a listing of all individuals approved by the board for compensation under this chapter, the amount approved for each individual, and a case summary. (Added by Stats. 2022, Ch. 58, Sec. 20. (AB 200) Effective June 30, 2022.)
  62. 4905.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. )

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    The California Victim Compensation Board is immune from liability for damages, including prejudgment interest, when deciding a claim 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 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4905. The California Victim Compensation Board is immune from liability for damages, including prejudgment interest, for any decision on a claim under this chapter. The immunity granted to the board under this section does not change or affect the immunity provided by Section 820.2 of the Government Code. (Repealed and added by Stats. 2022, Ch. 58, Sec. 22. (AB 200) Effective June 30, 2022.)
  63. 4906.

    ## 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 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. )

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    The California Victim Compensation Board may make rules and regulations needed to carry out this chapter, as long as they are consistent with the 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 6. REPRIEVES, PARDONS AND COMMUTATIONS [4800 - 4906] ( Title 6 added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Indemnity for Persons Erroneously Convicted and Pardoned [4900 - 4906] ( Chapter 5 added by Stats. 1941, Ch. 106. ) ## 4906. The California Victim Compensation Board is hereby authorized to make all needful rules and regulations consistent with the law for the purpose of carrying into effect this chapter. (Amended by Stats. 2016, Ch. 31, Sec. 255. (SB 836) Effective June 27, 2016.)
  64. 490a

    ## 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. )

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    Laws that refer to larceny, embezzlement, or stealing must be read as referring to “theft.”

    ## 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. ) ## 490a. Wherever any law or statute of this state refers to or mentions larceny, embezzlement, or stealing, said law or statute shall hereafter be read and interpreted as if the word “theft” were substituted therefor. (Added by Stats. 1927, Ch. 619.)
  65. 491.

    ## 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. )

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    For this section, companion animals are treated as personal property, and their value is determined the same way as other 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 491. (a) Companion animals are personal property, and their value is to be ascertained in the same manner as the value of other property. (b) (1) For purposes of this section, “companion animal” means an animal, including, but not limited to, a dog or a cat that a person keeps and provides care for as a household pet or otherwise for the purpose of companionship, emotional support, service, or protection. (2) For purposes of this section, “companion animal” excludes feral animals, including, but not limited to, feral cats as defined in Section 31752.5 of the Food and Agricultural Code. (Amended by Stats. 2022, Ch. 546, Sec. 3. (AB 1290) Effective January 1, 2023.)
  66. 492.

    ## 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. )

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    For stolen evidence of debt or other written instruments, the statute says the value of the stolen item is measured by the amount due, the amount secured, or related recoverable value.

    ## 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. ) ## 492. If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen. (Enacted 1872.)
  67. 493.

    ## 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. )

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    If stolen property is a ticket or similar writing for passage on a railroad, vessel, or other public conveyance, its value is the usual ticket price for that same passage.

    ## 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. ) ## 493. If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad or vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the value of such ticket, paper, or writing. (Enacted 1872.)
  68. 494.

    ## 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. )

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    This chapter applies when the property taken is a completed instrument for payment of money, evidence of debt, a public security, or a passage ticket, even if it has never been issued or delivered.

    ## 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. ) ## 494. All the provisions of this Chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or passage ticket, completed and ready to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner. (Enacted 1872.)
  69. 495.

    ## 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. )

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    This chapter applies when the thing taken is a fixture or part of the realty that is severed at the time of the taking.

    ## 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. ) ## 495. The provisions of this Chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at some previous time. (Enacted 1872.)
  70. 496.

    ## 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. )

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    This section punishes knowing receipt or concealment of stolen property, with different penalties based on property value and prior convictions, and gives injured people a civil damages claim.

    ## 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. ) ## 496. (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no 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. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property. (b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. (c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney’s fees. (d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, 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 November 4, 2014, by initiative Proposition 47, Sec. 9.)
  71. 496.5.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    A person may be guilty of automotive property theft for resale if they unlawfully possess certain vehicle-theft property, do not possess it for personal use, intend to sell or exchange it for value, and the property is worth more than $950.

    ## 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. ) ## 496.5. (a) A person who unlawfully possesses property that was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, whether or not the person committed the act of theft, burglary, or vehicle tampering, is guilty of automotive property theft for resale when both of the following apply: (1) The property is not possessed for personal use and the person has the intent to sell or exchange the property for value, or the intent to act in concert with one or more persons to sell or exchange the property for value. (2) The value of the possessed property exceeds nine hundred fifty dollars ($950). For purposes of determining the value of the property, the property described in paragraph (1) can be considered in the aggregate with any of the following: (A) Any other such property possessed by the person with such intent within the last two years. (B) Any property possessed by another person acting in concert with the first person to sell or exchange the property for value, when that property was acquired through one or more acts of theft from a vehicle, unlawful entry of a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, regardless of the identity of the person committing the acts of theft, burglary, or vehicle tampering. (b) For the purpose of determining, in any proceeding, whether the defendant had the intent to sell or exchange the property for value, the trier of fact may consider any competent evidence, including, but not limited to, the following: (1) Whether the defendant has in the past two years sold or exchanged for value any property acquired through theft from a vehicle, burglary of a locked vehicle, or vehicle tampering as defined in Section 10852 of the Vehicle Code, or through any related offenses, including any conduct that occurred in other jurisdictions, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act, as provided by subdivision (b) of Section 1101 of the Evidence Code. (2) Whether the property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, including use or consumption by one’s immediate family. (c) A violation of subdivision (a) is punishable by imprisonment in the county jail for up to one year or pursuant to subdivision (h) of Section 1170. (d) This section does not preclude or prohibit prosecution under any other law. (Added by Stats. 2024, Ch. 170, Sec. 2. (SB 905) Effective January 1, 2025.)
  72. 496.6.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    A person is guilty of an offense if they unlawfully possess retail property taken by shoplifting, theft, or burglary, and the property is not for personal use, is intended for sale or similar transfer, and is worth more than $950.

    ## 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. ) ## 496.6. (a) Any person who possesses property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, is guilty of the unlawful deprivation of a retail business opportunity when both of the following apply: (1) The property is not possessed for personal use and the person has the intent to sell, exchange, or return the merchandise for value, or the intent to act in concert with one or more persons to sell, exchange, or return the merchandise for value. (2) The value of the possessed property exceeds nine hundred fifty dollars ($950). For purposes of determining the value of the property, the property described in paragraph (1) can be considered in the aggregate with either of the following: (A) Any other such property possessed by the person with such intent within the prior two years. (B) Any property possessed by another person acting in concert with the first person to sell, exchange, or return the merchandise for value, when such property was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, regardless of the identity of the person committing the act of shoplifting, theft, or burglary. (b) For the purpose of determining in any proceeding whether the defendant has the intent to sell, exchange, or return the merchandise for value, the trier of fact may consider any competent evidence, including, but not limited to, the following: (1) Whether the defendant has in the prior two years sold, exchanged, or returned for value merchandise acquired through shoplifting, theft, or burglary from a retail business, or through any related offense, including any conduct that occurred in other jurisdictions, if relevant to demonstrate a fact other than the defendant’s disposition to commit the act, as provided by subdivision (b) of Section 1101 of the Evidence Code. (2) The property involved in the offense is of a type or quantity that would not normally be purchased for personal use or consumption, including use or consumption by one’s immediate family. (c) The criminal deprivation of a retail business opportunity is punishable by imprisonment in the county jail for up to one year or pursuant to subdivision (h) of Section 1170. (Added by Stats. 2024, Ch. 168, Sec. 3. (AB 2943) Effective January 1, 2025.)
  73. 496a

    ## 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. )

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    Dealers or collectors of junk, metals, or secondhand materials must use due diligence before buying certain utility or railroad-related metals, and they must keep seller identity and transaction records.

    ## 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. ) ## 496a. (a) Every person who is a dealer in or collector of junk, metals, or secondhand materials, or the agent, employee, or representative of such dealer or collector, and who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass which they know or reasonably should know is ordinarily used by or ordinarily belongs to a railroad or other transportation, telephone, telegraph, gas, water, or electric light company, or a county, city, city and county, or other political subdivision of this state engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving that property, and shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. (b) Any person who buys or receives material pursuant to subdivision (a) shall obtain evidence of their identity from the seller, including, but not limited to, that person’s full name, signature, address, driver’s license number, and vehicle license number, and the license number of the vehicle delivering the material. (c) The record of the transaction shall include an appropriate description of the material purchased and the record shall be maintained pursuant to Section 21607 of the Business and Professions Code. (Amended by Stats. 2025, Ch. 694, Sec. 3. (AB 476) Effective January 1, 2026.)
  74. 496b

    ## 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. )

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    Dealers, collectors, and their agents or employees must make diligent inquiry before buying or receiving certain library, college, or university materials, especially if the item has ownership marks.

    ## 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. ) ## 496b. Every person who, being a dealer in or collector of second-hand books or other literary material, or the agent, employee or representative of such dealer, or collector, buys or receives any book, manuscript, map, chart, or other work of literature, belonging to, and bearing any mark or indicia of ownership by a public or incorporated library, college or university, without ascertaining by diligent inquiry that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving such property in the first degree if such property be of the value of more than fifty dollars, and is punishable by imprisonment in the county jail for not more than one year, or by a fine of not more than twice the value of the property received, or by both such fine and imprisonment; and is guilty of criminally receiving such property in the second degree if such property be of the value of fifty dollars or under, and is punishable by imprisonment in the county jail for not more than one month, or by a fine of not more than twice the value of the property received, or by both such fine and imprisonment. (Added by Stats. 1923, Ch. 192.)
  75. 496c

    ## 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. )

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    This section makes certain copying, inducing, or knowingly receiving of private, unpublished real-property title records theft.

    ## 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. ) ## 496c. Any person who shall copy, transcribe, photograph or otherwise make a record or memorandum of the contents of any private and unpublished paper, book, record, map or file, containing information relating to the title to real property or containing information used in the business of examining, certifying or insuring titles to real property and belonging to any person, firm or corporation engaged in the business of examining, certifying, or insuring titles to real property, without the consent of the owner of such paper, book, record, map or file, and with the intent to use the same or the contents thereof, or to dispose of the same or the contents thereof to others for use, in the business of examining, certifying, or insuring titles to real property, shall be guilty of theft, and any person who shall induce another to violate the provisions of this section by giving, offering, or promising to such another any gift, gratuity, or thing of value or by doing or promising to do any act beneficial to such another, shall be guilty of theft; and any person who shall receive or acquire from another any copy, transcription, photograph or other record or memorandum of the contents of any private and unpublished paper, book, record, map or file containing information relating to the title to real property or containing information used in the business of examining, certifying or insuring titles to real property, with the knowledge that the same or the contents thereof has or have been acquired, prepared or compiled in violation of this section shall be guilty of theft. The contents of any such private and unpublished paper, book, record, map or file is hereby defined to be personal property, and in determining the value thereof for the purposes of this section the cost of acquiring and compiling the same shall be the test. (Added by Stats. 1931, Ch. 732.)
  76. 496d

    ## 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. )

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    A person who knowingly buys, receives, conceals, sells, withholds, or helps hide or sell certain stolen vehicles or vessels can be punished by jail, prison, and/or 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 496d. (a) Every person who buys or receives any motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code, that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any motor vehicle, trailer, special construction equipment, or vessel from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or a fine of not more than ten thousand dollars ($10,000), or both, or by imprisonment in a county jail not to exceed one year or a fine of not more than one thousand dollars ($1,000), or both. (b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels. (Amended by Stats. 2011, Ch. 15, Sec. 374. (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.)
  77. 496e

    ## 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. )

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    People engaged in scrap metal salvage, recycling, purchase, or sale can commit a crime if they knowingly possess certain stolen items or fail to report possession as required.

    ## 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. ) ## 496e. (a) Any person who is engaged in the salvage, recycling, purchase, or sale of scrap metal and who possesses any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district, or private utility that have been stolen or obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or fails to report possession of the items pursuant to Section 21609.1 of the Business and Professions Code, is guilty of a crime: (1) A fire hydrant or any reasonably recognizable part of that hydrant. (2) Any fire department connection, including, but not limited to, reasonably recognizable bronze or brass fittings and parts. (3) Maintenance hole covers or lids, or any reasonably recognizable part of those maintenance hole covers and lids. (4) Backflow devices and connections to that device, or any part of that device. (5) Reasonably recognizable street lights, traffic signals, and their reasonably recognizable related equipment, including, but not limited to, all of the following: (A) Controller devices. (B) Light-emitting diode (LED) fixtures. (C) Ornamental or historical, modern, or pedestrian poles made of concrete, steel, brass, cast iron, or aluminum. (D) Solar street lighting components, such as solar panels, steel poles, and battery packs. (E) Colocation equipment. (F) Conductors, wiring, and cabling, including fiber optic cables. (G) Cameras. (H) Air quality sensors. (I) Digital banners and signs. (J) Pedestrian and cycling counters. (6) Active grade crossing signals. (7) Sewer flow monitoring station equipment. (8) Sewer pump station instrumentation and controls. (9) Stormwater auto sampling equipment and instrumentation. (10) Stormwater pump station instrumentation and controls. (11) Irrigation wiring. (12) Plaques. (13) Communications or broadband infrastructure or equipment. (14) Electric vehicle chargers. (15) Water meters and water meter components. (b) A person who violates subdivision (a) shall, in addition to any other penalty provided by law, be subject to a criminal fine of not more than five thousand dollars ($5,000). (Amended by Stats. 2025, Ch. 694, Sec. 4. (AB 476) Effective January 1, 2026.)
  78. 497.

    ## 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. )

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    A person who steals, embezzles, or knowingly receives stolen or embezzled property in another state or country and brings it into this state may be convicted and punished as if the crime had been committed here.

    ## 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. ) ## 497. Every person who, in another state or country steals or embezzles the property of another, or receives such property knowing it to have been stolen or embezzled, and brings the same into this state, may be convicted and punished in the same manner as if such larceny, or embezzlement, or receiving, had been committed in this state. (Amended by Stats. 1905, Ch. 554.)
  79. 498.

    ## 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. )

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    This section makes certain unauthorized utility-service conduct a misdemeanor, including diversion, meter tampering, unauthorized connections or reconnections, and benefiting from stolen service with the required knowledge or reason to know.

    ## 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. ) ## 498. (a) The following definitions govern the construction of this section: (1) “Person” means any individual, or any partnership, firm, association, corporation, limited liability company, or other legal entity. (2) “Utility” means any electrical, gas, or water corporation as those terms are defined in the Public Utilities Code, and electrical, gas, or water systems operated by any political subdivision. (3) “Customer” means the person in whose name utility service is provided. (4) “Utility service” means the provision of electricity, gas, water, or any other service provided by the utility for compensation. (5) “Divert” means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility. (6) “Tamper” means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function. (7) “Reconnection” means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility. (b) Any person who, with intent to obtain for himself or herself utility services without paying the full lawful charge therefor, or with intent to enable another person to do so, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following shall be guilty of a misdemeanor: (1) Diverts or causes to be diverted utility services, by any means. (2) Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means. (3) Tampers with any property owned by or used by the utility to provide utility services. (4) Makes or causes to be made any connection with or reconnection with property owned or used by the utility to provide utility services without the authorization or consent of the utility. (5) Uses or receives the direct benefit of all or a portion of utility services with knowledge or reason to believe that the diversion, tampering, or unauthorized connection existed at the time of that use, or that the use or receipt was otherwise without the authorization or consent of the utility. (c) In any prosecution under this section, the presence of any of the following objects, circumstances, or conditions on premises controlled by the customer or by the person using or receiving the direct benefit of all or a portion of utility services obtained in violation of this section shall permit an inference that the customer or person intended to and did violate this section: (1) Any instrument, apparatus, or device primarily designed to be used to obtain utility services without paying the full lawful charge therefor. (2) Any meter that has been altered, tampered with, or bypassed so as to cause no measurement or inaccurate measurement of utility services. (d) If the value of all utility services obtained in violation of this section totals more than nine hundred fifty dollars ($950) or if the defendant has previously been convicted of an offense under this section or any former section which would be an offense under this section, or of an offense under the laws of another state or of the United States which would have been an offense under this section if committed in this state, then the violation is punishable by imprisonment in a county jail for not more than one year, or in the state prison. (e) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 24. (SB 18 3x) Effective January 25, 2010.)
  80. 499.

    ## 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. )

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    People with specified prior vehicle- or vessel-related convictions who are later convicted under Section 499b face imprisonment.

    ## 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. ) ## 499. (a) Any person who, having been convicted of a previous violation of Section 10851 of the Vehicle Code, or of subdivision (d) of Section 487, involving a vehicle or vessel, and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for the offense, is subsequently convicted of a violation of Section 499b, involving a vehicle or vessel, is punishable for the subsequent offense by imprisonment in the county jail not exceeding one year or the state prison for 16 months, two, or three years. (b) Any person convicted of a violation of Section 499b, who has been previously convicted under charges separately brought and tried two or more times of a violation of Section 499b, all such violations involving a vehicle or vessel, and who has been imprisoned therefore as a condition of probation or otherwise at least once, is punishable by imprisonment in the county jail for not more than one year or in the state prison for 16 months, two, or three years. (c) This section shall become operative on January 1, 1997. (Repealed (in Sec. 7) and added by Stats. 1993, Ch. 1125, Sec. 8. Effective October 11, 1993. Section operative January 1, 1997, by its own provisions.)
  81. 499b

    ## 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. )

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    Taking a bicycle or vessel without the owner’s permission to use or operate it temporarily 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 499b. (a) Any person who shall, without the permission of the owner thereof, take any bicycle for the purpose of temporarily using or operating the same, is guilty of a misdemeanor, and shall be punishable by a fine not exceeding four hundred dollars ($400), or by imprisonment in a county jail not exceeding three months, or by both that fine and imprisonment. (b) Any person who shall, without the permission of the owner thereof, take any vessel for the purpose of temporarily using or operating the same, is guilty of a misdemeanor, and shall be punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (Amended by Stats. 2003, Ch. 391, Sec. 1. Effective January 1, 2004.)
  82. 499c

    ## 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. )

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    This section defines several terms related to trade secrets and makes certain trade-secret theft and bribery conduct punishable.

    ## 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. ) ## 499c. (a) As used in this section: (1) “Access” means to approach, a way or means of approaching, nearing, admittance to, including to instruct, communicate with, store information in, or retrieve information from a computer system or computer network. (2) “Article” means any object, material, device, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint, map, or tangible representation of a computer program or information, including both human and computer readable information and information while in transit. (3) “Benefit” means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he or she is interested. (4) “Computer system” means a machine or collection of machines, one or more of which contain computer programs and information, that performs functions, including, but not limited to, logic, arithmetic, information storage and retrieval, communications, and control. (5) “Computer network” means an interconnection of two or more computer systems. (6) “Computer program” means an ordered set of instructions or statements, and related information that, when automatically executed in actual or modified form in a computer system, causes it to perform specified functions. (7) “Copy” means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article. (8) “Representing” means describing, depicting, containing, constituting, reflecting or recording. (9) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (A) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (b) Every person is guilty of theft who, with intent to deprive or withhold the control of a trade secret from its owner, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following: (1) Steals, takes, carries away, or uses without authorization, a trade secret. (2) Fraudulently appropriates any article representing a trade secret entrusted to him or her. (3) Having unlawfully obtained access to the article, without authority makes or causes to be made a copy of any article representing a trade secret. (4) Having obtained access to the article through a relationship of trust and confidence, without authority and in breach of the obligations created by that relationship, makes or causes to be made, directly from and in the presence of the article, a copy of any article representing a trade secret. (c) Every person who promises, offers or gives, or conspires to promise or offer to give, to any present or former agent, employee or servant of another, a benefit as an inducement, bribe or reward for conveying, delivering or otherwise making available an article representing a trade secret owned by his or her present or former principal, employer or master, to any person not authorized by the owner to receive or acquire the trade secret and every present or former agent, employee, or servant, who solicits, accepts, receives or takes a benefit as an inducement, bribe or reward for conveying, delivering or otherwise making available an article representing a trade secret owned by his or her present or former principal, employer or master, to any person not authorized by the owner to receive or acquire the trade secret, shall be punished 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 five thousand dollars ($5,000), or by both that fine and imprisonment. (d) In a prosecution for a violation of this section, it shall be no defense that the person returned or intended to return the article. (Amended by Stats. 2011, Ch. 15, Sec. 375. (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.)
  83. 499d

    ## 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. )

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    A person who takes or operates another person’s aircraft without consent, with intent to deprive the owner, 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 499d. Any person who operates or takes an aircraft not his own, without the consent of the owner thereof, and with intent to either permanently or temporarily deprive the owner thereof of his title to or possession of such vehicle, whether with or without intent to steal the same, or any person who is a party or accessory to or an accomplice in any operation or unauthorized taking or stealing is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000) or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 376. (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.)
  84. 500.

    ## 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. )

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    A person who receives money to transmit it to foreign countries must do one of three specified acts within 10 days, unless the customer instructs 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. ) ## 500. (a) Any person who receives money for the actual or purported purpose of transmitting the same or its equivalent to foreign countries as specified in Section 1800.5 of the Financial Code who fails to do at least one of the following acts unless otherwise instructed by the customer is guilty of a misdemeanor or felony as set forth in subdivision (b): (1) Forward the money as represented to the customer within 10 days of receipt of the funds. (2) Give instructions within 10 days of receipt of the customer’s funds, committing equivalent funds to the person designated by the customer. (3) Refund to the customer any money not forwarded as represented within 10 days of the customer’s written request for a refund pursuant to subdivision (a) of Section 1810.5 of the Financial Code. (b) (1) If the total value of the funds received from the customer is less than nine hundred fifty dollars ($950), the offense set forth in subdivision (a) 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. (2) If the total value of the money received from the customer is nine hundred fifty dollars ($950) or more, or if the total value of all moneys received by the person from different customers is nine hundred fifty dollars ($950) or more, and the receipts were part of a common scheme or plan, the offense set forth in subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two, or three years, by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 377. (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.)
  85. 5000.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

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    References to the Department of Corrections mean the Department of Corrections and Rehabilitation, Division of Adult Operations. The department’s main goal is to help incarcerated people reintegrate into the community through education, treatment, and rehabilitation in a safe and humane setting.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5000. (a) Any reference to the Department of Corrections in this or any other code refers to the Department of Corrections and Rehabilitation, Division of Adult Operations. (b) The primary objective of adult incarceration in the Department of Corrections and Rehabilitation shall be to facilitate the successful reintegration of the individuals in the department’s care back to their communities equipped with the tools to be drug-free, healthy, and employable members of society by providing education, treatment, and rehabilitative and restorative justice programs, all in a safe and humane environment to promote personal growth for all residents, as set forth in the findings and declarations set forth in Sections 1170 and 5000.5. In implementing this objective, the Department of Corrections and Rehabilitation is encouraged to allow all incarcerated persons the opportunity to enroll in programs that promote successful return to the community. (Amended by Stats. 2025, Ch. 225, Sec. 3. (SB 551) Effective January 1, 2026.)
  86. 5000.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

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    The Department of Corrections and Rehabilitation must keep a mission statement aligned with normalization and dynamic security, allow access for community-based programs, and develop staff training on those principles.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5000.5. (a) The Legislature hereby finds and declares that the purpose of incarceration is rehabilitation accomplished only if the period of imprisonment is used to maximize personal growth for all residents and facilitate their reintegration into society upon release, enabling them to lead law-abiding and self-sufficient lives, reducing recidivism. The Legislature finds and declares that community-based organizations are an integral part of achieving the state’s objective of ensuring that all people incarcerated in a state prison have access to rehabilitative programs. (b) The Legislature recognizes that life in prison can never be the same as life in a free society. However, active steps should be taken to make conditions in prison as close to normal life as possible, aside from loss of liberty, and to ensure that this normalization does not lead to inhumane prison conditions. (c) It is the intent of the Legislature that the Department of Corrections and Rehabilitation integrate, to the extent possible, the principles of normalization and dynamic security to establish safer conditions for incarcerated persons and correctional staff. The Legislature recognizes that the principle of dynamic security promotes a healthier environment for correctional officers, staff, and individuals within a correctional facility by improving the relationship between incarcerated individuals and staff. Improved communication, mentorship, and normalization improve health outcomes for department staff and incarcerated individuals by reducing risks such as violent behavior, recidivism, and stress. The Legislature also recognizes the principle of normalization, which states that life inside prison should be as close to life outside of prison as possible, and should prepare incarcerated persons to be productive and contributing members of society upon their release. (d) The Department of Corrections and Rehabilitation is directed to maintain a mission statement consistent with the principles of normalization and dynamic security, shall facilitate access for community-based programs, and should develop training for all correctional staff on the principles of normalization and dynamic security in order to meaningfully effectuate the principles set forth in this section. (Added by Stats. 2025, Ch. 225, Sec. 4. (SB 551) Effective January 1, 2026.)
  87. 5001.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

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    The Governor may ask the State Personnel Board to use recruitment and merit selection procedures to create lists of qualified applicants, and may appoint from those lists or reject all names and appoint others who meet the job requirements.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5001. The Governor may request the State Personnel Board to use extensive recruitment and merit selection techniques and procedures to provide lists of persons qualified for appointment pursuant to Article 14 (commencing with Section 12838) of Chapter 1 of Part 2.5 of Division 3 of the Government Code. The Governor may appoint any person from the lists of qualified persons or may reject all names and appoint other persons who meet the requirements of the positions. (Amended by Stats. 2006, Ch. 538, Sec. 519. Effective January 1, 2007.)
  88. 5002.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

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    The Department of Corrections and Rehabilitation and the Board of Parole Hearings are given the powers and duties of specified predecessor bodies, subject to the limits stated in the section.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5002. (a) The department shall succeed to and is hereby vested with all of the powers and duties exercised and performed by the following departments, boards, bureaus, commissions, and officers when such powers and duties are not otherwise vested by law: (1) The Department of Penology. (2) The State Board of Prison Directors. (3) The Bureau of Paroles. (4) The warden and the clerk of the San Quentin Rehabilitation Center. (5) The warden and the clerk of the California State Prison at Folsom. (6) The warden of and the clerk of the California Institution for Men. (7) The California Crime Commission. (b) Whenever any designation of any of the departments, boards, bureaus, commissions, or officers mentioned in subdivision (a) is contained in any provision of law and this designation is expressly made to refer to the Department of Corrections and Rehabilitation, the Board of State and Community Corrections, or the Board of Parole Hearings, then the Department of Corrections and Rehabilitation, the Board of State and Community Corrections, or the Board of Parole Hearings, to whichever one the designation is made to refer, shall exercise the power or perform the duty exercised or performed by the particular departments, boards, bureaus, or officers mentioned in subdivision (a). (c) The powers and duties of the State Board of Prison Directors and of the clerks of the state prisons and the California Institution for Men are transferred to and shall be exercised and performed by the Department of Corrections and Rehabilitation, except as may be otherwise expressly provided by law. (d) The powers and duties of wardens of the state prisons and the California Institution for Men, presently or hereafter, expressly vested by law in them shall be exercised by them but such exercise shall be subject to the supervision and control of the Secretary of the Department of Corrections and Rehabilitation. All powers and duties not expressly vested in the wardens are transferred to and shall be exercised and performed by the Department of Corrections and Rehabilitation. When the designation of warden is expressly made to refer to the Department of Corrections and Rehabilitation, the department shall exercise the power and perform the duty exercised or performed by the warden. (e) The Board of Parole Hearings shall succeed to and is hereby vested with all of the powers and duties exercised and performed by the following boards when such powers and duties are not otherwise vested by law: (1) The Board of Prison Terms and Paroles. (2) The Advisory Pardon Board. (3) The Adult Authority. (4) The Women’s Board of Terms and Paroles. (5) The Community Release Board. (Amended by Stats. 2023, Ch. 47, Sec. 18. (AB 134) Effective July 10, 2023.)
  89. 5003.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department has jurisdiction over the listed prisons and institutions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5003. The department has jurisdiction over all of the following prisons and institutions: (a) Avenal State Prison. (b) California Correctional Institution. (c) California Health Care Facility, Stockton. (d) California Institution for Men. (e) California Institution for Women. (f) California Men’s Colony. (g) California Medical Facility. (h) California Rehabilitation Center. (i) California State Prison, Corcoran. (j) California State Prison, Los Angeles County. (k) California State Prison, Sacramento. (l) California State Prison, Solano. (m) California State Prison, Centinela. (n) Calipatria State Prison. (o) Central California Women’s Facility. (p) Chuckawalla Valley State Prison. (q) Correctional Training Facility. (r) Folsom State Prison. (s) High Desert State Prison. (t) Ironwood State Prison. (u) Kern Valley State Prison. (v) Mule Creek State Prison. (w) North Kern State Prison. (x) Pelican Bay State Prison. (y) Pleasant Valley State Prison. (z) Richard J. Donovan Correctional Facility. (aa) Salinas Valley State Prison. (ab) San Quentin Rehabilitation Center. (ac) Sierra Conservation Center. (ad) Substance Abuse Treatment Facility and State Prison, Corcoran. (ae) Valley State Prison. (af) Wasco State Prison. (ag) Other institutions and prison facilities that the Department of Corrections and Rehabilitation or the Secretary of the Department of Corrections and Rehabilitation may be authorized by law to establish. (Repealed and added by Stats. 2024, Ch. 49, Sec. 11. (AB 168) Effective July 2, 2024.)
  90. 5003.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department generally may not contract with or renew contracts with private for-profit prison facilities, and after January 1, 2028, covered people may not be incarcerated in those 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5003.1. (a) On or after January 1, 2020, the department shall not enter into a contract with a private, for-profit prison facility located in or outside of the state to provide housing for state prison inmates. (b) On or after January 1, 2020, the department shall not renew an existing contract with a private, for-profit prison facility located in or outside of the state to incarcerate state prison inmates. (c) After January 1, 2028, a state prison inmate or other person under the jurisdiction of the department shall not be incarcerated in a private, for-profit prison facility. (d) As used in this section, “private, for-profit prison facility” does not include a facility that is privately owned, but is leased and operated by the department. (e) Notwithstanding subdivisions (a) and (b), the department may renew or extend a contract with a private, for-profit prison facility to provide housing for state prison inmates in order to comply with the requirements of any court-ordered population cap. (Added by Stats. 2019, Ch. 739, Sec. 1. (AB 32) Effective January 1, 2020.)
  91. 5003.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation, or a designee, must give written notice before certain reception center or parole office location changes, including at least 90 days’ notice to specified statewide groups.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5003.2. (a) The Secretary of the Department of Corrections and Rehabilitation, or his or her designee, shall provide written notification to any county impacted by the opening, closing, or changing of location of any reception center that accepts prisoners from county facilities, or by the opening, closing, or changing of the location of a parole office. Written notification of these changes shall also be provided to the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California at least 90 days prior to the proposed change. (b) The notification requirement in this section shall not apply to the opening, closing, or changing of location of a facility due to an emergency created by a riot, quarantine, or natural disaster. (Added by Stats. 2013, Ch. 32, Sec. 13. (SB 76) Effective June 27, 2013.)
  92. 5003.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Board of Parole Hearings and the Secretary of the Department of Corrections and Rehabilitation must meet and exchange information and advice, and each may advise and recommend the other on policy and procedure matters tied to their duties.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5003.5. The Board of Parole Hearings is empowered to advise and recommend to the Secretary of the Department of Corrections and Rehabilitation on general and specific policies and procedures relating to the duties and functions of the secretary. The secretary is empowered to advise and recommend to the board on matters of general and specific policies and procedures, relating to the duties and functions of the board. The secretary and the board shall meet for purposes of exchange of information and advice. (Amended by Stats. 2005, Ch. 10, Sec. 34. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  93. 5004.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Director of Corrections and county or city legislative bodies may make mutual police aid agreements, and the director may authorize state prison or institution employees to assist local peace officers during existing emergencies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5004. The Director of Corrections and the legislative body of any county or city may enter into agreements for mutual police aid. Pursuant to such agreements the director may authorize employees of state prisons and institutions to cooperate, anywhere within the State, with county and city peace officers in connection with any existing emergency. While so employed the employees shall have all the benefits of workmen’s compensation laws, retirement laws, and all other similar laws and for such purposes shall be deemed to be performing services in the course of their regular official duties. (Added by Stats. 1949, Ch. 870.)
  94. 5004.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The director must require each state prison to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement, and the plan must be submitted for annual review to the local city council and county board of supervisors.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5004.5. The director shall require each state prison under the department’s jurisdiction to develop a Mutual Aid Escape Pursuit Plan and Agreement with local law enforcement agencies. The plan, together with any supporting information, shall be submitted for annual review to the city council of the city containing or nearest to the institution and to the county board of supervisors of the county containing the prison. Nothing in this section shall require the department to disclose any information which may threaten the security of an institution or the safety of the surrounding community. (Added by Stats. 1984, Ch. 608, Sec. 1. Effective July 19, 1984.)
  95. 5004.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must create a statewide policy for handling threats against staff, include notification and investigation procedures, provide training, make a copy available on request, and fully implement the policy by July 1, 2016.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5004.7. (a) The department shall establish a statewide policy on operational procedures for the handling of threats made by inmates or wards, and threats made by family members of inmates or wards, against department staff. The policy shall include methods to ensure that department staff members are advised of threats made against them by inmates, wards, or family members of inmates or wards, and shall require that all threats against department staff made by inmates, wards, or family members of inmates or wards are thoroughly investigated. A copy of the statewide policy shall be accessible to members of the public upon request. (b) This section does not prohibit an individual institution within the department from developing a more detailed notification procedure for advising staff members of threats made against them. If an individual institution has a more detailed policy, the policy shall be accessible to every member of the staff of the institution. (c) The department shall provide training on the policy developed pursuant to this section as part of its existing training programs. (d) The policy developed pursuant to this section shall be fully implemented by July 1, 2016. (Added by Stats. 2015, Ch. 195, Sec. 1. (AB 293) Effective August 13, 2015.)
  96. 5006.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    Money held for inmates’ benefit must be deposited into the Inmate Welfare Fund and used only for inmates’ benefit and welfare, with required audits and reporting.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5006. (a) (1) All moneys now held for the benefit of inmates currently housed in Department of Corrections and Rehabilitation facilities including those known as the Inmate Canteen Fund of the California Institution for Men; the Inmate Welfare Fund of the California Institution for Women; the Trust Contingent Fund of the California State Prison at Folsom; the S.P.L. Commissary, Canteen Account, Hobby Association, Camp Account, Library Fund, News Agency of the San Quentin Rehabilitation Center, the Prisoners’ Fund; and the Prisoners’ Employment Fund, shall be deposited in the Inmate Welfare Fund of the Department of Corrections and Rehabilitation, in the State Treasury, which is hereby created. The money in the fund shall be used solely for the benefit and welfare of inmates of prisons and institutions under the jurisdiction of the Department of Corrections and Rehabilitation, including the following: (A) The establishment, maintenance, employment of personnel for, and purchase of items for sale to inmates at canteens maintained at the state institutions. (B) The establishment, maintenance, employment of personnel, and necessary expenses in connection with the operation of the hobby shops at institutions under the jurisdiction of the department. (C) Educational programs, hobby and recreational programs, which may include physical education activities and hobby craft classes, inmate family visiting services, leisure-time activities, and assistance with obtaining photo identification from the Department of Motor Vehicles. (D) Funding for innovative programming by not-for-profit organizations offering programs that have demonstrated success and focus on offender responsibility and restorative justice principles. All funding used for this purpose shall go directly to the not-for-profit organizations and shall not be used for department staff or administration of the programming. (2) The warden of each institution, in collaboration with at least two representatives from local or state advocacy groups for inmates and two members of either the men’s or women’s advisory council or similar group within each institution, shall meet at least biannually to determine how the money in the fund shall be used to benefit the inmates of the respective institution. It is the intent of the Legislature that the funds only be expended on services other than those that the department is required to provide to inmates. (b) There shall be deposited in the Inmate Welfare Fund all net proceeds from the operation of canteens and hobby shops and any moneys that may be assigned to the state prison by prisoners for deposit in the fund. The moneys in the fund shall constitute a trust held by the Secretary of the Department of Corrections and Rehabilitation for the benefit and welfare, as herein defined, of all of the inmates of institutions and prisons under the jurisdiction of the department. (c) The Department of Finance shall conduct a biennial audit of the Inmate Welfare Fund to include an audit report that shall summarize expenditures from the fund by major categories. At the end of each intervening fiscal year, a statement of operations shall be prepared that shall contain the same information as would be provided in the biennial audit. At least one copy of any statement of operations or audit report shall be placed in each library maintained by the Department of Corrections and Rehabilitation and shall be available there to any inmate. (Amended by Stats. 2023, Ch. 47, Sec. 20. (AB 134) Effective July 10, 2023.)
  97. 5006.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    Money in the Inmate Welfare Fund may not be used to pay certain staff and television-related charges, and the department must pay those charges from appropriated funds instead.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5006.1. (a) Notwithstanding any provision in Section 5006, money in the Inmate Welfare Fund shall not be expended to pay charges for any or all of the following purposes: (1) Overtime for staff coverage of special events. (2) Television repair. (3) Original complement of television sets and replacement of television equipment. (b) The department shall pay these charges out of any money appropriated for these purposes. (Amended by Stats. 2012, Ch. 831, Sec. 3. (SB 542) Effective January 1, 2013.)
  98. 5007.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation may invest unused Inmate Welfare Fund money if the Department of Finance approves, and any interest or other gains from those investments must be paid back into 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5007. The Secretary of the Department of Corrections and Rehabilitation may invest money in the Inmate Welfare Fund that in his or her opinion is not necessary for immediate use, with the approval of the Department of Finance, and interest earned and other increment derived from investments made pursuant to this section shall be paid into the Inmate Welfare Fund of the Department of Corrections and Rehabilitation. (Amended by Stats. 2012, Ch. 831, Sec. 4. (SB 542) Effective January 1, 2013.)
  99. 5007.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must run the CARE Grant program, and a steering committee must set criteria, choose grantees, and set grant amounts. Applicants must provide available evaluations and surveys, and certain committee members cannot apply for grants or receive compensation from grantee nonprofits/CBOs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5007.3. (a) (1) The department shall establish the California Reentry and Enrichment (CARE) Grant program to provide grants to community-based organizations (CBOs) that provide rehabilitative services to incarcerated individuals. (2) Grants shall be awarded by the steering committee established pursuant to subdivision (b) based on the following criteria: (A) The steering committee shall prioritize the continuation, expansion, or replication of rehabilitative programs that have previously demonstrated success with incarcerated individuals within a correctional environment. This subparagraph does not disqualify a relatively new CBO that has programming that shows promise from applying for, or receiving, a grant. (B) Grants shall be awarded to fund programs that provide insight-oriented restorative justice and offender accountability programs that can demonstrate that the approach has produced, or will produce, positive outcomes in department facilities, including, but not limited to: (i) Increasing empathy and mindfulness. (ii) Increasing resilience and reducing the impacts of stress and trauma. (iii) Reducing violence in the form of physical aggression, verbal aggression, anger, and hostility. (iv) Successfully addressing and treating the symptoms of post-traumatic stress disorder. (v) Victim impacts and understanding. (C) To the extent that the information is available, applicants shall provide evaluations and surveys, including qualitative and quantitative information, from current and former program participants and any program evaluation data conducted by an outside research organization. (b) The department shall establish a CARE Grant program steering committee, which shall establish grant criteria, select grant recipients, and determine grant amounts and the number of grants. Members of the steering committee shall be chosen as a result of consultation with the Senate and Assembly, as follows: (1) One member shall be an educator or trainer in the field of criminal justice, with specific knowledge and experience working with adult offenders. (2) One member shall be a researcher with specific expertise evaluating the effectiveness of rehabilitative treatment for adult offenders. (3) Two members shall be representatives for community-based organizations with experience working with the department on CBO-led programs. The CBO representative is ineligible to apply for a grant and shall not receive any compensation from another nonprofit/CBO that receives a CARE grant. (4) Two members shall have firsthand knowledge of rehabilitative CBO- or department-led programming through active participation and completion of courses within the preceding five years. These members are ineligible to apply for a grant and shall not receive any compensation from another nonprofit or CBO that receives a CARE grant. (5) Two members shall be representatives of the Division of Rehabilitative Programs within the department who have had experience working directly with CBO programs. (6) One member shall be a representative from the Division of Adult Institutions to provide insight and knowledge of the most effective CBO programs. (c) Prior to the release of the grant application, the department shall survey all adult prisons to determine which are able to support new programs provided by the grantees. A list of prisons that are able to add additional programs shall be clearly listed in the request for applications. All prisons that agree to accept additional programs, agree to facilitate and support the grantee organizations in the provision of those programs. Once grant applications are selected by the committee, should a prison determine that the specific programs cannot safely or adequately be provided in their particular prison, the Division of Adult Institutions, Department of Corrections and Rehabilitation shall provide detailed information, in writing, to the steering committee on the specific reasons for being unable to offer the program. (d) To the extent amendments are made to a contract, after the contract is awarded, that result in a significant change in the level of service provided by a grantee, the department shall submit the contract amendment to the steering committee for approval prior to executing the amendment. (e) Each member of the steering committee shall receive one hundred dollars ($100) for each day in which that committee member is engaged in the performance of official duties. The performance of official duties includes all meetings, reviewing draft application and scoring documents, reading and evaluating grant applications, and any prison visits agreed to by the committee to review grantee programs. Total compensation shall not exceed five thousand dollars ($5,000) per committee member, per year. A government employee who is participating in the committee as part of their job and is continuing to receive their regular salary is not eligible for compensation. In addition to the compensation, all members of the committee shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. Any costs pursuant to this subdivision will be paid from CARE grant funding appropriated in the annual Budget Act. (Amended by Stats. 2025, Ch. 10, Sec. 7. (AB 134) Effective June 27, 2025.)
  100. 5007.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    This section establishes the Delancey Street Restaurant Management Program, requires the department to run it with the Delancey Street Foundation, and exempts the program’s operation from listed laws and regulations.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5007.4. (a) (1) The Delancey Street Restaurant Management Program is hereby established for the purpose of teaching marketable skills useful to incarcerated persons for reemployment opportunities upon their release from state prison. The program shall focus on restaurant operation, service, and hospitality. (2) (A) The program shall be operated by the department in consultation with the Delancey Street Foundation. (B) The foundation shall be aware of, and comply with, all federal and state statutes, rules, regulations, and department policies and directives. Notwithstanding subdivision (b), department policies and directives shall include, but are not limited to, the California Correctional Health Care Services Health Care Department Operations Manual, Title 15 of the California Code of Regulations, policy memoranda issued by the Secretary of the Department of Corrections and Rehabilitation or jointly with the receiver of the California Correctional Health Care Services, and any similar departmentwide guidance issued by proper authority, of which the foundation has been informed by the department or that has been published on the department’s public internet website. (b) Operation of the program is exempt from all of the following: (1) Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code. (2) Section 2807. (3) The Public Contract Code. (4) The State Contracting Manual. (5) Section 599.652 of Title 2 of the California Code of Regulations. (6) Sections 3054.6, 3054.7, and 3056 of Title 15 of the California Code of Regulations. (c) Beginning November 1, 2023, and annually thereafter, the department shall make available, upon request, the total expenditures and revenue collected for the program during the previous fiscal year. (Added by Stats. 2022, Ch. 58, Sec. 25. (AB 200) Effective June 30, 2022.)
  101. 5007.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

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    The Secretary of the Department of Corrections and Rehabilitation may not charge a fee for an inmate-initiated medical visit for an inmate in 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5007.5. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an inmate-initiated medical visit of an inmate confined in the state prison. (Repealed and added by Stats. 2019, Ch. 570, Sec. 5. (AB 45) Effective January 1, 2020.)
  102. 5007.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

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    The Secretary of the Department of Corrections and Rehabilitation must not charge incarcerated people a fee to request, review, or use their medical records.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5007.6. The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for an incarcerated person to request, review, or use their medical records. (Added by Stats. 2022, Ch. 837, Sec. 1. (SB 1139) Effective January 1, 2023.)
  103. 5007.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    Inmates with $25 or less in their trust account for 30 consecutive days are deemed indigent, and indigent inmates must receive basic hygiene supplies and resources to communicate with and access the courts.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5007.7. An inmate who has maintained an inmate trust account with twenty-five dollars ($25) or less for 30 consecutive days shall be deemed indigent. An indigent inmate shall receive basic supplies necessary for maintaining personal hygiene. An indigent inmate shall be provided with sufficient resources to communicate with and access the courts, including, but not limited to, stamps, writing materials, envelopes, paper, and the services of a notary for the purpose of notarizing a signature on a document, as required. (Added by Stats. 2018, Ch. 764, Sec. 1. (AB 2533) Effective January 1, 2019.)
  104. 5007.9.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation may not charge inmates a fee for medically necessary durable medical equipment or medical supplies in 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5007.9. (a) The Secretary of the Department of Corrections and Rehabilitation shall not charge a fee for durable medical equipment or medical supplies provided to an inmate confined in the state prison as medically necessary to ensure the inmate has equal access to prison services, programs, or activities. (b) (1) For purposes of this section, “durable medical equipment” means equipment that is prescribed by a licensed provider to meet the medical needs of an inmate and that meets all of the following criteria: (A) The equipment can withstand repeated use. (B) The equipment is used to serve a medical purpose. (C) The equipment is not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly. (D) The equipment is appropriate for use in or out of the prison. (2) Durable medical equipment includes, but is not limited to, eyeglasses, artificial eyes, dentures, artificial limbs, orthopedic braces and shoes, and hearing aids. (c) For purposes of this section, “medical supplies” means supplies that are prescribed by a licensed provider to meet the medical needs of an inmate and that meet all of the following criteria: (1) The supplies cannot withstand repeated use. (2) The supplies are usually disposable in nature. (3) The supplies are used to serve a medical purpose. (4) The supplies are not normally useful to an individual in the absence of an illness, injury, functional impairment, or congenital anomaly. (5) The supplies are intended for use in an outpatient setting. (Added by Stats. 2019, Ch. 570, Sec. 6. (AB 45) Effective January 1, 2020.)
  105. 5008.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation must place inmate funds in trust with the Treasurer and may invest them in specified bank accounts or securities.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5008. The Secretary of the Department of Corrections and Rehabilitation shall deposit any funds of inmates in his or her possession in trust with the Treasurer pursuant to Section 16305.3 of the Government Code. However, the Secretary of the Department of Corrections and Rehabilitation, shall deposit those funds of inmates in interest-bearing bank accounts or invest or reinvest the funds in any of the securities that are described in Article 1 (commencing with Section 16430) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code and for the purposes of deposit or investment only may mingle the funds of any inmate with the funds of other inmates. Any interest or increment accruing on those funds, less expenses incurred in the investment, shall be deposited in individual inmate or parolee trust accounts on a proportional basis depending upon the amount of funds each individual inmate or parolee account has on deposit. (Amended by Stats. 2008, Ch. 210, Sec. 1. Effective January 1, 2009.)
  106. 5008.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Director of Corrections must give inmates HIV/AIDS prevention information, and must give inmates nearing release or parole information about AIDS-related services; the Director of Health Services or a designee must approve the dissemination protocols.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5008.1. Subject to the availability of adequate state funding for these purposes, the Director of Corrections shall provide all inmates at each penal institution and prison facility under the jurisdiction of the department with information about behavior that places a person at high risk for contracting the human immunodeficiency virus (HIV), and about the prevention of transmission of acquired immune deficiency syndrome (AIDS). The director shall provide all inmates, who are within one month of release or being placed on parole, with information about agencies and facilities that provide testing, counseling, medical, and support services for AIDS victims. Information about AIDS prevention shall be solicited by the director from the State Department of Health Services, the county health officer, or local agencies providing services to persons with AIDS. The Director of Health Services, or his or her designee, shall approve protocols pertaining to the information to be disseminated under this section. (Added by Stats. 1988, Ch. 1301, Sec. 2.)
  107. 5008.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must give inmates hepatitis C information at intake and must provide or offer hepatitis C screening, with testing kept confidential.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5008.2. (a) During the intake medical examination or intake health screening, or while providing general information during intake, the department shall provide all inmates with information on hepatitis C, including, but not limited to, methods of hepatitis C transmission and prevention, and information on opportunities for screening and treatment while incarcerated. This subdivision shall be implemented only to the extent that brochures, other printed information, or other media is provided at no charge to the department by public health agencies or any other organization promoting hepatitis C education. (b) The department shall also provide hepatitis C screening to all inmates who request it, and offer it to inmates that have a history of intravenous drug use or other risk factors for hepatitis C. This testing shall be confidential. (Amended by Stats. 2019, Ch. 570, Sec. 7. (AB 45) Effective January 1, 2020.)
  108. 5009.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

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    Prisoners are meant to have reasonable opportunities for religious exercise and religious accommodations. After an inmate is transferred, previously authorized clergy or spiritual advisers must be allowed visitation within 72 hours unless extraordinary circumstances apply. Chaplains may also continue ministering to parolees if they notify the warden and parole agent in writing.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5009. (a) (1) It is the intent of the Legislature that all prisoners shall be afforded reasonable opportunities to exercise religious freedom. (2) It is the intent of the Legislature that all prisoners shall be afforded religious grooming, clothing, and headwear accommodations in accordance with Section 2607. (b) (1) Except in extraordinary circumstances, upon the transfer of an inmate to another state prison institution, any member of the clergy or spiritual adviser who has been previously authorized by the Department of Corrections and Rehabilitation to visit that inmate shall be granted visitation privileges at the institution to which the inmate is transferred within 72 hours of the transfer. (2) Visitations by members of the clergy or spiritual advisers shall be subject to the same rules, regulations, and policies relating to general visitations applicable at the institution to which the inmate is transferred. (3) A departmental or volunteer chaplain who has ministered to or advised an inmate incarcerated in state prison may, voluntarily and without compensation, continue to minister to or advise the inmate while they are on parole, provided that the departmental or volunteer chaplain so notifies the warden and the parolee’s parole agent in writing. (c) Nothing in this section limits the department’s ability to prohibit a departmental chaplain from ministering to a parolee, or to exclude a volunteer chaplain from department facilities, if either is found to be in violation of any law or regulation and that violation would ordinarily be grounds for adverse action or denial of access to a facility or person under the department’s custody. (Amended by Stats. 2023, Ch. 388, Sec. 4. (SB 309) Effective January 1, 2024.)
  109. 501.

    ## 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. )

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    In a larceny or embezzlement trial, the charge is still supported even if the exact type or denomination of the money or securities is not proved.

    ## 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. ) ## 501. Upon a trial for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, the allegation of the indictment or information, so far as regards the description of the property, is sustained, if the offender be proved to have embezzled or stolen any money, bank notes, certificates of stock, or valuable security, although the particular species of coin or other money, or the number, denomination, or kind of bank notes, certificates of stock, or valuable security, is not proved; and upon a trial for embezzlement, if the offender is proved to have embezzled any piece of coin or other money, any bank note, certificate of stock, or valuable security, although the piece of coin or other money, or bank note, certificate of stock, or valuable security, may have been delivered to him or her in order that some part of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly. (Added by Stats. 1989, Ch. 897, Sec. 21.)
  110. 5010.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    California correctional departments must adopt regulations on inmate access to weights, and they may require training and restrict access for safety or orderly operation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5010. (a) The Legislature hereby finds and declares that the predominant purpose of exercise in correctional facilities should be for the maintenance of the general health and welfare of inmates and that exercise equipment and programs in correctional facilities should be consistent with this purpose. The Legislature further finds and declares that in some cases it may be beneficial to provide access to weights for therapeutic or rehabilitative reasons under a doctor’s order or for certain vocational activities such as firefighting. (b) It is the intent of the Legislature that both the Department of Corrections and the Department of the Youth Authority eliminate or restrict access to weights and weight lifting equipment where it is determined that the particular type of equipment involved or the particular prison population or inmate involved poses a safety concern both in the correctional facility and to the public upon release. In those instances where inmates are allowed access to weights and weight lifting equipment, access shall be a privilege. As a condition of inmate access to weights and weight lifting equipment, the departments may require inmates to participate in training in the proper use of weights and weight lifting equipment that emphasizes departmental rules and safety practices that must be observed when using weights and weight lifting equipment. The directors of the departments, or their respective designees, may restrict individual or group access to weights and weight lifting equipment as deemed necessary for the orderly operation of the correctional facility. (c) On or before July 1, 1995, both the Department of Corrections and the Department of the Youth Authority shall adopt regulations governing inmate access to weight lifting and weight training equipment in state prison and California Youth Authority facilities, respectively. In developing these regulations, the departments shall consider each of the following: (1) Some prisoners may utilize weight equipment to develop strength and increase body mass and size rather than for the maintenance of general health. This use of weight equipment may create a risk of harm to other inmates, correctional officers, and staff and, upon release, to law enforcement officers and the general public. (2) The improper use of weights and weight lifting equipment may result in injuries that require costly medical attention. (3) Access to weights and weight lifting equipment by inmates may result in the use of the equipment by inmates to attack other inmates or correctional officers. (Amended by Stats. 2004, Ch. 193, Sec. 148. Effective January 1, 2005.)
  111. 5011.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Department of Corrections and the Board of Prison Terms may not require an inmate to admit guilt as a condition of treatment, custody, or setting parole dates.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5011. (a) The Department of Corrections shall not require, as a condition for any form of treatment or custody that the department offers, an admission of guilt to any crime for which an inmate was committed to the custody of the department. (b) The Board of Prison Terms shall not require, when setting parole dates, an admission of guilt to any crime for which an inmate was committed. (Amended by Stats. 1979, Ch. 255.)
  112. 502.

    ## 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 unauthorized computer access and related computer misuse a crime, sets penalties, and allows civil suits by affected owners or lessees.

    ## 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. ) ## 502. (a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in a concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems, and computer data. The Legislature further finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems, and computer data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies, and others within this state that lawfully utilize those computers, computer systems, and data. (b) For the purposes of this section, the following terms have the following meanings: (1) “Access” means to gain entry to, instruct, cause input to, cause output from, cause data processing with, or communicate with, the logical, arithmetical, or memory function resources of a computer, computer system, or computer network. (2) “Computer network” means any system that provides communications between one or more computer systems and input/output devices, including, but not limited to, display terminals, remote systems, mobile devices, and printers connected by telecommunication facilities. (3) “Computer program or software” means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions. (4) “Computer services” includes, but is not limited to, computer time, data processing, or storage functions, internet services, electronic mail services, electronic message services, or other uses of a computer, computer system, or computer network. (5) “Computer system” means a device or collection of devices, including support devices and excluding calculators that are not programmable and capable of being used in conjunction with external files, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions, including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control. A “computer system” includes, without limitation, any such device or system that is located within, connected to, or otherwise integrated with, any motor vehicle as defined in Section 415 of the Vehicle Code. (6) “Government computer system” means any computer system, or part thereof, that is owned, operated, or used by any federal, state, or local governmental entity. (7) “Public safety infrastructure computer system” means any computer system, or part thereof, that is necessary for the health and safety of the public including computer systems owned, operated, or used by drinking water and wastewater treatment facilities, hospitals, emergency service providers, telecommunication companies, and gas and electric utility companies. (8) “Data” means a representation of information, knowledge, facts, concepts, computer software, or computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device. (9) “Supporting documentation” includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software. (10) “Injury” means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access, or the denial of access to legitimate users of a computer system, network, or program. (11) “Victim expenditure” means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by the access. (12) “Computer contaminant” means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network. (13) “Internet domain name” means a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the rightmost character string specifying the top of the hierarchy. (14) “Electronic mail” means an electronic message or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. (15) “Profile” means either of the following: (A) A configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer. (B) An Internet website user’s personal page or section of a page that is made up of data, in text or graphical form, that displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements. (c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense: (1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data. (2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. (3) Knowingly and without permission uses or causes to be used computer services. (4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network. (5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network. (6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section. (7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network. (8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network. (9) Knowingly and without permission uses the internet domain name or profile of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby damages or causes damage to a computer, computer data, computer system, or computer network. (10) Knowingly and without permission disrupts or causes the disruption of government computer services or denies or causes the denial of government computer services to an authorized user of a government computer, computer system, or computer network. (11) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network. (12) Knowingly and without permission disrupts or causes the disruption of public safety infrastructure computer system computer services or denies or causes the denial of computer services to an authorized user of a public safety infrastructure computer system computer, computer system, or computer network. (13) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or public safety infrastructure computer system computer, computer system, or computer network in violation of this section. (14) Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network. (d) (1) Any person who violates any of the provisions of paragraph (1), (2), (4), (5), (10), (11), or (12) of subdivision (c) is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years and a fine not exceeding ten thousand dollars ($10,000), or a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (2) Any person who violates paragraph (3) of subdivision (c) is punishable as follows: (A) For the first violation that does not result in injury, and where the value of the computer services used does not exceed nine hundred fifty dollars ($950), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (B) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000) or in an injury, or if the value of the computer services used exceeds nine hundred fifty dollars ($950), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (3) Any person who violates paragraph (6), (7), or (13) of subdivision (c) is punishable as follows: (A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000). (B) For any violation that results in a victim expenditure in an amount not greater than five thousand dollars ($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (C) For any violation that results in a victim expenditure in an amount greater than five thousand dollars ($5,000), by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (4) Any person who violates paragraph (8) or (14) of subdivision (c) is punishable as follows: (A) For a first violation that does not result in injury, a misdemeanor punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (B) For any violation that results in injury, or for a second or subsequent violation, 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 imprisonment. (5) Any person who violates paragraph (9) of subdivision (c) is punishable as follows: (A) For a first violation that does not result in injury, an infraction punishable by a fine not exceeding one thousand dollars ($1,000). (B) For any violation that results in injury, or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (e) (1) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss by reason of a violation of any of the provisions of subdivision (c) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief. Compensatory damages shall include any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access. For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code. (2) In any action brought pursuant to this subdivision the court may award reasonable attorney’s fees. (3) A community college, state university, or academic institution accredited in this state is required to include computer-related crimes as a specific violation of college or university student conduct policies and regulations that may subject a student to disciplinary sanctions up to and including dismissal from the academic institution. This paragraph shall not apply to the University of California unless the Board of Regents adopts a resolution to that effect. (4) In any action brought pursuant to this subdivision for a willful violation of the provisions of subdivision (c), where it is proved by clear and convincing evidence that a defendant has been guilty of oppression, fraud, or malice as defined in subdivision (c) of Section 3294 of the Civil Code, the court may additionally award punitive or exemplary damages. (5) No action may be brought pursuant to this subdivision unless it is initiated within three years of the date of the act complained of, or the date of the discovery of the damage, whichever is later. (f) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope and protection of state or federal labor laws. (g) Any computer, computer system, computer network, or any software or data, owned by the defendant, that is used during the commission of any public offense described in subdivision (c) or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of subdivision (c) shall be subject to forfeiture, as specified in Section 502.01. (h) (1) Subdivision (c) does not apply to punish any acts which are committed by a person within the scope of lawful employment. For purposes of this section, a person acts within the scope of employment when the person performs acts which are reasonably necessary to the performance of their work assignment. (2) Paragraph (3) of subdivision (c) does not apply to penalize any acts committed by a person acting outside of their lawful employment, provided that the employee’s activities do not cause an injury, to the employer or another, or provided that the value of supplies or computer services which are used does not exceed an accumulated total of two hundred fifty dollars ($250). (i) No activity exempted from prosecution under paragraph (2) of subdivision (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c) shall be prosecuted under those paragraphs. (j) For purposes of bringing a civil or a criminal action under this section, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction. (k) In determining the terms and conditions applicable to a person convicted of a violation of this section the court shall consider the following: (1) The court shall consider prohibitions on access to and use of computers. (2) Except as otherwise required by law, the court shall consider alternate sentencing, including community service, if the defendant shows remorse and recognition of the wrongdoing, and an inclination not to repeat the offense. (Amended by Stats. 2019, Ch. 16, Sec. 1. (AB 814) Effective January 1, 2020.)
  113. 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    This section lets the court decide whether certain property is subject to forfeiture and sets notice, hearing, and claim procedures.

    ## 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. ) ## 502.01. (a) As used in this section: (1) “Property subject to forfeiture” means any property of the defendant that is illegal telecommunications equipment as defined in subdivision (g) of Section 502.8, or a computer, computer system, or computer network, and any software or data residing thereon, if the telecommunications device, computer, computer system, or computer network was used in committing a violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, or 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or was used as a repository for the storage of software or data obtained in violation of those provisions. Forfeiture shall not be available for any property used solely in the commission of an infraction. If the defendant is a minor, it also includes property of the parent or guardian of the defendant. (2) “Sentencing court” means the court sentencing a person found guilty of violating or conspiring to commit a violation of subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 422, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, or, in the case of a minor, found to be a person described in Section 602 of the Welfare and Institutions Code because of a violation of those provisions, the juvenile court. (3) “Interest” means any property interest in the property subject to forfeiture. (4) “Security interest” means an interest that is a lien, mortgage, security interest, or interest under a conditional sales contract. (5) “Value” has the following meanings: (A) When counterfeit items of computer software are manufactured or possessed for sale, the “value” of those items shall be equivalent to the retail price or fair market price of the true items that are counterfeited. (B) When counterfeited but unassembled components of computer software packages are recovered, including, but not limited to, counterfeited computer diskettes, instruction manuals, or licensing envelopes, the “value” of those components of computer software packages shall be equivalent to the retail price or fair market price of the number of completed computer software packages that could have been made from those components. (b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing. (c) (1) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure. (2) A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and shall send a copy of the motion to the prosecuting agency and to the probation department. (3) If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of, or conspiracy to commit a violation of, subdivision (b) of Section 272, Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 475, 476, 480, 483.5, 484g, or subdivision (a), (b), or (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) or (c) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, 537e, 593d, 593e, 646.9, or subdivision (j) of Section 647, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for a violation. (d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply: (1) The court shall determine the value of the property. (2) The court shall determine the value of each valid interest in the property. (3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest. If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor. (1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing. (2) The computer or telecommunications device shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer or telecommunications device owned by the parent or guardian for two years after the date on which the minor is sentenced. (3) If the minor is convicted of a violation of Section 288, 288.2, 311.1, 311.2, 311.3, 311.4, 311.5, 311.10, 311.11, 470, 470a, 472, 476, 480, or subdivision (b) of Section 484e, subdivision (d) of Section 484e, subdivision (a) of Section 484f, subdivision (b) of Section 484i, subdivision (c) of Section 502, or Section 502.7, 502.8, 529, 529a, 530.5, or subdivision (j) of Section 647, within two years after the date on which the minor is sentenced, and the violation involves a computer or telecommunications device owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2). (4) Notwithstanding paragraph (1), (2), or (3), or any other provision of this chapter, if a minor’s parent or guardian makes full restitution to the victim of a crime enumerated in this chapter in an amount or manner determined by the court, the forfeiture provisions of this chapter do not apply to the property of that parent or guardian if the property was located in the family’s primary residence during the commission of the crime. (f) Notwithstanding any other provision of this chapter, the court may exercise its discretion to deny forfeiture where the court finds that the convicted defendant, or minor adjudicated to come within the jurisdiction of the juvenile court, is not likely to use the property otherwise subject to forfeiture for future illegal acts. (g) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows: (1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution. (2) Second, at the discretion of the court, to one or more of the following agencies or entities: (A) The prosecuting agency. (B) The public entity of which the prosecuting agency is a part. (C) The public entity whose officers or employees conducted the investigation resulting in forfeiture. (D) Other state and local public entities, including school districts. (E) Nonprofit charitable organizations. (h) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows: (1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person. (2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (g). (Amended by Stats. 2015, Ch. 291, Sec. 1. (SB 676) Effective January 1, 2016.)
  114. 502.5.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    A person commits larceny if, after mortgaging or putting real property under a deed of trust and before or after foreclosure or trustee’s sale, they remove or dispose of attached improvements without written consent and with intent to defraud or injure the secured party or purchaser.

    ## 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. ) ## 502.5. Every person who, after mortgaging or encumbering by deed of trust any real property, and during the existence of such mortgage or deed of trust, or after such mortgaged or encumbered property shall have been sold under an order and decree of foreclosure or at trustee’s sale, and with intent to defraud or injure the mortgagee or the beneficiary or trustee, under such deed of trust, his representatives, successors or assigns, or the purchaser of such mortgaged or encumbered premises at such foreclosure or trustee’s sale, his representatives, successors or assigns, takes, removes or carries away from such mortgaged or encumbered premises, or otherwise disposes of or permits the taking, removal or carrying away or otherwise disposing of any house, barn, windmill, water tank, pump, engine or other part of the freehold that is attached or affixed to such premises as an improvement thereon, without the written consent of the mortgagee or beneficiary, under deed of trust, his representatives, successors or assigns, or the purchaser at such foreclosure or trustee’s sale, his representatives, successors or assigns, is guilty of larceny and shall be punished accordingly. (Added by renumbering Section 502½ by Stats. 1979, Ch. 373.)
  115. 502.6.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    It is a misdemeanor to knowingly and willfully, with intent to defraud, possess or use a scanning device or reencoder to access or copy payment-card magnetic strip information without the authorized user’s permission.

    ## 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. ) ## 502.6. (a) Any person who knowingly, willfully, and with the intent to defraud, possesses a scanning device, or who knowingly, willfully, and with intent to defraud, uses a scanning device to access, read, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card is guilty of a misdemeanor, punishable by a term in a county jail not to exceed one year, or a fine of one thousand dollars ($1,000), or both the imprisonment and fine. (b) Any person who knowingly, willfully, and with the intent to defraud, possesses a reencoder, or who knowingly, willfully, and with intent to defraud, uses a reencoder to place encoded information on the magnetic strip or stripe of a payment card or any electronic medium that allows an authorized transaction to occur, without the permission of the authorized user of the payment card from which the information is being reencoded is guilty of a misdemeanor, punishable by a term in a county jail not to exceed one year, or a fine of one thousand dollars ($1,000), or both the imprisonment and fine. (c) Any scanning device or reencoder described in subdivision (e) owned by the defendant and possessed or used in violation of subdivision (a) or (b) may be seized and be destroyed as contraband by the sheriff of the county in which the scanning device or reencoder was seized. (d) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture. (e) As used in this section, the following definitions apply: (1) “Scanning device” means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. (2) “Reencoder” means an electronic device that places encoded information from the magnetic strip or stripe of a payment card on to the magnetic strip or stripe of a different payment card. (3) “Payment card” means a credit card, debit card, or any other card that is issued to an authorized user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value. (f) Nothing in this section shall preclude prosecution under any other provision of law. (Added by Stats. 2002, Ch. 861, Sec. 1. Effective January 1, 2003.)
  116. 502.7.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    It is a crime to avoid or help avoid telephone or telegraph charges, to traffic in devices or instructions for that purpose, or to publish credit card numbers/codes for that purpose.

    ## 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. ) ## 502.7. (a) Any person who, knowingly, willfully, and with intent to defraud a person providing telephone or telegraph service, avoids or attempts to avoid, or aids, abets or causes another to avoid the lawful charge, in whole or in part, for telephone or telegraph service by any of the following means is guilty of a misdemeanor or a felony, except as provided in subdivision (g): (1) By charging the service to an existing telephone number or credit card number without the authority of the subscriber thereto or the lawful holder thereof. (2) By charging the service to a nonexistent telephone number or credit card number, or to a number associated with telephone service which is suspended or terminated, or to a revoked or canceled (as distinguished from expired) credit card number, notice of the suspension, termination, revocation, or cancellation of the telephone service or credit card having been given to the subscriber thereto or the holder thereof. (3) By use of a code, prearranged scheme, or other similar stratagem or device whereby the person, in effect, sends or receives information. (4) By rearranging, tampering with, or making connection with telephone or telegraph facilities or equipment, whether physically, electrically, acoustically, inductively, or otherwise, or by using telephone or telegraph service with knowledge or reason to believe that the rearrangement, tampering, or connection existed at the time of the use. (5) By using any other deception, false pretense, trick, scheme, device, conspiracy, or means, including the fraudulent use of false, altered, or stolen identification. (b) Any person who does either of the following is guilty of a misdemeanor or a felony, except as provided in subdivision (g): (1) Makes, possesses, sells, gives, or otherwise transfers to another, or offers or advertises any instrument, apparatus, or device with intent to use it or with knowledge or reason to believe it is intended to be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph message. (2) Sells, gives, or otherwise transfers to another or offers, or advertises plans or instructions for making or assembling an instrument, apparatus, or device described in paragraph (1) of this subdivision with knowledge or reason to believe that they may be used to make or assemble the instrument, apparatus, or device. (c) Any person who publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card, or the numbering or coding which is employed in the issuance of credit cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful telephone or telegraph toll charge is guilty of a misdemeanor. Subdivision (g) shall not apply to this subdivision. As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person or by telephone, radio, or television, or electronic means, including, but not limited to, a bulletin board system, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper, or magazine article, or book. (d) Any person who is the issuee of a calling card, credit card, calling code, or any other means or device for the legal use of telecommunications services and who receives anything of value for knowingly allowing another person to use the means or device in order to fraudulently obtain telecommunications services is guilty of a misdemeanor or a felony, except as provided in subdivision (g). (e) Subdivision (a) applies when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided, by one or more of the means set forth in subdivision (a). (f) Jurisdiction of an offense under this section is in the jurisdictional territory where the telephone call or telegram involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have been sent but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subdivision (a). (g) Theft of any telephone or telegraph services under this section by a person who has a prior misdemeanor or felony conviction for theft of services under this section within the past five years, is a felony. (h) Any person or telephone company defrauded by any acts prohibited under this section shall be entitled to restitution for the entire amount of the charges avoided from any person or persons convicted under this section. (i) Any instrument, apparatus, device, plans, instructions, or written publication described in subdivision (b) or (c) may be seized under warrant or incident to a lawful arrest, and, upon the conviction of a person for a violation of subdivision (a), (b), or (c), the instrument, apparatus, device, plans, instructions, or written publication may be destroyed as contraband by the sheriff of the county in which the person was convicted or turned over to the person providing telephone or telegraph service in the territory in which it was seized. (j) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture. (Amended by Stats. 1993, Ch. 1014, Sec. 1. Effective January 1, 1994.)
  117. 502.8.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

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    This section makes it a crime to advertise, possess, use, sell-related, or manufacture illegal telecommunications equipment, with harsher penalties for repeat or higher-quantity conduct.

    ## 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. ) ## 502.8. (a) Any person who knowingly advertises illegal telecommunications equipment is guilty of a misdemeanor. (b) Any person who possesses or uses illegal telecommunications equipment intending to avoid the payment of any lawful charge for telecommunications service or to facilitate other criminal conduct is guilty of a misdemeanor. (c) Any person found guilty of violating subdivision (b), who has previously been convicted of the same offense, shall be guilty of a felony, punishable by imprisonment in state prison, a fine of up to fifty thousand dollars ($50,000), or both. (d) Any person who possesses illegal telecommunications equipment with intent to sell, transfer, or furnish or offer to sell, transfer, or furnish the equipment to another, intending to avoid the payment of any lawful charge for telecommunications service or to facilitate other criminal conduct is guilty of a misdemeanor punishable by one year in a county jail or imprisonment in state prison or a fine of up to ten thousand dollars ($10,000), or both. (e) Any person who possesses 10 or more items of illegal telecommunications equipment with intent to sell or offer to sell the equipment to another, intending to avoid payment of any lawful charge for telecommunications service or to facilitate other criminal conduct, is guilty of a felony, punishable by imprisonment in state prison, a fine of up to fifty thousand dollars ($50,000), or both. (f) Any person who manufactures 10 or more items of illegal telecommunications equipment with intent to sell or offer to sell the equipment to another, intending to avoid the payment of any lawful charge for telecommunications service or to facilitate other criminal conduct is guilty of a felony punishable by imprisonment in state prison or a fine of up to fifty thousand dollars ($50,000), or both. (g) For purposes of this section, “illegal telecommunications equipment” means equipment that operates to evade the lawful charges for any telecommunications service; surreptitiously intercept electronic serial numbers or mobile identification numbers; alter electronic serial numbers; circumvent efforts to confirm legitimate access to a telecommunications account; conceal from any telecommunications service provider or lawful authority the existence, place of origin, or destination of any telecommunication; or otherwise facilitate any other criminal conduct. “Illegal telecommunications equipment” includes, but is not limited to, any unauthorized electronic serial number or mobile identification number, whether incorporated into a wireless telephone or other device or otherwise. Items specified in this subdivision shall be considered illegal telecommunications equipment notwithstanding any statement or disclaimer that the items are intended for educational, instructional, or similar purposes. (h) (1) In the event that a person violates the provisions of this section with the intent to avoid the payment of any lawful charge for telecommunications service to a telecommunications service provider, the court shall order the person to pay restitution to the telecommunications service provider in an amount that is the greater of the following: (A) Five thousand dollars ($5,000). (B) Three times the amount of actual damages, if any, sustained by the telecommunications service provider, plus reasonable attorney fees. (2) It is not a necessary prerequisite to an order of restitution under this section that the telecommunications service provider has suffered, or be threatened with, actual damages. (Amended by Stats. 2016, Ch. 86, Sec. 225. (SB 1171) Effective January 1, 2017.)
  118. 502.9.

    ## 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 5. Larceny [484 - 502.9] ( Chapter 5 enacted 1872. )

    Verify source ↗

    If a felony conviction under this chapter involves an elder or dependent person, that fact is treated as an aggravating circumstance when the sentence is imposed under Section 1170(b).

    ## 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. ) ## 502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170. (Amended by Stats. 2004, Ch. 823, Sec. 8. Effective January 1, 2005.)
  119. 5021.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    Certain facility authorities must report a death quickly to specified local officials and later file a written follow-up report.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5021. (a) Any death that occurs in any facility operated by the Department of Corrections and Rehabilitation, the State Department of State Hospitals, a city, county, or city and county, including county juvenile facilities, or any facility which is under contract with any of these entities for the incarceration, rehabilitation, holding, or treatment of persons accused or convicted of crimes, shall be reported within a reasonable time, not to exceed two hours, of its discovery by authorities in the facility to the county sheriff, or his or her designated representative, and to the coroner’s office, of the county in which the facility is located, as provided in Section 27491 of the Government Code. These deaths shall also be reported to the district attorney, or his or her designated representative, of the county in which the facility is located as soon as a representative of the district attorney’s office is on duty. If the facility is located within the city limits of an incorporated city, the report shall also be made to the chief of police in that city, or to his or her designated representative, within a reasonable time, not to exceed two hours, of its discovery. Any death of a person in a facility operated by the Department of Corrections and Rehabilitation shall also be reported to the Chief of Medical Services in the Central Office of the Department of Corrections and Rehabilitation, or his or her designated representative, as soon as a representative of that office is on duty. (b) The initial report of the death of a person required in subdivision (a) may be transmitted by telephone, direct contact, or by written notification, and shall outline all pertinent facts known at the time the report is made and all persons to contact, in addition to any other information the reporting person or officer deems pertinent. (c) The initial report of the death of a person as required in subdivision (a) shall be supplemented by a written report, which shall be submitted to the entities listed in subdivision (a) within eight hours of the discovery of the death. This written report shall include all circumstances and details of the death that were known at the time the report was prepared, and shall include the names of all persons involved in the death, and all persons with knowledge of the circumstances surrounding the death. (Amended by Stats. 2012, Ch. 24, Sec. 49. (AB 1470) Effective June 27, 2012.)
  120. 5022.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Director of Corrections must collect and update a prisoner’s emergency notification list and try to contact those people if the prisoner dies or has a serious illness or injury.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5022. (a) Upon the entry of a prisoner into a facility operated by the Department of Corrections, and at least every year thereafter, the Director of Corrections shall obtain from the prisoner the name and last known address and telephone number of any person or persons who shall be notified in the event of the prisoner’s death or serious illness or serious injury, as determined by the physician in attendance, and who are authorized to receive his or her body. The persons shall be noted in the order of the prisoner’s preference. The Director of Corrections shall provide the prisoner with the opportunity to modify or amend his or her notification list at any time. (b) The Director of Corrections shall use all reasonable means to contact the person or persons set forth in the notification list upon the death or serious illness or serious injury, as determined by the physician in attendance, of the prisoner while confined in a facility operated by the Department of Corrections. (Added by Stats. 1993, Ch. 211, Sec. 1. Effective July 26, 1993.)
  121. 5023.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Department of Corrections must consult with the California Medical Assistance Commission when planning and negotiating contracts to buy inmate health care services.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5023. (a) It is the intent of the Legislature that the Department of Corrections operate in the most cost-effective and efficient manner possible when purchasing health care services for inmates. To achieve this goal, it is desirable that the department have the benefit and experience of the California Medical Assistance Commission in planning and negotiating for the purchase of health care services. (b) The Department of Corrections shall consult with the commission to assist the department in planning and negotiating contracts for the purchase of health care services. The commission shall advise the department, and may negotiate directly with providers on behalf of the department, as mutually agreed upon by the commission and the department. (Amended by Stats. 1995, Ch. 749, Sec. 9. Effective October 10, 1995.)
  122. 5023.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must run a statewide utilization management program for adult prisons and submit related policies, annual objectives, and reports to legislative committees.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5023.2. (a) In order to promote the best possible patient outcomes, eliminate unnecessary medical and pharmacy costs, and ensure consistency in the delivery of health care services, the department shall maintain a statewide utilization management program that shall include, but not be limited to, all of the following: (1) Objective, evidence-based medical necessity criteria and utilization guidelines. (2) The review, approval, and oversight of referrals to specialty medical services. (3) The management and oversight of community hospital bed usage and supervision of health care bed availability. (4) Case management processes for high medical risk and high medical cost patients. (5) A preferred provider organization (PPO) and related contract initiatives that improve the coverage, resource allocation, and quality of contract medical providers and facilities. (b) The department shall develop and implement policies and procedures to ensure that all adult prisons employ the same statewide utilization management program established pursuant to subdivision (a) that supports the department’s goals for cost-effective auditable patient outcomes, access to care, an effective and accessible specialty network, and prompt access to hospital and infirmary resources. The department shall provide a copy of these policies and procedures, by July 1, 2011, to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Senate Committee on Health, the Senate Committee on Public Safety, the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Assembly Committee on Health, and the Assembly Committee on Public Safety. (c) (1) The department shall establish annual quantitative utilization management performance objectives to promote greater consistency in the delivery of contract health care services, enhance health care quality outcomes, and reduce unnecessary referrals to contract medical services. On July 1, 2011, the department shall report the specific quantitative utilization management performance objectives it intends to accomplish statewide in each adult prison during the next 12 months to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Senate Committee on Health, the Senate Committee on Public Safety, the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Assembly Committee on Health, and the Assembly Committee on Public Safety. (2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2015, pursuant to Section 10231.5 of the Government Code. (d) On March 1, 2012, and each March 1 thereafter, the department shall report all of the following to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Senate Committee on Health, the Senate Committee on Public Safety, the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Assembly Committee on Health, and the Assembly Committee on Public Safety: (1) The extent to which the department achieved the statewide quantitative utilization management performance objectives set forth in the report issued the previous March as well as the most significant reasons for achieving or not achieving those performance objectives. (2) A list of adult prisons that achieved and a list of adult prisons that did not achieve their quantitative utilization management performance objectives and the significant reasons for the success or failure in achieving those performance objectives at each adult state prison. (3) The specific quantitative utilization management performance objectives the department and each adult state prison intends to accomplish in the next 12 months. (4) A description of planned and implemented initiatives necessary to accomplish the next 12 months’ quantitative utilization management performance objectives statewide and for each adult state prison. The department shall describe initiatives that were considered and rejected and the reasons for their rejection. (5) The costs for inmate health care for the previous fiscal year, both statewide and at each adult state prison, and a comparison of costs from the fiscal year prior to the fiscal year being reported both statewide and at each adult state prison. (e) It is the intent of the Legislature that any activities the department undertakes to implement the provisions of this section shall result in no year-over-year net increase in state costs. (f) The following definitions shall apply to this section: (1) “Contract medical costs” mean costs associated with an approved contractual agreement for the purposes of providing direct and indirect specialty medical care services. (2) “Specialty care” means medical services not delivered by primary care providers. (3) “Utilization management program” means a strategy designed to ensure that health care expenditures are restricted to those that are needed and appropriate by reviewing patient-inmate medical records through the application of defined criteria or expert opinion, or both. Utilization management assesses the efficiency of the health care process and the appropriateness of decisionmaking in relation to the site of care, its frequency, and its duration through prospective, concurrent, and retrospective utilization reviews. (4) “Community hospital” means an institution located within a city, county, or city and county which is licensed under all applicable state and local laws and regulations to provide diagnostic and therapeutic services for the medical diagnosis, treatment, and care of injured, disabled, or sick persons in need of acute inpatient medical, psychiatric, or psychological care. (g) The requirement for submitting a report imposed under subdivision (d) is inoperative on March 1, 2016, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2011, Ch. 296, Sec. 220. (AB 1023) Effective January 1, 2012.)
  123. 5023.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    This section lets the Department of Corrections and Rehabilitation contract for health care services, sets reimbursement caps for certain noncontract and contract providers, and gives the secretary authority to change those rates by regulation with notice.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5023.5. (a) Notwithstanding any other law, the Department of Corrections and Rehabilitation may contract with providers of health care services and health care network providers, including, but not limited to, health plans, preferred provider organizations, and other health care network managers. Hospitals that do not contract with the department for emergency health care services shall provide these services to the department on the same basis as they are required to provide these services pursuant to Section 489.24 of Title 42 of the Code of Federal Regulations. The department may only reimburse a noncontract provider of hospital or physician services at a rate equal to or less than the amount payable under the Medicare Fee Schedule, regardless of whether the hospital is located within or outside of California. (b) An entity that provides ambulance or any other emergency or nonemergency response service to the department, and that does not contract with the department for that service, shall be reimbursed for the service at the rate payable under the Medicare Fee Schedule, regardless of whether the provider is located within or outside of California. (c) Until regulations or emergency regulations are adopted in accordance with subdivision (g), the department shall not reimburse a contract provider of hospital services at a rate that exceeds 130 percent of the amount payable under the Medicare Fee Schedule, a contract provider of physician services at a rate that exceeds 110 percent of the amount payable under the Medicare Fee Schedule, or a contract provider of ambulance services at a rate that exceeds 120 percent of the amount payable under the Medicare Fee Schedule. The maximum rates established by this subdivision shall not apply to reimbursement for administrative days, transplant services, services provided pursuant to competitively bid contracts, or services provided pursuant to a contract executed prior to September 1, 2009. (d) The maximum rates set forth in this section shall not apply to contracts entered into through the department’s designated health care network provider, if any. The rates for those contracts shall be negotiated at the lowest rate possible under the circumstances. (e) The department and its designated health care network provider may enter into exclusive or nonexclusive contracts on a bid or negotiated basis for hospital, physician, and ambulance services contracts. (f) The Secretary of the Department of Corrections and Rehabilitation may adopt regulations to implement this section. During the existence of the receivership established in United States District Court for the Northern District of California, Case No. C01-1351 TEH, Plata v. Schwarzenegger, the adoption, amendment, or repeal of a regulation authorized by this section is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (g) The secretary may change the maximum rates set forth in this section by regulation or emergency regulation, adopted in accordance with the Administrative Procedure Act, but no sooner than 30 days after notification to the Joint Legislative Budget Committee. Those changes may include, but are not limited to, increasing or decreasing rates, or adding location-based differentials such as those provided to small and rural hospitals as defined in Section 124840 of the Health and Safety Code. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the secretary is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (h) During the existence of the receivership established in United States District Court for the Northern District of California, Case No. C01-1351 TEH, Plata v. Schwarzenegger, references in this section to the “secretary” shall mean the receiver appointed in that action. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 22, Sec. 31. Effective July 28, 2009.)
  124. 5023.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Department of Corrections and Rehabilitation must update claims handling processes for contract health care service providers by January 1, 2011, and may adopt related policies and procedures for electronic claims management.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5023.6. (a) The Department of Corrections and Rehabilitation shall, by January 1, 2011, do all of the following: (1) Adopt industry standard claim forms for use by contract health care service providers. (2) Be able to accept secure electronic submission of claims from contract health care service providers. (3) Perform periodic audits of claims paid to contract health care providers. (4) Provide secure, remote electronic access to claim status information to those contract health care service providers submitting claims electronically in the manner required by the department. (b) The department may adopt policies and procedures for the purpose of enabling electronic health care claims management and processing. The adoption, amendment, or repeal of policies and procedures for this limited purpose are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2010, Ch. 669, Sec. 2. (AB 1985) Effective January 1, 2011.)
  125. 5023.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    Money recovered from certain medical contract overpayments is credited to the proper fiscal year, and related appropriation adjustments are limited and subject to Department of Finance approval. Reporting to the Joint Legislative Budget Committee was required within 30 days, but that reporting requirement became inoperative on January 1, 2016.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5023.7. (a) Notwithstanding any other provision of law, money recovered prior to July 1, 2011, from an overpayment of a medical contract expenditure, under the authority of the federal health care receiver, shall be credited to the fiscal year in which the expenditure was drawn. An amount not to exceed the total amount of the funds recovered shall be augmented to the appropriation to the department for the 2010–11 fiscal year, upon approval of the Department of Finance. (b) Money recovered on or after July 1, 2011, from an overpayment of a medical contract expenditure, under the authority of the federal health care receiver, shall be credited to the fiscal year in which the expenditure was drawn. An amount not to exceed the amount of the overpayment shall be augmented to the appropriation to the department for the fiscal year in which the recovered funds are received, upon approval of the Department of Finance. (c) Any money recovered and any adjustments to appropriations made pursuant to subdivisions (a) and (b) shall be reported to the Joint Legislative Budget Committee within 30 days. (d) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2016, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2011, Ch. 36, Sec. 28. (SB 92) Effective June 30, 2011.)
  126. 5024.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    This section lets the Department of Corrections and Rehabilitation create a drug rebate program for inmate health care and use other cost-saving procurement methods.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5024. (a) The Legislature finds and declares that: (1) State costs for purchasing drugs and medical supplies for the health care of offenders in state custody have grown rapidly in recent years and will amount to almost seventy-five million dollars ($75,000,000) annually in the 1999–2000 fiscal year. (2) The California State Auditor’s Office found in a January 2000 audit report that the state could save millions of dollars annually by improving its current processes for the procurement of drugs for inmate health care and by pursuing alternative procurement methods. (3) It is the intent of the Legislature that the Department of Corrections and Rehabilitation, in cooperation with the Department of General Services and other appropriate state agencies, take prompt action to adopt cost-effective reforms in its drug and medical supply procurement processes by establishing a program to obtain rebates from drug manufacturers, implementing alternative contracting and procurement reforms, or by some combination of these steps. (b) (1) The Secretary of the Department of Corrections and Rehabilitation, pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) may adopt regulations requiring manufacturers of drugs to pay the department a rebate for the purchase of drugs for offenders in state custody that is at least equal to the rebate that would be applicable to the drug under Section 1927(c) of the federal Social Security Act (42 U.S.C. Sec. 1396r-8(c)). Any such regulation shall, at a minimum, specify the procedures for notifying drug manufacturers of the rebate requirements and for collecting rebate payments. (2) If a rebate program is implemented, the secretary shall develop, maintain, and update as necessary a list of drugs to be provided under the rebate program, and establish a rate structure for reimbursement of each drug included in the rebate program. Rates shall not be less than the actual cost of the drug. However, the secretary may purchase a listed drug directly from the manufacturer and negotiate the most favorable bulk price for that drug. In order to minimize state administrative costs and maximize state benefits for the rebate program, the secretary may establish a program that focuses upon obtaining rebates for those drugs that it determines are purchased by the department in relatively large volumes. (3) If a rebate program is implemented, the department shall submit an invoice, not less than two times per year, to each manufacturer for the amount of the rebate required by this subdivision. Drugs may be removed from the list for failure to pay the rebate required by this subdivision, unless the department determines that purchase of the drug is a medical necessity or that purchase of the drug is necessary to comply with a court order to ensure the appropriate provision of quality health care to offenders in state custody. (4) In order to minimize state administrative costs and maximize state benefits for such a rebate program, if one is implemented, the Department of Corrections and Rehabilitation may enter into interagency agreements with the Department of General Services, the State Department of Health Care Services, the State Department of State Hospitals, or the State Department of Developmental Services, the University of California, another appropriate state department, or with more than one of those entities, for joint participation in a rebate program, collection and monitoring of necessary drug price and rebate data, the billing of manufacturers for rebates, the resolution of any disputes over rebates, and any other services necessary for the cost-effective operation of the rebate program. (5) The Department of Corrections and Rehabilitation, separately or in cooperation with other state agencies, may contract for the services of a pharmaceutical benefits manager for any services necessary for the cost-effective operation of the rebate program, if one is implemented, or for other services to improve the contracting and procurement of drugs and medical supplies for inmate health care. (c) Nothing in this section shall prohibit the department, as an alternative to or in addition to establishing a rebate program for drugs for inmate health care, from implementing, in cooperation with the Department of General Services and other appropriate state agencies, other cost-effective strategies for procurement of drugs and medical supplies for offenders in state custody, including, but not limited to: (1) Improvements in the existing statewide master agreement procedures for purchasing contract and noncontract drugs at a discount from drug manufacturers. (2) Participation by offenders in state custody infected with human immunodeficiency virus (HIV), the etiologic agent of acquired immune deficiency syndrome (AIDS), in the AIDS Drug Assistance Program. (3) Membership in the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) or other cooperative purchasing arrangements with other governmental entities. (4) Greater centralization or standardization of procurement of drugs and medical supplies among individual prisons in the Department of Corrections and Rehabilitation prison system. (d) The California State Auditor’s Office shall report to the Legislature and the Governor by January 10, 2002, its findings in regard to: (1) An evaluation of the trends in state costs for the procurement of drugs and medical supplies for offenders in state custody, and an assessment of the major factors affecting those trends. (2) A summary of the steps taken by the Department of Corrections and Rehabilitation, the Department of General Services, and other appropriate state agencies to implement this section. (3) An evaluation of the compliance by these state agencies with the findings and recommendations of the January 2000 California State Auditor’s Office report for reform of procurement of drugs and medical supplies for offenders in state custody. (4) Any further recommendations of the California State Auditor’s Office for reform of state drug procurement practices, policies, or statutes. (Amended by Stats. 2012, Ch. 281, Sec. 40. (SB 1395) Effective January 1, 2013.)
  127. 5024.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Department of Corrections and Rehabilitation may run a comprehensive pharmacy services program and a centralized pharmacy distribution center, but must include specified administration, service, committee, generic-drug, system, inspection, and reporting features.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5024.2. (a) The Department of Corrections and Rehabilitation is authorized to maintain and operate a comprehensive pharmacy services program for those facilities under the jurisdiction of the department that is both cost effective and efficient, and shall incorporate the following: (1) A statewide pharmacy administration system with direct authority and responsibility for program administration and oversight. (2) Medically necessary pharmacy services using professionally and legally qualified pharmacists, consistent with the size and the scope of medical services provided. (3) Written procedures and operational practices pertaining to the delivery of pharmaceutical services. (4) A multidisciplinary, statewide Pharmacy and Therapeutics Committee responsible for all of the following: (A) Developing and managing a department formulary. (B) Standardizing the strengths and dosage forms for medications used in department facilities. (C) Maintaining and monitoring a system for the review and evaluation of corrective actions related to errors in prescribing, dispensing, and administering medications. (D) Conducting regular therapeutic category reviews for medications listed in the department formulary. (E) Evaluating medication therapies and providing input to the development of disease management guidelines used in the department. (5) A requirement for the use of generic medications, when available, unless an exception is reviewed and approved in accordance with an established nonformulary approval process. The nonformulary approval process shall include a process whereby a prescriber may indicate on the face of the prescription “dispense as written” or other appropriate form for electronic prescriptions. (6) Use of an enterprise-based pharmacy operating system that provides management with information on prescription workloads, medication utilization, prescribing data, and other key pharmacy information. (b) The department is authorized to operate and maintain a centralized pharmacy distribution center to provide advantages of scale and efficiencies related to medication purchasing, inventory control, volume production, drug distribution, workforce utilization, and increased patient safety. It is the intent of the Legislature that the centralized pharmacy distribution center and institutional pharmacies be licensed as pharmacies by the California State Board of Pharmacy meeting all applicable regulations applying to a pharmacy. (1) To the extent it is cost effective and efficient, the centralized pharmacy distribution center should include systems to do the following: (A) Order and package bulk pharmaceuticals and prescription and stock orders for all department correctional facilities. (B) Label medications as required to meet state and federal prescription requirements. (C) Provide barcode validation matching the drug to the specific prescription or floor stock order. (D) Sort completed orders for shipping and delivery to department facilities. (2) Notwithstanding any other requirements, the department centralized pharmacy distribution center is authorized to do the following: (A) Package bulk pharmaceuticals into both floor stock and patient-specific packs. (B) Reclaim, for reissue, unused and unexpired medications. (C) Distribute the packaged products to department facilities for use within the state corrections system. (3) The centralized pharmacy distribution center should maintain a system of quality control checks on each process used to package, label, and distribute medications. The quality control system may include a regular process of random checks by a licensed pharmacist. (c) The department may investigate and initiate potential systematic improvements in order to provide for the safe and efficient distribution and control of, and accountability for, drugs within the department’s statewide pharmacy administration system, taking into account factors unique to the correctional environment. (d) The department should ensure that there is a program providing for the regular inspection of all department pharmacies in the state to verify compliance with applicable law, rules, regulations, and other standards as may be appropriate to ensure the health, safety, and welfare of the department’s inmate patients. (e) On March 1, 2012, and each March 1 thereafter, the department shall report all of the following to the Joint Legislative Budget Committee, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, the Senate Committee on Health, the Senate Committee on Public Safety, the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Assembly Committee on Health, and the Assembly Committee on Public Safety: (1) The extent to which the Pharmacy and Therapeutics Committee has been established and achieved the objectives set forth in this section, as well as the most significant reasons for achieving or not achieving those objectives. (2) The extent to which the department is achieving the objective of operating a fully functioning and centralized pharmacy distribution center, as set forth in this section, that distributes pharmaceuticals to every adult prison under the jurisdiction of the department, as well as the most significant reasons for achieving or not achieving that objective. (3) The extent to which the centralized pharmacy distribution center is achieving cost savings through improved efficiency and distribution of unit dose medications. (4) A description of planned or implemented initiatives to accomplish the next 12 months’ objectives for achieving the goals set forth in this section, including a fully functioning and centralized pharmacy distribution center that distributes pharmaceuticals to every adult facility under the jurisdiction of the department. (5) The costs for prescription pharmaceuticals for the previous fiscal year, both statewide and at each adult prison under the jurisdiction of the department, and a comparison of these costs with those of the prior fiscal year. (f) The requirement for submitting a report imposed under subdivision (e) is inoperative on March 1, 2016, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2012, Ch. 41, Sec. 74. (SB 1021) Effective June 27, 2012.)
  128. 5024.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Department of Corrections must create medication selection policies and protocols, report on them by April 1, 2006, coordinate with a state bulk purchasing program, and use existing department resources to implement the section.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5024.5. (a) The Department of Corrections shall adopt policies, procedures, and criteria to identify selected medication categories for the development of utilization protocols based on best practices, and the use of generic and therapeutic substitutes, as appropriate. (b) The department shall develop utilization and treatment protocols for select medication categories based on defined priority criteria, including, but not limited to, the cost of the medications. (c) On or before April 1, 2006, the department shall provide information, as part of the fiscal committee budget hearings for the 2006–07 budget year, on the impact of the adoption of these protocols. (d) The department shall coordinate the implementation of this section with the Department of General Services’ prescription drug bulk purchasing program pursuant to Chapter 12 (commencing with Section 14977) of Part 5.5 of Division 3 of Title 2 of the Government Code, in order to better achieve the goals and intent of that program. (e) It is the intent of the Legislature that the department shall complete the implementation of this section utilizing the existing resources of the department. (Added by Stats. 2004, Ch. 383, Sec. 1. Effective January 1, 2005.)
  129. 5026.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    State correctional departments must cooperate with the U.S. Department of Homeland Security by providing prison facilities, transportation, and other support as needed for deportation hearings and deportation holds involving undocumented immigrants in 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5026. (a) The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison. (b) For purposes of this section, “immigrant” means a person who is not a citizen or national of the United States. (Amended by Stats. 2021, Ch. 296, Sec. 50. (AB 1096) Effective January 1, 2022. Repealed conditionally by Stats. 1994, Ch. 567, Secs. 3 and 6, upon enactment of specified federal legislation.)
  130. 5027.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must fund a grant program for eligible nonprofit organizations if the Legislature appropriates money, and it must report grant details 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5027. (a) Upon appropriation by the Legislature in the annual Budget Act, the Department of Corrections and Rehabilitation shall award funding for an innovative grant program to not-for-profit organizations to replicate their programs at institutions that the Director of the Division of Rehabilitative Programs has determined are underserved by volunteer and not-for-profit organizations. The director shall develop a formula for identifying target institutions based upon factors including, but not limited to, number of volunteers, number of inmates, number of volunteer-based programs, and the size of waiting lists for inmates wanting to participate in programs. (b) Grant funding shall be provided to not-for-profit organizations wishing to expand programs that they are currently providing in other California state prisons that have demonstrated success and focus on offender responsibility and restorative justice principles or to not-for-profit organizations with experience in providing programming in a correctional setting. The grants shall be awarded for a three-year period and are designed to be one time in nature. All funding shall go directly to the not-for-profit organizations and shall not be used for custody staff or administration of the grant. Any unspent funds shall revert to the fund source authorized for this purpose at the end of three years. (c) On or before January 1 of each year, the department shall report to the budget committees and public safety committees in both houses of the Legislature on the following information from the previous fiscal year’s grants: (1) The number of grants provided. (2) The institutions receiving grants. (3) A description of each program and level of funding provided, organized by institution. (4) The start date of each program. (5) Any feedback from inmates participating in the programs on the value of the programs. (6) Any feedback from the program providers on their experience with each institution. (7) The number of participants participating in each program. (8) The number of participants completing each program. (9) Waiting lists, if any, for each program. (Amended by Stats. 2022, Ch. 58, Sec. 26. (AB 200) Effective June 30, 2022.)
  131. 5028.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Director of Corrections must tell certain foreign nationals in Department of Corrections facilities that they may seek transfer to their current or former country of citizenship, may contact their consulate, and can have their nearest consulate or embassy notified if they request 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5028. (a) Upon the entry of any person who is currently or was previously a foreign national into a facility operated by the Department of Corrections, the Director of Corrections shall inform the person that he or she may apply to be transferred to serve the remainder of his or her prison term in his or her current or former nation of citizenship. The director shall inform the person that he or she may contact his or her consulate and shall ensure that if notification is requested by the inmate, that the inmate’s nearest consulate or embassy is notified without delay of his or her incarceration. (b) Upon the request of a foreign consulate representing a nation that requires mandatory notification under Article 36 of the Vienna Convention on Consular Relations Treaty listed in subdivision (d) of Section 834c, the Department of Corrections shall provide the foreign consulate with a list of the names and locations of all inmates in its custody that have self-identified that nation as his or her place of birth. (c) The Department of Corrections shall implement and maintain procedures to process applications for the transfer of prisoners to their current or former nations of citizenship under subdivision (a) and shall forward all applications to the Governor or his or her designee for appropriate action. (Amended by Stats. 2004, Ch. 924, Sec. 2. Effective January 1, 2005.)
  132. 5029.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The Director of Corrections must prevent certain employee personal-information materials from being removed from state prison without proper authorization, and employees must promptly report loss or theft; the warden or designee must try to notify the affected employee within 24 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5029. (a) The Director of Corrections shall ensure that documents, computers, or computer accessible media containing personal information relating to an employee of the Department of Corrections are not removed from the state prison without proper authorization from the warden or his or her designee. (b) Any employee of the Department of Corrections who, without proper authorization, knowingly removes personal information relating to an employee of the Department of Corrections from the state prison in violation of subdivision (a), or who fails to provide the appropriate notice as required in subdivision (c), is subject to disciplinary action. (c) (1) An employee who removes personal information shall, once the employee is aware that the information either is lost or stolen or cannot be accounted for, make a reasonable effort to immediately notify the warden, or his or her designee, of that fact. (2) The warden, or his or her designee, shall attempt to notify the employee whose personal information either is lost or stolen or cannot be accounted for within 24 hours of receiving the notice under paragraph (1). (d) For purposes of this section, “personal information” shall have the same meaning as set forth in Section 1798.3 of the Civil Code. (e) It is not the intent of the Legislature, in enacting this section, to inhibit or prevent a person from making a disclosure of improper governmental activity that is protected by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 6129, or by the California Whistleblower Protection Act, Article 3 (commencing with Section 8547) of Chapter 6.5 of Division 1 of Title 2 of the Government Code, or by the Whistleblower Protection Act, Article 10 (commencing with Section 9149.20) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code. Furthermore, nothing in this section shall be construed to interfere with the authority of the Office of the Inspector General pursuant to Section 6126.5 of this code, nor the authority of the State Auditor pursuant to Section 8545.2 of the Government Code. (Added by Stats. 2002, Ch. 240, Sec. 1. Effective January 1, 2003.)
  133. 503.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    Embezzlement means fraudulently appropriating property that was intrusted to a person.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 503. Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. (Enacted 1872.)
  134. 5030.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    Inmates may not possess or use tobacco products, and other people may not use tobacco products on Department of Corrections grounds, except in specified locations or approved religious ceremonies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5030.1. (a) The possession or use of tobacco products by inmates under the jurisdiction of the Department of Corrections is prohibited. The Director of Corrections shall adopt regulations to implement this prohibition, which shall include an exemption for departmentally approved religious ceremonies. (b) The use of tobacco products by any person not included in subdivision (a) on the grounds of any institution or facility under the jurisdiction of the Department of Corrections is prohibited, with the exception of residential staff housing where inmates are not present. (Added by Stats. 2004, Ch. 798, Sec. 6. Effective January 1, 2005. Operative July 1, 2005, by Sec. 9 of Ch. 798.)
  135. 5031.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must submit budget and population estimates on a set schedule, and the Department of Finance may approve, change, or deny the underlying assumptions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5031. (a) The department shall submit an estimate of expenditures for each state or contracted facility housing offenders and for the cost of supervising offenders on parole, by region, for inclusion in the annual Governor’s Budget and the May Revision thereto. The department shall submit its preliminary estimates for the current and next fiscal years to the Department of Finance by October 1 of each year and revised estimates by April 1 of the following year. The Department of Finance shall approve, modify, or deny the assumptions underlying all estimates and the population estimates released for the annual Governor’s Budget and the May Revision. The April 1 submission shall only be a revision of the October 1 estimates and may not include any new assumptions or estimates from those submitted in the October 1 estimate. (b) The population estimate for each state or contracted adult or juvenile facility shall contain, at least, the following: (1) The capacity, as measured by the number of beds, categorized by cells, dorms, and intended security level. (2) The projected number of offenders, by security level. (3) The actual number of offenders, by security level. (4) The number of offenders in a security level that differ from the classification score. (5) The number of offenders, by program, that could benefit from rehabilitative programming, as identified by an assessment of risk and criminogenic needs. (6) The actual number of offenders, by program, that receive rehabilitative programming based on an assessment of risk and criminogenic needs. (7) A comparison of the number of authorized positions, filled positions, and vacant positions, by classification. (8) The budget authority, as displayed in the annual Budget Act by program, compared to fiscal year-to-date expenditures and projected expenditures for the fiscal year. (c) The population estimate for the Division of Adult Parole Operations shall contain at least the following: (1) The projected number of offenders in each subpopulation, by region, and the total number of offenders. (2) The actual number of offenders in each subpopulation, by region, and the total number of offenders. (3) The number of offenders, by region, that could benefit from rehabilitative programming, as identified by an assessment of risk and criminogenic needs. (4) The actual number of offenders, by region, that receive rehabilitative programming based on an assessment of risk and criminogenic needs. (5) The number of ratio-driven positions budgeted in each region. (6) The number of nonratio positions budgeted in each region, by function. (7) A comparison of the number of authorized positions, filled positions, and vacant positions, by region and function. (8) The budget authority, as displayed in the annual Budget Act by program, compared to fiscal year-to-date expenditures and projected expenditures for the fiscal year. (d) The estimates shall include fiscal charts that track appropriations from the Budget Act to the current Governor’s Budget and the May Revision for all fund sources for the current year and budget year. (e) In the event that the methodological steps employed to arrive at previous estimates differ from those proposed, the department shall submit a descriptive narrative of the revised methodology. This information shall be provided to the Department of Finance, the Joint Legislative Budget Committee, and the public safety policy committees and fiscal committees of the Legislature. (f) On or after January 10, if the Department of Finance discovers a material error in the information provided pursuant to this section, the Department of Finance shall inform the consultants to the fiscal committees of the Legislature of the error in a timely manner. (g) The departmental estimates, assumptions, and other supporting data prepared for purposes of this section shall be forwarded annually to the Joint Legislative Budget Committee and the public safety policy committees and fiscal committees of the Legislature. (Added by Stats. 2012, Ch. 41, Sec. 75. (SB 1021) Effective June 27, 2012.)
  136. 5032.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    This section says a specified Public Resources Code division does not apply to prison or juvenile facility closures by the Department of Corrections and Rehabilitation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5032. Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the closure of a prison or juvenile facility operated or leased by the Department of Corrections and Rehabilitation, or to any activity or approval necessary for, or incidental to, the closure of a prison or juvenile facility operated or leased by the Department of Corrections and Rehabilitation, including, but not limited to, a prison or juvenile facility that was identified or designated for closure before the effective date of this section. This section is declaratory of existing law. (Added by Stats. 2022, Ch. 58, Sec. 27. (AB 200) Effective June 30, 2022.)
  137. 5033.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must prepare and submit prison capacity assessments to legislative budget committees by two specified deadlines.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5033. (a) The Legislature finds and declares all of the following: (1) It is the intent of the Legislature to close additional prisons in the state prison system. (2) Maintaining prison capacity beyond what is necessary for safety, operational flexibility, and to support rehabilitation is not cost effective and reducing excess capacity of the prison system would create savings that may be used for rehabilitative and other purposes. (b) To help inform decisions relating to prison closures, the department shall prepare and submit to the budget committees of both houses of the Legislature, a preliminary assessment on or before August 15, 2023, and a completed assessment on or before November 15, 2023, of systemwide capacity, including an estimate of the department’s overall housing needs based on its population projections. The department shall include information relating to the necessary operational capacity for each state-owned and -operated prison that allows each facility to operate in a manner that is rehabilitative, safe, and cost efficient. The department shall include an assessment of available space for educational and rehabilitative programming, health care services, specialized bed needs, flexible bed needs, including those needed for quarantines or natural disasters, and space needed to comply with class action litigation requirements. The preliminary assessment shall include the department’s methodology and preliminary data and findings. (Added by Stats. 2023, Ch. 47, Sec. 21. (AB 134) Effective July 10, 2023.)
  138. 5034.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must run an Accountability Letter Bank program, and letters in it are reviewed and handled under set 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5034. (a) The department shall establish and maintain an Accountability Letter Bank (ALB) program. (b) The goals of the program shall be both of the following: (1) To allow victims, survivors, and next of kin to receive a letter of accountability from an incarcerated person when, and if, they choose to receive a letter that is addressed to them. (2) To provide an opportunity for incarcerated persons under the jurisdiction of the department to express accountability and remorse for the harm they have caused. (c) All letters submitted to the ALB shall be reviewed by an ALB program facilitator to ensure they are not harmful to the victim, survivor, or next of kin. (d) If a victim, survivor, or next of kin wishes to receive the offender’s letter, the ALB program facilitator shall make the letter available through any of the following: (1) By mail. (2) By email. (3) Upon request by the victim, survivor, or next of kin, an ALB program facilitator may read the letter with the victim, survivor, or next of kin in person or by telephone. (e) If an incarcerated person decides to participate in a program to draft and submit a letter to the ALB, the program shall be administered by a community-based nonprofit organization. (f) Participation in the ALB program shall be voluntary. (g) Incarcerated people shall be able to update letters they submit to the ALB. Letters submitted to the ALB shall only be retained for purposes of providing them to the person to whom it is addressed. (h) Letters submitted to the ALB shall not be included in an incarcerated person’s central file. (i) A letter submitted to the ALB, and a person’s participation in or lack of participation in the ALB program, shall not be considered in a parole suitability decision. (Added by Stats. 2024, Ch. 980, Sec. 1. (SB 379) Effective January 1, 2025.)
  139. 5035.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. )

    Verify source ↗

    The department must establish and maintain a Victim Offender Dialogue (VOD) program.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 1. The Department of Corrections and Rehabilitation [5000 - 5035] ( Heading of Chapter 1 amended by Stats. 2005, Ch. 10, Sec. 31. ) ## 5035. (a) The department shall establish and maintain a Victim Offender Dialogue (VOD) program. (b) The goal of the program is to provide opportunities for restorative justice processes between victims, survivors, and next of kin of victims of crime and people who are incarcerated or on parole, which often culminate in a dialogue between those parties. (c) The VOD program shall be administered and coordinated by the department’s Office of Victim and Survivor Rights and Services and shall utilize nonprofit, community-based restorative justice organizations to facilitate the VOD processes. (d) Participation in the VOD program shall be voluntary. (Added by Stats. 2024, Ch. 980, Sec. 2. (SB 379) Effective January 1, 2025.)
  140. 504.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    Certain public officers and specified agents must not fraudulently use or hide property they control by virtue of a trust; doing so is 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 504. Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or servant of that officer, and every officer, director, trustee, clerk, servant, or agent of any association, society, or corporation (public or private), who fraudulently appropriates to any use or purpose not in the due and lawful execution of that person’s trust, any property in his or her possession or under his or her control by virtue of that trust, or secretes it with a fraudulent intent to appropriate it to that use or purpose, is guilty of embezzlement. (Amended by Stats. 2002, Ch. 787, Sec. 13. Effective January 1, 2003.)
  141. 504a

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    It is embezzlement to fraudulently remove, conceal, or dispose of certain leased or conditionally purchased property in a person's possession.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 504a. Every person who shall fraudulently remove, conceal or dispose of any goods, chattels or effects, leased or let to him by any instrument in writing, or any personal property or effects of another in his possession, under a contract of purchase not yet fulfilled, and any person in possession of such goods, chattels, or effects knowing them to be subject to such lease or contract of purchase who shall so remove, conceal or dispose of the same with intent to injure or defraud the lessor or owner thereof, is guilty of embezzlement. (Added by Stats. 1917, Ch. 180.)
  142. 504b

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    A debtor who sells collateral under a security agreement and then, after receiving the sale proceeds, willfully and fraudulently withholds the required payment and uses the money personally commits 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 504b. Where under the terms of a security agreement, as defined in paragraph (74) of subdivision (a) of Section 9102 of the Commercial Code, the debtor has the right to sell the property covered thereby and is to account to the secured party for, and pay to the secured party the indebtedness secured by the security agreement from, the proceeds of the sale of any of the property, and where the debtor, having sold the property covered by the security agreement and having received the proceeds of the sale, willfully and wrongfully, and with the intent to defraud, fails to pay to the secured party the amounts due under the security agreement, or the proceeds of the sale, whichever is the lesser amount, and appropriates the money to his or her own use, the debtor shall be guilty of embezzlement and shall be punishable as provided in Section 514. (Amended by Stats. 2013, Ch. 531, Sec. 26. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
  143. 505.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    Carriers or others holding personal property for transport for hire must not fraudulently use it in a way that is inconsistent with safe keeping and transport; doing so is 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 505. Every carrier or other person having under his control personal property for the purpose of transportation for hire, who fraudulently appropriates it to any use or purpose inconsistent with the safe keeping of such property and its transportation according to his trust, is guilty of embezzlement, whether he has broken the package in which such property is contained, or has otherwise separated the items thereof, or not. (Enacted 1872.)
  144. 5050.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    Starting July 1, 2005, references to the Director of Corrections mean the Secretary of the Department of Corrections and Rehabilitation, and the Director’s office 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5050. Commencing July 1, 2005, any reference to the Director of Corrections in this or any other code refers to the Secretary of the Department of Corrections and Rehabilitation. As of that date, the office of the Director of Corrections is abolished. (Amended by Stats. 2005, Ch. 10, Sec. 36. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  145. 5051.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Director of Corrections must have wide and successful administrative experience in adult or youth correctional programs that embody rehabilitative concepts.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5051.2. The Director of Corrections shall have wide and successful administrative experience in adult or youth correctional programs embodying rehabilitative concepts. (Added by Stats. 1953, Ch. 1458.)
  146. 5052.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    An officer or employee of the Department of Corrections and Rehabilitation who is designated in writing by the secretary has the power of a department head.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5052. Any officer or employee of the Department of Corrections and Rehabilitation designated in writing by the secretary, shall have the power of a head of a department pursuant to Article 2 (commencing at Section 11180) of Chapter 2, Part 1, Division 3, Title 2, of the Government Code. (Amended by Stats. 2005, Ch. 10, Sec. 39. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  147. 5054.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation is given control over state prisons and responsibility for the care and management of people confined there, starting July 1, 2005.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5054. Commencing July 1, 2005, the supervision, management and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. (Amended by Stats. 2005, Ch. 10, Sec. 41. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  148. 5054.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation may order a person under the secretary’s jurisdiction returned to custody, and peace officers must execute the order as provided by law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5054.1. The Secretary of the Department of Corrections and Rehabilitation has full power to order returned to custody any person under the secretary’s jurisdiction. The written order of the secretary shall be sufficient warrant for any peace officer to return to actual custody any escaped state prisoner or any state prisoner released prior to his or her scheduled release date who should be returned to custody. All peace officers shall execute an order as otherwise provided by law. (Amended by Stats. 2007, Ch. 579, Sec. 49. Effective October 13, 2007.)
  149. 5054.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation must block visitation between certain incarcerated people and a child victim under 18, unless the juvenile court finds visitation is in the child’s best interests.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5054.2. Whenever a person is incarcerated in a state prison for violating Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5, 289, or former Section 288a, and the victim of one or more of those offenses is a child under the age of 18 years, the Secretary of the Department of Corrections and Rehabilitation shall protect the interest of that child victim by prohibiting visitation between the incarcerated person and the child victim pursuant to Section 1202.05. The secretary shall allow visitation only when the juvenile court, pursuant to Section 362.6 of the Welfare and Institutions Code, finds that visitation between the incarcerated person and his or her child victim is in the best interests of the child victim. (Amended by Stats. 2018, Ch. 423, Sec. 110. (SB 1494) Effective January 1, 2019.)
  150. 5055.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    Starting July 1, 2005, the Secretary of the Department of Corrections and Rehabilitation exercises the Department of Corrections’ former powers and duties, except those expressly vested in 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5055. Commencing July 1, 2005, all powers and duties previously granted to and imposed upon the Department of Corrections shall be exercised by the Secretary of the Department of Corrections and Rehabilitation, except where those powers and duties are expressly vested by law in the Board of Parole Hearings. Whenever a power is granted to the secretary or a duty is imposed upon the secretary, the power may be exercised or the duty performed by a subordinate officer to the secretary or by a person authorized pursuant to law by the secretary. (Amended by Stats. 2005, Ch. 10, Sec. 42. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  151. 5055.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation must create quarterly Data Dashboards for each institution and the department must post the reports online.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5055.5. (a) The Secretary of the Department of Corrections and Rehabilitation shall develop a Data Dashboard as described in subdivisions (b) and (c) for each institution on a quarterly basis and post those reports on the department’s Internet Web site. The department shall post both current fiscal-year reports and reports for the immediately preceding three fiscal years for each institution. The department shall also post corrections made to inaccurate or incomplete data to current or previous reports. (b) Each report shall include a brief biography of the warden, including whether he or she is an acting or permanent warden, and a brief description of the prison, including the total number and level of inmates. (c) Each report shall be created using the following information already collected using the COMPSTAT (computer assisted statistics) reports for each prison and shall include, but not be limited to, all of the following indicators: (1) Staff vacancies, overtime, sick leave, and number of authorized staff positions. (2) Rehabilitation programs, including enrollment capacity, actual enrollment, and diploma and GED completion rate. (3) Number of deaths, specifying homicides, suicides, unexpected deaths, and expected deaths. (4) Number of use of force incidents. (5) Number of inmate appeals, including the number being processed, overdue, dismissed, and upheld. (6) Number of inmates in administrative segregation. (7) Total contraband seized, specifying the number of cellular telephones and drugs. (d) Each report shall also include the following information, which is not currently collected or displayed by COMPSTAT: (1) Total budget, including actual expenditures. (2) Number of days in lockdown. (Added by Stats. 2015, Ch. 162, Sec. 2. (SB 601) Effective January 1, 2016.)
  152. 5056.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    State prisons must have citizens’ advisory committees, and the committees and wardens must meet several membership, meeting, and visitation 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5056. (a) Each state prison under the jurisdiction of the department shall have a citizens’ advisory committee except that one committee may serve every prison located in the same city or community. Each committee shall consist of not more than 15 members appointed by the institution’s warden, nine of whom shall be appointed from a list of nominations submitted to him or her as follows: (1) Two persons from nominations submitted by the Assembly Member in whose district the prison is located. (2) Two persons from nominations submitted by the Senator in whose district the prison is located. (3) Two persons from nominations submitted by the city council of the city containing or nearest to the institution. (4) Two persons from nominations submitted by the county board of supervisors of the county containing the institution. (5) One person from nominations submitted by the chief of police of the city containing or nearest to the institution and the county sheriff of the county containing the institution. (b) Where a citizens’ advisory committee serves more than one prison, the warden of each prison served by this committee shall collaborate with every other warden of a prison served by the committee for the purpose of appointing committee members. (c) Each committee shall select its own chairperson by a majority vote of its members. The term of office of all members shall be two years. In the event of a vacancy due to resignation, death, or absence from three consecutive meetings, the appointing power shall fill the vacancy following receipt of written notification that a vacancy has occurred. (d) Each committee shall meet at least once every two months or as often, on the call of the chairperson, as necessary to carry out the purposes and duties of the committee. Meetings of the committee shall be open to the public. The warden of each institution shall meet with the committee at least four times each year. The advisory committees of the several institutions shall have the power of visitation of prison facilities and personnel in furtherance of the goals of this section. (e) Nothing in this section shall be construed to require the disclosure by the department of information which may threaten the security of an institution or the safety of the surrounding community, nor shall the power of visitation specified in subdivision (d) extend to situations where institutional security would be jeopardized. (Amended by Stats. 1997, Ch. 942, Sec. 2. Effective October 12, 1997.)
  153. 5056.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The section requires an additional advisory committee member for the Chino Valley Independent Fire District, nominated by that district and selected by the warden.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5056.1. (a) The Legislature finds and declares that due to the local conditions resulting in the Chino Valley Independent Fire District having within its area of service two state institutions under the jurisdiction of the Department of Corrections and Rehabilitation, the California Institution for Men and the California Institution for Women, special legislation is needed to address the need for the citizens’ advisory committees responsible for those institutions to have an additional member representing the Chino Valley Independent Fire District. (b) In addition to the members designated for the citizens’ advisory committees that advise the California Institution for Men and the California Institution for Women pursuant to Section 5056, there shall be an additional member representing the Chino Valley Independent Fire District, nominated by the Chino Valley Independent Fire District, for selection by the warden, pursuant to Section 5056. (Added by Stats. 2009, Ch. 108, Sec. 1. (AB 430) Effective January 1, 2010.)
  154. 5057.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The secretary must set up an accounting and auditing system for the department and may change it from time to time. The system must cover records needed to account for inmates’ money and property. State money received by the department must be reported to the Controller and deposited in the State Treasury every month unless another law provides otherwise.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5057. (a) Subject to the powers of the Department of Finance under Section 13300 of the Government Code, the secretary shall establish an accounting and auditing system for all of the agencies and institutions including the prisons which comprise the department in whatever form that will best facilitate their operation, and may modify the system from time to time. (b) The accounting and auditing system shall include those accounts and records that are necessary to properly account for all money and property of the inmates. (c) Except where other disposition is provided by law, all money belonging to the state received by the department, shall be reported to the Controller and deposited in the State Treasury monthly. (Amended by Stats. 2005, Ch. 10, Sec. 43. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  155. 5057.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Director of Corrections may accept gifts or donations of goods or services for the state if the director reviews them and finds no illegal or discriminatory conditions, no state-fund spending, and that acceptance is in the state’s best interests.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5057.5. (a) Notwithstanding Section 11005 of the Government Code, the Director of Corrections may accept a gift or donation of goods or services to the state following a review and determination by the director that the gift or donation is not subject to illegal or discriminatory conditions, that it does not involve the expenditure of state funds, and that the acceptance of the gift is in the best interests of the state. (b) Notwithstanding subdivision (a), the acceptance of a gift or donation that would involve any expenditure of state funds shall be subject to Section 11005 of the Government Code. (c) It is the intent of the Legislature in enacting this section to recognize the significant contribution that private donors of goods and services can make in supporting the corrections system, and the development of effective vocational education and correctional industries in our prison system. With that objective in mind, the Director of Corrections is encouraged to further develop the current system of gifts and donations through the design of a prompt and efficient review procedure that will encourage donors and protect the interests of the state. (Added by Stats. 1983, Ch. 574, Sec. 1.)
  156. 5058.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The director may make and change prison and parole rules, but must file them, make them understandable, post or mail regular-rulemaking copies 20 days before they take effect, and publish a public compendium.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058. (a) (1) The director may prescribe and amend rules and regulations for the administration of the prisons and for the administration of the parole of persons sentenced under Section 1170 except those persons who meet the criteria set forth in Section 2962. The rules and regulations shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise provided in this section and Sections 5058.1 to 5058.3, inclusive. All rules and regulations shall, to the extent practical, be stated in language that is easily understood by the general public. (2) For any rule or regulation filed as regular rulemaking as defined in paragraph (5) of subdivision (a) of Section 1 of Title 1 of the California Code of Regulations, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them no less than 20 days prior to its effective date. (b) The director shall maintain, publish, and make available to the general public, a compendium of the rules and regulations promulgated by the director pursuant to this section and Sections 5058.1 to 5058.3, inclusive. (c) The following are deemed not to be “regulations” as defined in Section 11342.600 of the Government Code: (1) Rules issued by the director applying solely to a particular prison or other correctional facility, provided that the following conditions are met: (A) All rules that apply to prisons or other correctional facilities throughout the state are adopted by the director pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (B) All rules except those that are excluded from disclosure to the public pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code are made available to all inmates confined in the particular prison or other correctional facility to which the rules apply and to all members of the general public. (2) Short-term criteria for the placement of inmates in a new prison or other correctional facility, or subunit thereof, during its first six months of operation, or in a prison or other correctional facility, or subunit thereof, planned for closing during its last six months of operation, provided that the criteria are made available to the public and that an estimate of fiscal impact is completed pursuant to Sections 6650 to 6670, inclusive, of the State Administrative Manual. (3) Rules issued by the director that are excluded from disclosure to the public pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 343. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  157. 5058.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The director may issue pilot-program regulations without following the specified Government Code chapter if several conditions are met, including limits on inmate population impact, written certification, filing, publication, and a fiscal impact estimate.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058.1. (a) For the purposes of this section, “pilot program” means a program implemented on a temporary and limited basis in order to test and evaluate the effectiveness of the program, develop new techniques, or gather information. (b) The adoption, amendment, or repeal of a regulation by the director to implement a legislatively mandated or authorized pilot program or a departmentally authorized pilot program, is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, if the following conditions are met: (1) A pilot program affecting male inmates affects no more than 10 percent of the total state male inmate population; a pilot program affecting female inmates affects no more than 10 percent of the total state female inmate population; and a pilot program affecting male and female inmates affects no more than 10 percent of the total state inmate population. (2) The director certifies in writing that the regulations apply to a pilot program that qualifies for exemption under this section. The certification shall include a description of the pilot program and of the methods the department will use to evaluate the results of the pilot program. (3) The certification and regulations are filed with the Office of Administrative Law and the regulations are made available to the public by publication pursuant to subparagraph (F) of paragraph (3) of subdivision (b) of Section 6 of Title 1 of the California Code of Regulations. (4) An estimate of fiscal impact is completed pursuant to Sections 6650 to 6670, inclusive, of the State Administrative Manual. (c) The adoption, amendment, or repeal of a regulation pursuant to this section becomes effective immediately upon filing with the Secretary of State. (d) A regulation adopted pursuant to this section is repealed by operation of law, and the amendment or repeal of a regulation pursuant to this section is reversed by operation of law, two years after the commencement of the pilot program being implemented, unless the adoption, amendment, or repeal of the regulation is promulgated by the director pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purpose of this subdivision, a pilot program commences on the date the first regulatory change implementing the program is filed with the Secretary of State. (Added by Stats. 2001, Ch. 141, Sec. 2. Effective January 1, 2002.)
  158. 5058.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The department may take an immediate action or policy when the director finds compelling need and serious harm is likely without it, but it must later issue and mail a written determination and the policy lapses unless an emergency regulation is filed.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058.2. (a) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a department action or policy implementing an action, that is based on a determination by the director that there is a compelling need for immediate action, and that unless the action is taken, serious injury, illness, or death is likely to result. The action, or the policy implementing the action, may be taken provided that the following conditions shall subsequently be met: (1) A written determination of imminent danger shall be issued describing the compelling need and why the specific action or actions must be taken to address the compelling need. (2) The written determination of imminent danger shall be mailed within 10 working days to every person who has filed a request for notice of regulatory actions with the department and to the Chief Clerk of the Assembly and the Secretary of the Senate for referral to the appropriate policy committees. (b) Any policy in effect pursuant to a determination of imminent danger shall lapse by operation of law 15 calendar days after the date of the written determination of imminent danger unless an emergency regulation is filed with the Office of Administrative Law pursuant to Section 5058.3. This section shall in no way exempt the department from compliance with other provisions of law related to fiscal matters of the state. (Added by Stats. 2001, Ch. 141, Sec. 3. Effective January 1, 2002.)
  159. 5058.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The director may use an emergency rulemaking route for certain regulations, with specific shortened procedures and review steps.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058.3. (a) Emergency adoption, amendment, or repeal of a regulation by the director shall be conducted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except with respect to the following: (1) Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the initial effective period for an emergency adoption, amendment, or repeal of a regulation shall be 160 days. (2) Notwithstanding subdivision (b) of Section 11346.1 of the Government Code, no showing of emergency is necessary in order to adopt, amend, or repeal an emergency regulation if the director instead certifies, in a written statement filed with the Office of Administrative Law, that operational needs of the department require adoption, amendment, or repeal of the regulation on an emergency basis. The written statement shall include a description of the underlying facts and an explanation of the operational need to use the emergency rulemaking procedure. This paragraph provides an alternative to filing a statement of emergency pursuant to subdivision (b) of Section 11346.1 of the Government Code. It does not preclude filing a statement of emergency. This paragraph only applies to the initial adoption and one readoption of an emergency regulation. (3) Notwithstanding subdivision (b) of Section 11349.6 of the Government Code, the adoption, amendment, or repeal of a regulation pursuant to paragraph (2) shall be reviewed by the Office of Administrative Law within 20 calendar days after its submission. In conducting its review, the Office of Administrative Law shall accept and consider public comments for the first 10 calendar days of the review period. Copies of any comments received by the Office of Administrative Law shall be provided to the department. (4) Regulations adopted pursuant to paragraph (2) of subdivision (a) are not subject to the requirements of paragraph (2) of subdivision (a) of Section 11346.1 of the Government Code. (b) It is the intent of the Legislature, in authorizing the deviations in this section from the requirements and procedures of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, to authorize the department to expedite the exercise of its power to implement regulations as its unique operational circumstances require. (Amended by Stats. 2006, Ch. 713, Sec. 7. Effective January 1, 2007.)
  160. 5058.4.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The director and department must create and maintain employee discipline and conduct materials, and the department must notify certain employees about misconduct, reporting, cooperation, and anti-retaliation 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058.4. (a) The director shall provide for the development and implementation of a disciplinary matrix with offenses and associated punishments applicable to all department employees, in order to ensure notice and consistency statewide. The disciplinary matrix shall take into account aggravating and mitigating factors for establishing a just and proper penalty for the charged misconduct, as required by the California Supreme Court in Skelly v. State Personnel Board (1975) 15 Cal.3d 194. The presence of aggravating or mitigating factors may result in the imposition of a greater or a lesser penalty than might otherwise be mandated by the disciplinary matrix. (b) The director shall adopt a code of conduct for all employees of the department. (c) The director shall ensure that employees who have reported improper governmental activities and who request services from the department are informed of the services available to them. (d) The department shall post the code of conduct in locations where employee notices are maintained. On July 1, 2005, and annually thereafter, the department shall send by electronic mail to its employees who have authorized access to electronic mail, the following: (1) Information regarding the code of conduct. (2) The duty to report misconduct. (3) How to report misconduct. (4) The duty to fully cooperate during investigations. (5) Assurances against retaliation. (Added by Stats. 2004, Ch. 738, Sec. 2. Effective January 1, 2005.)
  161. 5058.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    Department of Corrections mental health clinicians may provide listed medically or psychologically necessary services.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058.5. In addition to the services rendered by physicians and surgeons, including psychiatrists, or by psychologists, pursuant to Sections 5068 and 5079, physicians and surgeons, including psychiatrists and psychologists, employed by, or under contract to provide mental health services to, the Department of Corrections may also provide the following medically or psychologically necessary services: prescreening of mental disorders; determination of the mental competency of inmates to participate in classification hearings; evaluation of parolees during temporary detention; determining whether mental health treatment should be a condition of parole; and such other services as may be required which are consistent with their licensure. (Added by Stats. 1984, Ch. 1123, Sec. 2.)
  162. 5058.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Director of the Department of Corrections may issue subpoenas under the cited Government Code procedure, and the department must adopt regulations for subpoena policies and guidelines.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058.6. The Director of the Department of Corrections shall have the authority of a head of a department set forth in subdivision (e) of Section 11181 of the Government Code to issue subpoenas as provided in Article 2 (commencing with Section 11180) of Chapter 2 of Division 3 of Title 2 of the Government Code. The department shall adopt regulations on the policies and guidelines for the issuance of subpoenas. (Added by renumbering Section 5058.5 (as added by Stats. 1992, Ch. 695) by Stats. 2001, Ch. 854, Sec. 53. Effective January 1, 2002.)
  163. 5058.7.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The department must approve an attorney’s request for a confidential call with the inmate they represent.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5058.7. (a) The department shall approve an attorney’s request to have a confidential call with the inmate that they represent. The approved confidential call shall be at least 30 minutes once per month, per inmate, per case, unless the inmate or attorney requests less time. (b) For purposes of this section, “confidential call” means a telephone call between an inmate and their attorney that both the inmate and attorney intend to be private. (Added by Stats. 2020, Ch. 333, Sec. 1. (AB 3043) Effective January 1, 2021.)
  164. 5059.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    This title does not change the Department of Transportation’s powers or jurisdiction over road camps.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5059. This title shall not affect the powers or jurisdiction of the Department of Transportation as to road camps pursuant to Article 4 (commencing with Section 2760) of Chapter 5 of Title 1 of Part 3. (Amended by Stats. 1987, Ch. 828, Sec. 148.)
  165. 506.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    Certain fiduciaries and contractors commit embezzlement if they fraudulently use or hide property or money for a purpose other than the one it was entrusted for.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 506. Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other person, who fraudulently appropriates it to any use or purpose not in the due and lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, and any contractor who appropriates money paid to him for any use or purpose, other than for that which he received it, is guilty of embezzlement, and the payment of laborers and materialmen for work performed or material furnished in the performance of any contract is hereby declared to be the use and purpose to which the contract price of such contract, or any part thereof, received by the contractor shall be applied. (Amended by Stats. 1919, Ch. 518.)
  166. 5060.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Director of Corrections may help people released from confinement and may secure jobs for 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5060. The Director of Corrections may assist persons discharged, paroled, or otherwise released from confinement in an institution of the department and may secure employment for them, and for such purposes he may employ necessary officers and employees, may purchase tools, and give any other assistance that, in his judgment, he deems proper for the purpose of carrying out the objects and spirit of this section. Repayment of cash assistance received under this section from the current, or any prior appropriation, shall be credited to the appropriation current at time of such repayment. (Added by Stats. 1965, Ch. 1751.)
  167. 5061.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The director must wait at least 10 calendar days before disposing of a deceased inmate’s body, unless the waiting period is waived after confirmation that next of kin refuses the body. The section also directs how the deceased person’s funds and property must be handled.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5061. Whenever any person confined in any state institution subject to the jurisdiction of the Director of Corrections dies, and no demand or claim is made upon the director or his or her designee for the body of the deceased inmate by the inmate’s next of kin or legally appointed representative, the director shall dispose of the body by cremation or burial no sooner than 10 calendar days after the inmate’s death. The director or his or her designee may waive the 10-day waiting period for disposal of the deceased inmate’s body if confirmation is received that the inmate’s next of kin, or legally appointed representative, refuses to take possession of the body. If any personal funds or property of that person remains in the custody or possession of the Director of Corrections, the funds shall be applied to the payment of his or her cremation or burial expenses and related charges in an amount not exceeding those expenses and charges. If no demand or claim is made upon the director by the owner of the funds or property or his or her legally appointed representative, the director shall hold and dispose of those funds or property as follows: (a) If the decedent leaves a will, the director shall, within 30 days after the date of death of the decedent, deliver the will to the clerk of the superior court having jurisdiction of the estate. If an executor is named in the will, the director shall furnish him or her written notice of the delivery of the will as provided in this section. (b) All money or other personal property of the decedent remaining in the custody or possession of the director shall be held by him or her for a period of one year from the date of death of the decedent, for the benefit of the heirs, legatees or successors in interest of that decedent. (c) Upon the expiration of the one-year period, any money remaining unclaimed in the custody or possession of the director shall be delivered by him or her to the Treasurer for deposit in the Unclaimed Property Fund under Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. (d) Upon the expiration of the one-year period, all personal property and documents of the decedent, other than cash, remaining unclaimed in the custody or possession of the director, shall be disposed of as follows: (1) All deeds, contracts, or assignments shall be filed by the director with the public administrator of the county of commitment of the decedent. (2) All other personal property shall be sold by the director at public auction, or upon a sealed-bid basis, and the proceeds of the sale delivered by him or her to the Treasurer in the same manner as is provided in this section with respect to unclaimed money of the decedent. If he or she deems it expedient to do so, the director may accumulate the property of several decedents and sell the property in such lots as he or she may determine, provided that he or she makes a determination as to each decedent’s share of the proceeds. (3) If any personal property of the decedent is not salable at public auction, or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify the deposit of the property in the State Treasury, the director may order it destroyed. (4) All other unclaimed personal property of the decedent not disposed of as provided in paragraph (1), (2), or (3), shall be delivered by the director to the Controller for deposit in the State Treasury under Article 1 (commencing with Section 1440) of Chapter 6 of Title 10 of Part 3 of the Code of Civil Procedure. (Amended by Stats. 1996, Ch. 805, Sec. 4. Effective January 1, 1997.)
  168. 5062.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Director of Corrections must hold certain unclaimed inmate money and intangible property for three years, file deeds/contracts/assignments after one year, and sell or destroy certain tangible property under specified 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5062. Whenever any person confined in any state institution subject to the jurisdiction of the Director of Corrections escapes, or is discharged or paroled from that institution, and any personal funds or property of that person remains in the hands of the Director of Corrections, and no demand is made upon the director by the owner of the funds or property or his or her legally appointed representative, all money and other intangible personal property of the person, other than deeds, contracts, or assignments, remaining in the custody or possession of the director shall be held by him or her for a period of three years from the date of that escape, discharge, or parole, for the benefit of that person or his or her successors in interest. Upon the expiration of the three-year period, any money and other intangible personal property, other than deeds, contracts, or assignments, remaining unclaimed in the custody or possession of the director shall be subject to Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. Upon the expiration of one year from the date of that escape, discharge, or parole: (a) All deeds, contracts, or assignments shall be filed by the director with the public administrator of the county of commitment of that person. (b) All tangible personal property other than money, remaining unclaimed in his or her custody or possession, shall be sold by the director at public auction, or upon a sealed-bid basis, and the proceeds of the sale shall be held by him or her subject to Section 5008 and subject to Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure. If he or she deems it expedient to do so, the director may accumulate the property of several inmates and may sell the property in lots as he or she may determine, provided that he or she makes a determination as to each inmate’s share of the proceeds. If any tangible personal property covered by this section is not salable at public auction or upon a sealed-bid basis, or if it has no intrinsic value, or if its value is not sufficient to justify its retention by the director to be offered for sale at public auction or upon a sealed-bid basis at a later date, the director may order it destroyed. (Amended by Stats. 1992, Ch. 225, Sec. 1. Effective January 1, 1993.)
  169. 5063.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    Before certain property is disposed of under Sections 5061 or 5062, notice must be posted and a copy mailed at least 30 days in advance.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5063. Before any money or other personal property or documents are delivered to the State Treasurer, State Controller, or public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 5061, and before any personal property or documents are delivered to the public administrator, or sold at auction or upon a sealed-bid basis, or destroyed, under the provisions of Section 5062, of this code, notice of said intended disposition shall be posted at least 30 days prior to the disposition, in a public place at the institution where the disposition is to be made, and a copy of such notice shall be mailed to the last known address of the owner or deceased owner, at least 30 days prior to such disposition. The notice prescribed by this section need not specifically describe each item of property to be disposed of. (Amended by Stats. 1961, Ch. 1962.)
  170. 5064.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    When the director delivers money or other personal property to the Treasurer or Controller under the specified provisions, the director must also give the Controller a schedule listing the property and the owner’s name and last known address.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5064. At the time of delivering any money or other personal property to the Treasurer or Controller under Section 5061 or of Article 1 (commencing with Section 1500) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure, the director shall deliver to the Controller a schedule setting forth a statement and description of all money and other personal property delivered, and the name and last known address of the owner or deceased owner. (Amended by Stats. 1987, Ch. 828, Sec. 151.)
  171. 5065.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    If personal property was destroyed under Sections 5061 or 5062, no person may later bring a suit against the State or an officer of the State for that property.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5065. When any personal property has been destroyed as provided in Section 5061 or 5062, no suit shall thereafter be maintained by any person against the State or any officer thereof for or on account of such property. (Added by Stats. 1951, Ch. 1708.)
  172. 5065.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    If certain conditions are met, a person or entity that contracts with a criminal offender to sell the story of a crime must notify the California Department of Corrections and Rehabilitation. The department must then notify the victim, or certain family members if the victim cannot be reasonably notified, within 90 days of being notified.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5065.5. (a) A person or entity that enters into a contract with a criminal offender for the sale of the story of a crime for which the offender was convicted shall notify the California Department of Corrections and Rehabilitation that the parties have entered into a contract for sale of the offender’s story if both of the following conditions are met: (1) The offender’s conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7. (2) Subdivision (b) of Section 340.3 of the Code of Civil Procedure does not preclude commencement of a civil action against the criminal offender. (b) Within 90 days of being notified, the California Department of Corrections and Rehabilitation shall notify the victim, or if the victim cannot be reasonably notified, a member of the victim’s immediate family, who has requested notification of the existence of a contract described by this section. (c) For purposes of this section, “member of the victim’s immediate family” means a spouse, child, parent, sibling, grandchild, or grandparent. (Amended by Stats. 2016, Ch. 86, Sec. 241. (SB 1171) Effective January 1, 2017.)
  173. 5066.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Director of Corrections must expand the prison ombudsman program across the state prison system, especially in maximum security institutions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5066. The Director of Corrections shall expand the existing prison ombudsman program to ensure the comprehensive deployment of ombudsmen throughout the state prison system with specific focus on the maximum security institutions. (Amended by Stats. 2004, Ch. 193, Sec. 149. Effective January 1, 2005.)
  174. 5068.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    This section requires the correctional secretary to evaluate newly committed prisoners, classify them, and generally place or reassign them near home when reasonable, with special rules for people with children. It also requires parole-related written evaluations before release in certain 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5068. (a) For purposes of this section, the following terms have the following meanings: (1) “Incarcerated person’s home” means a place where the incarcerated person’s spouse, parents, or children reside at the time of commitment or at the time of a review of an incarcerated person’s classification or housing assignment. (2) “Reasonable” includes consideration of the safety of the incarcerated person and the institution. (3) “Reassign” means to transfer an incarcerated person’s housing assignment from one institution to another. (b) (1) The Secretary of the Department of Corrections and Rehabilitation shall evaluate a person who is newly committed to a state prison. The evaluation shall include the investigation of all pertinent circumstances of the person’s life, including the existence of any strong community and family ties, the maintenance of which may aid in the person’s rehabilitation, and the antecedents of the violation of law because of which the person has been committed to prison. (2) An incarcerated person’s placement may be reevaluated to determine whether existing orders and dispositions should be modified or continued in force, including, but not limited to, whether a child described in subparagraph (A) of paragraph (2) of subdivision (c) has moved to a place significantly nearer to an otherwise suitable and appropriate institution. (c) (1) The secretary shall classify incarcerated persons based on the evaluations described in subdivision (b), and when reasonable, the secretary shall assign or reassign an incarcerated person to the institution of the appropriate security level and gender population nearest the incarcerated person’s home, unless other classification factors make that placement unreasonable. (2) (A) If the incarcerated person has a parent and child relationship with a child under 18 years of age, as described in Chapter 2 (commencing with Section 7610) of Part 3 of Division 12 of the Family Code, or is a guardian or relative caregiver as defined in Section 17550 of the Family Code, the secretary shall place the person in the correctional institution or facility that is located nearest to the primary place of residence of the person’s child, provided that the placement is suitable and appropriate, would facilitate increased contact between the person and their child, and the incarcerated parent gives their consent to the placement. (B) An incarcerated person may request a review of their housing assignment when there is a change in the primary place of residence of the person’s child upon which the person’s housing assignment was based. (C) If an incarcerated person has more than one child under 18 years of age, the department shall make a separate determination for each individual child. (d) When the diagnostic study of an incarcerated person committed to an indeterminate sentence pursuant to subdivision (b) of Section 1168 indicates the need for a psychiatric or psychological evaluation, the secretary shall cause a psychiatric or psychological report to be prepared for the Board of Parole Hearings prior to the release of the incarcerated person. The report shall be prepared by a psychiatrist or psychologist licensed to practice in this state. (e) Before the release of an incarcerated person committed under subdivision (b) of Section 1168, the secretary shall provide the Board of Parole Hearings with a written evaluation of the incarcerated person. (Repealed and added by Stats. 2023, Ch. 98, Sec. 2. (AB 1226) Effective January 1, 2024.)
  175. 5068.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    People providing or supervising mental health services in the state correctional system generally must be licensed, but some long-serving staff and certain trainees can be exempted or waived.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5068.5. (a) Notwithstanding any other law, except as provided in subdivisions (b) and (c), any person employed or under contract to provide diagnostic, treatment, or other mental health services in the state or to supervise or provide consultation on these services in the state correctional system shall be a physician and surgeon, a psychologist, or other health or mental health professional, licensed to practice in this state. (b) Notwithstanding Section 5068, the following persons are exempt from the requirements of subdivision (a), so long as they continue in employment in the same class and in the same department: (1) Persons employed on January 1, 1985, as psychologists to provide diagnostic or treatment services, including those persons on authorized leave, but not including intermittent personnel. (2) Persons employed on January 1, 1989, to supervise or provide consultation on the diagnostic or treatment services, including persons on authorized leave, but not including intermittent personnel. (c) (1) (A) The requirements of subdivision (a) may be waived by the secretary solely for persons in the professions of psychology, clinical social work, marriage and family therapy, or professional clinical counseling who are gaining qualifying experience for licensure in those professions in this state. Providers working in a licensed health care facility operated by the department shall also obtain a waiver in accordance with Section 1277 of the Health and Safety Code. (B) For the purposes of this paragraph, “qualifying experience” means experience that satisfies the requirements of Chapter 6.6 (commencing with Section 2900), Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with Section 4991), or Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. (2) A waiver granted pursuant to this subdivision shall not exceed four years from commencement of the employment in this state in a position that includes qualifying experience, at which time licensure shall have been obtained or the employment shall be terminated, except that an extension of a waiver of licensure may be granted for one additional year, based on extenuating circumstances determined by the department pursuant to subdivision (d). For persons employed as psychologists, clinical social workers, marriage and family therapists, or professional clinical counselors less than full time, an extension of a waiver of licensure may be granted for additional years proportional to the extent of part-time employment, as long as the person is employed without interruption in service, but in no case shall the waiver of licensure exceed five years in the case of psychologists or six years in the case of clinical social workers, marriage and family therapists, or professional clinical counselors. However, this durational limitation upon waivers shall not apply to active candidates for a doctoral degree in social work, social welfare, or social science who are enrolled at an accredited university, college, or professional school, but these limitations shall apply following completion of that training. (3) A waiver pursuant to this subdivision shall be granted only to the extent necessary to qualify for licensure, except that personnel recruited for employment from outside this state and whose experience is sufficient to gain admission to a licensure examination shall nevertheless have one year from the date of their employment in California to become licensed, at which time licensure shall have been obtained or the employment shall be terminated, provided that the employee shall take the licensure examination at the earliest possible date after the date of the employee’s employment, and if the employee does not pass the examination at that time, the employee shall have a second opportunity to pass the next possible examination, subject to the one-year limit. (d) The department shall grant a request for an extension of a waiver of licensure pursuant to subdivision (c) based on extenuating circumstances if any of the following circumstances exist: (1) The person requesting the extension has experienced a recent catastrophic event that may impair the person’s ability to qualify for and pass the licensure examination. Those events may include, but are not limited to, significant hardship caused by a natural disaster; serious and prolonged illness of the person; serious and prolonged illness or death of a child, spouse, or parent; or other stressful circumstances. (2) The person requesting the extension has difficulty speaking or writing the English language, or other cultural and ethnic factors exist that substantially impair the person’s ability to qualify for and pass the license examination. (3) The person requesting the extension has experienced other personal hardship that the department, in its discretion, determines to warrant the extension. (Amended by Stats. 2025, Ch. 10, Sec. 8. (AB 134) Effective June 27, 2025.)
  176. 5069.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    This section requires state correction officials to set up rehabilitation procedures, notify injured inmates in some cases, and provide rehabilitation services.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5069. (a) The administrative director of the Division of Industrial Accidents shall formulate procedures for the selection and orderly referral of injured inmates of state penal or correctional institutions who may be benefited by rehabilitation services and retrained for other positions upon release from incarceration. The State Department of Rehabilitation shall cooperate in both designing and monitoring results of rehabilitation programs for the disabled inmates. The primary purpose of this section is to rehabilitate injured inmates in order that they might engage in suitable and gainful employment upon their release. (b) The director shall notify the injured inmate of the availability of rehabilitation services in those cases where there is continuing disability of 28 days and beyond. A copy of such notification shall be forwarded to the State Department of Rehabilitation. (c) The initiation of a rehabilitation plan shall be the responsibility of the director. (d) Upon establishment of a rehabilitation plan, the injured inmate shall cooperate in carrying it out. (e) The injured inmate shall receive such medical and vocational rehabilitative services as may be reasonably necessary to restore him to suitable employment. (f) The injured inmate’s rehabilitation benefit is an additional benefit and shall not be converted to or replace any workmen’s compensation benefit available to him. (Added by Stats. 1976, Ch. 1347.)
  177. 506a

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    People acting as collectors, or in debt-collection businesses, are treated like agents/persons under Section 506 if they violate that 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 506a. Any person who, acting as collector, or acting in any capacity in or about a business conducted for the collection of accounts or debts owing by another person, and who violates Section 506 of the Penal Code, shall be deemed to be an agent or person as defined in Section 506, and subject for a violation of Section 506, to be prosecuted, tried, and punished in accordance therewith and with law; and “collector” means every such person who collects, or who has in his or her possession or under his or her control property or money for the use of any other person, whether in his or her own name and mixed with his or her own property or money, or otherwise, or whether he or she has any interest, direct or indirect, in or to such property or money, or any portion thereof, and who fraudulently appropriates to his or her own use, or the use of any person other than the true owner, or person entitled thereto, or secretes that property or money, or any portion thereof, or interest therein not his or her own, with a fraudulent intent to appropriate it to any use or purpose not in the due and lawful execution of his or her trust. (Amended by Stats. 1987, Ch. 828, Sec. 30.)
  178. 506b

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    A person who violates Civil Code Sections 2985.3 or 2985.4, related to real property sales contracts, commits a public offense and may be fined or jailed.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 506b. Any person who violates Section 2985.3 or 2985.4 of the Civil Code, relating to real property sales contracts, is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 379. (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.)
  179. 507.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

    Verify source ↗

    A person entrusted with property as a bailee, tenant, lodger, or under a power of attorney for sale or transfer commits embezzlement if they fraudulently convert it or hide it to convert it for their own 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 507. Every person intrusted with any property as bailee, tenant, or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same or the proceeds thereof to his own use, or secretes it or them with a fraudulent intent to convert to his own use, is guilty of embezzlement. (Enacted 1872.)
  180. 5070.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Director of Corrections may assign any prison inmate to academic or vocational training programs in correctional institutions for offenders of the opposite sex, and the inmate’s sex cannot block that assignment.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5070. Notwithstanding any other provision of law, the sex of a prison inmate shall not prevent the Director of Corrections from assigning any prison inmate to academic or vocational training programs situated in correctional institutions established for the incarceration of offenders of the opposite sex. (Added by Stats. 1978, Ch. 685.)
  181. 5071.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    The Secretary of the Department of Corrections and Rehabilitation may not assign an inmate to work that gives access to private individuals’ personal information. An inmate who has access to personal information must disclose being a prison inmate before taking that information from anyone.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5071. (a) The Secretary of the Department of Corrections and Rehabilitation shall not assign any prison inmate to employment that provides that inmate with access to personal information of private individuals, including, but not limited to, the following: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; mothers’ maiden names; demand deposit account, debit card, credit card, savings account, or checking account numbers, PINs, or passwords; social security numbers; places of employment; dates of birth; state- or government-issued driver’s license or identification numbers; United States Citizenship and Immigration Services-assigned numbers; government passport numbers; unique biometric data, such as fingerprints, facial scan identifiers, voice prints, retina or iris images, or other similar identifiers; unique electronic identification numbers; address or routing codes; and telecommunication identifying information or access devices. (b) Any person who is a prison inmate, and who has access to any personal information, shall disclose that they are a prison inmate before taking any personal information from anyone. (c) This section shall not apply to inmates in employment programs or public service facilities where incidental contact with personal information may occur. (Amended by Stats. 2021, Ch. 296, Sec. 51. (AB 1096) Effective January 1, 2022.)
  182. 5072.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    This section lets corrections and health officials create a reimbursement process for certain inpatient hospital services for inmates, with related invoicing, reimbursement, and federal-approval 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5072. (a) Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation and the State Department of Health Care Services may develop a process to maximize federal financial participation for the provision of acute inpatient hospital services rendered to individuals who, but for their institutional status as inmates, are otherwise eligible for Medi-Cal pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code or a Low Income Health Program (LIHP) pursuant to Part 3.6 (commencing with Section 15909) of Division 9 of the Welfare and Institutions Code. (b) Federal reimbursement for acute inpatient hospital services for inmates enrolled in Medi-Cal shall occur through the State Department of Health Care Services and federal reimbursement for acute inpatient hospital services for inmates not enrolled in Medi-Cal but who are eligible for a LIHP shall occur through a county LIHP. (c) (1) The Secretary of the Department of Corrections and Rehabilitation, in conjunction with the State Department of Health Care Services, shall develop a process to claim federal financial participation and to reimburse the Department of Corrections and Rehabilitation for the federal share of the allowable Medicaid cost provision of acute inpatient hospital services rendered to inmates according to this section and for any administrative costs incurred in support of those services. (2) Public or community hospitals shall invoice the Department of Corrections and Rehabilitation to obtain reimbursement for acute inpatient hospital services in accordance with contracted rates of reimbursement, or if no contract is in place, the rates pursuant to Section 5023.5. The Department of Corrections and Rehabilitation shall reimburse a public or community hospital for the delivery of acute inpatient hospital services rendered to an inmate pursuant to this section. For individuals eligible for Medi-Cal pursuant to this section, the Department of Corrections and Rehabilitation shall submit a quarterly invoice to the State Department of Health Care Services for claiming federal participation at the Medi-Cal rate for acute inpatient hospital services. For enrollees in the LIHP, the Department of Corrections and Rehabilitation shall submit a quarterly invoice to the county of last legal residence pursuant to Section 14053.7 of the Welfare and Institutions Code. The county shall submit the invoice to the State Department of Health Care Services for claiming federal financial participation for acute inpatient hospital services for individuals made eligible pursuant to this section, pursuant to Section 14053.7 of the Welfare and Institutions Code, and pursuant to the process developed in subdivision (b). The State Department of Health Care Services shall claim federal participation for eligible services for LIHP enrolled inmates at the rate paid by the Department of Corrections and Rehabilitation. The State Department of Health Care Services and counties shall remit funds received for federal participation to the Department of Corrections and Rehabilitation for allowable costs incurred as a result of delivering acute inpatient hospital services allowable under this section. (3) The county LIHPs shall not experience any additional net expenditures of county funds due to the provision of services under this section. (4) The Department of Corrections and Rehabilitation shall reimburse the State Department of Health Care Services and counties for administrative costs that are not reimbursed by the federal government. (5) The Department of Corrections and Rehabilitation shall reimburse the State Department of Health Care Services for any disallowance that is required to be returned to the Centers for Medicare and Medicaid Services for any litigation costs incurred due to the implementation of this section. (d) (1) The state shall indemnify and hold harmless participating entities that operate a LIHP, including all counties, and all counties that operate in a consortium that participates as a LIHP, against any and all losses, including, but not limited to, claims, demands, liabilities, court costs, judgments, or obligations, due to the implementation of this section as directed by the secretary and the State Department of Health Care Services. (2) The State Department of Health Care Services may at its discretion require a county, as a condition of participation as a LIHP, to enroll an eligible inmate into its LIHP if the county is the inmate’s county of last legal residence. (3) The county LIHPs shall be held harmless by the state for any disallowance or deferral if federal action is taken due to the implementation of this section in accord with the state’s policies, directions, and requirements. (e) (1) The Department of Corrections and Rehabilitation, in conjunction with the State Department of Health Care Services, shall develop a process to facilitate eligibility determinations for individuals who may be eligible for Medi-Cal or a LIHP pursuant to this section and Section 14053.7 of the Welfare and Institutions Code. (2) The Department of Corrections and Rehabilitation shall assist inmates in completing either the Medi-Cal or LIHP application as appropriate and shall forward that application to the State Department of Health Care Services for processing. (3) Notwithstanding any other state law, and only to the extent that federal law allows and federal financial participation is available, for the limited purpose of implementing this section, the department or its designee is authorized to act on behalf of an inmate for purposes of applying for or determinations of Medi-Cal or LIHP eligibility. (f) (1) This section does not restrict or limit the eligibility or alter county responsibility for payment of any service delivered to a parolee who has been released from detention or incarceration and now resides in a county that participates in the LIHP. If otherwise eligible for the county’s LIHP, the LIHP shall enroll the parolee. (2) Notwithstanding paragraph (1), at the option of the state, for enrolled parolees who have been released from detention or incarceration and now reside in a county that participates in a LIHP, the LIHP shall reimburse providers for the delivery of services which are otherwise the responsibility of the state to provide. Payment for these medical services, including both the state and federal shares of reimbursement, shall be included as part of the reimbursement process described in paragraph (1) of subdivision (c). (3) Enrollment of individuals in a LIHP under this subdivision shall be subject to any enrollment limitations described in subdivision (h) of Section 15910 of the Welfare and Institutions Code. (g) The department shall be responsible to the LIHP for the nonfederal share of any reimbursement made for the provision of acute inpatient hospital services rendered to inmates pursuant to this section. (h) Reimbursement pursuant to this section shall be limited to those acute inpatient hospital services for which federal financial participation pursuant to Title XIX of the federal Social Security Act is allowed. (i) This section shall have no force or effect if there is a final judicial determination made by any state or federal court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in any action by any party, or a final determination by the administrator of the federal Centers for Medicare and Medicaid Services, that limits or affects the department’s authority to select the hospitals used to provide inpatient hospital services to inmates. (j) It is the intent of the Legislature that the implementation of this section will result in state General Fund savings for the funding of acute inpatient hospital services provided to inmates along with any related administrative costs. (k) Any agreements entered into under this section for Medi-Cal or a LIHP to provide for reimbursement of acute inpatient hospital services and administrative expenditures as described in subdivision (c) shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (l) This section shall be implemented in a manner that is consistent with federal Medicaid law and regulations. The Director of the State Department of Health Care Services shall seek any federal approvals necessary for the implementation of this section. This section shall be implemented only when and to the extent that any necessary federal approval is obtained, and only to the extent that existing levels of federal financial participation are not otherwise jeopardized. (m) To the extent that the Director of the State Department of Health Care Services determines that existing levels of federal financial participation are jeopardized, this section shall no longer be implemented. (n) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the State Department of Health Care Services may, without taking any further regulatory action, implement this section by means of all-county letters, provider bulletins, facility letters, or similar instructions. (o) For purposes of this section, the following terms have the following meanings: (1) The term “county of last legal residence” means the county in which the inmate resided at the time of arrest that resulted in conviction and incarceration in a state prison facility. (2) The term “inmate” means an adult who is involuntarily residing in a state prison facility operated, administered, or regulated, directly or indirectly, by the department. (3) During the existence of the receivership established in United States District Court for the Northern District of California, Case No. C01-1351 TEH, Plata v. Schwarzenegger, references in this section to the “secretary” shall mean the receiver appointed in that action, who shall implement portions of this section that would otherwise be within the secretary’s responsibility. (Amended by Stats. 2013, Ch. 76, Sec. 162. (AB 383) Effective January 1, 2014.)
  183. 5073.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. )

    Verify source ↗

    When inmates are transferred, the listed agencies and facilities must disclose the inmate’s mental health records, usually at transfer or within 7 days, and the transmission must follow specified privacy laws.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 2. The Secretary of the Department of Corrections and Rehabilitation [5050 - 5073] ( Heading of Chapter 2 amended by Stats. 2005, Ch. 10, Sec. 35. ) ## 5073. (a) When jurisdiction of an inmate is transferred from or between the Department of Corrections and Rehabilitation, the State Department of State Hospitals, and county agencies caring for inmates, these agencies shall disclose, by electronic transmission when possible, mental health records for any transferred inmate who received mental health services while in the custody of the transferring facility. The mental health records shall be disclosed at the time of transfer or within seven days of the transfer of custody, except when the person is transferred to a state hospital when the records shall be provided prior to, or at the time of, transfer. (b) Mental health records shall be disclosed by and between a county correctional facility, county medical facility, state correctional facility, state hospital, or state-assigned mental health provider to ensure sufficient mental health history is available for the purpose of satisfying the requirements of Section 2962 for inmate evaluations and to ensure the continuity of mental health treatment of an inmate being transferred between those facilities. (c) For the purpose of this section, “mental health records” includes, but is not limited to, the following: (1) Clinician assessments, contact notes, and progress notes. (2) Date of mental health treatment and services. (3) Incident reports. (4) List of an inmate’s medical conditions and medications. (5) Psychiatrist assessments, contact notes, and progress notes. (6) Suicide watch, mental health crisis, or alternative housing placement records. (d) All transmissions made pursuant to this section shall comply with the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code, the Information Practices Act of 1977 Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (HITECH) (Public Law 111-005), and the corresponding implementing regulations relating to privacy and security in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. (Added by Stats. 2022, Ch. 968, Sec. 2. (AB 2526) Effective January 1, 2023.)
  184. 5075.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

    Verify source ↗

    This section creates the Board of Parole Hearings and gives the Governor appointment powers for its commissioners and executive 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5075. (a) There is hereby created the Board of Parole Hearings. Any reference to the Board of Prison Terms in this code or any other law refers to the Board of Parole Hearings. As of July 1, 2005, the Board of Prison Terms is abolished. (b) (1) The Governor shall appoint 21 commissioners, subject to Senate confirmation, pursuant to this section. These commissioners shall be appointed and trained to hear only adult matters. Except as specified in paragraph (3), commissioners shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. An appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Commissioners are eligible for reappointment. (2) The terms of the commissioners shall expire as follows: (A) Seven shall expire on July 1, 2022. (B) Seven shall expire on July 1, 2023. (C) Seven shall expire on July 1, 2024. (3) The terms of the four commissioners whose positions were created by the act that increased the number of commissioners to 21 in paragraph (1) shall begin on July 1, 2021, and shall be as follows: one commissioner’s term shall be for one year, two commissioners’ terms shall be for two years, and one commissioner’s term shall be for three years. (4) The selection of persons and their appointment by the Governor and confirmation by the Senate shall reflect as nearly as possible a cross section of the racial, sexual orientation, gender identity, economic, and geographic features of the population of the state. (c) The Governor may designate a chairperson of the board periodically. The Governor shall appoint an executive officer of the board, subject to Senate confirmation, who shall hold office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. The executive officer shall be the appointing authority for all civil service positions of employment with the board. (d) Each commissioner shall participate in hearings on each workday, except if it is necessary for a commissioner to attend training, en banc hearings or full board meetings, or other administrative business requiring the participation of the commissioner. For purposes of this subdivision, these hearings include parole consideration hearings and parole rescission hearings. (Amended by Stats. 2021, Ch. 80, Sec. 15. (AB 145) Effective July 16, 2021.)
  185. 5075.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

    Verify source ↗

    The Board of Parole Hearings must conduct several kinds of parole and offender hearings, review certain inmate requests, determine parole revocation in specified cases, carry out studies, and investigate and report on clemency applications.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5075.1. The Board of Parole Hearings shall do all of the following: (a) Conduct parole consideration hearings, parole rescission hearings, and parole progress hearings for adults under the jurisdiction of the department. (b) Conduct mentally disordered offender hearings. (c) Conduct sexually violent predator hearings. (d) Review inmates’ requests for reconsideration of denial of good-time credit and setting of parole length or conditions, pursuant to Section 5077. (e) Determine revocation of parole for adult offenders under the jurisdiction of the Division of Adult Parole Operations, pursuant to Section 5077. (f) Conduct studies pursuant to Section 3150 of the Welfare and Institutions Code. (g) Investigate and report on all applications for reprieves, pardons, and commutation of sentence, as provided in Title 6 (commencing with Section 4800) of Part 3. (h) Exercise other powers and duties as prescribed by law. (i) Effective January 1, 2007, all commissioners appointed and trained to hear juvenile parole matters, together with their duties prescribed by law as functions of the Board of Parole Hearings concerning wards under the jurisdiction of the Department of Corrections and Rehabilitation, are transferred to the Director of the Division of Juvenile Justice. All applicable regulations in effect at the time of transfer shall be deemed to apply to those commissioners until new regulations are adopted. (Amended by Stats. 2016, Ch. 33, Sec. 25. (SB 843) Effective June 27, 2016.)
  186. 5075.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

    Verify source ↗

    Commissioners and deputy commissioners who hear parole matters must receive initial training on domestic violence and intimate partner battering and its effects.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5075.5. All commissioners and deputy commissioners who conduct hearings for the purpose of considering the parole suitability of prisoners or the setting of a parole release date for prisoners, shall receive initial training on domestic violence cases and intimate partner battering and its effects. (Amended by Stats. 2005, Ch. 215, Sec. 4. Effective January 1, 2006.)
  187. 5075.6.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

    Verify source ↗

    Commissioners and deputy commissioners who hear adult parole matters must have specified criminal-justice background and must complete at least 40 hours of training within 60 days of appointment and annually thereafter. They may also have additional experience or education that helps the parole board.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5075.6. (a) Commissioners and deputy commissioners hearing matters concerning adults under the jurisdiction of the Department of Corrections and Rehabilitation shall have a broad background in criminal justice and an ability for appraisal of adult offenders, the crimes for which those persons are committed, and the evaluation of an individual’s progress toward reformation. Insofar as practicable, commissioners and deputy commissioners shall have a varied interest in adult correction work, public safety, and shall have experience or education in the fields of corrections, sociology, law, law enforcement, medicine, mental health, or education. In addition, insofar as practicable, commissioners and deputy commissioners may have professional or lived experience or educational background that may enhance the expertise of the parole board, including, but not limited to, the areas of social work, substance use disorder treatment, foster care, rehabilitation, community reentry, or the effects of trauma and poverty. (b) All commissioners and deputy commissioners who conduct hearings for the purpose of considering the parole suitability of inmates, the setting of a parole release date for inmates, or the revocation of parole for adult parolees, shall, within 60 days of appointment and annually thereafter undergo a minimum of 40 hours of training in the following areas: (1) Treatment and training programs provided to inmates at Department of Corrections and Rehabilitation institutions, including, but not limited to, educational, vocational, mental health, medical, substance abuse, psychotherapeutic counseling, and sex offender treatment programs. (2) Parole services. (3) Commissioner duties and responsibilities. (4) Knowledge of laws and regulations applicable to conducting parole hearings, including the rights of victims, witnesses, and inmates. (Amended by Stats. 2021, Ch. 80, Sec. 16. (AB 145) Effective July 16, 2021.)
  188. 5076.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

    Verify source ↗

    Each commissioner of the board must devote all of their time to official duties and is entitled to an annual salary under the referenced Government Code 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5076. Each commissioner of the board shall devote his entire time to the duties of his office and shall receive an annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1986, Ch. 1446, Sec. 5.)
  189. 5076.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

    Verify source ↗

    The Board of Parole Hearings must meet at state prisons and other relevant facilities, follow voting and panel rules, and use special procedures for certain parole and sentence-recall 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5076.1. (a) The board shall meet at each of the state prisons and facilities under the jurisdiction of the Division of Adult Institutions. Meetings shall be held at whatever times may be necessary for a full and complete study of the cases of all inmates whose matters are considered. Other times and places of meeting may also be designated by the board. Each commissioner of the board shall receive their actual necessary traveling expenses incurred in the performance of their official duties. Where the board performs its functions by meeting en banc in either public or executive sessions to decide matters of general policy, a majority of commissioners holding office on the date the matter is heard shall be present, and no action shall be valid unless it is concurred in by a majority vote of those present. (b) The board may use deputy commissioners to whom it may assign appropriate duties, including hearing cases and making decisions. Those decisions shall be made in accordance with policies approved by a majority of commissioners holding office. (c) The board may meet and transact business in panels. Each panel shall consist of two or more persons, subject to subdivision (d) of Section 3041. No action shall be valid unless concurred in by a majority vote of the persons present. In the event of a tie vote, the matter shall be referred for en banc review by the board. The commissioners conducting the review shall consider the full record that was before the panel that resulted in the tie vote. The review shall be limited to the full record that was before the panel that resulted in the tie vote. New evidence or comment shall not be considered in the en banc proceeding. A commissioner who was involved in the tie vote shall be recused from consideration of the matter in the en banc review. (d) Consideration of parole release for persons sentenced to life imprisonment pursuant to subdivision (b) of Section 1168 shall be heard by a panel of two or more commissioners or deputy commissioners, of which only one may be a deputy commissioner. A recommendation for recall of a sentence under Section 1172.1 shall be made by a panel of two or more commissioners or deputy commissioners, of which only one may be a deputy commissioner. (Amended by Stats. 2022, Ch. 58, Sec. 28. (AB 200) Effective June 30, 2022.)
  190. 5076.2.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

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    The Board of Parole Hearings must file and publish its rules in the required government-code process, make them understandable to the public when practical, and keep a public compendium. An executive officer may set an effective date more than 30 days after filing, but then copies must be posted and mailed at least 20 days before that 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5076.2. (a) Any rules and regulations, including any resolutions and policy statements, promulgated by the Board of Parole Hearings, shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public. (b) The Board of Parole Hearings shall maintain, publish and make available to the general public, a compendium of its rules and regulations, including any resolutions and policy statements, promulgated pursuant to this section. (c) The exception specified in this subdivision to the procedures specified in this section shall apply to the Board of Parole Hearings. The executive officer may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State. However, no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them. (Amended by Stats. 2021, Ch. 80, Sec. 18. (AB 145) Effective July 16, 2021.)
  191. 5076.3.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

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    The executive officer of the Board of Parole Hearings has authority to issue subpoenas, and the board must adopt regulations on subpoena policies and guidelines.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5076.3. The executive officer of the Board of Parole Hearings shall have the authority of a head of a department set forth in subdivision (e) of Section 11181 of the Government Code to issue subpoenas as provided in Article 2 (commencing with Section 11180) of Chapter 2 of Division 3 of Title 2 of the Government Code. The board shall adopt regulations on the policies and guidelines for the issuance of subpoenas. (Amended by Stats. 2021, Ch. 80, Sec. 19. (AB 145) Effective July 16, 2021.)
  192. 5077.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

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    The Board of Prison Terms must review certain prisoner reconsideration requests and may modify earlier Department of Corrections decisions on those matters; it also determines parole revocation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5077. The Board of Prison Terms shall review the prisoners’ requests for reconsideration of denial of good-time credit, and setting of parole length or conditions, and shall have the authority to modify the previously made decisions of the Department of Corrections as to these matters. The revocation of parole shall be determined by the Board of Prison Terms. (Amended by Stats. 1996, Ch. 357, Sec. 2. Effective August 19, 1996.)
  193. 5078.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

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    The Board of Prison Terms takes over the powers and duties of certain prior boards, and two boards are 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5078. (a) The Board of Prison Terms shall succeed to and shall exercise and perform all powers and duties granted to, exercised by, and imposed upon the Adult Authority, the California Women’s Board of Terms and Paroles, and the Community Release Board. (b) The Adult Authority and California Women’s Board of Terms and Paroles are abolished. (Amended by Stats. 1979, Ch. 255.)
  194. 5079.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

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    The Director of Corrections must provide and run psychiatric and diagnostic clinic facilities and staff at state prisons or institutions, and recommendations from the clinic are not effective until the director approves 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5079. The Director of Corrections shall provide facilities and licensed professional personnel for a psychiatric and diagnostic clinic and such branches thereof as may be required at one or more of the state prisons or institutions under the jurisdiction of the Department of Corrections. The director shall have full administrative authority and responsibility for operation of the clinics. All required mental health treatment or diagnostic services shall be provided under the supervision of a psychiatrist licensed to practice in this state, or a psychologist licensed to practice in this state and who holds a doctoral degree and has at least two years of experience in the diagnosis and treatment of emotional and mental disorders. All such clinics shall be under the direction of such a psychiatrist or psychologist. A psychiatrist shall be available to assume responsibility for all acts of diagnosis or treatment which may only be performed by a licensed physician and surgeon. The work of the clinic shall include a scientific study of each prisoner, his or her career and life history, the cause of his or her criminal acts and recommendations for his or her care, training, and employment with a view to his or her reformation and to the protection of society. The recommendation shall be submitted to the Director of Corrections and shall not be effective until approved by the director. The Director of Corrections may modify or reject the recommendations as he or she sees fit. (Amended by Stats. 1984, Ch. 1123, Sec. 5.)
  195. 508.

    ## 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    Clerks, agents, or servants who fraudulently take or hide property of another that came into their control through their job commit 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 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 508. Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement. (Enacted 1872.)
  196. 5080.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

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    The Director of Corrections may transfer inmates between state prison facilities, and must carry out a Board of Prison Terms request unless facilities are unavailable or security would be endangered.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5080. The Director of Corrections may transfer persons confined in one state prison institution or facility of the Department of Corrections to another. The Board of Prison Terms may request the Director of Corrections to transfer an inmate who is under its parole-granting jurisdiction if, after review of the case history in the course of routine procedures, such transfer is deemed advisable for the further diagnosis, and treatment of the inmate. The director shall as soon as practicable comply with such request, provided that, if facilities are not available he shall report that fact to the Board of Prison Terms and shall make the transfer as soon as facilities become available; provided further, that if in the opinion of the Director of Corrections such transfer would endanger security he may report that fact to the Board of Prison Terms and refuse to make such transfer. When transferring an inmate from one state prison, institution, or facility of the Department of Corrections to another, the director may, as necessary or convenient, authorize transportation via a route that lies partly outside this state. (Amended by Stats. 1979, Ch. 255.)
  197. 5081.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. )

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    The Governor may remove a Board of Prison Terms member for misconduct, incompetency, or neglect of duty, but only after a full hearing by the Board of Corrections.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3. The Board of Parole Hearings [5075 - 5081] ( Heading of Chapter 3 amended by Stats. 2005, Ch. 10, Sec. 45. ) ## 5081. The Governor may remove any member of the Board of Prison Terms for misconduct, incompetency or neglect of duty after a full hearing by the Board of Corrections. (Amended by Stats. 1979, Ch. 255.)
  198. 5085.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. )

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    The named corrections institute is renamed and transferred to the University of California.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. ) ## 5085. The Robert Presley Institute of Corrections Research and Training, which provides and aggregates research on youth and adult corrections education and training, is hereby renamed the Robert Presley Center of Crime and Justice Studies and shall be transferred to the University of California. It is the intent of the Legislature that the center be maintained on the Riverside campus of the University of California. (Repealed and added by Stats. 1993, Ch. 778, Sec. 2. Effective January 1, 1994.)
  199. 5086.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. )

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    The section says the university should seek funding for research projects carried out by the center, and the center has research goals focused on crime prevention, correctional institutions, and reducing violence and recidivism.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. ) ## 5086. It is the intent of the Legislature that the university seek funding from federal, state, and private sources for research projects carried out by the center under the university’s direction. The center shall have the following research goals: (a) To better protect the public from crime by determining the causes of, and means of preventing, violence, crime, and criminal deviance. (b) To identify the methods and practices necessary for the most beneficial operation of law enforcement and local and state youth and adult correctional institutions. (c) To reduce violence and recidivism rates in prisons, jails, and youth facilities. (Repealed and added by Stats. 1993, Ch. 778, Sec. 2. Effective January 1, 1994.)
  200. 5087.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. )

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    The Riverside campus chancellor may appoint an advisory committee, and the university must consult specified correctional and law-enforcement-related stakeholders about the center’s 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. ) ## 5087. The chancellor of the Riverside campus may appoint an advisory committee to assist in establishing research priorities. The university shall consult with the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, local law enforcement, probation, parole, and correctional agencies, and persons of experience or education in other higher education institutions in the field of corrections or related fields on the activities of the center. These projects shall be related to the center’s goals as specified in Section 5086 and may also include, but not be limited to, applied and theoretical research in the following areas: (a) Methods of ensuring secure, cost-effective, safe, and gang-free incarceration in California’s correctional institutions, including approaches to ameliorate overcrowding in those institutions. (b) New approaches to reduce inmate and ward recidivism and consequent victimization of California citizens. (c) Correctional facility management, planning, design, and construction. (d) New approaches to rehabilitate inmates and wards during and after incarceration and to integrate offenders into society after incarceration. (e) New approaches to inmate and ward diagnosis, classification, and treatment. (f) At-promise youth and street gang activity. (g) Law enforcement. (Amended by Stats. 2019, Ch. 800, Sec. 16. (AB 413) Effective January 1, 2020.)

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