Penal Code — Part 24 | PEN — United States — California law | Esheria

Penal Code

Part 24 of 29 · provisions 4,601–4,800

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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  1. 602.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Section 602 makes it a misdemeanor for a person to willfully commit trespass by the listed acts, subject to stated exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602. Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor: (a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another. (b) Carrying away any kind of wood or timber lying on those lands. (c) Maliciously injuring or severing from the freehold of another anything attached to it, or its produce. (d) Digging, taking, or carrying away from a lot situated within the limits of an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone. (e) Digging, taking, or carrying away from land in a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone. (f) Maliciously tearing down, damaging, mutilating, or destroying a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it. (g) Entering upon lands owned by another person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands. (h) (1) Entering upon lands or buildings owned by another person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands. (2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land. (3) This subdivision does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment. (i) Willfully opening, tearing down, or otherwise destroying a fence on the enclosed land of another, or opening a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a sign, signboard, or other notice forbidding shooting on private property. (j) Building fires upon lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owner’s agent, or the person in lawful possession. (k) Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owner’s agent, or the person in lawful possession. (l) Entering lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner’s agent, or the person in lawful possession, and any of the following: (1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner’s agent, or by the person in lawful possession to leave the lands. (2) Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands. (3) Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands. (4) Discharging a firearm. (m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession. (n) Driving a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner’s agent, or the person in lawful possession. This subdivision does not apply to a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner’s agent, or the person in lawful possession. (o) (1) Refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. However, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires. However, this subdivision does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a law or ordinance. (2) A request for a peace officer’s assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession. (3) A request for a peace officer’s assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision. (p) Entering upon lands declared closed to entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands. (q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue. (r) Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure. (s) Refusing or failing to leave a hotel or motel, where the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. (t) (1) Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer is acting at the request of the owner, the owner’s agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision. (2) This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property. (3) A single notification or request to the person as set forth above shall be valid and enforceable under this subdivision unless and until rescinded by the owner, the owner’s agent, or the person in lawful possession of the property. (4) Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction. (u) (1) Knowingly entering, by an unauthorized person, upon an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port. (2) A person convicted of a violation of paragraph (1) shall be punished as follows: (A) By a fine not exceeding one hundred dollars ($100). (B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel. (C) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense. (3) As used in this subdivision, the following definitions shall control: (A) “Airport operations area” means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic. (B) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, “passenger vessel terminal” does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations. (C) “Public transit facility” has the same meaning as specified in Section 171.7. (D) (i) “Authorized personnel” means a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. (ii) “Authorized personnel” also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. (iii) “Authorized personnel” also means a person who has a valid public transit employee identification card. (E) “Airport” means a facility whose function is to support commercial aviation. (v) (1) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (2) Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail. (w) Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter. (1) A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year. (2) The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victim’s children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program. (x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area. (2) A person convicted of a violation of paragraph (1) shall be punished as follows: (A) As an infraction, by a fine not exceeding one hundred dollars ($100). (B) 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 fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person. (C) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense. (D) If probation is granted or the execution or imposition of sentencing is suspended for a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown. (y) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision. (Amended by Stats. 2023, Ch. 404, Sec. 1. (SB 602) Effective January 1, 2024.)
  2. 602.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes it a crime to intentionally disrupt certain public-facing business or agency operations and refuse to leave when asked. It also sets exceptions for some lawful labor union activity and constitutionally protected activity.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.1. (a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine. (b) Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine. (c) Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of an infraction, punishable by a fine of up to four hundred dollars ($400). (d) This section shall not apply to any of the following persons: (1) Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law. (2) Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution. (e) Nothing in this section shall be deemed to supersede the application of any other law. (Amended by Stats. 2017, Ch. 381, Sec. 1. (AB 660) Effective January 1, 2018.)
  3. 602.10.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who uses physical force to willfully block or try to block a student or teacher from attending or teaching at certain public university or community college campuses or facilities can be fined, jailed, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.10. Every person who, by physical force and with the intent to prevent attendance or instruction, willfully obstructs or attempts to obstruct any student or teacher seeking to attend or instruct classes at any of the campuses or facilities owned, controlled, or administered by the Regents of the University of California, the Trustees of the California State University, or the governing board of a community college district shall be punished by a fine not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not exceeding one year, or by both such fine and imprisonment. As used in this section, “physical force” includes, but is not limited to, use of one’s person, individually or in concert with others, to impede access to, or movement within, or otherwise to obstruct the students and teachers of the classes to which the premises are devoted. (Amended by Stats. 1983, Ch. 143, Sec. 202.)
  4. 602.11.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not intentionally block someone from entering or leaving a health care facility, place of worship, or school by physically detaining or obstructing them.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.11. (a) Any person, alone or in concert with others, who intentionally prevents an individual from entering or exiting a health care facility, place of worship, or school by physically detaining the individual or physically obstructing the individual’s passage shall be guilty of a misdemeanor punishable by imprisonment in the county jail, or a fine of not more than two hundred fifty dollars ($250), or both, for the first offense; imprisonment in the county jail for not less than five days and a fine of not more than five hundred dollars ($500) for the second offense; and imprisonment in the county jail for not less than 30 days and a fine of not more than two thousand dollars ($2,000) for a third or subsequent offense. However, the court may order the defendant to perform community service, in lieu of any fine or any imprisonment imposed under this section, if it determines that paying the fine would result in undue hardship to the defendant or his or her dependents. (b) As used in subdivision (a), the following terms have the following meanings: (1) “Physically” does not include speech. (2) “Health care facility” means a facility licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code, a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, or any facility where medical care is regularly provided to individuals by persons licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act, or the Chiropractic Initiative Act. (3) “Person” does not include an officer, employee, or agent of the health care facility, or a law enforcement officer, acting in the course of his or her employment. (c) This section shall not be interpreted to prohibit any lawful activities permitted under the laws of the State of California or by the National Labor Relations Act in connection with a labor dispute. (Added by Stats. 1992, Ch. 935, Sec. 2. Effective January 1, 1993.)
  5. 602.12.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not enter an academic researcher’s residential real property to chill, stop, or interfere with the researcher’s academic freedom; doing so is trespass and a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.12. (a) Any person who enters the residential real property of an academic researcher for the purpose of chilling, preventing the exercise of, or interfering with the researcher’s academic freedom is guilty of trespass, a misdemeanor. (b) For the purposes of this section, the following definitions apply: (1) “Academic researcher” means any person lawfully engaged in academic research who is a student, trainee, employee, or affiliated physician of an accredited California community college, a campus of the California State University or the University of California, or a Western Association of Schools and Colleges accredited, degree granting, nonprofit institution. Academic research does not include routine, nonlaboratory coursework or assignments. (2) “Academic freedom” means the lawful performance, dissemination, or publication of academic research or instruction. (c) This section shall not apply to any person who is lawfully engaged in labor union activities that are protected under state or federal law. (d) This section shall not preclude prosecution under any other provision of law. (Added by Stats. 2008, Ch. 492, Sec. 4. Effective September 28, 2008.)
  6. 602.13.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not enter an animal enclosure at a zoo, circus, or traveling animal exhibit when the site is licensed or permitted to show living animals, posted no-entry signs are up, and consent has not been given, unless an employee or on-duty public officer.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.13. (a) Every person who enters into an animal enclosure at a zoo, circus, or traveling animal exhibit, if the zoo, circus, or exhibit is licensed or permitted to display living animals to the public, and if signs prohibiting entrance into the animal enclosures have been posted either at the entrance to the zoo, circus, or traveling animal exhibit, or on the animal enclosure itself, without the consent of the governing authority of the zoo, circus, or traveling animal exhibit, or a representative authorized by the governing authority, is guilty of an infraction or a misdemeanor, subject to Section 19.8. This subdivision shall not apply to an employee of the zoo, circus, or traveling animal exhibit, or to a public officer acting within the course and scope of his or her employment. (b) For purposes of this section, “zoo” means a permanent or semipermanent collection of living animals kept in enclosures for the purpose of displaying the animals to the public. The term “zoo” includes a public aquarium displaying aquatic animals.(c) For purposes of this section, an “animal enclosure” means the interior of any cage, stall, container, pen, aquarium or tank, or other discrete containment area that is used to house or display an animal and that is not generally accessible to the public. (d) Prosecution under this section does not preclude prosecution under any other provision of law. (Added by Stats. 2010, Ch. 536, Sec. 2. (AB 1675) Effective January 1, 2011.)
  7. 602.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A county ordinance requiring written permission to enter certain private land does not apply unless specific land conditions are met.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.2. Any ordinance or resolution adopted by a county which requires written permission to enter vacant or unimproved private land from either the owner, the owner’s agent, or the person in lawful possession of private land, shall not apply unless the land is immediately adjacent and contiguous to residential property, or enclosed by fence, or under cultivation, or posted with signs forbidding trespass, displayed at intervals of not less than three to a mile, along all exterior boundaries and at all roads and trails entering the private land. (Added by Stats. 1986, Ch. 34, Sec. 1.)
  8. 602.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A lodger who stays after proper notice in a qualifying owner-occupied dwelling commits an infraction, and the owner or the owner’s representative may arrest the lodger; an assisting peace officer may remove the person.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.3. (a) A lodger who is subject to Section 1946.5 of the Civil Code and who remains on the premises of an owner-occupied dwelling unit after receipt of a notice terminating the hiring, and expiration of the notice period, provided in Section 1946.5 of the Civil Code is guilty of an infraction and may, pursuant to Section 837, be arrested for the offense by the owner, or in the event the owner is represented by a court-appointed conservator, executor, or administrator, by the owner’s representative. Notwithstanding Section 853.5, the requirement of that section for release upon a written promise to appear shall not preclude an assisting peace officer from removing the person from the owner-occupied dwelling unit. (b) The removal of a lodger from a dwelling unit by the owner pursuant to subdivision (a) is not a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure and shall not be a basis for civil liability under that section. (c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code applies to any personal property of the lodger which remains on the premises following the lodger’s removal from the premises pursuant to this section. (d) Nothing in this section shall be construed to limit the owner’s right to have a lodger removed under other provisions of law. (e) Except as provided in subdivision (b), nothing in this section shall be construed to limit or affect in any way any cause of action an owner or lodger may have for damages for any breach of the contract of the parties respecting the lodging. (f) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides. (Amended by Stats. 1991, Ch. 930, Sec. 1.)
  9. 602.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not enter or remain on covered airport property and sell or offer goods or services there without written consent; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.4. (a) A person who enters or remains on airport property owned by a city, county, or city and county, but located in another county, and sells, peddles, or offers for sale any goods, merchandise, property, or services of any kind whatsoever, including transportation services to, on, or from the airport property, to members of the public without the express written consent of the governing board of the airport property, or its duly authorized representative, is guilty of a misdemeanor. (b) Nothing in this section affects the power of a county, city, or city and county to regulate the sale, peddling, or offering for sale of goods, merchandise, property, or services. (c) For purposes of this section, when a charter-party carrier licensed by the Public Utilities Commission operates at an airport on a prearranged basis, as defined in Section 5360.5 of the Public Utilities Code, that operation shall not constitute the sale, peddling, or offering of goods, merchandise, property, or services. (Amended by Stats. 2014, Ch. 323, Sec. 1. (SB 1430) Effective September 15, 2014.)
  10. 602.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes unauthorized entry or remaining in certain residential places a crime, with harsher treatment when someone is present, and it lets the court consider probation and a restraining order after conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.5. (a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor. (b) Every person other than a public officer or an employee acting within the course and scope of his employment in performance of a duty imposed by law, who, without the consent of the owner, his or her agent, or the person in lawful possession thereof, enters or remains in any noncommercial dwelling house, apartment, or other residential place while a resident, or another person authorized to be in the dwelling, is present at any time during the course of the incident is guilty of aggravated trespass punishable by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (c) If the court grants probation, it may order a person convicted of a misdemeanor under subdivision (b) to up to three years of supervised probation. It shall be a condition of probation that the person participate in counseling, as designated by the court. (d) If a person is convicted of a misdemeanor under subdivision (b), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to three years, as determined by the court. In determining the length of the restraining order, the court shall consider, among other factors, the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family. (e) Nothing in this section shall preclude prosecution under Section 459 or any other provision of law. (Amended by Stats. 2000, Ch. 563, Sec. 1. Effective January 1, 2001.)
  11. 602.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who stays on certain fair property after being ordered to leave, when the property is closed to the general public and the person has no apparent lawful reason to remain, must identify themselves and explain their presence; otherwise the conduct is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.6. Every person who enters or remains in, or upon, any state, county, district, or citrus fruit fair buildings or grounds, when the buildings or grounds are not open to the general public, after having been ordered or directed by a peace officer or a fair manager to leave the building or grounds and when the order or direction to leave is issued after determination that the person has no apparent lawful business or other legitimate reason for remaining on the property, and fails to identify himself or herself and account for his or her presence, is guilty of a misdemeanor. (Added by Stats. 1990, Ch. 631, Sec. 1.)
  12. 602.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not enter or stay on specified transit district property and sell or peddle goods or services there without express written consent from the district board or its authorized representatives.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.7. Every person who enters or remains on any property, facility, or vehicle owned by the San Francisco Bay Area Rapid Transit District or the Southern California Rapid Transit District, and sells or peddles any goods, merchandise, property, or services of any kind whatsoever on the property, facilities, or vehicles, without the express written consent of the governing board of the San Francisco Bay Area Rapid Transit District or the governing board of the Southern California Rapid Transit District, or its duly authorized representatives, is guilty of an infraction. Nothing in this section affects the power of a county, city, transit district, or city and county to regulate the sale or peddling of goods, merchandise, property, or services. (Added by Stats. 1986, Ch. 1232, Sec. 1.)
  13. 602.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes it an offense to willfully enter certain lands without written permission, with some posted-land requirements, exceptions, and escalating penalties for repeat offenses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.8. (a) Any person who without the written permission of the landowner, the owner’s agent, or the person in lawful possession of the land, willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or who willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands, is guilty of a public offense. (b) Any person convicted of a violation of subdivision (a) shall be punished as follows: (1) A first offense is an infraction punishable by a fine of seventy-five dollars ($75). (2) A second offense on the same land or any contiguous land of the same landowner, without the permission of the landowner, the landowner’s agent, or the person in lawful possession of the land, is an infraction punishable by a fine of two hundred fifty dollars ($250). (3) A third or subsequent offense on the same land or any contiguous land of the same landowner, without the permission of the landowner, the landowner’s agent, or the person in lawful possession of the land, is a misdemeanor. (c) Subdivision (a) shall not apply to any of the following: (1) Any person engaged in lawful labor union activities which are permitted to be carried out on property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act. (2) Any person on the premises who is engaging in activities protected by the California or United States Constitution. (3) Any person described in Section 22350 of the Business and Professions Code who is making a lawful service of process. (4) Any person licensed pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code who is engaged in the lawful practice of land surveying as authorized by Section 846.5 of the Civil Code. (d) For any infraction charged pursuant to this section, the defendant shall have the option to forfeit bail in lieu of making a court appearance. Notwithstanding subdivision (e) of Section 853.6, if the offender elects to forfeit bail pursuant to this subdivision, no further proceedings shall be had in the case. (Amended by Stats. 2003, Ch. 101, Sec. 1. Effective January 1, 2004.)
  14. 602.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a misdemeanor to claim, take, or cause another person to enter or remain in a residential dwelling for renting it to someone else without the owner’s or agent’s consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 602.9. (a) Except as provided in subdivision (c), any person who, without the owner’s or owner’s agent’s consent, claims ownership or claims or takes possession of a residential dwelling for the purpose of renting that dwelling to another is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. Each violation is a separate offense. (b) Except as provided in subdivision (c), any person who, without the owner’s or owner’s agent’s consent, causes another person to enter or remain in any residential dwelling for the purpose of renting that dwelling to another, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. Each violation is a separate offense. (c) This section does not apply to any tenant, subtenant, lessee, sublessee, or assignee, nor to any other hirer having a lawful occupancy interest in the residential dwelling. (d) Nothing in this section shall preclude the prosecution of a person under any other applicable provision of law. (e) It is the intent of the Legislature that this section shall not preclude the prosecution of a person on grand theft or fraud charges. The Legislature finds that this section has never precluded prosecution of a person on grand theft or fraud charges. (Amended by Stats. 2010, Ch. 580, Sec. 1. (AB 1800) Effective January 1, 2011.)
  15. 6024.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    This section creates the Board of State and Community Corrections, sets out its mission, and gives it duties over state criminal justice planning and funding review. It also lets the Governor appoint an executive officer, and allows the board to create 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6024. (a) Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the 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. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished. (b) The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations. (c) The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board. (d) The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects. (e) It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authority’s rights, powers, authority, and duties, unless specifically repealed by this act. (f) For purposes of this chapter, “federal acts” means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.) and any act or acts amendatory or supplemental thereto. (Amended by Stats. 2024, Ch. 50, Sec. 2. (AB 169) Effective July 2, 2024.)
  16. 6025.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    This section sets the membership, appointments, terms, quorum, and vice-chair selection rules for the Board of State and Community 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6025. (a) Commencing July 1, 2012, the Board of State and Community Corrections shall be composed of 12 members, as follows: (1) The Chair of the Board of State and Community Corrections, who shall be the Secretary of the Department of Corrections and Rehabilitation. (2) The Director of the Division of Adult Parole Operations for the Department of Corrections and Rehabilitation. (3) A county sheriff in charge of a local detention facility which has a Corrections Standards Authority rated capacity of 200 or fewer inmates, appointed by the Governor, subject to Senate confirmation. (4) A county sheriff in charge of a local detention facility which has a Corrections Standards Authority rated capacity of over 200 inmates, appointed by the Governor, subject to Senate confirmation. (5) A county supervisor or county administrative officer. This member shall be appointed by the Governor, subject to Senate confirmation. (6) A chief probation officer from a county with a population over 200,000, appointed by the Governor, subject to Senate confirmation. (7) A chief probation officer from a county with a population under 200,000, appointed by the Governor, subject to Senate confirmation. (8) A judge appointed by the Judicial Council of California. (9) A chief of police, appointed by the Governor, subject to Senate confirmation. (10) A community provider of rehabilitative treatment or services for adult offenders, appointed by the Speaker of the Assembly. (11) A community provider or advocate with expertise in effective programs, policies, and treatment of at-promise youth and juvenile offenders, appointed by the Senate Committee on Rules. (12) A public member, appointed by the Governor, subject to Senate confirmation. (b) Commencing July 1, 2013, the Board of State and Community Corrections shall be composed of 13 members, as follows: (1) The Chair of the Board of State and Community Corrections, who shall be appointed by the Governor, subject to Senate confirmation. (2) The Secretary of the Department of Corrections and Rehabilitation. (3) The Director of the Division of Adult Parole Operations for the Department of Corrections and Rehabilitation. (4) The individuals listed in paragraphs (3) to (12), inclusive, of subdivision (a), who shall serve or continue to serve terms as provided in subdivision (e). (c) Commencing July 1, 2024, the Board of State and Community Corrections shall be composed of 15 members, as follows: (1) The individuals described in subdivision (b), who shall serve or continue to serve terms as provided in subdivision (e). (2) A licensed health care provider, appointed by the Governor, subject to Senate confirmation. (3) A licensed mental or behavioral health care provider, appointed by the Governor, subject to Senate confirmation. (d) The Chair of the Board of State and Community Corrections shall serve full time. (e) Members shall hold office for terms of three years, each term to commence on the expiration date of the predecessor. Any appointment to a vacancy that occurs for any reason other than expiration of the term shall be for the remainder of the unexpired term. Members are eligible for reappointment. (f) The board shall select a vice chairperson from among its members, who shall be either a chief probation officer or a sheriff. Eight members of the board shall constitute a quorum. (g) When the board is hearing charges against any member, the individual concerned shall not sit as a member of the board for the period of hearing of charges and the determination of recommendations to the Governor. (h) If any appointed member is not in attendance for three meetings in any calendar year, the board shall inform the appointing authority, which may remove that member and make a new appointment, as provided in this section, for the remainder of the term. (Amended by Stats. 2025, Ch. 241, Sec. 51. (SB 857) Effective January 1, 2026.)
  17. 6025.1.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    Board members generally receive no compensation, except the Chair, but they must be reimbursed for actual and necessary travel expenses. The Chair serves full time, and the Department of Human Resources sets the Chair’s compensation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6025.1. (a) Members of the board, with the exception of the Chair of the Board of State and Community Corrections, shall receive no compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. For purposes of compensation, attendance at meetings of the board shall be deemed performance by a member of the duties of his or her state or local governmental employment. (b) For the purposes of Section 1090 of the Government Code, members of a committee created by the board pursuant to Section 6046.3 or a committee created with the primary purpose of administering grant funding from the Edward Byrne Memorial Justice Assistance Grant Program (42 U.S.C. Sec. 3751(a)), including a member of the board in his or her capacity as a member of a committee created by the board, have no financial interest in any contract made by the board, including a grant or bond financing transaction, based upon the receipt of compensation for holding public office or public employment. (c) The Chair of the Board of State and Community Corrections shall serve full time. The Department of Human Resources shall fix the compensation of the Chair of the Board of State and Community Corrections. (d) The amendments to this section by the act that added this subdivision are effective for grant awards made by the board on or after July 1, 2016. (Amended by Stats. 2016, Ch. 33, Sec. 28. (SB 843) Effective June 27, 2016.)
  18. 6025.5.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    Listed corrections-related officials must file their rules, regulations, and manuals with 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6025.5. The Director of Corrections, Board of Prison Terms, the Youthful Offender Parole Board, and the Director of the Youth Authority shall file with the Board of Corrections for information of the board or for review and advice to the respective agency as the board may determine, all rules, regulations and manuals relating to or in implementation of policies, procedures, or enabling laws. (Amended by Stats. 1979, Ch. 860.)
  19. 6025.6.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    The Board of Corrections may delegate ministerial authority or duties to a subordinate officer, subject to conditions it chooses to impose.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6025.6. The Board of Corrections may delegate any ministerial authority or duty conferred or imposed upon the board to a subordinate officer subject to those conditions as it may choose to impose. (Added by Stats. 1991, Ch. 1017, Sec. 2.)
  20. 6026.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    The Corrections Standards Authority is the means for the Department of Corrections and Rehabilitation to coordinate its programs for adults and youths under its jurisdiction.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6026. The Corrections Standards Authority shall be the means whereby the Department of Corrections and Rehabilitation may correlate its individual programs for adults and youths under its jurisdiction. (Amended by Stats. 2005, Ch. 10, Sec. 58. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  21. 6027.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Board of State and Community Corrections must collect, maintain, publish, and analyze correctional and criminal justice data, develop recommendations and definitions, coordinate with others, and support grant and data-collection programs. It also has some optional powers to publish statistics and perform other federal grant-related functions.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6027. (a) It shall be the duty of the Board of State and Community Corrections to collect and maintain available information and data about state and community correctional policies, practices, capacities, and needs, including, but not limited to, prevention, intervention, suppression, supervision, and incapacitation, as they relate to both adult corrections, juvenile justice, and gang problems. The board shall seek to collect and make publicly available up-to-date data and information reflecting the impact of state and community correctional, juvenile justice, and gang-related policies and practices enacted in the state, as well as information and data concerning promising and evidence-based practices from other jurisdictions. (b) Consistent with subdivision (c) of Section 6024, the board shall also: (1) Develop recommendations for the improvement of criminal justice and delinquency and gang prevention activity throughout the state. (2) Identify, promote, and provide technical assistance relating to evidence-based programs, practices, and promising and innovative projects consistent with the mission of the board. (3) Develop definitions of key terms, including, but not limited to, “recidivism,” “average daily population,” “treatment program completion rates,” and any other terms deemed relevant in order to facilitate consistency in local data collection, evaluation, and implementation of evidence-based practices, promising evidence-based practices, and evidence-based programs. In developing these definitions, the board shall consult with the following stakeholders and experts: (A) A county supervisor or county administrative officer, selected after conferring with the California State Association of Counties. (B) A county sheriff, selected after conferring with the California State Sheriffs’ Association. (C) A chief probation officer, selected after conferring with the Chief Probation Officers of California. (D) A district attorney, selected after conferring with the California District Attorneys Association. (E) A public defender, selected after conferring with the California Public Defenders Association. (F) The Secretary of the Department of Corrections and Rehabilitation. (G) A representative from the Administrative Office of the Courts. (H) A representative from a nonpartisan, nonprofit policy institute with experience and involvement in research and data relating to California’s criminal justice system. (I) A representative from a nonprofit agency providing comprehensive reentry services. (4) Receive and disburse federal funds, and perform all necessary and appropriate services in the performance of its duties as established by federal acts. (5) Develop comprehensive, unified, and orderly procedures to ensure that applications for grants are processed fairly, efficiently, and in a manner consistent with the mission of the board. (6) Identify delinquency and gang intervention and prevention grants that have the same or similar program purpose, are allocated to the same entities, serve the same target populations, and have the same desired outcomes for the purpose of consolidating grant funds and programs and moving toward a unified single delinquency intervention and prevention grant application process in adherence with all applicable federal guidelines and mandates. (7) Cooperate with and render technical assistance to the Legislature, state agencies, units of general local government, combinations of those units, or other public or private agencies, organizations, or institutions in matters relating to criminal justice and delinquency prevention. (8) Develop incentives for units of local government to develop comprehensive regional partnerships whereby adjacent jurisdictions pool grant funds in order to deliver services, such as job training and employment opportunities, to a broader target population, including at-promise youth, and maximize the impact of state funds at the local level. (9) Conduct evaluation studies of the programs and activities assisted by the federal acts. (10) Identify and evaluate state, local, and federal gang and youth violence suppression, intervention, and prevention programs and strategies, along with funding for those efforts. The board shall assess and make recommendations for the coordination of the state’s programs, strategies, and funding that address gang and youth violence in a manner that maximizes the effectiveness and coordination of those programs, strategies, and resources. By January 1, 2014, the board shall develop funding allocation policies to ensure that within three years no less than 70 percent of funding for gang and youth violence suppression, intervention, and prevention programs and strategies is used in programs that utilize promising and proven evidence-based principles and practices. The board shall communicate with local agencies and programs in an effort to promote the best evidence-based principles and practices for addressing gang and youth violence through suppression, intervention, and prevention. (11) The board shall collect from each county the plan submitted pursuant to Section 1230.1 within two months of adoption by the county boards of supervisors. (12) Commencing on and after July 1, 2012, the board, in consultation with the Administrative Office of the Courts, the California State Association of Counties, the California State Sheriffs’ Association, and the Chief Probation Officers of California, shall support the development and implementation of first phase baseline and ongoing data collection instruments to reflect the local impact of Chapter 15 of the Statutes of 2011, specifically related to dispositions for felony offenders and postrelease community supervision. The board shall make any data collected pursuant to this paragraph available on the board’s internet website. It is the intent of the Legislature that the board promote collaboration and the reduction of duplication of data collection and reporting efforts where possible. (c) The board may do either of the following: (1) Collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of criminal justice in the state. (2) Perform other functions and duties as required by federal acts, rules, regulations, or guidelines in acting as the administrative office of the state planning agency for distribution of federal grants. (d) Nothing in this chapter shall be construed to include, in the provisions set forth in this section, funds already designated to the Local Revenue Fund 2011 pursuant to Section 30025 of the Government Code. (Amended by Stats. 2025, Ch. 10, Sec. 15. (AB 134) Effective June 27, 2025.)
  22. 6028.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Governor may create special commissions by executive order to help the Board of Corrections study crime.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6028. Upon request of the Board of Corrections or upon his own initiative, the Governor from time to time may create by executive order one or more special commissions to assist the Board of Corrections in the study of crime pursuant to Section 6027. Each such special commission shall consist of not less than three nor more than five members, who shall be appointed by the Governor. The members of any such special commission shall serve without compensation, except that they shall receive their actual and necessary expenses incurred in the discharge of their duties. The executive order creating each special commission shall specify the subjects and scope of the study to be made by the commission, and shall fix a time within which the commission shall make its final report. Each commission shall cease to exist when it makes its final report. (Repealed and added by Stats. 1947, Ch. 1181.)
  23. 6028.1.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    A special commission may investigate the matters named in its creating order, but its hearings are subject to limits: witnesses may have counsel present, and hearings may not be televised or radio-broadcast.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6028.1. Each such special commission may investigate any and all matters relating to the subjects specified in the order creating it. In the exercise of its powers the commission shall be subject to the following conditions and limitations: (a) A witness at any hearing shall have the right to have present at such hearing counsel of his own choice, for the purpose of advising him concerning his constitutional rights. (b) No hearing shall be televised or broadcast by radio, nor shall any mechanical, photographic or electronic record of the proceedings at any hearing be televised or broadcast by radio. (Amended by Stats. 1951, Ch. 902.)
  24. 6028.2.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Secretary of the Youth and Adult Correctional Agency may provide available facilities, supplies, and personnel to any such commission.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6028.2. The Secretary of the Youth and Adult Correctional Agency may furnish for the use of any such commission such facilities, supplies, and personnel as may be available therefor. (Amended by Stats. 1982, Ch. 1437, Sec. 5.)
  25. 6028.3.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    Special commissions must send their reports and recommendations to the Board of Corrections, which must review them, forward them to the Governor and Legislature within 30 days of the next legislative session, and file copies with certain state 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6028.3. All such special commissions shall make all their reports and recommendations to the Board of Corrections. The Board of Corrections shall consider such reports and recommendations, and shall transmit them to the Governor and the Legislature, together with its own comments and recommendations on the subject matter thereof, within the first 30 days of the next succeeding general or budget session of the Legislature. The Board of Corrections shall also file copies of such reports with the Attorney General, the State Library and such other state departments as may appear to have an official interest in the subject matter of the report or reports in question. (Added by Stats. 1947, Ch. 1181.)
  26. 6028.4.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Governor must report certain appointment names and expense statements to each regular legislative session.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6028.4. The Governor shall report to each regular session of the Legislature the names of any persons appointed under Section 6028 together with a statement of expenses incurred. (Added by Stats. 1947, Ch. 1181.)
  27. 6029.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The board must review detention-facility plans and make recommendations when a city, city and county, or county asks; other state departments or agencies generally may not make those recommendations.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6029. (a) The plans and specifications of every jail, prison, or other place of detention of persons charged with or convicted of crime or of persons detained pursuant to the Juvenile Court Law (Chapter 2 (commencing with Section 200) of Division 2 of the Welfare and Institutions Code) or the Youth Authority Act (Chapter 1 (commencing with Section 1700) of Division 2.5 of the Welfare and Institutions Code), if those plans and specifications involve construction, reconstruction, remodeling, or repairs of an aggregate cost in excess of fifteen thousand dollars ($15,000), shall be submitted to the board for its recommendations. Upon request of any city, city and county, or county, the board shall consider the entire program or group of detention facilities currently planned or under consideration by the city, city and county, or county, and make a study of the entire needs of the city, city and county, or county therefor, and make recommendations thereon. No state department or agency other than the board shall have authority to make recommendations in respect to plans and specifications for the construction of county jails or other county detention facilities or for alterations thereto, except such recommendations as the board may request from any such state department or agency. (b) As used in this section, “place of detention” includes, but is not limited to, a correctional treatment center, as defined in subdivision (k) of Section 1250 of the Health and Safety Code, which is operated by a city, city and county, or county. (Amended by Stats. 1989, Ch. 1327, Sec. 7. Effective October 2, 1989.)
  28. 6029.1.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    This section creates the County Jail Capital Expenditure Fund and directs the Board of Corrections to use it to help counties finance jail construction.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6029.1. (a) There is hereby created the County Jail Capital Expenditure Fund. Moneys in the County Jail Capital Expenditure Fund shall be expended by the Board of Corrections as specified in this section to assist counties to finance jail construction. Moneys in the County Jail Capital Expenditure Fund shall be available for encumbrance without regard to fiscal years, and notwithstanding any other provision of law, shall not revert to the General Fund or be transferred to any other fund or account in the State Treasury except for purposes of investment as provided in Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. All interest or other increment resulting from such investment shall be deposited in the County Jail Capital Expenditure Fund, notwithstanding Section 16305.7 of the Government Code. (b) As used in this section, “construction” shall include, but not be limited to, reconstruction, remodeling, replacement of facilities, and the performance of deferred maintenance activities on facilities pursuant to rules and regulations regarding such activities as shall be adopted by the Board of Corrections. (c) The Board of Corrections shall provide financial assistance to counties from the County Jail Capital Expenditure Fund according to policies, criteria, and procedures adopted by the board pursuant to recommendations made by the appropriate subcommittees of the Senate Committee on Criminal Procedure and the Assembly Committee on Public Safety and after consulting with a representative sample of county boards of supervisors and sheriffs. (d) In performing the duties set forth in this section, the Board of Corrections and the policy committees of the Legislature shall consider the following: (1) The extent to which the county requesting aid has exhausted all other available means of raising the requested funds for the capital improvements and the extent to which the funds from the County Jail Capital Expenditure Fund will be utilized to attract other sources of capital financing for county jail facilities; (2) The extent to which a substantial county match shall be required and any circumstances under which the county match may be reduced or waived; (3) The extent to which the county’s match shall be based on the county’s previous compliance with Board of Corrections standards; (4) The extent to which the capital improvements are necessary to the life or safety of the persons confined or employed in the facility or the health and sanitary conditions of the facility; (5) The extent to which the county has utilized reasonable alternatives to pre- and post-conviction incarceration, including, but not limited to, programs to facilitate release upon one’s own recognizance where appropriate to individuals pending trial, sentencing alternatives to custody, and civil commitment or diversion programs consistent with public safety for those with drug- or alcohol-related problems or mental or developmental disabilities. (Amended by Stats. 1996, Ch. 155, Sec. 4. Effective July 12, 1996.)
  29. 6029.5.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Board of Corrections may spend money from the County Jail Capital Expenditure Fund on joint use correctional facilities, as long as the spending is proportionate to county benefit.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6029.5. The Board of Corrections is authorized to expend money from the County Jail Capital Expenditure Fund, created pursuant to Sections 4412 and 6029.1, on joint use correctional facilities housing county and state or federal prisoners or any combination thereof in proportion to the county benefit. (Added by Stats. 1983, Ch. 1101, Sec. 1.)
  30. 603.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    A non-peace officer who forcibly and without consent enters an occupied dwelling or similar building and damages property there commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 603. Every person other than a peace officer engaged in the performance of his duties as such who forcibly and without the consent of the owner, representative of the owner, lessee or representative of the lessee thereof, enters a dwelling house, cabin, or other building occupied or constructed for occupation by humans, and who damages, injures or destroys any property of value in, around or appertaining to such dwelling house, cabin or other building, is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 635.)
  31. 6030.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The board must set and update minimum standards for local correctional facilities, including safety, health, drug handling, and care rules for pregnant inmates.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6030. (a) The Board of State and Community Corrections shall establish minimum standards for local correctional facilities. The board shall review those standards biennially and make any appropriate revisions. (b) The standards shall include, but not be limited to, the following areas: health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in local correctional facilities, and personnel training. (c) The standards shall require that at least one person on duty at the facility is knowledgeable in the area of fire and life safety procedures. (d) The standards shall also include requirements relating to the acquisition, storage, labeling, packaging, and dispensing of drugs. (e) The standards shall require that inmates who are received by the facility while they are pregnant be notified, orally or in writing, of and provided all of the following: (1) A balanced, nutritious diet approved by a doctor. (2) Prenatal and post partum information and health care, including, but not limited to, access to necessary vitamins as recommended by a doctor. (3) Information pertaining to childbirth education and infant care. (4) A dental cleaning while in a state facility. (f) The standards shall provide that a woman known to be pregnant or in recovery after delivery shall not be restrained, except as provided in Section 3407. The board shall develop standards regarding the restraint of pregnant women at the next biennial review of the standards after the enactment of the act amending this subdivision and shall review the individual facility’s compliance with the standards. (g) In establishing minimum standards, the board shall seek the advice of the following: (1) For health and sanitary conditions: The State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons. (2) For fire and life safety: The State Fire Marshal, local fire officials, and other interested persons. (3) For security, rehabilitation programs, recreation, and treatment of persons confined in correctional facilities: The Department of Corrections and Rehabilitation, state and local juvenile justice commissions, state and local correctional officials, experts in criminology and penology, and other interested persons. (4) For personnel training: The Commission on Peace Officer Standards and Training, psychiatrists, experts in criminology and penology, the Department of Corrections and Rehabilitation, state and local correctional officials, and other interested persons. (5) For female inmates and pregnant inmates in local adult and juvenile facilities: The California State Sheriffs’ Association and Chief Probation Officers’ Association of California, and other interested persons. (Amended by Stats. 2013, Ch. 76, Sec. 163. (AB 383) Effective January 1, 2014.)
  32. 6031.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Board of State and Community Corrections must inspect each local detention facility in the state at least every two years, and authorized board personnel may enter and inspect any area without notice if they show proper identification.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6031. (a) The Board of State and Community Corrections shall, at a minimum, inspect each local detention facility in the state biennially. (b) Any duly authorized officer, employee, or agent of the board may, upon presentation of proper identification, enter and inspect any area of a local detention facility, without notice, to conduct an inspection required by this section. (Amended by Stats. 2021, Ch. 80, Sec. 20. (AB 145) Effective July 16, 2021.)
  33. 6031.1.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    Local detention facilities must be inspected at least every two years, privately operated work furlough facilities must be inspected every two years unless an earlier inspection is requested, inspection reports must be sent to listed officials, and completed reports must be posted publicly 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6031.1. (a) Inspections of local detention facilities shall, at a minimum, be made biennially. Inspections of privately operated work furlough facilities and programs shall be made biennially unless the work furlough administrator requests an earlier inspection. Inspections shall include, but not be limited to, the following: (1) Health and safety inspections conducted pursuant to Section 101045 of the Health and Safety Code. (2) Fire suppression preplanning inspections by the local fire department. (3) Security, rehabilitation programs, recreation, treatment of persons confined in the facilities, and personnel training by the staff of the Board of State and Community Corrections. (4) The types and availability of visitation, including, but not limited to, the mode of visitation, visitation hours, time inmates are allowed for visitation, and any restrictions on inmate visitation. (5) Whether the county in which the facility is located received state funding for jail construction pursuant to Chapter 7 of the Statutes of 2007, Chapter 42 of the Statutes of 2012, Chapter 37 of the Statutes of 2014, or Chapter 34 of the Statutes of 2016. For counties that received funding, whether the county and facility are in compliance with the applicable requirements and restrictions of that funding. (b) Reports of each facility’s inspection shall be furnished to the official in charge of the local detention facility or, in the case of a privately operated facility, the work furlough administrator, the local governing body, the grand jury, and the presiding judge of the superior court in the county where the facility is located. These reports shall set forth the areas wherein the facility has complied and has failed to comply with the minimum standards established pursuant to Section 6030. (c) All reports completed pursuant to this section shall be posted on the Board of State and Community Corrections’ Internet Web site in a manner in which they are accessible to the public. (Amended by Stats. 2017, Ch. 17, Sec. 43. (AB 103) Effective June 27, 2017.)
  34. 6031.2.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Board of Corrections must file reports with the Legislature every December 30 in even-numbered years, and those reports must include specified correctional facility, funding, and inmate-accounting 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6031.2. The Board of Corrections shall file with the Legislature on December 30, in each even-numbered year, reports to the Legislature which shall include information on all of the following: (a) Inspection of those local detention facilities that have not complied with the minimum standards established pursuant to Section 6030. The reports shall specify those areas in which the facility has failed to comply and the estimated cost to the facility necessary to accomplish compliance with the minimum standards. (b) Information regarding the progress and effectiveness of the standards and training program contained in Sections 6035 to 6037, inclusive. (c) Status of funds expended, interest earned, actions implementing the prerequisites for funding, any reallocations of funds pursuant to Sections 4497.04 to 4497.16, inclusive, and a complete listing of funds allocated to each county. (d) Inmate accounting system data to be maintained on an annual basis by the sheriff, chief of police, or other official in charge of operating the adult detention system in a county or city, including all of the following: (1) Average daily population of sentenced and unsentenced prisoners classified according to gender and juvenile status. (2) Jail admissions of sentenced and unsentenced prisoners, booking charge, date and time of booking, date and time of release, and operating expenses. (3) Detention system capital and operating expenses. (Amended by Stats. 1996, Ch. 805, Sec. 5. Effective January 1, 1997.)
  35. 6031.3.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The Board of Corrections may apply for available federal funds to support the purposes of Sections 6030 to 6031.2.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6031.3. The Board of Corrections is authorized to apply for any funds that may be available from the federal government to further the purposes of Sections 6030 to 6031.2, inclusive. (Added by Stats. 1971, Ch. 1789.)
  36. 6031.4.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    This section defines “local detention facility” for this title and lists several included and excluded facility types.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6031.4. (a) For the purpose of this title, “local detention facility” means any city, county, city and county, or regional facility used for the confinement for more than 24 hours of adults, or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors. (b) In addition to those provided for in subdivision (a), for the purposes of this title, “local detention facility” also includes any city, county, city and county, or regional facility, constructed on or after January 1, 1978, used for the confinement, regardless of the length of confinement, of adults or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors. (c) “Local detention facility” also includes any adult detention facility, exclusive of any facility operated by the Department of Corrections and Rehabilitation or any facility holding inmates pursuant to Section 2910.5, Chapter 4 (commencing with Section 3410) of Title 2 of, Chapter 9.2 (commencing with Section 6220) of Title 7 of, Chapter 9.5 (commencing with Section 6250) of Title 7 of, or Chapter 9.6 (commencing with Section 6260) of Title 7 of, Part 3, that holds local prisoners under contract on behalf of a city, county, or city and county. Nothing in this subdivision shall be construed as affecting or authorizing the establishment of private detention facilities. (d) “Local detention facility” also includes a court holding facility within a superior court that is operated by or supervised by personnel trained pursuant to Section 1024 of Title 15 of the California Code of Regulations. A court holding facility does not include an area within a courtroom or a public area in the courthouse. (e) For purposes of this title, a local detention facility does not include those rooms that are used for holding persons for interviews, interrogations, or investigations, and are either separate from a jail or located in the administrative area of a law enforcement facility. (Amended by Stats. 2018, Ch. 36, Sec. 23. (AB 1812) Effective June 27, 2018.)
  37. 6031.5.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    This section defines “correctional personnel” for this chapter.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6031.5. For the purposes of this chapter, the term “correctional personnel” means either of the following: (1) Any person described by subdivision (a) or (b) of Section 830.5, 830.55, 831, or 831.5. (2) Any class of persons who perform supervision, custody, care, or treatment functions and are employed by the Department of Corrections, the Department of the Youth Authority, any correctional or detention facility, probation department, community-based correctional program, or other state or local public facility or program responsible for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, criminal or delinquent conduct. (Amended by Stats. 1991, Ch. 1100, Sec. 5.)
  38. 6031.6.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    Privately operated local detention facilities must contract with the local government, comply with specified laws and jail standards, and use properly trained personnel.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6031.6. (a) Any privately operated local detention facility responsible for the custody and control of any local prisoner shall, as required by subdivision (a) of Section 1208, operate pursuant to a contract with the city, county, or city and county, as appropriate. (b) (1) Each contract shall include, but not be limited to, a provision whereby the private agency or entity agrees to operate in compliance with all appropriate state and local building, zoning, health, safety, and fire statutes, ordinances, and regulations, and with the minimum jail standards established by regulations adopted by the Board of Corrections, as set forth in Subchapter 4 (commencing with Section 1000) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations. (2) The private agency or entity shall select and train its personnel in accordance with selection and training requirements adopted by the Board of Corrections as set forth in Subchapter 1 (commencing with Section 100) of Chapter 1 of Division 1 of Title 15 of the California Code of Regulations. (3) The failure of a privately operated local detention facility to comply with the appropriate health, safety, and fire laws, or with the minimum jail standards adopted by the Board of Corrections, may constitute grounds for the termination of the contract. (c) Upon the discovery of a failure of a privately operated local detention facility to comply with the requirements of subdivision (b), the local governmental entity shall notify the director of the facility that sanctions shall be applied or the contract shall be canceled if the specified deficiencies are not corrected within 60 days. (Added by Stats. 1993, Ch. 787, Sec. 3. Effective January 1, 1994.)
  39. 6032.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    This section creates the California Juvenile Justice Data Working Group and requires it to include specified representatives, analyze juvenile justice data systems, and submit reports and recommendations by set 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6032. (a) There is hereby established within the Board of State and Community Corrections the California Juvenile Justice Data Working Group. The purpose of the working group is to recommend options for coordinating and modernizing the juvenile justice data systems and reports that are developed and maintained by state and county agencies. (b) (1) The working group shall include representatives from each of the following: (A) The Department of Justice. (B) The Board of State and Community Corrections. (C) The Division of Juvenile Justice within the Department of Corrections and Rehabilitation. (D) The Chief Probation Officers of California. (E) The Judicial Council. (F) The California State Association of Counties. (G) Any other representatives that are deemed appropriate by the board. (2) Members of the working group shall include persons that have experience or expertise related to the California juvenile justice system or the design and implementation of juvenile justice data systems, or both. (c) (1) The working group shall analyze the capacities and limitations of the data systems and networks used to collect and report state and local juvenile caseload and outcome data. The analysis shall include all of the following: (A) A review of the relevant data systems, studies, or models from California and other states having elements worthy of replication in California. (B) Identify changes or upgrades to improve the capacity and utility of juvenile justice caseload and outcome data in California, including changes to support the gathering of juvenile justice outcome and recidivism information, and changes to improve performance outcome measurements for state-local juvenile justice grant programs. (2) No later than January 1, 2016, the working group shall prepare and submit a report to the Legislature on the options for improving interagency coordination, modernization, and upgrading of state and local juvenile justice data and information systems. The report shall include, but not be limited to, all of the following: (A) The additional collection and reporting responsibilities for agencies, departments, or providers that would be affected. (B) Recommendations for the creation of a Web-based statewide clearinghouse or information center that would make relevant juvenile justice information on operations, caseloads, dispositions, and outcomes available in a user-friendly, query-based format for stakeholders and members of the public. (C) An assessment of the feasibility of implementing the responsibilities identified in subparagraph (A) and the recommendations developed pursuant to subparagraph (B). (3) The working group shall also recommend a plan for improving the current juvenile justice reporting requirements of Section 1961 of the Welfare and Institutions Code and Section 30061 of the Government Code, including streamlining and consolidating current requirements without sacrificing meaningful data collection. The working group shall submit its recommendations to the Board of State and Community Corrections no later than April 30, 2015. (d) (1) 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. (2) A report submitted to the Legislature pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2014, Ch. 436, Sec. 1. (SB 1054) Effective January 1, 2015.)
  40. 6033.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    The Board of State and Community Corrections must develop recommendations by January 1, 2018 for counties on disaggregating juvenile justice data by race and ethnicity.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6033. The Board of State and Community Corrections shall, by January 1, 2018, develop recommendations for best practices and standardization for counties on how to disaggregate juvenile justice caseload and performance and outcome data by race and ethnicity. (Added by Stats. 2016, Ch. 880, Sec. 3. (AB 1998) Effective January 1, 2017.)
  41. 6034.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. )

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    This section creates the Director of In-Custody Death Review and requires the director to review certain death investigations in local detention facilities, issue recommendations, and gives the sheriff or administrator duties to respond within 90 days.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 1. General Provisions [6024 - 6034] ( Heading of Article 1 added by Stats. 1979, Ch. 1148. ) ## 6034. (a) There is hereby created the position of Director of In-Custody Death Review within the Board of State and Community Corrections. Subject to Senate confirmation, the Governor shall appoint the director to a six-year term. (b) (1) Commencing July 1, 2024, the director shall review investigations of any death incident, as defined in paragraph (1) of subdivision (a) of Section 832.10, occurring within a local detention facility, as defined in paragraph (2) of subdivision (a) of Section 832.10, and may, upon determination by the board that it is necessary and appropriate, conduct further review of a death incident. Upon that review, the director shall make specific and customized recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including changes to policies, procedures, and practices, facility upgrades, staffing considerations, the delivery of medical and behavioral health services within local detention facilities, and operational and capital funding requirements to address the director’s recommendations. (2) As used in this section, the term “director” includes employees and agents of the In-Custody Death Review Division. (c) Within 90 days of receipt of the director’s recommendations, the sheriff or administrator who operates the local detention facility shall identify the director’s recommendations that will be implemented and shall provide a timeline for implementation and the anticipated cost of implementing those recommendations. The sheriff or administrator who operates the local detention facility shall also identify the director’s recommendations that will not or cannot be implemented, accompanied by an explanation of why the recommendations will not or cannot be implemented. The Board of State and Community Corrections may call upon the sheriff or administrator who operates the local detention facility to respond to the Board of State and Community Corrections at a regularly scheduled meeting to discuss the recommendations and responses. (d) The director’s recommendations issued pursuant to subdivision (b) and responses from the sheriff or administrator required under subdivision (c) shall be available to the public. The director and the sheriff or administrator of the local detention facility may, in their discretion, redact these disclosures or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder litigation related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law. Copies of public reports shall be posted on the Board of State and Community Corrections’s internet website. (e) Commencing July 1, 2024, and upon appropriation by the Legislature for this purpose, the Board of State and Community Corrections shall employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews described in this section, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities. (f) (1) In carrying out the duties under this section, the director shall, during regular business hours, have access to, and authority to, examine and reproduce records, as specified in paragraph (1) of subdivision (c) of Section 832.10, of any local detention facility. In connection with duties authorized by this chapter, the director shall have access to the records and property of any public or private entity or person subject to review or regulation by the public agency or public entity to the same extent that employees or officers of that agency or public entity have access. No provision of law, memorandum of understanding, or any other agreement entered into between the employing entity and the employee or the employee’s representative providing for the confidentiality or privilege of any records or property shall prevent disclosure. Any officer or employee of any agency or entity having these records or property in their possession or under their control shall permit access to, and examination and reproduction thereof, consistent with the provisions of this section, upon the request of the director. (2) A local detention facility may withhold records that are part of an active criminal or administrative investigation as set forth in paragraph (4) of subdivision (c) of Section 832.10. (g) Access, examination, and reproduction consistent with the provisions of this section shall not constitute a waiver of any confidentiality or privilege regarding any records disclosed to the director. (h) For purposes of federal and state law, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Confidentiality of Medical Information Act, the In-Custody Death Review Division within the Board of State and Community Corrections shall be deemed a health oversight agency authorized by law to receive protected health information for oversight activities, including as described in Section 164.512(d) of Title 45 of the Code of Federal Regulations related to the review of an in-custody death pursuant to this section. Covered entities may disclose protected health information to the In-Custody Death Review Division without the authorization of the individual, provided that disclosure is limited to information reasonably necessary for the In-Custody Death Review Division review of in-custody deaths pursuant to this section. (Amended by Stats. 2025, Ch. 111, Sec. 13. (SB 157) Effective September 17, 2025.)
  42. 6035.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 2. Standards and Training of Local Corrections and Probation Officers [6035 - 6036] ( Article 2 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The board must adopt minimum training and selection standards for local corrections and probation personnel, and it may later amend those rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 2. Standards and Training of Local Corrections and Probation Officers [6035 - 6036] ( Article 2 added by Stats. 1979, Ch. 1148. ) ## 6035. (a) For the purpose of raising the level of competence of local corrections and probation officers and other correctional personnel, the board shall adopt, and may from time to time amend, rules establishing minimum standards for the selection and training of these personnel employed by any city, county, or city and county who provide for the custody, supervision, treatment, or rehabilitation of persons accused of, or adjudged responsible for, criminal or delinquent conduct who are currently under local jurisdiction. All of these rules shall be adopted and amended pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Any city, county, or city and county may adhere to the standards for selection and training established by the board. The board may defer the promulgation of selection standards until necessary research for job relatedness is completed. (c) Minimum training standards may include, but are not limited to, basic, entry, continuation, supervisory, management, and specialized assignments. (Amended by Stats. 2003, Ch. 158, Sec. 3. Effective August 2, 2003.)
  43. 6036.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 2. Standards and Training of Local Corrections and Probation Officers [6035 - 6036] ( Article 2 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    The board has powers to approve or certify training and education courses, run a certificate program, adopt necessary regulations, develop and present training courses, and carry out other related activities and studies.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 2. Standards and Training of Local Corrections and Probation Officers [6035 - 6036] ( Article 2 added by Stats. 1979, Ch. 1148. ) ## 6036. For purposes of implementing this article, the board shall have the following powers: (a) Approve or certify, or both, training and education courses at institutions approved by the board. (b) Develop and operate a professional certificate program which provides recognition of achievement for local corrections and probation officers whose agencies participate in the program. (c) Adopt those regulations as are necessary to carry out the purposes of this chapter. (d) Develop and present training courses for local corrections and probation officers. (e) Perform those other activities and studies as would carry out the intent of this article. (Amended by Stats. 2003, Ch. 158, Sec. 4. Effective August 2, 2003.)
  44. 604.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    A person who maliciously damages or destroys another’s standing crops, grain, fruits, or vegetables, where no other punishment is prescribed by the Code, commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 604. Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this Code, is guilty of a misdemeanor. (Enacted 1872.)
  45. 6040.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 3. Corrections Training Fund [6040- 6040.] ( Article 3 added by Stats. 1979, Ch. 1148. )

    Verify source ↗

    A Corrections Training Fund is created in the State Treasury, its money may be used only for specified correctional administration and training purposes, and the fund is abolished on June 30, 2021.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 3. Corrections Training Fund [6040- 6040.] ( Article 3 added by Stats. 1979, Ch. 1148. ) ## 6040. There is hereby created in the State Treasury a Corrections Training Fund. Upon appropriation from the fund, moneys shall be used exclusively for the costs of administration, the development of appropriate standards, the development of training, and program evaluation, pursuant to this chapter. The fund is abolished on June 30, 2021, and any moneys remaining in the fund shall revert to the State Penalty Fund. (Amended by Stats. 2018, Ch. 36, Sec. 24. (AB 1812) Effective June 27, 2018.)
  46. 6045.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. )

    Verify source ↗

    The Board of State and Community Corrections must administer mentally ill offender crime reduction grants competitively to qualifying counties, split the grants equally between adult and juvenile programs, and use them for prevention, intervention, supervision, and incarceration-based 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. ) ## 6045. (a) The Board of State and Community Corrections shall administer mentally ill offender crime reduction grants on a competitive basis to counties that expand or establish a continuum of timely and effective responses to reduce crime and criminal justice costs related to mentally ill offenders. The grants administered under this article by the board shall be divided equally between adult and juvenile mentally ill offender crime reduction grants in accordance with the funds appropriated for each type of grant. The grants shall support prevention, intervention, supervision, and incarceration-based services and strategies to reduce recidivism and to improve outcomes for mentally ill juvenile and adult offenders. (b) For purposes of this article, the following terms shall have the following meanings: (1) “Board” means the Board of State and Community Corrections. (2) “Mentally ill adult offenders” means persons described in subdivisions (b) and (c) of Section 5600.3 of the Welfare and Institutions Code. (3) “Mentally ill juvenile offenders” means persons described in subdivision (a) of Section 5600.3 of the Welfare and Institutions Code. (Amended by Stats. 2014, Ch. 436, Sec. 2. (SB 1054) Effective January 1, 2015.)
  47. 6045.2.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. )

    Verify source ↗

    Counties may apply for adult or juvenile mentally ill offender grants, and the board must run separate grant processes for each category.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. ) ## 6045.2. (a) A county shall be eligible to apply for either an adult mentally ill offender grant or a juvenile mentally ill offender grant or both in accordance with all other provisions of this article. The board shall provide a separate and competitive grant application and award process for each of the adult and juvenile mentally ill offender crime reduction grant categories. The board shall endeavor to assist counties that apply for grants in both categories in meeting any grant submission requirements that may overlap between the two categories of grants. (b) (1) A county that applies for an adult mentally ill offender grant shall establish a strategy committee to design the grant application that includes, at a minimum, the sheriff or director of the county department of corrections in a county where the sheriff does not administer the county jail system, who shall chair the committee, and representatives from other local law enforcement agencies, the chief probation officer, the county mental health director, a superior court judge, a former offender who is or has been a client of a mental health treatment facility, and representatives from organizations that can provide or have provided treatment or stabilization services for mentally ill offenders, including treatment, housing, income or job support, and caretaking. (2) A county that applies for a juvenile mentally ill offender grant shall establish a strategy committee that includes, at a minimum, the chief probation officer who shall chair the committee, representatives from local law enforcement agencies, the county mental health director, a superior court judge, a client or former offender who has received juvenile mental health services, and representatives from organizations that can provide or have provided treatment or support services for mentally ill juvenile offenders, including therapy, education, employment, housing, and caretaking services. (3) A county that applies for both types of grants may convene a combined strategy committee that includes the sheriff or jail administrator and the chief probation officer as cochairs of the committee, as well as representation from the other agencies, departments, and disciplines designated in paragraphs (1) and (2) for both types of committees. (c) The strategy committee shall develop and describe in its grant application a comprehensive county plan for providing a cost-effective continuum of responses and services for mentally ill adult offenders or mentally ill juvenile offenders, including prevention, intervention, and incarceration-based services, as appropriate. The plan shall describe how the responses and services included in the plan have been proven to be or are designed to be effective in addressing the mental health needs of the target offender population, while also reducing recidivism and custody levels for mentally ill offenders in adult or juvenile detention or correctional facilities. Strategies for prevention, intervention, and incarceration-based services in the plan shall include, but not be limited to, all of the following: (1) Mental health and substance abuse treatment for mentally ill adult offenders or mentally ill juvenile offenders who are presently placed, incarcerated, or housed in a local adult or juvenile detention or correctional facility or who are under supervision by the probation department after having been released from a state or local adult or juvenile detention or correctional facility. (2) Prerelease, reentry, continuing, and community-based services designed to provide long-term stability for juvenile or adult offenders outside of the facilities of the adult or juvenile justice systems, including services to support a stable source of income, a safe and decent residence, and a conservator or caretaker, as needed in appropriate cases. (3) For mentally ill juvenile offender applications, one or more of the following strategies that has proven to be effective or has evidence-based support for effectiveness in the remediation of mental health disorders and the reduction of offending: short-term and family-based therapies, collaborative interagency service agreements, specialized court-based assessment and disposition tracks or programs, or other specialized mental health treatment and intervention models for juvenile offenders that are proven or promising from an evidence-based perspective. (d) The plan as included in the grant application shall include the identification of specific outcome and performance measures and for annual reporting on grant performance and outcomes to the board that will allow the board to evaluate, at a minimum, the effectiveness of the strategies supported by the grant in reducing crime, incarceration, and criminal justice costs related to mentally ill offenders. The board shall, in the grant application process, provide guidance to counties on the performance measures and reporting criteria to be addressed in the application. (Added by Stats. 2014, Ch. 26, Sec. 32. (AB 1468) Effective June 20, 2014.)
  48. 6045.4.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. )

    Verify source ↗

    Counties applying for this grant must include a four-year plan, and grants are limited to three years of funding.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. ) ## 6045.4. (a) The application submitted by a county shall describe a four-year plan for the programs, services, or strategies to be provided under the grant. The board shall award grants that provide funding for three years. Funding shall be used to supplement, rather than supplant, funding for existing programs. Funds may be used to fund specialized alternative custody and diversion programs that offer appropriate mental health treatment and services. (b) A grant shall not be awarded unless the applicant makes available resources in accordance with the instructions of the board in an amount equal to at least 25 percent of the amount of the grant. Resources may include in-kind contributions from participating agencies. (c) In awarding grants, priority or preference shall be given to those grant applications that include documented match funding that exceeds 25 percent of the total grant amount. (Amended by Stats. 2015, Ch. 473, Sec. 1. (SB 621) Effective January 1, 2016.)
  49. 6045.6.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. )

    Verify source ↗

    The board must set minimum requirements, funding criteria, and grant-awarding procedures.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. ) ## 6045.6. The board shall establish minimum requirements, funding criteria, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (a) The probable or potential impact of the grant on reducing the number or percent of mentally ill adult offenders or mentally ill juvenile offenders who are incarcerated or detained in local adult or juvenile correctional facilities and, as relevant for juvenile offenders, in probation out-of-home placements. (b) Demonstrated ability to administer the program, including any past experience in the administration of a prior mentally ill offender crime reduction grant. (c) Demonstrated ability to develop effective responses and to provide effective treatment and stability for mentally ill adult offenders or mentally ill juvenile offenders. (d) Demonstrated ability to provide for interagency collaboration to ensure the effective coordination and delivery of the strategies, programs, or services described in the application. (e) Likelihood that the program will continue to operate after state grant funding ends, including the applicant’s demonstrated history of maximizing federal, state, local, and private funding sources to address the needs of the grant service population. (Added by Stats. 2014, Ch. 26, Sec. 32. (AB 1468) Effective June 20, 2014.)
  50. 6045.9.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. )

    Verify source ↗

    The board may spend up to 5% of the funds appropriated for this article to administer the 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 4. Mentally Ill Offender Crime Reduction Grants [6045 - 6045.9] ( Article 4 added by Stats. 2014, Ch. 26, Sec. 32. ) ## 6045.9. The board may use up to 5 percent of the funds appropriated for purposes of this article to administer this program, including technical assistance to counties and the development of the evaluation component. (Added by Stats. 2014, Ch. 26, Sec. 32. (AB 1468) Effective June 20, 2014.)
  51. 6046.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. )

    Verify source ↗

    This section creates a Second Chance Program focused on community-based mental health, substance use, and diversion services for formerly incarcerated people, and requires the Board of State and Community Corrections to administer a grant 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. ) ## 6046. (a) The purpose of this article is to build safer communities by investing in community-based programs, services, and initiatives for formerly incarcerated individuals in need of mental health and substance use treatment services. (b) The program established pursuant to this article shall be restricted to supporting mental health treatment, substance use treatment, and diversion programs for persons in the criminal justice system, with an emphasis on programs that reduce recidivism of persons convicted of less serious crimes, such as those covered by the Safe Neighborhoods and Schools Act of 2014, and those who have substance use and mental health problems. (c) The Board of State and Community Corrections shall administer a grant program established pursuant to this article. (Added by Stats. 2015, Ch. 438, Sec. 4. (AB 1056) Effective January 1, 2016.)
  52. 6046.1.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. )

    Verify source ↗

    This section defines key terms used in Article 5 of the Second Chance 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. ) ## 6046.1. For the purposes of this article, the following definitions shall apply: (a) “Board” means the Board of State and Community Corrections. (b) “Fund” means the Second Chance Fund established pursuant to Section 6046.2. (c) “Public agency” means a county, city, whether a general law city or a chartered city, or city and county, the duly constituted governing body of an Indian reservation or rancheria, a school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, entities that are legislative bodies of a local agency pursuant to subdivision (c) or (d) of Section 54952 of the Government Code, a housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code, a state agency, public district, or other political subdivision of the state, or any instrumentality thereof, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. (d) “Recidivism” means a conviction of a new felony or misdemeanor committed within three years of release from custody or committed within three years of placement on supervision for a previous criminal conviction. (Added by Stats. 2015, Ch. 438, Sec. 4. (AB 1056) Effective January 1, 2016.)
  53. 6046.2.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. )

    Verify source ↗

    This section creates the Second Chance Fund, assigns the board to administer it, requires the Controller to transfer certain moneys into it when ordered by the Director of Finance, allows the fund to receive other grants or donations, and caps administrative spending at 5% a 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. ) ## 6046.2. (a) The Second Chance Fund is hereby created in the State Treasury. The board shall be responsible for administering the fund. Moneys in the fund are hereby continuously appropriated without regard to fiscal year for the purposes of this article. (b) (1) The Controller, upon order of the Director of Finance, shall transfer moneys available to the Board of State and Community Corrections pursuant to paragraph (3) of subdivision (a) of Section 7599.2 of the Government Code into the Second Chance Fund. (2) The Second Chance Fund may receive moneys from any other federal, state, or local grant, or from any private donation or grant, for the purposes of this article. (c) The board shall not spend more than 5 percent annually of the moneys in the fund for administrative costs. (Added by Stats. 2015, Ch. 438, Sec. 4. (AB 1056) Effective January 1, 2016.)
  54. 6046.3.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. )

    Verify source ↗

    The board must run a competitive grant program focused on reducing recidivism, and appoint a steering committee to help evaluate and prioritize proposals.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 5. Second Chance Program [6046 - 6046.3] ( Article 5 added by Stats. 2015, Ch. 438, Sec. 4. ) ## 6046.3. (a) The board shall administer a competitive grant program to carry out the purposes of this article that focuses on community-based solutions for reducing recidivism. The grant program shall, at minimum, do all of the following: (1) Restrict eligibility to proposals designed to serve people who have been arrested, charged with, or convicted of a criminal offense and have a history of mental health or substance use disorders. (2) Restrict eligibility to proposals that offer mental health services, substance use disorder treatment services, misdemeanor diversion programs, or some combination thereof. (3) Restrict eligibility to proposals that have a public agency as the lead applicant. (b) The board shall form an executive steering committee that includes, but is not limited to, a balanced and diverse membership from relevant state and local government entities, community-based treatment and service providers, and the formerly incarcerated community. The committee shall have expertise in homelessness and housing, behavioral health and substance abuse treatment, and effective rehabilitative treatment for adults and juveniles. The committee shall make recommendations regarding the design, efficacy, and viability of proposals, and make recommendations on guidelines for the submission of proposals, including threshold or scoring criteria, or both, that do all of the following: (1) Prioritize proposals that advance principles of restorative justice while demonstrating a capacity to reduce recidivism. (2) Prioritize proposals that leverage other federal, state, and local funds or other social investments, such as the following sources of funding: (A) The Drug Medi-Cal Treatment Program (22 Cal. Code Regs. 51341.1, 51490.1, and 51516.1). (B) The Mental Health Services Act, enacted by Proposition 63 at the November 2, 2004, general election, as amended. (C) Funds provided for in connection with the implementation of Chapter 15 of the Statutes of 2011. (D) The Community Corrections Performance Incentives Act (Stats. 2009, Ch. 608; Chapter 3 (commencing with Section 1228) of Title 8 of Part 2). (E) The tax credits established pursuant to Sections 12209, 17053.57, and 23657 of the Revenue and Taxation Code. (F) The federal Department of Housing and Urban Development funds, such as the Emergency Solutions Grant program (42 U.S.C. Sec. 11371 et seq.). (G) The federal Department of Veterans Affairs Supportive Services for Veteran Families program (38 U.S.C. Sec. 2044). (H) Social Innovation Funds established by the Corporation for National and Community Service pursuant to Section 12653k of Title 42 of the United States Code. (I) The Edward Byrne Memorial Justice Assistance Grant Program (42 U.S.C. Sec. 3750 et seq.). (3) Prioritize proposals that provide for all of the following: (A) Mental health services, substance use disorder treatment services, misdemeanor diversion programs, or some combination thereof. (B) Housing-related assistance that utilizes evidence-based models, including, but not limited to, those recommended by the federal Department of Housing and Urban Development. Housing-related assistance may include, but is not limited to, the following: (i) Financial assistance, including security deposits, utility payments, moving-cost assistance, and up to 24 months of rental assistance. (ii) Housing stabilization assistance, including case management, relocation assistance, outreach and engagement, landlord recruitment, housing navigation and placement, and credit repair. (C) Other community-based supportive services, such as job skills training, case management, and civil legal services. (4) Prioritize proposals that leverage existing contracts, partnerships, memoranda of understanding, or other formal relationships to provide one or more of the services prioritized in paragraph (3). (5) Prioritize proposals put forth by a public agency in partnership with a philanthropic or nonprofit organization. (6) Prioritize proposals that promote interagency and regional collaborations. (7) Consider ways to promote services for people with offenses identical or similar to those addressed by the Safe Neighborhoods and Schools Act of 2014, without precluding assistance to a person with other offenses in his or her criminal history. (8) Consider geographic diversity. (9) Consider appropriate limits for administrative costs and overhead. (10) Consider proposals that provide services to juveniles. (11) Permit proposals to expand the capacity of an existing program and prohibit proposals from using the fund to supplant funding for an existing program. (Added by Stats. 2015, Ch. 438, Sec. 4. (AB 1056) Effective January 1, 2016.)
  55. 6048.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 7. Standards for Mental Health Care in Local Correctional Facilities [6048 - 6048.5] ( Article 7 added by Stats. 2023, Ch. 298, Sec. 3. )

    Verify source ↗

    The board must adopt minimum mental-health-care regulations for local correctional facilities, and jail staff and officers must follow specific CPR, audit, training, screening, and record-review 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 7. Standards for Mental Health Care in Local Correctional Facilities [6048 - 6048.5] ( Article 7 added by Stats. 2023, Ch. 298, Sec. 3. ) ## 6048. Commencing July 1, 2024, the board shall develop and adopt regulations setting minimum standards for mental health care at local correctional facilities that meet or exceed the standards for health services in jails established by the National Commission on Correctional Health Care, as follows: (a) Safety checks of incarcerated persons shall be sufficiently detailed to determine the safety and well-being of the incarcerated person, and that they are not in distress. This determination shall not require facility staff to disturb or wake incarcerated persons during sleeping hours. (b) Correctional officers shall be certified in cardiopulmonary resuscitation (CPR) and shall be required, when safe and appropriate to do so, to begin CPR on a nonresponsive person without obtaining approval from supervisors or medical staff. (c) Jail supervisors shall be required to conduct random audits of safety checks which shall include a review of logs and video footage, if available, to ensure that safety checks are properly performed. (d) In-service training of correctional officers shall include no fewer than four hours of training on mental and behavioral health annually. Training requirements prescribed in this subdivision shall be developed by Board of State and Community Corrections standards of training for corrections. (e) Mental health screening or evaluation conducted at booking or intake shall be conducted by a qualified mental health care professional, if available. Mental health screening or evaluation that is conducted by anybody other than a qualified mental health care professional shall be reviewed by a qualified mental health care professional as soon as reasonably practicable. (f) Jail staff shall review the medical and mental health history and the county electronic health record, if available, of any person booked or transferred into the jail to determine any history of mental health issues. (Added by Stats. 2023, Ch. 298, Sec. 3. (AB 268) Effective January 1, 2024.)
  56. 6048.5.

    ## 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 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 7. Standards for Mental Health Care in Local Correctional Facilities [6048 - 6048.5] ( Article 7 added by Stats. 2023, Ch. 298, Sec. 3. )

    Verify source ↗

    This section defines “qualified mental health care professional” for this article.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 5. The Corrections Standards Authority [6024 - 6048.5] ( Heading of Chapter 5 amended by Stats. 2005, Ch. 10, Sec. 55. ) ## ARTICLE 7. Standards for Mental Health Care in Local Correctional Facilities [6048 - 6048.5] ( Article 7 added by Stats. 2023, Ch. 298, Sec. 3. ) ## 6048.5. As used in this article, “qualified mental health care professional” means a physician, physician assistant, nurse, nurse practitioner, psychologist licensed by the Board of Psychology, registered psychologist, postdoctoral psychological assistant, postdoctoral psychology trainee employed in an exempt setting pursuant to Section 2910 of the Business and Professions Code or employed pursuant to a State Department of Health Care Services waiver pursuant to Section 5751.2 of the Welfare and Institutions Code, marriage and family therapist, associate marriage and family therapist, licensed clinical social worker, associate clinical social worker, licensed professional clinical counselor, associate professional clinical counselor, or other person who, by virtue of their credentials, is permitted by law to evaluate and care for patients, and who, by virtue of their credentialing, or in addition to their credentialing, has received instruction, training, or expertise in identifying and interacting with persons in need of mental health services. (Added by Stats. 2023, Ch. 298, Sec. 3. (AB 268) Effective January 1, 2024.)
  57. 605.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who maliciously removes or damages boundary monuments, or cuts down/removes a marked tree with intent to destroy the marks, commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 605. Every person who either: 1. Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land, or a place where a subaqueous telegraph cable lies; or, 2. Maliciously defaces or alters the marks upon any such monument; or, 3. Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks; —Is guilty of a misdemeanor. (Enacted 1872.)
  58. 6050.

    ## 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 6. Appointment of Personnel [6050 - 6055] ( Chapter 6 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. )

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    The Governor appoints prison wardens on the secretary’s recommendation, the secretary may remove them, and the Department of Human Resources sets their compensation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 6. Appointment of Personnel [6050 - 6055] ( Chapter 6 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## 6050. (a) The Governor, upon recommendation of the secretary, shall appoint the wardens of the various state prisons. Each warden shall be subject to removal by the secretary. If the secretary removes him or her, the secretary’s action shall be final. The wardens shall be exempt from civil service. (b) The Department of Human Resources shall fix the compensation of the wardens of the state prisons. (Amended by Stats. 2012, Ch. 665, Sec. 183. (SB 1308) Effective January 1, 2013.)
  59. 6055.

    ## 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 6. Appointment of Personnel [6050 - 6055] ( Chapter 6 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. )

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    The Departments of Corrections and Youth Authority may give paid time off, and may also provide financial compensation, for approved mental-health-related courses taken by security and treatment personnel.

    ## 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 6. Appointment of Personnel [6050 - 6055] ( Chapter 6 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## 6055. The Department of Corrections and the Department of the Youth Authority may provide time off with pay to security and treatment personnel who take courses approved by the departments on mental health treatment related to their jobs. The departments may also provide financial compensation to pay for the cost of such courses. (Added by Stats. 1975, Ch. 1258.)
  60. 6065.

    ## 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 6.5. Internal Investigations [6065- 6065.] ( Chapter 6.5 added by Stats. 1998, Ch. 762, Sec. 2. )

    Verify source ↗

    The department must do a thorough background check before training selected peace officers for internal affairs work, keep annual sequential logs of internal affairs complaints, and make those logs available to the Inspector 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 6.5. Internal Investigations [6065- 6065.] ( Chapter 6.5 added by Stats. 1998, Ch. 762, Sec. 2. ) ## 6065. (a) The Legislature finds and declares that investigations of the Department of Corrections and the Department of the Youth Authority that are conducted by their respective offices of internal affairs, or any successor to these offices, require appropriately trained personnel, who perform their duties with honesty, credibility, and without any conflicts of interest. (b) To meet the objectives stated in subdivision (a), the following conditions shall be met: (1) Prior to training any peace officer who is selected to conduct internal affairs investigations, the department shall conduct a complete and thorough background check. This background check shall be in addition to the original background screening that was conducted when the person was hired as a peace officer. Each person shall satisfactorily pass the second background check. Any person who has been the subject of a sustained, serious disciplinary action, including, but not limited to, termination, suspension, or demotion, shall not pass the background check. (2) All internal affairs allegations or complaints, whether investigated or not, shall be logged and numbered sequentially on an annual basis. The log shall specify, but not be limited to, the following information: the sequential number of the allegation or complaint, the date of receipt of the allegation or complaint, the location or facility to which the allegation or complaint pertains, and the disposition of all actions taken, including any final action taken. The log shall be made available to the Inspector General. (c) Consistent with the objectives expressed in subdivision (a), investigators shall conduct investigations and inquiries in a manner that provides a complete and thorough presentation of the facts regarding the allegation or complaint. All extenuating and mitigating facts shall be explored and reported. The role of the investigator is that of a factfinder. All reports prepared by an investigator shall provide the appointing authority with a complete recitation of the facts, and shall refrain from conjecture or opinion. (1) Uncorroborated or anonymous allegations shall not constitute the sole basis for disciplinary action by the department, other than an investigation. (2) All reports shall be submitted in a standard format, begin with a statement of the allegation or complaint, provide all relevant facts, and include the investigator’s signature, certifying that the investigator has complied with the provisions of this section subject to compliance with Sections 118.1 and 148.6. (Amended by Stats. 1999, Ch. 83, Sec. 159. Effective January 1, 2000.)
  61. 607.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    People may not willfully or maliciously damage or interfere with listed water-control structures and related land works; violating the section makes the person guilty of vandalism.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 607. Every person who willfully and maliciously cuts, breaks, injures, or destroys, or who, without the authority of the owner or managing agent, operates any gate or control of, any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected to create hydraulic power, or to drain or reclaim any swamp, overflow, tide, or marsh land, or to store or conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town, or any embankment necessary to the same, or either of them, or willfully or maliciously makes, or causes to be made, any aperture or plows up the bottom or sides in the dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure, with intent to injure or destroy the same; or draws up, cuts, or injures any piles fixed in the ground for the purpose of securing any sea bank, sea wall, dock, quay, jetty, or lock; or who, between the first day of October and the fifteenth day of April of each year, plows up or loosens the soil in the bed on the side of any natural water course, reclamation ditch, or drainage ditch, with an intent to destroy the same without removing the soil within 24 hours from the water course, reclamation ditch, or drainage ditch, or who, between the fifteenth day of April and the first day of October of each year, plows up or loosens the soil in the bed or on the sides of the natural water course, reclamation ditch, or drainage ditch, with an intent to destroy the same and does not remove therefrom the soil so plowed up or loosened before the first day of October next thereafter, is guilty of vandalism under Section 594. Nothing in this section shall be construed so as to in any manner prohibit any person from digging or removing soil from any water course, reclamation ditch, or drainage ditch for the purpose of mining. (Amended by Stats. 1992, Ch. 402, Sec. 2. Effective January 1, 1993.)
  62. 6080.

    ## 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 7. Definitions [6080 - 6082] ( Chapter 7 added by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2. )

    Verify source ↗

    This section defines “Department” and “Director” for this part of the Penal Code.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 7. Definitions [6080 - 6082] ( Chapter 7 added by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2. ) ## 6080. As used in his part, the following terms have the meanings described below: (a) “Department” refers to the Department of Corrections. (b) “Director” refers to the Director of Corrections. (Added by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2.)
  63. 6081.

    ## 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 7. Definitions [6080 - 6082] ( Chapter 7 added by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2. )

    Verify source ↗

    For this code, “prison” and “state prison” include the California Institution for Women.

    ## 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 7. Definitions [6080 - 6082] ( Chapter 7 added by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2. ) ## 6081. As used in this code, “prison” and “state prison” include the California Institution for Women. (Amended by Stats. 1977, Ch. 165.)
  64. 6082.

    ## 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 7. Definitions [6080 - 6082] ( Chapter 7 added by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2. )

    Verify source ↗

    This section defines “prisons” for this title and Title 5 to include certain correctional facilities and institutions used for confinement, treatment, employment, training, and discipline of people in the legal custody of the Department 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 7. Definitions [6080 - 6082] ( Chapter 7 added by Stats. 1944, 3rd [1st] Ex. Sess., Ch. 2. ) ## 6082. References in this title and in Title 5 (commencing with Section 4500) to prisons refer to all facilities, camps, hospitals and institutions for the confinement, treatment, employment, training and discipline of persons in the legal custody of the Department of Corrections. (Amended by Stats. 1987, Ch. 828, Sec. 163.)
  65. 610.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who unlawfully alters, masks, removes, or willfully displays a light or signal with intent to endanger a vessel is punishable by imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 610. Every person who unlawfully masks, alters, or removes any light or signal, or willfully exhibits any light or signal, with intent to bring any vessel into danger, is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 416. (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.)
  66. 6100.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. )

    Verify source ↗

    An institution called the Medical Facility is established under the Department 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. ) ## 6100. There is hereby established an institution under the jurisdiction of the Department of Corrections to be known as the Medical Facility. (Added by Stats. 1945, Ch. 1491.)
  67. 6101.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. )

    Verify source ↗

    The Medical Facility must be located in the northern part of the State.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. ) ## 6101. The Medical Facility shall be located in the northern part of the State. (Amended by Stats. 1946, 1st Ex. Sess., Ch. 69.)
  68. 6102.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. )

    Verify source ↗

    The medical facility’s primary purpose is to receive, segregate, confine, treat, and care for certain males in custody.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. ) ## 6102. The primary purpose of the medical facility shall be the receiving, segregation, confinement, treatment, and care of males under the custody of the Department of Corrections and Rehabilitation or any agency thereof who are any of the following: (a) Persons with mental health disorders. (b) Persons with developmental disabilities. (c) Persons who are addicted to the use of controlled substances. (d) Persons who are suffering from any other chronic disease or condition. (Amended by Stats. 2020, Ch. 370, Sec. 231. (SB 1371) Effective January 1, 2021.)
  69. 6103.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. )

    Verify source ↗

    The Director of Corrections must construct and equip suitable buildings, structures, and facilities for the Medical Facility, following 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. ) ## 6103. The Director of Corrections shall construct and equip, in accordance with law, suitable buildings, structures, and facilities for the Medical Facility. (Added by Stats. 1945, Ch. 1491.)
  70. 6104.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. )

    Verify source ↗

    The Director of Corrections must make rules and regulations for the Medical Facility and its affairs.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. ) ## 6104. The Director of Corrections shall make rules and regulations for the government of the Medical Facility and the management of its affairs. (Added by Stats. 1945, Ch. 1491.)
  71. 6105.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. )

    Verify source ↗

    This section requires the Governor to appoint a warden for the medical facility, the Director to appoint necessary officers and employees, and allows the Director of Corrections to remove a warden at any time.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. ) ## 6105. The Governor, upon the recommendation of the Director of Corrections, in accordance with Section 6050, shall appoint a warden for the medical facility. The director shall appoint, subject to civil service, those other officers and employees as may be necessary. The Director of Corrections may remove a warden at his or her own discretion at any time. (Amended by Stats. 1992, Ch. 1279, Sec. 6. Effective January 1, 1993.)
  72. 6106.

    ## 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 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. )

    Verify source ↗

    The Director of Corrections has control of the Medical Facility and is responsible for the care and custody of people confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 8. The Medical Facility [6100 - 6106] ( Chapter 8 added by Stats. 1945, Ch. 1491. ) ## 6106. The supervision, management, and control of the Medical Facility and the responsibility for the care, custody, treatment, training, discipline and employment of persons confined therein are vested in the Director of Corrections. The provisions of Part 3 (commencing with Section 2000) apply to the institution as a prison under the jurisdiction of the Department of Corrections and to the persons confined therein insofar as those provisions may be applicable. (Amended by Stats. 1987, Ch. 828, Sec. 164.)
  73. 6125.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    This section creates an independent Office of the Inspector General and says the Governor must appoint the Inspector General, with Senate confirmation, to a six-year term.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6125. There is hereby created the independent Office of the Inspector General which shall not be a subdivision of any other governmental entity. The Governor shall appoint, subject to confirmation by the Senate, the Inspector General to a six-year term. The Inspector General may not be removed from office during that term, except for good cause. (Amended by Stats. 2009, Ch. 35, Sec. 13. (SB 174) Effective January 1, 2010.)
  74. 6126.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Inspector General must oversee, audit, review, report on, and monitor specified Department of Corrections and Rehabilitation 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6126. (a) The Inspector General shall be responsible for contemporaneous oversight of internal affairs investigations and the disciplinary process of the Department of Corrections and Rehabilitation, pursuant to Section 6133 under policies to be developed by the Inspector General. (b) When requested by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly, the Inspector General shall initiate an audit or review of policies, practices, and procedures of the department. The Inspector General may, under policies developed by the Inspector General, initiate an audit or review on the Inspector General’s own accord. Following a completed audit or review, the Inspector General may perform a follow-up audit or review to determine what measures the department implemented to address the Inspector General’s findings and to assess the effectiveness of those measures. (c) (1) Upon completion of an audit or review pursuant to subdivision (b), the Inspector General shall prepare a complete written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Inspector General deems appropriate, to the Department of Corrections and Rehabilitation and to the requesting entity in subdivision (b), where applicable. (2) The Inspector General shall also prepare a public report. When necessary, the public report shall differ from the complete written report in the respect that the Inspector General shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. Copies of public reports shall be posted on the Office of the Inspector General’s internet website. (d) The Inspector General shall, during the course of an audit or review, identify areas of full and partial compliance, or noncompliance, with departmental policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Inspector General deems appropriate. (e) The Inspector General, pursuant to Section 6126.6, shall review the Governor’s candidates for appointment to serve as warden for the state’s adult correctional institutions and as superintendents for the state’s juvenile facilities. (f) The Inspector General shall conduct an objective, clinically appropriate, and metric-oriented medical inspection program to periodically review delivery of medical care at each state prison. (g) The Inspector General shall, in consultation with the Department of Finance, develop a methodology for producing a workload budget to be used for annually adjusting the budget of the Office of the Inspector General, beginning with the budget for the 2005–06 fiscal year. (h) The Inspector General shall provide contemporaneous oversight of grievances that fall within the department’s process for reviewing and investigating inmate allegations of staff misconduct and other specialty grievances, examining compliance with regulations, department policy, and best practices. This contemporaneous oversight shall be completed within the Inspector General’s budget excluding resources that, beginning in the Budget Act of 2019, were provided to restore the Inspector General’s ability to initiate an audit or review pursuant to subdivision (a). The contemporaneous oversight shall be completed in a way that does not unnecessarily slow the department’s review and investigation of inmate allegations of staff misconduct and other specialty grievances. The Inspector General shall issue reports annually, beginning in 2021. (i) The Inspector General shall monitor the department’s process for reviewing uses of force and shall issue reports annually. (Amended by Stats. 2025, Ch. 10, Sec. 17. (AB 134) Effective June 27, 2025.)
  75. 6126.2.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Inspector General must not hire someone known to be a suspect or subject in an investigation by a federal, state, or local agency.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6126.2. The Inspector General shall not hire any person known to be considered a suspect or subject in an investigation being conducted by any federal, state, or local agency. (Amended by Stats. 2019, Ch. 364, Sec. 13. (SB 112) Effective September 27, 2019.)
  76. 6126.3.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Inspector General must keep certain work papers and records filed at its offices, and must not destroy papers or memoranda used to support a completed review for three years after a report is released.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6126.3. (a) The Inspector General shall not destroy any papers or memoranda used to support a completed review within three years after a report is released. (b) Except as provided in subdivision (c), all books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall be filed at any of the regularly maintained offices of the Inspector General. (c) The following books, papers, records, and correspondence of the Office of the Inspector General pertaining to its work are not public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, nor shall they be subject to discovery pursuant to any provision of Title 3 (commencing with Section 1985) of Part 4 of the Code of Civil Procedure or Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of Title 2 of the Government Code in any manner: (1) All reports, papers, correspondence, memoranda, electronic communications, or other documents that are otherwise exempt from disclosure pursuant to the provisions of subdivision (d) of Section 6126.5, Section 6126.6, subdivision (c) of Section 6128, subdivision (c) of Section 6126, or all other applicable laws regarding confidentiality, including, but not limited to, the California Public Records Act, the Public Safety Officers’ Procedural Bill of Rights, the Information Practices Act of 1977, the Confidentiality of Medical Information Act of 1977, and the provisions of Section 832.7, relating to the disposition notification for complaints against peace officers. (2) Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to any audit or review that has not been completed. (3) Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to internal discussions between the Inspector General and the Inspector General’s staff, or between staff members of the Inspector General, or any personal notes of the Inspector General or the Inspector General’s staff. (4) All identifying information, and any personal papers or correspondence from any person requesting assistance from the Inspector General, except in those cases where the Inspector General determines that disclosure of the information is necessary in the interests of justice. (5) Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to contemporaneous public oversight pursuant to Section 6133 or subdivision (h) or (i) of Section 6126. (Amended by Stats. 2025, Ch. 10, Sec. 18. (AB 134) Effective June 27, 2025.)
  77. 6126.4.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Inspector General, current or former employees, and several related people must not disclose protected records, documents, or information to unauthorized persons unless disclosure is expressly allowed 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6126.4. It is a misdemeanor for the Inspector General or any employee or former employee of the Inspector General to divulge or make known in any manner not expressly permitted by law to any person not employed by the Inspector General any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition is also applicable to any person who has been furnished a draft copy of any report for comment or review or any person or business entity that is contracting with or has contracted with the Inspector General and to the employees and former employees of that person or business entity or the employees of any state agency or public entity that has assisted the Inspector General in connection with duties authorized by this chapter. (Amended by Stats. 2011, Ch. 36, Sec. 40. (SB 92) Effective June 30, 2011.)
  78. 6126.5.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Inspector General may access, examine, and copy certain records and property, and may require confidential interviews. Covered officers, employees, and the appointing authority must cooperate, and refusal can be a misdemeanor.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6126.5. (a) Notwithstanding any other law, the Inspector General during regular business hours or at any other time determined necessary by the Inspector General, shall have access to and authority to examine and reproduce any and all books, accounts, reports, vouchers, correspondence files, documents, and other records, and to examine the bank accounts, money, or other property of the Department of Corrections and Rehabilitation in connection with duties authorized by this chapter. Any officer or employee of any agency or entity having these records or property in their possession or under their control shall permit access to, and examination and reproduction thereof consistent with the provisions of this section, upon the request of the Inspector General or the Inspector General’s authorized representative. (b) In connection with duties authorized by this chapter, the Inspector General or the Inspector General’s authorized representative shall have access to the records and property of any public or private entity or person subject to review or regulation by the public agency or public entity to the same extent that employees or officers of that agency or public entity have access. No provision of law, memorandum of understanding, or any other agreement entered into between the employing entity and the employee or the employee’s representative providing for the confidentiality or privilege of any records or property shall prevent disclosure pursuant to subdivision (a). Access, examination, and reproduction consistent with the provisions of this section shall not result in the waiver of any confidentiality or privilege regarding any records or property. (c) Any officer or person who fails or refuses to permit access, examination, or reproduction, as required by this section, is guilty of a misdemeanor. (d) The Inspector General may require any employee of the Department of Corrections and Rehabilitation to be interviewed on a confidential basis. Any employee requested to be interviewed shall comply and shall have time afforded by the appointing authority for the purpose of an interview with the Inspector General or the Inspector General’s designee. The Inspector General shall have the discretion to redact the name or other identifying information of any person interviewed from any public report issued by the Inspector General, where required by law or where the failure to redact the information may hinder prosecution or an action in a criminal, civil, or administrative proceeding, or where the Inspector General determines that disclosure of the information is not in the interests of justice. It is not the purpose of these communications to address disciplinary action or grievance procedures that may routinely occur. When conducting an investigation into allegations that an employee of the Department of Corrections and Rehabilitation engaged in misconduct, the Inspector General shall comply with Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code, except that the Inspector General shall not be subject to the provisions of any memorandum of understanding or other agreement entered into between the employing entity and the employee or the employee’s representative that is in conflict with, or adds to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code. (Amended by Stats. 2019, Ch. 364, Sec. 15. (SB 112) Effective September 27, 2019.)
  79. 6126.6.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    Before appointing a warden or superintendent, the Governor must submit candidate names to the Inspector General for review, and appointment cannot happen until the review is given or 90 days pass. The Inspector General must evaluate candidates confidentially, advise the Governor, and keep certain communications 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6126.6. (a) Prior to filling a vacancy for warden by appointment pursuant to Section 6050, or superintendent pursuant to Section 1049 of the Welfare and Institutions Code, the Governor shall first submit to the Inspector General the names of candidates for the position of warden or superintendent for review of their qualifications. (b) (1) Upon receipt of the names of those candidates and their completed personal data questionnaires, the Inspector General shall employ appropriate confidential procedures to evaluate and determine the qualifications of each candidate with regard to his or her ability to discharge the duties of the office to which the appointment or nomination is made. (2) Within 90 days of submission by the Governor of those names, the Inspector General shall advise in confidence to the Governor his or her recommendation whether the candidate is exceptionally well-qualified, well-qualified, qualified, or not qualified and the reasons therefore, and may report, in confidence, any other information that the Inspector General deems pertinent to the qualifications of the candidate. (c) In reviewing the qualifications of a candidate for the position of warden or superintendent, the Inspector General shall consider, among other appropriate factors, his or her experience in effectively managing correctional facilities and inmate or ward populations; ability to deal effectively with employees, detained persons and other interested persons in addressing management, confinement, and safety issues in an effective, fair, and professional manner; and knowledge of correctional best practices. (d) The Inspector General shall establish and adopt rules and procedures regarding the review of the qualifications of candidates for the position of warden or superintendent. Those rules and procedures shall establish appropriate, confidential methods for disclosing to the candidate the subject matter of substantial and credible adverse allegations received regarding the candidate’s reputation and integrity which, unless rebutted, would be determinative of the candidate’s unsuitability for appointment. A rule or procedure shall not be adopted that permits the disclosure to the candidate of information from which the candidate may infer the source, and information shall neither be disclosed to the candidate nor be obtainable by any process that would jeopardize the confidentiality of communications from persons whose opinion has been sought on the candidate’s qualifications. (e) All communications, written, verbal, or otherwise, of and to the Governor, the Governor’s authorized agents or employees, including, but not limited to, the Governor’s Legal Affairs Secretary and Appointments Secretary, or of and to the Inspector General in furtherance of the purposes of this section are absolutely privileged from disclosure and confidential, and any communication made in the discretion of the Governor or the Inspector General with a candidate or person providing information in furtherance of the purposes of this section shall not constitute a waiver of the privilege or a breach of confidentiality. (f) When the Governor has appointed a person to the position of warden or superintendent who has been found not qualified by the Inspector General, the Inspector General shall make public that finding, after due notice to the appointee of his or her intention to do so. That notice and disclosure shall not constitute a waiver of privilege or breach of confidentiality with respect to communications of or to the Inspector General concerning the qualifications of the appointee. (g) A person or entity shall not be liable for any injury caused by any act or failure to act, be it negligent, intentional, discretionary, or otherwise, in the furtherance of the purposes of this section, including, but not limited to, providing or receiving any information, making any recommendations, and giving any reasons therefore. (h) As used in this section, the term “Inspector General” includes employees and agents of the Office of the Inspector General. (i) At any time prior to the receipt of the review from the Inspector General specified in subdivision (b), the Governor may withdraw the name of any person submitted to the Inspector General for evaluation pursuant to this section. (j) No candidate for the position of warden or superintendent may be appointed until the Inspector General has advised the Governor pursuant to this section, or until 90 days have elapsed after submission of the candidate’s name to the Inspector General, whichever occurs earlier. The requirement of this subdivision shall not apply to any vacancy in the position of warden or superintendent occurring within the 90 days preceding the expiration of the Governor’s term of office, provided, however, that with respect to those vacancies, the Governor shall be required to submit any candidate’s name to the Inspector General in order to provide him or her an opportunity, if time permits, to review and make a report. (k) This section shall not be construed as imposing an additional requirement for an appointment or nomination to the position of warden or superintendent, nor shall anything in this section be construed as adding any additional qualifications for the position of warden or superintendent. (Amended by Stats. 2013, Ch. 30, Sec. 10. (SB 74) Effective June 27, 2013.)
  80. 6127.1.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Inspector General is treated as a department head for a Government Code section, and may hire or retain counsel for confidential advice or to represent the Inspector General if the Attorney General has a conflict of interest.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6127.1. The Inspector General shall be deemed to be a department head for the purpose of Section 11189 of the Government Code in connection with any duties authorized by this chapter. The Inspector General shall have authority to hire or retain counsel to provide confidential advice. If the Attorney General has a conflict of interest in representing the Inspector General in any litigation, the Inspector General shall have authority to hire or retain counsel to represent the Inspector General. (Amended by Stats. 2011, Ch. 36, Sec. 42. (SB 92) Effective June 30, 2011.)
  81. 6127.3.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Office of the Inspector General may administer oaths, certify official acts, and issue subpoenas connected to its chapter-authorized 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6127.3. (a) In connection with duties authorized pursuant to this chapter, the Office of the Inspector General may do any of the following: (1) Administer oaths. (2) Certify to all official acts. (3) Issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, or documents in any medium, or for the making of oral or written sworn statements, in any interview conducted pursuant to duties authorized by this chapter. (b) Any subpoena issued under this chapter extends as process to all parts of the state and may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the office. The person serving this process may receive compensation as is allowed by the office, not to exceed the fees prescribed by law for similar service. (Amended by Stats. 2011, Ch. 36, Sec. 43. (SB 92) Effective June 30, 2011.)
  82. 6127.4.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    This section lets the Inspector General seek court orders to enforce subpoenas, and lets the superior court compel witness attendance, testimony, and document production.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6127.4. (a) The superior court in the county in which any interview is held under the direction of the Inspector General, or his or her designee, pursuant to duties authorized by this chapter has jurisdiction to compel the attendance of witnesses, the making of oral or written sworn statements, and the production of papers, books, accounts, and documents, as required by any subpoena issued by the office. (b) If any witness refuses to attend or testify or produce any papers required by the subpoena, the Inspector General, or his or her designee, may petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and answer questions under penalty of perjury or produce the papers required by the subpoena before the person named in the subpoena. The petition shall set forth all of the following: (1) That due notice of the time and place of attendance of the person or the production of the papers has been given. (2) That the person has been subpoenaed in the manner prescribed in this chapter. (3) That the person has failed and refused to attend or produce the papers required by subpoena before the office as named in the subpoena, or has refused to answer questions propounded to him or her in the course of the interview under penalty of perjury. (c) Upon the filing of the petition, the court shall enter an order directing the person to appear before the court at a specified time and place and then and there show cause why he or she has not attended, answered questions under penalty of perjury, or produced the papers as required. A copy of the order shall be served upon him or her. If it appears to the court that the subpoena was regularly issued by the Inspector General, or his or her designee, the court shall enter an order that the person appear before the person named in the subpoena at the time and place fixed in the order and answer questions under penalty of perjury or produce the required papers. Upon failure to obey the order, the person shall be dealt with as for contempt of court. (Amended by Stats. 2011, Ch. 36, Sec. 44. (SB 92) Effective June 30, 2011.)
  83. 6128.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    The Inspector General may receive reports about possible improper governmental activity and must set up and publicize a toll-free phone line 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6128. (a) The Office of the Inspector General may receive communications from any individual, including those employed by any department, board, or authority who believes he or she may have information that may describe an improper governmental activity, as that term is defined in subdivision (c) of Section 8547.2 of the Government Code. It is not the purpose of these communications to redress any single disciplinary action or grievance that may routinely occur. (b) In order to properly respond to any allegation of improper governmental activity, the Inspector General shall establish a toll-free public telephone number for the purpose of identifying any alleged wrongdoing by an employee of the Department of Corrections and Rehabilitation. This telephone number shall be posted by the department in clear view of all employees and the public. When requested pursuant to Section 6126, the Inspector General shall initiate a review of any alleged improper governmental activity. (c) All identifying information, and any personal papers or correspondence from any person who initiated the review shall not be disclosed, except in those cases where the Inspector General determines that disclosure of the information is necessary in the interests of justice. (Amended by Stats. 2011, Ch. 36, Sec. 45. (SB 92) Effective June 30, 2011.)
  84. 6129.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

    Verify source ↗

    This section requires the Inspector General to investigate retaliation complaints and requires discipline for employees who retaliate.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6129. (a) (1) For purposes of this section, “employee” means any person employed by the Department of Corrections and Rehabilitation. (2) For purposes of this section, “retaliation” means intentionally engaging in acts of reprisal, retaliation, threats, coercion, or similar acts against another employee who has done any of the following: (A) Has disclosed or is disclosing to any employee at a supervisory or managerial level, what the employee, in good faith, believes to be improper governmental activities. (B) Has cooperated or is cooperating with any investigation of improper governmental activities. (C) Has refused to obey an illegal order or directive. (b) (1) Upon receiving a complaint of retaliation from an employee against a member of management at the Department of Corrections and Rehabilitation, the Inspector General shall commence an inquiry into the complaint and conduct a formal investigation where a legally cognizable cause of action is presented. All investigations conducted pursuant to this section shall be performed in accordance with Sections 6126.5 and 6127.3. The Inspector General may refer all other matters for investigation by the appropriate employing entity, subject to oversight by the Inspector General. In a case in which the employing entity declines to investigate the complaint, it shall, within 30 days of receipt of the referral by the Inspector General, notify the Inspector General of its decision. The Inspector General shall thereafter, conduct his or her own inquiry into the complaint. If, after reviewing the complaint, the Inspector General determines that a legally cognizable cause of action has not been presented by the complaint, the Inspector General shall thereafter notify the complaining employee and the State Personnel Board that a formal investigation is not warranted. (2) When investigating a complaint, in determining whether retaliation has occurred, the Inspector General or the employing entity shall consider, among other things, whether any of the following either actually occurred or were threatened: (A) Unwarranted or unjustified staff changes. (B) Unwarranted or unjustified letters of reprimand or other disciplinary actions, or unsatisfactory evaluations. (C) Unwarranted or unjustified formal or informal investigations. (D) Engaging in acts, or encouraging or permitting other employees to engage in acts, that are unprofessional, or foster a hostile work environment. (E) Engaging in acts, or encouraging or permitting other employees to engage in acts, that are contrary to the rules, regulations, or policies of the workplace. (3) In a case in which the complaining employee has also filed a retaliation complaint with the State Personnel Board pursuant to Sections 8547.8 and 19683 of the Government Code, the State Personnel Board shall have the discretion to toll any investigation, hearing, or other proceeding that would otherwise be conducted by the State Personnel Board in response to that complaint, pending either the completion of the Inspector General’s or the employing entity’s investigation, or until the complaint is rejected or otherwise dismissed by the Inspector General or the employing entity. An employee, however, may not be required to first file a retaliation complaint with the Inspector General prior to filing a complaint with the State Personnel Board. (A) In a case in which the complaining employee has filed a retaliation complaint with the Inspector General but not with the State Personnel Board, the limitation period for filing a retaliation complaint with the State Personnel Board shall be tolled until the time the Inspector General or the employing entity either issues its report to the State Personnel Board, or until the complaint is rejected or otherwise dismissed by the Inspector General or the employing entity. (B) In order to facilitate coordination of efforts between the Inspector General and the State Personnel Board, the Inspector General shall notify the State Personnel Board of the identity of any employee who has filed a retaliation complaint with the Inspector General, and the State Personnel Board shall notify the Inspector General of the identity of any employee who has filed a retaliation complaint with the State Personnel Board. (c) (1) In a case in which the Inspector General determines, as a result of his or her own investigation, that an employee has been subjected to acts of reprisal, retaliation, threats, or similar acts in violation of this section, the Inspector General shall provide a copy of the report, together with all other underlying materials the Inspector General determines to be relevant, to the appropriate director or chair who shall take appropriate corrective action. In a case in which the Inspector General determines, based on an independent review of the investigation conducted by the employing entity, that an employee has been subjected to acts of reprisal, retaliation, threats, or similar acts in violation of this section, the Inspector General shall submit a written recommendation to the appropriate director or chair who shall take appropriate corrective action. If the hiring authority initiates disciplinary action as defined in Section 19570 of the Government Code, it shall provide the subject with all materials required by law. (2) Any employee at any rank and file, supervisory, or managerial level, who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against another employee, pursuant to paragraph (2) of subdivision (a), shall be disciplined by the employing entity by adverse action as provided in Section 19572 of the Government Code. The disciplinary action shall require, at a minimum, a suspension for not less than 30 days without pay, except in a case in which the employing entity determines that a lesser penalty is warranted. In that case, the employing entity shall, within 30 days of receipt of the report, provide written justification for that decision to the Inspector General. The employing entity shall also, within 30 days of receipt of the written report, notify the Inspector General in writing as to what steps, if any, it has taken to remedy the retaliatory conduct found to have been committed by any of its employees. (d) (1) In an instance in which the appropriate director or chair declines to take adverse action against any employee found by the Inspector General to have engaged in acts of reprisal, retaliation, threats, or similar acts in violation of this section, the director or chair shall notify the Inspector General of that fact in writing within 30 days of receipt of the report from the Inspector General, and shall notify the Inspector General of the specific reasons why the director or chair declined to invoke adverse action proceedings against the employee. (2) The Inspector General shall, thereafter, with the written consent of the complaining employee, forward an unredacted copy of the report, together with all other underlying materials the Inspector General deems to be relevant, to the State Personnel Board so that the complaining employee can request leave to file charges against the employee found to have engaged in acts of reprisal, retaliation, threats, or similar acts, in accordance with the provisions of Section 19583.5 of the Government Code. If the State Personnel Board accepts the complaint, the board shall provide the charged and complaining parties with a copy of all relevant materials. (3) In addition to all other penalties provided by law, including Section 8547.8 of the Government Code or any other penalties that the sanctioning authority may determine to be appropriate, any state employee at any rank and file, supervisory, or managerial level found by the State Personnel Board to have intentionally engaged in acts of reprisal, retaliation, threats, or coercion shall be suspended for not less than 30 days without pay, and shall be liable in an action for damages brought against him or her by the injured party. If the State Personnel Board determines that a lesser period of suspension is warranted, the reasons for that determination must be justified in writing in the decision. (e) Nothing in this section shall prohibit the employing entity from exercising its authority to terminate, suspend, or discipline an employee who engages in conduct prohibited by this section. (Amended by Stats. 2013, Ch. 30, Sec. 11. (SB 74) Effective June 27, 2013.)
  85. 6130.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

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    The Office of the Inspector General must post the disapproved-publications list online, and the Department of Corrections and Rehabilitation must tell it whenever that list changes.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6130. (a) (1) The Office of the Inspector General shall post the Centralized List of Disapproved Publications maintained by the Department of Corrections and Rehabilitation on its internet website. The Department of Corrections and Rehabilitation shall notify the Office of the Inspector General each time a change is made to the Centralized List of Disapproved Publications. (2) The Centralized List of Disapproved Publications shall include, but not be limited to, all of the following information about each prohibited publication on the list: (A) The title. (B) The author. (C) The publisher. (D) The year of publication, to the extent available. (E) The stated violation of department regulations that caused the publication to be prohibited. (b) Upon a request by an incarcerated person, publisher, or other affected person, the Office of the Inspector General may review a publication on the Centralized List of Disapproved Publications to determine if the office concurs with the department’s determination that the publication is in violation of department regulations. The office shall notify the department if the office does not concur with the department’s determination that a publication that the office has reviewed pursuant to this subdivision is in violation of the department’s regulations. (c) For purposes of this section, “publication” means any newspaper, periodical, magazine, or book that can be mailed through the United States Postal Service. (Added by Stats. 2024, Ch. 620, Sec. 1. (AB 1986) Effective January 1, 2025.)
  86. 6132.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

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    The Inspector General must file an annual summary report with the Governor and Legislature, post it on the office website, and make it public when released.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6132. (a) (1) Notwithstanding Section 10231.5 of the Government Code, the Inspector General shall report annually to the Governor and the Legislature a summary of its reports. The summary shall be posted on the office’s internet website and otherwise made available to the public upon its release to the Governor and the Legislature. The summary shall include, but not be limited to, significant problems discovered by the office, and whether recommendations the office has made have been implemented. (2) The report shall also include a summary of the determinations that the Office of the Inspector General made regarding each publication the office reviewed pursuant to Section 6130 and the Department of Corrections and Rehabilitation’s response to each notification that the office issued indicating that the office did not concur with the department’s determination that a publication is in violation of the department’s regulations. (b) A report pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 620, Sec. 2. (AB 1986) Effective January 1, 2025.)
  87. 6133.

    ## 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 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. )

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    The Office of the Inspector General must oversee certain Department of Corrections and Rehabilitation investigations, report publicly, and share investigation reports and evidence with the appropriate hiring authority.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 8.2. Office of the Inspector General [6125 - 6133] ( Chapter 8.2 added by Stats. 1994, Ch. 766, Sec. 1. ) ## 6133. (a) (1) The Office of the Inspector General shall be responsible for contemporaneous public oversight of the Department of Corrections and Rehabilitation investigations and staff grievance inquiries conducted by the Department of Corrections and Rehabilitation’s Office of Internal Affairs. (2) To facilitate oversight of the department’s internal affairs investigations, the Office of the Inspector General shall have staff physically colocated with the Department of Corrections and Rehabilitation’s Office of Internal Affairs, within a reasonable timeframe and without undue delays. (3) The Office of the Inspector General shall be responsible for advising the public regarding the adequacy of each investigation and whether discipline of the subject of the investigation is warranted. (4) The Office of the Inspector General shall have discretion to provide public oversight of other Department of Corrections and Rehabilitation personnel investigations, as needed. (5) The Office of the Inspector General shall have investigatory authority over all staff misconduct cases that involve sexual misconduct with an incarcerated person as set forth in paragraph (7). (6) The Office of the Inspector General may monitor and investigate a complaint that involves sexual misconduct with an incarcerated person as set forth in paragraph (7). (7) (A) The Office of the Inspector General may exercise its investigatory authority in both of the following situations: (i) The Office of the Inspector General may perform a full investigation into a complaint that involves sexual misconduct that the Department of Corrections and Rehabilitation has not opened for investigation. (ii) During an investigation being performed by the Department of Corrections and Rehabilitation, if the Office of the Inspector General determines the department is not performing an adequate investigation, the Office of the Inspector General may perform the supplemental investigative measures it deems necessary to ensure the investigation is performed adequately, including, but not limited to, interviewing subjects and witnesses, reviewing and gathering records, and collecting evidence. (B) The Office of the Inspector General shall not exercise its investigative authority in a manner that duplicates investigative efforts or interferes with an ongoing investigation being performed by the Department of Corrections and Rehabilitation. (8) (A) Upon completion of an investigation pursuant to this subdivision, the Office of the Inspector General shall compile an investigation report and provide a copy of the report, together with all underlying evidence gathered during the investigation, to the appropriate hiring authority within the Department of Corrections and Rehabilitation. (B) The Office of the Inspector General shall monitor the actions the hiring authority takes after receiving the investigation report and report the results of its monitoring in accordance with subdivision (b). (b) (1) The Office of the Inspector General shall issue regular reports, no less than annually, to the Governor and the Legislature summarizing its recommendations concerning its oversight of the Department of Corrections and Rehabilitation allegations of internal misconduct and use of force. The Office of the Inspector General shall also issue regular reports, no less than semiannually, summarizing its oversight of Office of Internal Affairs investigations pursuant to subdivision (a). The reports shall include, but not be limited to, all of the following: (A) Data on the number, type, and disposition of complaints made against correctional officers and staff. (B) A synopsis of each matter reviewed by the Office of the Inspector General. (C) An assessment of the quality of the investigation, the appropriateness of any disciplinary charges, the Office of the Inspector General’s recommendations regarding the disposition in the case and, when founded, the level of discipline afforded, and the degree to which the agency’s authorities agreed with the Office of the Inspector General recommendations regarding disposition and level of discipline. (D) The report of any settlement and whether the Office of the Inspector General concurred with the settlement. (E) The extent to which any discipline was modified after imposition. (2) The reports shall be in a form that does not identify the agency employees involved in the alleged misconduct. (3) The reports shall be posted on the Inspector General’s internet website and otherwise made available to the public upon their release to the Governor and the Legislature. (Amended by Stats. 2024, Ch. 1012, Sec. 1. (SB 1069) Effective January 1, 2025.)
  88. 615.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person commits a misdemeanor if they willfully injure, deface, or remove certain Coast Survey signals, monuments, buildings, or related appurtenances.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 615. Every person who willfully injures, defaces, or removes any signal, monument, building, or appurtenance thereto, placed, erected, or used by persons engaged in the United States Coast Survey, is guilty of a misdemeanor. (Enacted 1872.)
  89. 616.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person must not intentionally deface, obliterate, tear down, or destroy certain posted laws or notices before their posting time ends.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 616. Every person who intentionally defaces, obliterates, tears down, or destroys any copy or transcript, or extract from or of any law of the United States or of this State, or any proclamation, advertisement, or notification set up at any place in this State, by authority of any law of the United States or of this State, or by order of any Court, before the expiration of the time for which the same was to remain set up, is punishable by fine not less than twenty nor more than one hundred dollars, or by imprisonment in the County Jail not more than one month. (Enacted 1872.)
  90. 617.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who maliciously destroys or defaces certain written instruments belonging to another person is punishable by imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 617. Every person who maliciously mutilates, tears, defaces, obliterates, or destroys any written instrument, the property of another, the false making of which would be forgery, is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 417. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  91. 618.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not willfully open or read, or cause to be read, a sealed letter not addressed to them without authorization, and may not publish its contents knowing it was unlawfully opened.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 618. Every person who willfully opens or reads, or causes to be read, any sealed letter not addressed to himself, without being authorized so to do, either by the writer of such letter or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such letter, knowing the same to have been unlawfully opened, is guilty of a misdemeanor. (Enacted 1872.)
  92. 620.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who willfully changes the meaning of a telegraphic or telephonic message and injures another person can be punished by jail, imprisonment, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 620. Every person who willfully alters the purport, effect, or meaning of a telegraphic or telephonic message to the injury of another, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 418. (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.)
  93. 6200.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

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    This section establishes three conservation centers and places them under the jurisdiction of the Director 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6200. There are hereby established, under the jurisdiction of the Director of Corrections, the Sierra Conservation Center, the North Coast Conservation Center and the Southern Conservation Center, hereafter referred to collectively as the “conservation centers.” (Amended by Stats. 1977, Ch. 909.)
  94. 6201.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

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    Conservation centers are to be used mainly for receiving, employing, caring for, holding, and educating assigned inmates in the custody of the Director 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6201. The primary purpose of the conservation centers shall be the receiving, employment, care, custody and education of inmates in the custody of the Director of Corrections assigned thereto. (Amended by Stats. 1963, Ch. 1431.)
  95. 6202.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

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    Inmates and wards may be assigned to public conservation projects, the Secretary may contract for conservation projects, and productive industrial enterprises at conservation centers are barred unless Chapter 3.5 is followed.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6202. (a) Work of inmates assigned to the conservation centers may be performed at the conservation centers or branches thereof or in or from permanent, temporary, and mobile camps established pursuant to this chapter or pursuant to Article 5 (commencing with Section 2780) of Chapter 5 of Title 1 of Part 3. The provisions of Sections 2780.1 to 2786, inclusive, and Sections 2788 to 2791, inclusive, are applicable to camps established pursuant to this article as well as those established pursuant to that Article 5. The Secretary of the Department of Corrections and Rehabilitation may, at such times as the secretary deems proper and on such terms as the secretary deems wise, enter into contracts or cooperative agreements with any public agency, local, state, or federal, for the performance of other conservation projects that are appropriate for the public agencies under policies which shall be established by the California Correctional Training and Rehabilitation Authority. (b) Inmates and wards may be assigned to perform public conservation projects, including, but not limited to, forest fire prevention and control, forest and watershed management, recreational area development, fish and game management, soil conservation, and forest watershed revegetation. (c) No productive industrial enterprise subject to the jurisdiction of the California Correctional Training and Rehabilitation Authority shall be established at any center or branch thereof or camp established pursuant to this chapter except in compliance with Chapter 3.5 (commencing with Section 5085) of Title 7 of Part 3. (Amended by Stats. 2025, Ch. 241, Sec. 52. (SB 857) Effective January 1, 2026.)
  96. 6203.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

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    The Director of Corrections must build and equip suitable facilities for conservation centers and related camps, and may lease needed equipment and create necessary branches.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6203. The Director of Corrections shall, in accordance with law, construct and provide equipment for suitable buildings, structures, and facilities for the conservation centers, branches thereof, and permanent, temporary, and mobile camps operated therefrom. The director may, as necessary, lease equipment needed for the operation of mobile camps. The Sierra Conservation Center shall be located in the Tuolumne area of California. The North Coast Conservation Center shall be located in the North Coast area of California. The Southern Conservation Center shall be located on the grounds of the California Institution for Men at Chino. The director may establish such branches of the conservation centers as may be necessary. (Amended by Stats. 1977, Ch. 909.)
  97. 6204.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

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    The Director of Corrections must make rules and regulations for how conservation centers are governed and managed.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6204. The Director of Corrections shall make rules and regulations for the government of the conservation centers in the management of their affairs. (Amended by Stats. 1963, Ch. 1431.)
  98. 6205.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

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    Each conservation center must have a warden, and the Director of Corrections must appoint any additional necessary officers and employees, subject to civil service.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6205. Each conservation center shall be headed by a warden, appointed pursuant to Section 6050, and the Director of Corrections shall appoint, subject to civil service, other officers and employees as may be necessary. (Amended by Stats. 1989, Ch. 1420, Sec. 24.)
  99. 6206.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

    Verify source ↗

    The Director of Corrections is given supervision, management, and control of conservation centers, including responsibility for people confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6206. The supervision, management, and control of the conservation centers and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein or in branches thereof or in permanent, temporary, and mobile camps operating therefrom are vested in the Director of Corrections. (Amended by Stats. 1963, Ch. 1431.)
  100. 6207.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

    Verify source ↗

    Part 3 provisions apply, as far as applicable, to conservation centers, related camps, and the persons confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6207. The provisions of Part 3 (commencing with Section 2000), insofar as applicable, apply to the conservation centers and branches thereof and any permanent, temporary, and mobile camps operating therefrom and to the persons confined therein. (Amended by Stats. 1987, Ch. 828, Sec. 165.)
  101. 6208.

    ## 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 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. )

    Verify source ↗

    People in the custody of the Director of Corrections may be transferred to conservation centers if the transfer complies with law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9. Conservation Centers [6200 - 6208] ( Heading of Chapter 9 amended by Stats. 1963, Ch. 1431. ) ## 6208. Any persons under the custody of the Director of Corrections may be transferred to the conservation centers in accordance with law. (Amended by Stats. 1963, Ch. 1431.)
  102. 621.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    It is a crime to maliciously damage or remove a law enforcement memorial or firefighter’s memorial, and the punishment can be state prison or county jail time under the cited sentencing rule.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 621. (a) Every person who maliciously destroys, cuts, breaks, mutilates, effaces, or otherwise injures, tears down, or removes any law enforcement memorial or firefighter’s memorial is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for less than one year. (b) This section does not preclude prosecution under any other provision of law, including Section 1318 of the Military and Veterans Code. (Amended by Stats. 2018, Ch. 549, Sec. 1. (AB 2801) Effective January 1, 2019.)
  103. 622.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    A non-owner who willfully damages, defaces, or destroys certain monuments, works of art, improvements, trees, or ornamental plants in a village, town, or city commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 622. Every person, not the owner thereof, who willfully injures, disfigures, or destroys any monument, work of art, or useful or ornamental improvement within the limits of any village, town, or city, or any shade tree or ornamental plant growing therein, whether situated upon private ground or on any street, sidewalk, or public park or place, is guilty of a misdemeanor. (Enacted 1872.)
  104. 6220.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    The Director of Corrections may establish and operate restitution centers.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6220. The Director of Corrections may establish and operate facilities to be known as restitution centers. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  105. 6221.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    Restitution centers are intended to help people sentenced to prison pay victim restitution, and inmates with direct-victim crimes get priority placement.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6221. The purpose of restitution centers is to provide a means for those sentenced to prison to be able to pay their victims’ financial restitution, which includes direct restitution to victims as well as other restitution fines and fees, as ordered by the sentencing court or as agreed upon by the defendant and his or her victims. Inmates who commit crimes involving a direct victim shall receive priority placement in restitution centers. (Amended by Stats. 2010, Ch. 463, Sec. 2. (AB 2218) Effective January 1, 2011.)
  106. 6222.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    The Director of Corrections determines where restitution center(s) will be located, but only with approval from the county board of supervisors or city council in the jurisdiction where the center will be located.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6222. The location for a restitution center or centers shall be determined by the Director of Corrections with approval from the county board of supervisors or city council in whose jurisdiction the center will be located. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  107. 6223.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    Restitution centers must be located where they will maximize job opportunities for people sentenced to 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6223. Restitution centers shall be located in areas which will maximize the employment opportunities of persons sentenced to the centers. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  108. 6224.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    The Director of Corrections has authority over restitution centers and over the care, custody, discipline, and employment of people confined there.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6224. The supervision, management, and control of the restitution centers and the responsibility for the care, custody, discipline, and employment of persons confined therein are vested in the Director of Corrections. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  109. 6224.5.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    The Director of Corrections may place certain inmates together in the same facility 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6224.5. The Director of Corrections may commingle inmates who have been assigned to a restitution center pursuant to Section 6227 with inmates who are in transit for community correctional reentry center placement. (Added by Stats. 2000, Ch. 249, Sec. 1. Effective January 1, 2001.)
  110. 6225.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    Restitution centers may be supervised by contract with private corporations or by Department of Corrections peace officers, but a state vendor contract must include a Department peace officer for daily oversight and liaison 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6225. Supervision of inmates in the restitution centers may be by contract with private nonprofit or profit corporations, or by peace officer personnel of the Department of Corrections on a 24-hour basis. As a condition to any contract awarded by the state to a vendor for restitution center operations, a peace officer from the Department of Corrections shall be assigned to the site to provide daily oversight and guidance of custody and security activities. The peace officer also shall be the liaison between the vendor and the department. If the supervision is by a private entity, the per inmate cost of operating these facilities under contract shall be less than the per inmate cost of maintaining custody of inmates by the department. (Amended by Stats. 1995, Ch. 372, Sec. 5. Effective January 1, 1996.)
  111. 6226.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    When establishing a restitution center, the Director of Corrections must make an agreement with the local county, city, or city and county to reimburse any extra direct law enforcement costs caused by the center.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6226. The Director of Corrections in establishing a restitution center shall enter into an agreement with the county, city, or city and county in which the facility is located to reimburse the county, city, or city and county for any additional direct law enforcement costs that will occur as a result of the restitution center. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  112. 6227.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    The court may order the Department of Corrections to place an eligible defendant in a restitution center, and the Department of Corrections may send a defendant to a reception center for classification first.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6227. The court may order the Department of Corrections to place an eligible defendant in a restitution center if the court makes a restitution order, or if a restitution agreement is entered into by the victims and the defendant. The Department of Corrections may send a defendant to a reception center for classification prior to placing the defendant in the restitution center. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  113. 6227.5.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    The Judicial Council must provide information to sentencing courts about the restitution center.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6227.5. The Judicial Council shall provide information to sentencing courts to ensure that the judges responsible for sentencing are aware of the existence of the restitution center. (Added by Stats. 2000, Ch. 249, Sec. 2. Effective January 1, 2001.)
  114. 6228.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    A defendant may be placed in a restitution center only if they meet the listed criminal-history, sentence-length, risk, and employability 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6228. A defendant is eligible for placement in a restitution center if the defendant does not have a criminal history of a conviction for the sale of drugs within the last five years, or for an offense requiring registration pursuant to Section 290, or a serious felony, as listed in Section 1192.7, or a violent felony, as listed in Section 667.5, the defendant did not receive a sentence of more than 60 months for the current offense or offenses, the defendant presents no unacceptable risk to the community, and the defendant is employable. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 are applicable to prisoners in restitution centers. (Amended by Stats. 2011, Ch. 296, Sec. 222. (AB 1023) Effective January 1, 2012.)
  115. 6229.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    A restitution center advisory board must be established where a restitution center exists, include specified local officials and public members, and help the Director of Corrections promote the center’s restitution 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6229. In each county, city, or city and county, in which a restitution center is established, there shall be a restitution center community advisory board to assist the Director of Corrections in establishing and promoting the restitution program of the center. The board shall include the sheriff or chief of police of the local jurisdiction, the district attorney, a superior court judge selected by the presiding superior court judge, the chief probation officer, a member of the city council or the board of supervisors of the local jurisdiction, selected by the council or board, and two public members chosen by the city council or board of supervisors. The public member shall serve for two years. All members shall receive only actual expenses approved by the Director of Corrections. The expenses shall be paid by the Department of Corrections. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  116. 623.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    Without the cave owner’s prior written permission, a person who knowingly damages, removes, disturbs, or interferes with protected cave materials or barriers commits a misdemeanor. Simply entering or staying in a cave is not, by itself, a violation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 623. (a) Except as otherwise provided in Section 599c, any person who, without the prior written permission of the owner of a cave, intentionally and knowingly does any of the following acts is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment: (1) Breaks, breaks off, cracks, carves upon, paints, writes or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, mars, or harms any natural material found in any cave. (2) Disturbs or alters any archaeological evidence of prior occupation in any cave. (3) Kills, harms, or removes any animal or plant life found in any cave. (4) Burns any material which produces any smoke or gas which is harmful to any plant or animal found in any cave. (5) Removes any material found in any cave. (6) Breaks, forces, tampers with, removes or otherwise disturbs any lock, gate, door, or any other structure or obstruction designed to prevent entrance to any cave, whether or not entrance is gained. (b) For purposes of this section: (1) “Cave” means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct, or other manmade excavation, which is large enough to permit a person to enter. (2) “Owner” means the person or private or public agency which has the right of possession to the cave. (3) “Natural material” means any stalactite, stalagmite, helictite, anthodite, gypsum flower or needle, flowstone, drapery, column, tufa dam, clay or mud formation or concretion, crystalline mineral formation, and any wall, ceiling, or mineral protuberance therefrom, whether attached or broken, found in any cave. (4) “Material” means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation found in any cave. (c) The entering or remaining in a cave by itself shall not constitute a violation of this section. (Amended by Stats. 1983, Ch. 1092, Sec. 312. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  117. 6230.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    Offenders must do the labor needed to maintain the restitution center and meet their needs, unless the director decides a task is better done by other persons. The director may employ offenders and pay them for work at the center.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6230. (a) Offenders shall perform all the labor necessary to maintain the restitution center and meet the offenders’ needs unless the director finds that a particular task can be better performed by other persons. (b) The director may employ and pay compensation to offenders to perform work at a center. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  118. 6231.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    Wages earned by an offender are paid to the Department of Corrections, then divided to cover work-related costs, restitution, operating costs, and savings for the offender.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6231. (a) Wages earned by an offender, less any deductions for taxes, shall be paid directly to the Department of Corrections. (b) Wage moneys received by the department shall be used to reimburse the offender for costs directly associated with continued employment, including transportation, special tools or clothing, meals away from the center, union dues, and other employee-mandated costs. The remaining wages shall be distributed as follows: (1) One-third shall be transferred to the Department of Corrections to pay the costs of operating and maintaining the restitution center. (2) One-third shall be used to pay restitution pursuant to the agreement or court order. After the restitution is paid these moneys shall be paid to the jurisdiction which prosecuted the offender to defray the court costs and attorney fees incurred in the offender’s prosecution. If all restitution, court costs and attorney fees are paid, these moneys shall be paid to the local jurisdiction for crime prevention. (3) One-third shall be placed in a savings account for the offender, to provide support for the offender’s immediate family, to purchase items necessary for the offender’s employment or to give to the offender to purchase personal accessories. Any moneys in the savings account or not expended pursuant to this paragraph at the time the offender is released from the restitution center shall be paid to the offender. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  119. 6233.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    An offender in a restitution center may leave only to go to work or when specifically authorized, and must return immediately after work or when required by the person in charge.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6233. (a) An offender shall not leave a restitution center except to go to work or when specifically authorized and shall return to the restitution center immediately after work or when required by the person in charge of the restitution center. (b) An offender who violates this section is guilty of escape, and notwithstanding any other provision of law shall be punishable as provided in Section 4530. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  120. 6234.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    An offender cannot take a job at below-local pay or conditions. The director may use volunteers and may transfer an offender to another facility 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6234. (a) The offender shall not be allowed to take employment if the rate of pay or other conditions of employment are less than those paid or provided for work of a similar nature in the locality in which the work is performed. (b) To help in administering the restitution center programs, the director may use volunteer help. (c) If an offender does not secure employment within three months after being sent to a restitution center, the director may, at any time thereafter, transfer the offender to another Department of Corrections facility if employment has not been obtained. (d) If the offender violates any of the rules and regulations governing the restitution center, the director may transfer the offender to another Department of Corrections facility. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  121. 6235.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    The Department of Corrections must adopt regulations for administering restitution centers, and those regulations should be written in language the general public can easily understand to the extent practical.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6235. The Department of Corrections shall, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt regulations for administering restitution centers. To the extent practical, the rules and regulations shall be stated in language that is easily understood by the general public. (Added by Stats. 1984, Ch. 1520, Sec. 1.)
  122. 6236.

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. )

    Verify source ↗

    This chapter is known as “Restitution Centers.”

    ## 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 9.2. Restitution Centers [6220 - 6236] ( Chapter 9.2 added by Stats. 1984, Ch. 1520, Sec. 1. ) ## 6236. This chapter shall be known as “Restitution Centers.” (Amended by Stats. 2001, Ch. 854, Sec. 56. Effective January 1, 2002.)
  123. 624.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    A person who wilfully damages or interferes with water pipes, mains, or related water-supply works commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 624. Every person who wilfully breaks, digs up, obstructs, or injures any pipe or main for conducting water, or any works erected for supplying buildings with water, or any appurtenances or appendages connected thereto, is guilty of a misdemeanor. (Amended by Stats. 1939, Ch. 369.)
  124. 6240.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    The Legislature states findings about drug abuse, recidivism, and prison overcrowding, and says it intends to create locally operated substance abuse community correctional centers and programs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6240. The Legislature finds and declares the following: (a) The number of people in state prisons whose primary commitment offense was for drug law violations represents approximately 24 percent of the inmate population. Based on a representative sample study of new felon admissions during 1988, it is estimated that approximately 76 percent of the new commitment admissions to prison have a known history of drug abuse. The number of parole violators returned to prison for drug violations increased 2200 percent from 1980 to 1988. In fiscal year 1988–89, drug charges were a known contributing factor in over 64 percent of parolees returned to prison for parole violations. (b) The relationship between public safety, recidivism, and substance abuse is undeniable and significant. (c) As pointed out by the California Blue Ribbon Commission on Inmate Population Management in its January 1990 report, both state and local correction systems are presently lacking sufficient programs and strategies to intervene with substance abuse and other behaviors that contribute to criminality. Judges and parole authorities lack the options of community correctional facilities and programs with substance abuse intervention and treatment when managing parole violators, probationers, parolees, and nonviolent offenders with a history of substance abuse. (d) There presently does not exist a model for a state and local center to house substance abusers, increase employability skills, provide counseling and support, and make treatment programs available to intervene and treat substance abuse, to reduce the crime problem and the social costs which these offenders bring upon society, themselves, and their families. It is, therefore, the intent of the Legislature to provide for the establishment of substance abuse community correctional centers and programs to be operated locally in order to implement state-of-the-art rehabilitation programs commensurate with public safety considerations. It is further the intent of the Legislature to focus these efforts in local communities in order to blend state and local efforts to achieve a higher success rate and lower recidivism, and to reduce the number of substance abusers and offenders who are currently being sent to state prison. It is also the intent of the Legislature that these programs and housing facilities be built and operated in a manner providing maximum safety to the public commensurate with the purpose of the programming, and that the facilities be kept drug-free by whatever legal means are required. The facilities and the programs shall be designed and operated in joint efforts by the state and counties, with primary funding from the state for construction of the facilities. It is the intent of the Legislature that funds disbursed pursuant to this chapter be used to construct the maximum possible number of community beds for this purpose commensurate with public safety requirements. (Added by Stats. 1990, Ch. 1594, Sec. 1.)
  125. 6240.5.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    This provision says the act is known as, and may be cited as, the Substance Abuse Community Correctional Treatment Act.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6240.5. This act shall be known, and may be cited, as the Substance Abuse Community Correctional Treatment Act. (Added by Stats. 1990, Ch. 1594, Sec. 1.)
  126. 6240.6.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    This section defines key terms used in 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6240.6. For purposes of this chapter, the following definitions shall apply: (a) “Board” means the Board of Corrections. (b) “Department” means the Department of Corrections. (c) “Center” means a substance abuse community correctional detention center. (d) “Construction” means new construction, reconstruction, remodeling, renovation, or replacement of facilities, or a combination thereof. (e) “Facility” means the physical buildings, rooms, areas, and equipment used for the purpose of a substance abuse community correctional detention center. (Added by Stats. 1990, Ch. 1594, Sec. 1.)
  127. 6241.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    This section creates a fund for substance abuse community correctional detention centers and sets rules for how the Board of Corrections and counties may use, allocate, and manage the funding.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6241. (a) The Substance Abuse Community Correctional Detention Centers Fund is hereby created within the State Treasury. The Board of Corrections is authorized to provide funds, as appropriated by the Legislature, for the purpose of establishing substance abuse community correctional detention centers. These facilities shall be operated locally in order to manage parole violators, those select individuals sentenced to state prison for short periods of time, and other sentenced local offenders with a known history of substance abuse, and as further defined by this chapter. (b) The facilities constructed with funds disbursed pursuant to this chapter in a county shall contain no less than 50 percent of total beds for use by the Department of Corrections and Rehabilitation. (1) Upon agreement, the county and the department may negotiate any other mix of state and local bed space, providing the state’s proportionate share shall not be less than 50 percent in the portion of the facilities financed through state funding. (2) Nothing in this chapter shall prohibit the county from using county funds or nonrestricted jail bond funds to build and operate additional facilities in conjunction with the centers provided for in this chapter. (c) Thirty million dollars ($30,000,000) in funds shall be provided from the 1990 Prison Construction Fund and the 1990–B Prison Construction Fund, with fifteen million dollars ($15,000,000) each from the June 1990 bond issue and the November 1990 bond issue, for construction purposes set forth in this chapter, provided that funding is appropriated in the state budget from the June and November 1990, prison bond issues for purposes of this chapter. (d) Funds shall be awarded to counties based upon the following policies and criteria: (1) Priority shall be given to urban counties with populations of 450,000 or more, as determined by Department of Finance figures. The board may allocate up to 10 percent of the funding to smaller counties or combinations of counties as pilot projects, if it concludes that proposals meet the requirements of this chapter, commensurate with the facilities and programming that a smaller county can provide. (2) Upon application and submission of proposals by eligible counties, representatives of the board shall evaluate proposals and select recipients. To help ensure that state-of-the-art drug rehabilitation and related programs are designed, implemented, and updated under this chapter, the board shall consult with not less than three authorities recognized nationwide with experience or expertise in the design or operation of successful programs in order to assist the board in all of the following: (A) Drawing up criteria on which requests for proposals will be sought. (B) Selecting proposals to be funded. (C) Assisting the board in evaluation and operational problems of the programs, if those services are approved by the board. Funding also shall be sought by the board from the federal government and private foundation sources in order to defray the costs of the board’s responsibilities under this chapter. (3) Preference shall be given to counties that can demonstrate a financial ability and commitment to operate the programs it is proposing for a period of at least three years and to make improvements as proposed by the department and the board. (4) Applicants receiving awards under this chapter shall be selected from among those deemed appropriate for funding according to the criteria, policies, and procedures established by the board. Criteria shall include success records of the types of programs proposed based on nationwide standards for successful programs, if available, expertise and hands-on experience of persons who will be in charge of proposed programs, cost-effectiveness, including cost per bed, speed of construction, a demonstrated ability to construct the maximum number of beds which shall result in an overall net increase in the number of beds in the county for state and local offenders, comprehensiveness of services, location, participation by private or community-based organizations, and demonstrated ability to seek and obtain supplemental funding as required in support of the overall administration of this facility from sources such as the State Department of Health Care Services, the Office of Emergency Services, the National Institute of Corrections, the Department of Justice, and other state and federal sources. (5) Funds disbursed under subdivision (c) shall be used for construction of substance abuse community correctional centers, with a level of security in each facility commensurate with public safety for the types of offenders being housed in or utilizing the facilities. (6) Funds disbursed under this chapter shall not be used for the purchase of the site. Sites shall be provided by the county. However, a participating county may negotiate with the state for use of state land at nearby corrections facilities or other state facilities, provided that the locations fit in with the aims of the programs established by this chapter. The county shall be responsible for ensuring the siting, acquisition, design, and construction of the center consistent with the California Environmental Quality Act pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (7) Staff of the department and the board, as well as persons selected by the board, shall be available to counties for consultation and technical services in preparation and implementation of proposals accepted by the board. (8) The board also shall seek advice from the State Department of Health Care Services in exercising its responsibilities under this chapter. (9) Funds shall be made available to the county and county agency which is selected to administer the program by the board of supervisors of that county. (10) Area of greatest need can be a factor considered in awarding contracts to counties. (11) Particular consideration shall be given to counties that can demonstrate an ability to provide continuing counseling and programming for offenders in programs established under this chapter, once the offenders have completed the programs and have returned to the community. (12) A county may propose a variety of types and sizes of facilities to meet the needs of its plan and to provide the services for varying types of offenders to be served under this chapter. Funds granted to a county may be utilized for construction of more than one facility. Any county wishing to use existing county-owned sites or facilities may negotiate those arrangements with the Department of Corrections and the Board of Corrections to meet the needs of its plan. (Amended by Stats. 2013, Ch. 352, Sec. 417. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  128. 6241.5.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    The state must help make state-owned land available to counties for this chapter’s programs, if doing so does not interfere with agency operations or planned expansions and fits public safety needs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6241.5. Because of the difficulties of finding locations for programs described in this chapter, the state shall assist in making state-owned lands available to counties for purposes of this chapter, so long as those efforts do not impede an agency’s operations or planned expansions and are commensurate with public safety requirements. (Added by Stats. 1990, Ch. 1594, Sec. 1.)
  129. 6242.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    This section assigns counties, the department, and the board responsibilities for operating substance abuse community correctional detention centers, funding them, and overseeing program changes.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6242. (a) The county shall assume full responsibility to administer and operate the center and program consistent with the criteria set forth in this chapter and those established by the board. This shall include maintenance and compliance with all codes, regulations, and health standards. (b) The county shall select a local governmental department to operate the facility in accordance with the standards and oversight provided for in this chapter. The facility shall be owned by the department for the duration of the payment of the bond used to finance construction of the facility. Upon completion of bond repayment, ownership of the facility shall be vested in the county. Ownership of a county facility renovated with funds awarded pursuant to this chapter shall be by the department for the period of bond repayment, after which ownership shall revert to the county. The department shall retain the option to lease from the county no less than 50 percent of inmate beds after completion of bond repayment. If a county willfully terminates its participation in this act prior to completion of bond repayment or if its grant is terminated by the board for noncompliance with program regulations, ownership of the facility shall remain vested in the department. The department shall retain the option to lease as provided in this subdivision. (c) Counties or the department shall operate all services and programs in secure facilities pursuant to this chapter with only county or state merit system employees, except that private nonprofit providers or individual professionals with demonstrated expertise and community experience also may be utilized to provide substance abuse treatment programs. Treatment programs outside secure facilities pursuant to this chapter may be provided only by county or state staff, by private nonprofit providers, or by individual professionals with demonstrated expertise and experience in providing services to this population of the community. (d) Custody in secure facilities shall be provided by peace officers, as defined in Sections 830.1, 830.5, and 830.55, or custodial officers, as defined in Sections 831 and 831.5, who have satisfactorily met the minimum selection and training standards for corrections officers, as prescribed by the board under Section 6035. (e) Parolees, parole violators, and state prisoners shall remain under overall supervision of state parole officers. (f) The department shall contract to reimburse the county for allotted bed space and programming for state offenders based on actual cost plus a reasonable fee, but in no instance shall that amount exceed the average cost of housing an inmate in a state prison facility, as determined annually by the director. (g) A county may bill the state for services provided to state parolees pursuant to this chapter on a pro rata basis of the cost of providing the programs and services, if requested by the department. (h) The department and the board, as well as participating counties, shall seek funding from the federal government and from private foundation sources to help meet the costs of the programs outlined in this chapter. (i) It shall be the responsibility of the board, the department, and the design and implementation panel to keep abreast of improvements in programs of the types established by this chapter, and to attempt to revise and update programs as state-of-the-art advances develop. (j) Requests for proposals shall be ready for submission to eligible counties within nine months after the effective date of this chapter. Eligible counties shall submit proposals within six months after the request for proposals is submitted. (k) An amount totaling no more than 11/2 percent of the total amount of funds to be disbursed under this chapter is hereby appropriated from the 1990 Prison Construction Fund and the 1990–B Prison Construction Fund to the board to be used for administrative costs. (l) Following formal acceptance of proposals submitted by counties, the board shall have authority to modify, expand, or revise county programs, if requested by counties, or if the board concludes that changes should be made to improve, expand, or reduce the scope or approach of programs. This shall be done after formal notice to a county of proposed changes and opportunity for a county to submit evidence. The board also shall be able to recommend additional or reduced funding for a program, if funding becomes available upon appropriation by the Legislature. (Amended by Stats. 1993, Ch. 589, Sec. 126. Effective January 1, 1994.)
  130. 6242.5.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    The board must set minimum construction and security standards and develop an architectural program for these facilities. Counties may use renovation instead of new construction if cost and design limits are met, and counties must not use existing facilities to avoid jail-bed and inmate housing needs. The county must lease the site to the state, and the department must pay $1 per year during the bond term.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6242.5. (a) The board shall establish minimum standards, including security requirements, for the construction of facilities pursuant to this chapter. (b) The board shall develop an architectural program describing the functions which the facility will be expected to serve, but which deemphasizes the correctional and detention nature of the exterior of the facilities in order to ease the difficulty in finding acceptable sites. (c) Counties may substitute renovation of an existing structure for new construction, but renovation costs per bed shall not exceed the cost of new construction based on initial cost and useful life of the facility, and shall meet the program design standards established by the board. However, participation by a county or use of existing facilities for programs under this chapter shall not be utilized by a county to avoid meeting its needs for jail-bed construction and housing of jail inmates. (d) Per-bed cost of secure facilities proposed by a county shall not exceed the cost of current similar construction by the department. (e) The county shall lease the site on which the facility is located to the state for a term of not less than the period of bond repayment. The department shall pay to the county as lease the sum of one dollar ($1) per year beginning the first month after the first payment for the repayment of the bond to continue through the duration of the bond used to finance construction of the facility. (Added by Stats. 1990, Ch. 1594, Sec. 1.)
  131. 6242.6.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    The board must evaluate each center and county’s progress and report its findings to the Legislature, and the department must monitor contract compliance for offenders placed in each center.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6242.6. (a) The board shall provide evaluation of the progress, activities, and performance of each center and participating county’s progress established pursuant to this chapter and shall report the findings thereon to the Legislature two years after the operational onset of each facility. (b) The board shall select an outside monitoring firm in cooperation with the Auditor General’s office, to critique and evaluate the programs and their rates of success based on recidivism rates, drug use, and other factors it deems appropriate. Two years after the programs have begun operations, the report shall be provided to the Joint Legislative Prisons Committee, participating counties, the department, the State Department of Health Care Services, and other sources the board deems of value. Notwithstanding subdivision (k) of Section 6242, one hundred fifty thousand dollars ($150,000) is hereby appropriated from the funds disbursed under this chapter from the 1990 Prison Construction Fund to the Board of Corrections to be used for program evaluation under this subdivision. (c) The department shall be responsible for the ongoing monitoring of contract compliance for state offenders placed in each center. (Amended by Stats. 2013, Ch. 22, Sec. 81. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  132. 6243.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    This section sets who may be placed in the correctional detention center programs, how beds are divided between state and local offenders, and who must be notified when offenders enter or leave the programs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6243. Primary offender groups to be dealt with in the programs established by this chapter shall be probation or parole violators who would otherwise be returned to jail or prison. The following standards for selection shall apply: (a) The Director of Corrections, or his or her designee, together with local parole officials, shall select offenders committed to state prison for placement in not less than 50 percent of the program beds established by this chapter. Eligible offenders shall be parole violators and felons committed to state prison who, after credit deduction for presentence incarceration and pursuant to Section 2933, would otherwise have served an actual term of six months or less in state prison. Offenders selected shall have a demonstrated history of alcohol or controlled substances abuse, or both, but shall not include any of the following: (1) Offenders convicted at anytime of a violent felony, as defined in subdivision (c) of Section 667.5 whether in California or any other jurisdiction for an offense with the same elements. (2) Offenders who have lost work credits while currently in prison for an offense listed in paragraph (1) of subdivision (a) of Section 2932, except for assault with a deadly weapon or a caustic substance. (3) Offenders currently convicted of burglary of an inhabited dwelling. (4) Offenders convicted on two or more separate occasions of violations of Section 11351, 11351.5, 11352, 11353, 11370.1, 11370.6, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code for selling or transporting for sale, manufacturing for sale, processing for sale, importing for sale, or administering any controlled substance listed in these sections, or for attempting to commit any of these offenses for those purposes and who has served at least one term in prison for violating one of these sections. (b) The maximum period of participation in a center program shall not exceed the maximum period for which the offender could have been incarcerated in county jail or state prison. Upon release from a center, a state offender shall be subject to the parole provisions of Section 3000. Local offenders shall be subject to all conditions of probation, if probation was imposed at the time of sentencing. (c) The parole of an offender placed in a center following revocation of parole shall remain revoked during the period of participation in a center. (d) Individuals eligible for this program who are deemed unfit for participation by either custodial or program staff at any time shall be transferred to a state prison or county facility to which they would otherwise have been committed and shall serve their remaining sentence minus the time served at the center. (e) Except upon agreement between the county and the department, placement of state offenders in a center is limited to parolees on parole in that county and new commitments sentenced from that county. (f) The county shall select local offenders for placement in up to 50 percent of the program beds established by this chapter. These offenders shall be persons convicted and sentenced to county jail, whether or not as a condition of probation, and who have a demonstrated history of abuse of alcohol or controlled substances, or both. (g) State prisoners participating in these programs shall be eligible for work credit time reductions under provisions applicable to state prisoners committed to state prison. (h) Primary emphasis in this program shall be toward parole violators and persons sentenced to prison or jail for short terms and for whom rehabilitation efforts should be provided. (i) The department shall regularly notify the sheriff’s department and the probation department of a participating county of offenders placed into the program or released from the program established by this chapter. The county shall likewise regularly notify local parole officials of persons placed into or released from its programs set up by this chapter. The sheriff’s department, probation and parole officials, and the Board of Prison Terms shall be permitted to recommend for or against placement of persons into these programs, as shall the judiciary of the county. (j) Facilities may not serve as housing or parole or probation offices for offenders not a part of programs set up by this chapter. (Added by Stats. 1990, Ch. 1594, Sec. 1.)
  133. 6245.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    When submitting a proposal, a county’s plan must include specified program elements and show links to community organizations.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6245. In submitting a proposal, a county’s plan shall include at least all of the following elements that meet standards established by the board in its request for proposal, and demonstrate that its program will have strong links to the community organizations involved in providing those elements, and that those community organizations have helped in designing the proposal: (a) A rigorous program of substance abuse testing. (b) A drug-free environment. (c) Substance abuse treatment. (d) Employment services. (e) Basic education services. (f) Mental health services and family counseling. (g) A strong linkage to probation and parole. (Amended by Stats. 2004, Ch. 183, Sec. 273. Effective January 1, 2005.)
  134. 6246.

    ## 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. )

    Verify source ↗

    Each recipient county must set up a program oversight committee under Board of Corrections 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 9.4. Substance Abuse Community Correctional Detention Centers [6240 - 6246] ( Chapter 9.4 added by Stats. 1990, Ch. 1594, Sec. 1. ) ## 6246. Each recipient county shall set up a program oversight committee, under rules and guidelines the Board of Corrections formulates, which shall include representatives from the following groups: (a) Parole officials. (b) Probation officials. (c) Sheriff’s department officials. (d) County alcohol and drug abuse officials. (e) Program contractors. (f) Local judiciary personnel. (g) Social welfare agency personnel. (h) Local labor and employment representatives. Responsibilities of the program oversight committee shall include, but not be limited to, regular reviews of program operations and criteria for offenders being placed into it, discussion and resolution of problems that may arise, costs, and other duties that may be assigned it by the Board of Corrections. (Added by Stats. 1990, Ch. 1594, Sec. 1.)
  135. 625.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    A person who, with intent to defraud or injure, opens or draws water from a stopcock or faucet after notice that it was closed for a specific cause by order of competent authority commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 625. Every person who, with intent to defraud or injure, opens or causes to be opened, or draws water from any stopcock or faucet by which the flow of water is controlled, after having been notified that the same has been closed or shut for specific cause, by order of competent authority, is guilty of a misdemeanor. (Enacted 1872.)
  136. 6250.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    The Director of Corrections may establish and operate community correctional centers, but must give local notice and follow consultation steps before contracting or changing a center’s use or capacity.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6250. (a) The Director of Corrections may establish and operate facilities to be known as community correctional centers. The director may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, community correctional centers. (b) No later than 30 days after the department has designated a site as a potential site, the director shall notify the county board of supervisors or city council in whose jurisdiction the center may be located. The notification shall set forth the specifics of the site location, design, and operational characteristics for the facility. The department shall not contract for the facility until it has received and reviewed the comments of every local agency notified under this section or the expiration of 60 days after having given notice to the local agency, whichever occurs first. Upon receipt of the notice, the city, county, or city and county may hold a public hearing concerning the impact of the facility on the community. At the conclusion of the public hearing, the city, county, or city and county may make a recommendation to the department as to the appropriateness of the proposed site, specific design and operational features to help make the facility more compatible with the community, and alternative locations, if appropriate. Upon receipt of comments and recommendations, the department shall determine whether to proceed with the facility, to modify the proposal, or to select an alternative site. If the department selects a site recommended by the local agency after a hearing conducted pursuant to this section, no further review or hearings are required by this subdivision. (c) The notice referred to in subdivision (b) may be delivered by hand or sent by any form of mail requiring a return receipt. Failure to provide the notice shall be grounds for extinguishing the contract upon motion of the board of supervisors or city council. (d) The Director of Corrections shall not change the use of or significantly increase the capacity of a community correctional center established pursuant to subdivision (a) unless the director has first notified the county board of supervisors or city council in whose jurisdiction the center is located at least 30 days prior to the change of use or capacity. Failure to provide the notice shall be grounds for enjoining the change in use or capacity. (Amended by Stats. 1997, Ch. 643, Sec. 2. Effective January 1, 1998.)
  137. 6250.5.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    The Director of Corrections may contract for community correctional facilities for addiction treatment only when inmate costs are lower than similar state facilities, and the department must review, audit, and may revoke agreements that are out of compliance.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6250.5. (a) The Director of Corrections may contract for the establishment and operation of community correctional facilities that offer programs for the treatment of addiction to alcohol or controlled substances based on the therapeutic community model, only if the cost per inmate of operating the facilities will be less than the cost per inmate of operating similar state facilities. The Legislature finds and declares that the purpose of a therapeutic community program, which emphasizes alcohol and controlled substance rehabilitation, is to substantially increase the likelihood of successful parole for those inmates. (b) Each facility under contract pursuant to this section shall provide programs that prepare each inmate for successful reintegration into society. Those programs shall involve constant counseling in drug and alcohol abuse, employment skills, victim awareness, and family responsibility, and generally shall prepare each inmate for return to society. The programs also shall emphasize literacy training and use computer-supported training so that inmates may improve their reading and writing skills. The program shall include postincarceration counseling and care in order to ensure a greater opportunity for success. (c) The department may enter into a long-term agreement, not to exceed 20 years, for transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to this section. (d) The department shall provide for the review of any agreement entered into under this section to determine if the contractor is in compliance with the terms of this section. The review shall be conducted at least every five years. The department may revoke any agreement if the contractor is not in compliance with this section. (e) Notwithstanding the Public Contract Code or Article 10 (commencing with Section 1200) of Title 15 of the California Code of Regulations, the Department of Corrections shall select an independent contractor to conduct an annual audit and cost comparison evaluation of any programs established under this section. Any contract for annual audits and evaluation shall provide that the annual report, whether in final or draft form, and all working papers and data, shall be available for immediate review upon request by the department. (Added by Stats. 1997, Ch. 643, Sec. 3. Effective January 1, 1998.)
  138. 6251.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    These facilities are mainly for housing, supervising, counseling, and providing other correctional programs to people committed to the Department 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6251. The primary purpose of such facilities is to provide housing, supervision, counseling, and other correctional programs for persons committed to the Department of Corrections. (Added by Stats. 1965, Ch. 1931.)
  139. 6252.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    The Director of Corrections must make rules and regulations for community correctional centers.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6252. The Director of Corrections shall make rules and regulations for the government of the community correctional centers in the management of their affairs. (Added by Stats. 1965, Ch. 1931.)
  140. 6253.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    The Director of Corrections may move certain inmates and parolees into community correctional centers and may charge reasonable fees, but the fees cannot exceed actual costs and no one can be denied placement because they cannot pay.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6253. (a) The Director of Corrections may transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the Department of Corrections to community correctional centers, and place parolees in the community correctional centers. The director may charge the resident reasonable fees, based on ability to pay, for room, board and so much of the costs of administration as are allocable to such resident. Fees may not exceed actual, demonstrable costs to the department. No fees shall be collected from an inmate or parolee after his or her residency in the center has terminated. Notwithstanding any other provision of law, no inmate or parolee shall be denied placement in a community correctional center on the basis of inability to pay fees authorized by this section. (b) Inmates transferred to community correctional centers remain under the legal custody of the department and shall be subject at any time, pursuant to the rules and regulations of the Director of Corrections, to be detained in the county jail upon the exercise of a state parole or correctional officer’s peace officer powers as specified in Section 830.5, with the consent of the sheriff or corresponding official having jurisdiction over the facility. (Amended by Stats. 1984, Ch. 961, Sec. 4. Effective September 10, 1984.)
  141. 6254.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    The Director of Corrections may grant furloughs to residents of community correctional centers for employment, education, vocational training, or arranging a suitable employment and residence 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6254. The Director of Corrections may grant furloughs to residents of community correctional centers for the purpose of employment, education, including vocational training, or arranging a suitable employment and residence program. (Amended by Stats. 1967, Ch. 772.)
  142. 6255.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    Rules in Title 5 apply to people placed in a community correctional center by the Director of Corrections, except active parolees, who instead follow Article 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6255. The provisions of Title 5 (commencing with Section 4500) of Part 3 shall apply to all persons placed in a community correctional center by the Director of Corrections except that those persons who are on active parole shall be subject to the provisions of Article 3 (commencing with Section 3040) of Chapter 8, Title 1, Part 3. (Added by Stats. 1965, Ch. 1931.)
  143. 6256.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    The Director of Corrections may contract with public or private agencies, with approval from the Director of General Services, to house, feed, and supervise eligible inmates. The Department of Corrections must reimburse those agencies, and prisoners in their care remain subject to applicable 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6256. The Director of Corrections may enter into contracts, with the approval of the Director of General Services, with appropriate public or private agencies, to provide housing, sustenance, and supervision for such inmates as are eligible for placement in community correctional centers. Prisoners in the care of such agencies shall be subject to all provisions of law applicable to them. The Department of Corrections shall reimburse such agencies for their services from such funds as may be appropriated for the support of state prisoners. (Added by Stats. 1972, Ch. 1168.)
  144. 6258.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

    Verify source ↗

    The Secretary may contract for community correctional reentry centers, but only if operating cost per inmate is lower than departmental custody cost; the department may also make up to 10-year contracts for prisoner transfer or placement. The section requires programs and counseling services, gives contract-award preferences, waives some approval requirements, and bars contracts after October 14, 2023 for centers in current or former state prison facilities or 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6258. (a) The Secretary of the Department of Corrections and Rehabilitation may contract for the establishment and operation of separate community correctional reentry centers for men and women, provided that the per-inmate cost for operating these facilities under contract will be less than the per-inmate cost of maintaining custody of the inmates by the department. The department may enter into long-term contracts, not to exceed 10 years, for transfer of prisoners to, or placement of prisoners in, facilities under contract pursuant to this section. (b) The purpose of the community correctional reentry center is to provide an enhancement program to increase the likelihood of a successful parole. The objective of the program is to make the inmates aware of their responsibility to society, and to assist the inmates with educational and employment training to ensure employability once on parole. (c) A community correctional reentry center shall prepare the inmate for reintegration into society. These centers shall provide counseling in the areas of drug and alcohol abuse, stress, employment skills, victim awareness, and shall, in general, prepare the inmate for return to society. The program shall also emphasize literacy training and utilize computer-supported training so that the inmate can read and write at least at a 9th-grade level. (d) In awarding contracts pursuant to this section, the secretary shall advertise the potential contract and may entertain proposals for the establishment and operation of community correctional reentry centers from public and private entities and shall give preference to the following community correctional reentry centers: (1) Centers located near large population centers. (2) Centers with approved state or local land use. (3) Centers with an identified facility with appropriate capacity to serve not greater than 200 individuals. (4) Centers that provide a rehabilitative, supportive setting and programming that is trauma-informed, culturally responsive, and community oriented in order to improve the outcomes of the participants and reduce recidivism. (5) Centers operated by a nonprofit organization that has demonstrated experience successfully operating community correctional reentry centers. (e) Notwithstanding any other law, except as provided in subdivision (d), for the purposes of entering into or renewing agreements pursuant to this section, any process, regulation, or requirement, including any state government reviews or approvals, or third-party approval that is required under, or implemented pursuant to, any statute that relates to entering into or renewing those agreements, is hereby waived. (f) On or after October 14, 2023, the department shall not contract for the establishment or operation of a community correctional reentry center located in current or former state prison facilities or on current or former state prison property. This subdivision does not apply to other types of facilities owned or operated by the department. (Amended by Stats. 2023, Ch. 190, Sec. 8. (SB 135) Effective September 13, 2023.)
  145. 6258.1.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

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    An inmate may not be transferred to a community correctional reentry facility unless all stated 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 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6258.1. An inmate shall not be transferred to a community correctional reentry facility unless all of the following conditions are met: (a) The inmate applies for a transfer to a community correctional reentry facility. (b) The inmate does not have a current or prior conviction for an offense that requires registration as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. (c) The inmate has less than two years left to serve in a correctional facility. (d) The inmate does not have a history, within the prior 10 years, of an escape pursuant to Section 4532 of the Penal Code. (e) The department determines that the inmate would benefit from the transfer. (Amended by Stats. 2021, Ch. 80, Sec. 21. (AB 145) Effective July 16, 2021.)
  146. 6259.

    ## 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. )

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    This section says contracts for 2,000 community correctional facility beds must follow specified public contracting rules, and any option-to-purchase exercise is subject to the State Public Works Board and several listed construction and property 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 9.5. Community Correctional Centers [6250 - 6259] ( Chapter 9.5 added by Stats. 1965, Ch. 1931. ) ## 6259. (a) For the purposes of acquiring the 2,000 community correctional facility beds and notwithstanding any other provision of law, the procurement and performance of any contracts authorized pursuant to Chapter 9.5 (commencing with Section 6250) of Part 3 of Title 7 of the Penal Code shall be conducted under the provisions of Article 4 (commencing with Section 10335) of Part 2 of Division 2 of the Public Contract Code, as a contract for services. (b) The procurement shall include requirements that the contractor provide to the state options to purchase all or a portion of the facilities and equipment used by the vendor in the performance of the contract and that the consideration of the proposals include the terms of these options. The contract shall provide specifications for the vendor’s acquisition of sites, compliance with environmental requirements, preparation of plans and specifications for, and development and operation of, facilities, and such other matters as may be reasonably incidental to the development, operation, and potential future acquisition by the state pursuant to an option to purchase the facilities. (c) The exercise of an option to purchase shall be subject to the jurisdiction of the State Public Works Board and the requirements of the master plan for prison construction, Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code, the State Contract Act, Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, the State Building Construction Act of 1955, Part 10b (commencing with Section 15800) of Division 3 of the Government Code, and the Property Acquisition Law, and Part 11 (commencing with Section 15850) of Division 3 of the Government Code, but these provisions shall not apply to the procurement of the option to purchase or the procurement and performance of the contract. (Added by Stats. 1998, Ch. 500, Sec. 3. Effective September 15, 1998.)
  147. 625b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes it a misdemeanor to damage, tamper with, enter, or move aircraft in specified harmful ways, and sets fines or jail terms for conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 625b. (a) Every person who willfully injures or tampers with any aircraft or the contents or parts thereof, or removes any part of or from an aircraft without the consent of the owner, and every person who, with intent to commit any malicious mischief, injury or other crime, climbs into or upon an aircraft or attempts to manipulate any of the controls, starting mechanism, brakes or other mechanism or device of an aircraft while it is at rest and unattended or who sets in motion any aircraft while it is at rest and unattended, is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than six months or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Every person who willfully and maliciously damages, injures, or destroys any aircraft, or the contents or any part thereof, in such a manner as to render the aircraft unsafe for those flight operations for which it is designed and equipped is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 420. (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.)
  148. 625c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who willfully damages, obstructs, or moves certain transit property with intent to cause great bodily injury commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 625c. Any person who, with the intent to cause great bodily injury to another person, willfully removes, tampers with, injures or destroys any passenger transit vehicle or the contents or parts thereof, or who willfully removes, tampers with or destroys, or places an obstruction upon any part of the transit system, including its right-of-way, structures, fixtures, tracks, switches or controls, or who willfully sets a vehicle in motion while it is at rest and unattended is guilty of a felony. (Added by Stats. 1980, Ch. 993, Sec. 1.)
  149. 626.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    This section defines several school-related terms and lets the court consider a Department of Justice report about prior convictions when setting penalties under this chapter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626. (a) As used in this chapter, the following definitions apply: (1) “University” means the University of California, and includes any affiliated institution thereof and any campus or facility owned, operated, or controlled by the Regents of the University of California. (2) “State university” means any California state university, and includes any campus or facility owned, operated, or controlled by the Trustees of the California State University. (3) “Community college” means any public community college established pursuant to the Education Code. (4) “Independent institutions of higher education” means nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education. (5) “School” means any public or private elementary school, junior high school, four-year high school, senior high school, adult school or any branch thereof, opportunity school, continuation high school, regional occupational center, evening high school, or technical school or any public right-of-way situated immediately adjacent to school property or any other place if a teacher and one or more pupils are required to be at that place in connection with assigned school activities. (6) “Chief administrative officer” means either of the following: (A) The president of the university, a state university, or an independent institution of higher education, or an officer designated by the president, the Chancellor of the California State University, or the officer designated by the Regents of the University of California or pursuant to authority granted by the Regents of the University of California to administer and be the officer in charge of a campus or other facility owned, operated, or controlled by the Regents of the University of California, or the superintendent of a community college district. (B) For a school, the principal of the school, a person who possesses a standard supervision credential or a standard administrative credential and who is designated by the principal, or a person who carries out the same functions as a person who possesses a credential and who is designated by the principal. (b) For the purpose of determining the penalty to be imposed pursuant to this chapter, the court may consider a written report from the Department of Justice containing information from its records showing prior convictions; and that communication is prima facie evidence of the convictions, if the defendant admits them, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions. (c) As used in this code, the following definitions apply: (1) “Pupil currently attending school” means a pupil enrolled in a public or private school who has been in attendance or has had an excused absence, for purposes of attendance accounting, for a majority of the days for which the pupil has been enrolled in that school during the school year. (2) “Safe school zone” means an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the schoolday or 60 minutes before or after a school-sponsored activity at the schoolsite: (A) Within 100 feet of a bus stop, whether or not a public transit bus stop, that has been publicly designated by the school district as a schoolbus stop. This definition applies only if the school district has chosen to mark the bus stop as a schoolbus stop. (B) Within 1,500 feet of a school, as designated by the school district. (Amended by Stats. 2022, Ch. 134, Sec. 1. (SB 748) Effective July 19, 2022.)
  150. 626.10.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    This section bans bringing or possessing certain weapons on school and campus grounds, with listed exceptions and written-permission carveouts.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.10. (a) (1) Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 21/2 inches, folding knife with a blade that locks into place, razor with an unguarded blade, taser, or stun gun, as defined in subdivision (a) of Section 244.5, any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun, upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (2) Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses a razor blade or a box cutter upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year. (b) Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, or knife having a fixed blade longer than 21/2 inches upon the grounds of, or within, any private university, the University of California, the California State University, or the California Community Colleges is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (c) Subdivisions (a) and (b) do not apply to any person who brings or possesses a knife having a blade longer than 21/2 inches, a razor with an unguarded blade, a razor blade, or a box cutter upon the grounds of, or within, a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, or any private university, state university, or community college at the direction of a faculty member of the private university, state university, or community college, or a certificated or classified employee of the school for use in a private university, state university, community college, or school-sponsored activity or class. (d) Subdivisions (a) and (b) do not apply to any person who brings or possesses an ice pick, a knife having a blade longer than 21/2 inches, a razor with an unguarded blade, a razor blade, or a box cutter upon the grounds of, or within, a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, or any private university, state university, or community college for a lawful purpose within the scope of the person’s employment. (e) Subdivision (b) does not apply to any person who brings or possesses an ice pick or a knife having a fixed blade longer than 21/2 inches upon the grounds of, or within, any private university, state university, or community college for lawful use in or around a residence or residential facility located upon those grounds or for lawful use in food preparation or consumption. (f) Subdivision (a) does not apply to any person who brings an instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun, or any razor blade or box cutter upon the grounds of, or within, a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, if the person has the written permission of the school principal or his or her designee. (g) Any certificated or classified employee or school peace officer of a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, may seize any of the weapons described in subdivision (a), and any certificated or classified employee or school peace officer of any private university, state university, or community college may seize any of the weapons described in subdivision (b), from the possession of any person upon the grounds of, or within, the school if he or she knows, or has reasonable cause to know, the person is prohibited from bringing or possessing the weapon upon the grounds of, or within, the school. (h) As used in this section, “dirk” or “dagger” means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. (i) Any person who, without the written permission of the college or university president or chancellor or his or her designee, brings or possesses a less lethal weapon, as defined in Section 16780, or a stun gun, as defined in Section 17230, upon the grounds of, or within, a public or private college or university campus is guilty of a misdemeanor. (Amended by Stats. 2013, Ch. 76, Sec. 147.5. (AB 383) Effective January 1, 2014.)
  151. 626.11.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    This section makes certain evidence inadmissible in administrative disciplinary proceedings, voids student dormitory agreement terms that waive specified constitutional or privacy rights, and bars some evidence seized after a nonconsensual dormitory entry.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.11. (a) Any evidence seized by a teacher, official, employee, or governing board member of any university, state university, or community college, or by any person acting under his or her direction or with his or her consent in violation of standards relating to rights under the Fourth Amendment to the United States Constitution or under Section 13 of Article I of the State Constitution to be free from unreasonable searches and seizures, or in violation of state or federal constitutional rights to privacy, or any of them, is inadmissible in administrative disciplinary proceedings. (b) Any provision in an agreement between a student and an educational institution specified in subdivision (a) relating to the leasing, renting, or use of a room of any student dormitory owned or operated by the institution by which the student waives a constitutional right under the Fourth Amendment to the United States Constitution or under Section 13 of Article I of the State Constitution, or under state or federal constitutional provision guaranteeing a right to privacy, or any of them, is contrary to public policy and void. (c) Any evidence seized by a person specified in subdivision (a) after a nonconsensual entry not in violation of subdivision (a) into a dormitory room, which evidence is not directly related to the purpose for which the entry was initially made, is not admissible in administrative disciplinary proceedings. (Amended by Stats. 1983, Ch. 143, Sec. 208.)
  152. 626.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    A suspended or dismissed student or employee who is denied campus access must not knowingly enter the campus or facility without written permission from the chief administrative officer.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.2. Every student or employee who, after a hearing or institutional process, has been suspended or dismissed from a community college, a state university, the university, an independent institution of higher education, or a public or private school for disrupting the orderly operation of the campus or facility of the institution, and as a condition of the suspension or dismissal has been denied access to the campus or facility, or both, of the institution for the period of the suspension or in the case of dismissal for a period not to exceed one year; who has been served by registered or certified mail, at the last address given by that person, with a written notice of the suspension or dismissal and condition; and who willfully and knowingly enters upon the campus or facility of the institution to which that person has been denied access, without the express written permission of the chief administrative officer of the campus or facility, is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment. Knowledge shall be presumed if notice has been given as prescribed in this section. The presumption established by this section is a presumption affecting the burden of proof. (Amended by Stats. 2022, Ch. 134, Sec. 2. (SB 748) Effective July 19, 2022.)
  153. 626.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    Campus officials may withdraw consent for a person to remain on campus when there is reasonable cause to believe the person willfully disrupted operations; the person can request a hearing, and unauthorized entry during the withdrawal period can be a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.4. (a) The chief administrative officer of a campus or other facility of a community college, a state university, the university, an independent institution of higher education, or a school, or an officer or employee designated by the chief administrative officer to maintain order on such campus or facility, may notify a person that consent to remain on the campus or other facility under the control of the chief administrative officer has been withdrawn whenever there is reasonable cause to believe that such person has willfully disrupted the orderly operation of such campus or facility. (b) Whenever consent is withdrawn by any authorized officer or employee, other than the chief administrative officer, the officer or employee shall as soon as is reasonably possible submit a written report to the chief administrative officer or designee. The report shall contain all of the following: (1) The description of the person from whom consent was withdrawn, including, if available, the person’s name, address, and phone number. (2) A statement of the facts giving rise to the withdrawal of consent. If the chief administrative officer or, in the chief administrative officer’s absence, a person designated by the chief administrative officer for this purpose, upon reviewing the report, finds that there was reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus or facility, the chief administrative officer may enter written confirmation upon the report of the action taken by the officer or employee. If the chief administrative officer or, in the chief administrative officer’s absence, the person designated by the chief administrative officer, does not confirm the action of the officer or employee within 24 hours after the time that consent was withdrawn, the action of the officer or employee shall be deemed void and of no force or effect, except that any arrest made during such period shall not for this reason be deemed not to have been made for probable cause. (c) Consent shall be reinstated by the chief administrative officer whenever they have reason to believe that the presence of the person from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus or facility. In no case shall consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn. The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the two-week period. The written request shall state the address to which notice of hearing is to be sent. The chief administrative officer shall grant such a hearing not later than seven days from the date of receipt of the request and shall immediately mail a written notice of the time, place, and date of such hearing to such person. (d) Any person who has been notified by the chief administrative officer of a campus or other facility of a community college, a state university, the university, an independent institution of higher education, or a school, or by an officer or employee designated by the chief administrative officer to maintain order on such campus or facility, that consent to remain on the campus or facility has been withdrawn pursuant to subdivision (a); who has not had such consent reinstated; and who willfully and knowingly enters or remains upon such campus or facility during the period for which consent has been withdrawn is guilty of a misdemeanor. This subdivision does not apply to any person who enters or remains on such campus or facility for the sole purpose of applying to the chief administrative officer for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal. (e) This section shall not affect the power of the duly constituted authorities of a community college, a state university, an independent institution of higher education, the university, or a school, to suspend, dismiss, or expel any student or employee at the college, state university, university, an independent institution of higher education, or school. (f) Any person convicted under this section shall be punished by a fine not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment. (g) This section shall not affect the rights of representatives of employee organizations to enter, or remain upon, school grounds while actually engaged in activities related to representation, as provided for in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (Amended by Stats. 2022, Ch. 134, Sec. 3. (SB 748) Effective July 19, 2022.)
  154. 626.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    Campus officials may order certain non-affiliated people to leave if their conduct appears likely to disrupt campus activities; reentry within seven days can be a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.6. (a) If a person who is not a student, officer, or employee of a college, or university, or an independent institution of higher education, and who is not required by their employment to be on the campus or any other facility owned, operated, or controlled by the governing board of that college, university, or an independent institution of higher education enters a campus or facility, and it reasonably appears to the chief administrative officer of the campus or facility, or to an officer or employee designated by the chief administrative officer to maintain order on the campus or facility, that the person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative officer or their designee may direct the person to leave the campus or facility. If that person fails to do so or if the person willfully and knowingly reenters upon the campus or facility within seven days after being directed to leave, the person is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment. (b) The provisions of this section shall not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly. (c) When a person is directed to leave pursuant to subdivision (a), the individual directing the person to leave shall inform the person that if the person reenters the campus or facility within seven days the person will be guilty of a crime. (Amended by Stats. 2022, Ch. 134, Sec. 4. (SB 748) Effective July 19, 2022.)
  155. 626.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    A non-school person who enters certain school property and appears likely to disrupt activities can be directed to leave; failing to leave or returning improperly can be a misdemeanor with jail and fine penalties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.7. (a) If a person who is not a student, officer, or employee of a public school, and who is not required by his or her employment to be on the campus or any other facility owned, operated, or controlled by the governing board of that school, enters a campus or facility outside of the common areas where public business is conducted, and it reasonably appears to the chief administrative officer of the campus or facility, or to an officer or employee designated by the chief administrative officer to maintain order on the campus or facility, that the person is committing any act likely to interfere with the peaceful conduct of the activities of the campus or facility, or has entered the campus or facility for the purpose of committing any such act, the chief administrative officer or his or her designee may direct the person to leave the campus or facility. If that person fails to do so or if the person returns without following the posted requirements to contact the administrative offices of the campus, he or she is guilty of a misdemeanor and shall be punished as follows: (1) Upon a first conviction, by a fine of not more than five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment. (2) If the defendant has been previously convicted once of a violation of any offense defined in this chapter or Section 415.5, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both that imprisonment and a fine of not more than five hundred dollars ($500), and the defendant shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days. (3) If the defendant has been previously convicted two or more times of a violation of any offense defined in this chapter or Section 415.5, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both that imprisonment and a fine of not more than five hundred dollars ($500), and the defendant shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days. For purposes of this section, a representative of a school employee organization engaged in activities related to representation, as provided for in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, shall be deemed a person required by his or her employment to be in a school building or on the grounds of a school. (b) The provisions of this section shall not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly. (c) When a person is directed to leave pursuant to subdivision (a), the person directing him or her to leave shall inform the person that if he or she reenters the campus or facility without following the posted requirements to contact the administrative offices of the campus, he or she will be guilty of a crime. (d) Notwithstanding any other subdivision of this section, the chief administrative officer, or his or her designee, shall allow a person previously directed to leave the campus or facility pursuant to this section to reenter the campus if the person is a parent or guardian of a pupil enrolled at the campus or facility who has to retrieve the pupil for disciplinary reasons, for medical attention, or for a family emergency. (Amended by Stats. 2002, Ch. 343, Sec. 1. Effective January 1, 2003.)
  156. 626.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    People who enter or stay on school property without lawful business and disrupt school activities can be charged with a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.8. (a) Any person who comes into any school building or upon any school ground, or street, sidewalk, or public way adjacent thereto, without lawful business thereon, and whose presence or acts interfere with the peaceful conduct of the activities of the school or disrupt the school or its pupils or school activities, is guilty of a misdemeanor if he or she does any of the following: (1) Remains there after being asked to leave by the chief administrative official of that school or his or her designated representative, or by a person employed as a member of a security or police department of a school district pursuant to Chapter 1 (commencing with Section 38000) of Part 23 of Division 3 of Title 2 of the Education Code, or a city police officer, or sheriff or deputy sheriff, or a Department of the California Highway Patrol peace officer. (2) Reenters or comes upon that place within seven days of being asked to leave by a person specified in paragraph (1). (3) Has otherwise established a continued pattern of unauthorized entry. (4) Willfully or knowingly creates a disruption with the intent to threaten the immediate physical safety of any pupil in preschool, kindergarten, or any of grades 1 to 8, inclusive, arriving at, attending, or leaving from school. (b) Punishment for violation of this section shall be as follows: (1) Upon a first conviction by a fine not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment. (2) If the defendant has been previously convicted once of a violation of any offense defined in this chapter or Section 415.5, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days. (3) If the defendant has been previously convicted two or more times of a violation of any offense defined in this chapter or Section 415.5, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days. (c) As used in this section, the following definitions apply: (1) “Lawful business” means a reason for being present upon school property which is not otherwise prohibited by statute, by ordinance, or by any regulation adopted pursuant to statute or ordinance. (2) “Continued pattern of unauthorized entry” means that on at least two prior occasions in the same school year the defendant came into any school building or upon any school ground, or street, sidewalk, or public way adjacent thereto, without lawful business thereon, and his or her presence or acts interfered with the peaceful conduct of the activities of the school or disrupted the school or its pupils or school activities, and the defendant was asked to leave by a person specified in paragraph (1) of subdivision (a). (3) “School” means any preschool or public or private school having kindergarten or any of grades 1 to 12, inclusive. (d) When a person is directed to leave pursuant to paragraph (1) of subdivision (a), the person directing him or her to leave shall inform the person that if he or she reenters the place within seven days he or she will be guilty of a crime. (e) This section shall not be utilized to impinge upon the lawful exercise of constitutionally protected rights of speech or assembly. (Amended by Stats. 2011, Ch. 161, Sec. 1. (AB 123) Effective January 1, 2012.)
  157. 626.81.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    Registered sex offenders may not enter school buildings or school grounds without lawful business and written permission from the school’s chief administrative official.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.81. (a) A person who is required to register as a sex offender pursuant to Section 290, who comes into any school building or upon any school ground without lawful business thereon and written permission indicating the date or dates and times for which permission has been granted from the chief administrative official of that school, is guilty of a misdemeanor. (b) (1) The chief administrative official of a school may grant a person who is subject to this section and not a family member of a pupil who attends that school, permission to come into a school building or upon the school grounds to volunteer at the school, provided that, notwithstanding subdivisions (a) and (c) of Section 290.45, at least 14 days prior to the first date for which permission has been granted, the chief administrative official notifies or causes to be notified the parent or guardian of each child attending the school that a person who is required to register as a sex offender pursuant to Section 290 has been granted permission to come into a school building or upon school grounds, the date or dates and times for which permission has been granted, and his or her right to obtain information regarding the person from a designated law enforcement entity pursuant to Section 290.45. The notice required by this paragraph shall be provided by one of the methods identified in Section 48981 of the Education Code. (2) Any chief administrative official or school employee who in good faith disseminates the notification and information as required by paragraph (1) shall be immune from civil liability for action taken in accordance with that paragraph. (c) Punishment for a violation of this section shall be as follows: (1) Upon a first conviction by a fine of not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both the fine and imprisonment. (2) If the defendant has been previously convicted once of a violation of this section, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days. (3) If the defendant has been previously convicted two or more times of a violation of this section, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days. (d) Nothing in this section shall preclude or prohibit prosecution under any other provision of law. (Amended by Stats. 2013, Ch. 279, Sec. 1. (SB 326) Effective January 1, 2014.)
  158. 626.85.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    A specified drug offender generally may not enter or stay in school-related areas, and can commit a misdemeanor by reentering within seven days or showing a continued pattern of unauthorized entry.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.85. (a) Any specified drug offender who, at any time, comes into any school building or upon any school ground, or adjacent street, sidewalk, or public way, unless the person is a parent or guardian of a child attending that school and his or her presence is during any school activity, or is a student at the school and his or her presence is during any school activity, or has prior written permission for the entry from the chief administrative officer of that school, is guilty of a misdemeanor if he or she does any of the following: (1) Remains there after being asked to leave by the chief administrative officer of that school or his or her designated representative, or by a person employed as a member of a security or police department of a school district pursuant to Section 39670 of the Education Code, or a city police officer, sheriff, or a Department of the California Highway Patrol peace officer. (2) Reenters or comes upon that place within seven days of being asked to leave by a person specified in paragraph (1) of subdivision (a). (3) Has otherwise established a continued pattern of unauthorized entry. This section shall not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or to prohibit any lawful act, including picketing, strikes, or collective bargaining. (b) Punishment for violation of this section shall be as follows: (1) Upon a first conviction, by a fine not exceeding one thousand dollars ($1,000), by imprisonment in the county jail for a period of not more than six months, or by both that fine and imprisonment. (2) If the defendant has been previously convicted once of a violation of any offense defined in this chapter or Section 415.5, by imprisonment in the county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000), and the defendant shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days. (3) If the defendant has been previously convicted two or more times of a violation of any offense defined in this chapter or Section 415.5, by imprisonment in the county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000), and the defendant shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days. (c) As used in this section: (1) “Specified drug offender” means any person who, within the immediately preceding three years, has a felony or misdemeanor conviction of either: (A) Unlawful sale, or possession for sale, of any controlled substance, as defined in Section 11007 of the Health and Safety Code. (B) Unlawful use, possession, or being under the influence of any controlled substance, as defined in Section 11007 of the Health and Safety Code, where that conviction was based on conduct which occurred, wholly or partly, in any school building or upon any school ground, or adjacent street, sidewalk, or public way. (2) “Continued pattern of unauthorized entry” means that on at least two prior occasions in the same calendar year the defendant came into any school building or upon any school ground, or adjacent street, sidewalk, or public way, and the defendant was asked to leave by a person specified in paragraph (1) of subdivision (a). (3) “School” means any preschool or public or private school having any of grades kindergarten to 12, inclusive. (4) “School activity” means and includes any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 30-minute periods immediately preceding and following any session, activity, or event. (d) When a person is directed to leave pursuant to paragraph (1) of subdivision (a), the person directing him or her to leave shall inform the person that if he or she reenters the place he or she will be guilty of a crime. (Amended by Stats. 2008, Ch. 726, Sec. 4. Effective January 1, 2009.)
  159. 626.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    This section bans possessing a firearm in a school zone and bans reckless discharge in a school zone, with listed exceptions and specific prison terms.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995. (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone as defined in paragraph (4) of subdivision (e), shall be punished as specified in subdivision (f). (c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances: (1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful. (2) (A) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person is within a locked container in a motor vehicle or is within the locked trunk of a motor vehicle at all times. (B) This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law. (3) When the person possessing the firearm reasonably believes that they are in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to their life or safety. This subdivision does not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that they were in grave danger. (4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645. (5) When the person holds a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, who is carrying that firearm in an area that is within a distance of 1,000 feet from the grounds of the public or private school, but is not within any building, real property, or parking area under the control of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or on a street or sidewalk immediately adjacent to a building, real property, or parking area under the control of that public or private school. Nothing in this paragraph shall prohibit a person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 from carrying a firearm in accordance with that license as provided in subdivisions (b), (c), or (e) of Section 26230. (d) Except as provided in subdivision (b), it shall be unlawful for any person, with reckless disregard for the safety of another, to discharge, or attempt to discharge, a firearm in a school zone as defined in paragraph (4) of subdivision (e). The prohibition contained in this subdivision does not apply to the discharge of a firearm to the extent that the conditions of paragraph (1) of subdivision (c) are satisfied. (e) As used in this section, the following definitions shall apply: (1) “Concealed firearm” has the same meaning as that term is given in Sections 25400 and 25610. (2) “Firearm” has the same meaning as that term is given in subdivisions (a) to (d), inclusive, of Section 16520. (3) “Locked container” has the same meaning as that term is given in Section 16850. (4) “School zone” means an area in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, or within a distance of 1,000 feet from the grounds of the public or private school. (f) (1) A person who violates subdivision (b) by possessing a firearm in, or on the grounds of, a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years. (2) A person who violates subdivision (b) by possessing a firearm within a distance of 1,000 feet from the grounds of a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive, shall be punished as follows: (A) By imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, if any of the following circumstances apply: (i) If the person previously has been convicted of any felony, or of any crime made punishable by any provision listed in Section 16580. (ii) If the person is within a class of persons prohibited from possessing or acquiring a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of Title 4 of Part 6 of this code or Section 8100 or 8103 of the Welfare and Institutions Code. (iii) If the firearm is any pistol, revolver, or other firearm capable of being concealed upon the person and the offense is punished as a felony pursuant to Section 25400. (B) By imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, in all cases other than those specified in subparagraph (A). (3) A person who violates subdivision (d) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years. (g) (1) A person convicted under this section for a misdemeanor violation of subdivision (b) who has been convicted previously of a misdemeanor offense enumerated in Section 23515 shall be punished by imprisonment in a county jail for not less than three months, or if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that they be imprisoned in a county jail for not less than three months. (2) A person convicted under this section of a felony violation of subdivision (b) or (d) who has been convicted previously of a misdemeanor offense enumerated in Section 23515, if probation is granted or if the execution of sentence is suspended, it shall be a condition thereof that they be imprisoned in a county jail for not less than three months. (3) A person convicted under this section for a felony violation of subdivision (b) or (d) who has been convicted previously of any felony, or of any crime made punishable by any provision listed in Section 16580, if probation is granted or if the execution or imposition of sentence is suspended, it shall be a condition thereof that they be imprisoned in a county jail for not less than three months. (4) The court shall apply the three-month minimum sentence specified in this subdivision, except in unusual cases where the interests of justice would best be served by granting probation or suspending the execution or imposition of sentence without the minimum imprisonment required in this subdivision or by granting probation or suspending the execution or imposition of sentence with conditions other than those set forth in this subdivision, in which case the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by this disposition. (h) Notwithstanding Section 25605, any person who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, their designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (i) Notwithstanding Section 25605, any person who brings or possesses a firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property, unless it is with the written permission of the university or college president, their designee, or equivalent university or college authority, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years. Notwithstanding subdivision (k), a university or college shall post a prominent notice at primary entrances on noncontiguous property stating that firearms are prohibited on that property pursuant to this subdivision. (j) For purposes of this section, a firearm shall be deemed to be loaded when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm. A muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (k) This section does not require that notice be posted regarding the proscribed conduct. (l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while they are actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of their duties, or an armored vehicle guard, engaged in the performance of their duties as defined in subdivision (d) of Section 7582.1 of the Business and Professions Code. (m) This section does not apply to a security guard authorized to carry a loaded firearm pursuant to Article 4 (commencing with Section 26000) of Chapter 3 of Division 5 of Title 4 of Part 6. (n) This section does not apply to an existing shooting range at a public or private school or university or college campus. (o) This section does not apply to an honorably retired peace officer authorized to carry a concealed or loaded firearm pursuant to any of the following: (1) Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (2) Section 25650. (3) Sections 25900 to 25910, inclusive. (4) Section 26020. (5) Paragraph (2) of subdivision (c) of Section 26300. (p) This section does not apply to a peace officer appointed pursuant to Section 830.6 who is authorized to carry a firearm by the appointing agency. (q) (1) This section does not apply to the activities of a program involving shooting sports or activities, including, but not limited to, trap shooting, skeet shooting, sporting clays, and pistol shooting, that are sanctioned by a school, school district, college, university, or other governing body of the institution, that occur on the grounds of a public or private school or university or college campus. (2) This section does not apply to the activities of a state-certified hunter education program pursuant to Section 3051 of the Fish and Game Code if all firearms are unloaded and participants do not possess live ammunition in a school building. (Amended by Stats. 2023, Ch. 249, Sec. 6. (SB 2) Effective January 1, 2024.)
  160. 626.91.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    Possession of ammunition on school grounds is governed by Section 30310.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.91. Possession of ammunition on school grounds is governed by Section 30310. (Added by Stats. 2010, Ch. 711, Sec. 1. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  161. 626.92.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    Section 626.9 does not apply to certain security guards and honorably retired peace officers when they are authorized to openly carry specified unloaded firearms.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.92. Section 626.9 does not apply to or affect any of the following: (a) A security guard authorized to openly carry an unloaded handgun pursuant to Chapter 6 (commencing with Section 26350) of Division 5 of Title 4 of Part 6. (b) An honorably retired peace officer authorized to openly carry an unloaded handgun pursuant to Section 26361. (c) A security guard authorized to openly carry an unloaded firearm that is not a handgun pursuant to Chapter 7 (commencing with Section 26400) of Division 5 of Title 4 of Part 6. (d) An honorably retired peace officer authorized to openly carry an unloaded firearm that is not a handgun pursuant to Section 26405. (Amended by Stats. 2012, Ch. 700, Sec. 3. (AB 1527) Effective January 1, 2013.)
  162. 626.95.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. )

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    People who violate certain firearm-related laws on playgrounds or in youth centers, with knowledge they are there, can be jailed or imprisoned; state and local authorities are encouraged to post warning signs.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1. Schools [626 - 626.11] ( Chapter 1 added by Stats. 1969, Ch. 1424. ) ## 626.95. (a) Any person who is in violation of paragraph (2) of subdivision (a), or subdivision (b), of Section 417, or Section 25400 or 25850, upon the grounds of or within a playground, or a public or private youth center during hours in which the facility is open for business, classes, or school-related programs, or at any time when minors are using the facility, knowing that he or she is on or within those grounds, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years, or in a county jail not exceeding one year. (b) State and local authorities are encouraged to cause signs to be posted around playgrounds and youth centers giving warning of prohibition of the possession of firearms upon the grounds of or within playgrounds or youth centers. (c) For purposes of this section, the following definitions shall apply: (1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city or county parks. (2) “Youth center” means any public or private facility that is used to host recreational or social activities for minors while minors are present. (d) It is the Legislature’s intent that only an actual conviction of a felony of one of the offenses specified in this section would subject the person to firearms disabilities under the federal Gun Control Act of 1968 (P.L. 90-618; 18 U.S.C. Sec. 921 et seq.). (Amended by Stats. 2013, Ch. 76, Sec. 147.3. (AB 383) Effective January 1, 2014.)
  163. 6260.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. )

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    The Legislature states findings about prison overcrowding, reentry programs, and work furlough programs for certain inmates.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. ) ## 6260. The Legislature finds and declares the following: that overcrowding in correctional institutions is not a desirable method of housing state inmates; that other methods of housing should be developed for appropriate state inmates, particularly if they can be less costly; that reentry programs for inmates who are nearing the completion of their term of incarceration provides a more normal environment and an opportunity to begin reintegrating into society; and that work furlough programs are appropriate only for specified types of inmates for a limited period of time prior to release back into society; and that existing law already recognizes the appropriateness of placing inmates in community facilities. (Added by Stats. 1980, Ch. 596, Sec. 1.)
  164. 6261.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. )

    Verify source ↗

    The Department of Corrections must contract with eligible nonprofit and for-profit corporations to provide reentry work furlough programs, including a minimum share of beds for private nonprofit and profit corporations, unless beds are unavailable or noncompliant.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. ) ## 6261. (a) To the extent that public and private nonprofit and profit corporations have available beds and satisfy the criteria specified in this chapter, the Department of Corrections shall contract with them to provide reentry work furlough programs for all inmates 120 days prior to scheduled release and who are not excluded under this chapter. (b) The Department of Corrections shall contract with private nonprofit and profit corporations for at least 1/3 of all reentry work furlough beds, unless the department determines these beds are not available or do not comply with this chapter. The department shall report annually in writing to the fiscal and appropriate policy committees of the Legislature of the actions performed to locate those beds or reasons for noncompliance. This provision shall not be interpreted to impair existing contracts. (Amended by Stats. 1988, Ch. 1608, Sec. 5.)
  165. 6262.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. )

    Verify source ↗

    The Department of Corrections may contract with qualifying public or private nonprofit or for-profit corporations for work furlough programs.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. ) ## 6262. The Department of Corrections may contract with a public or private nonprofit or profit corporation meeting all the following conditions: (a) Availability of a work furlough facility in compliance with standards established by the Department of Corrections. (b) Location of a facility in proximity to geographical areas providing employment opportunities and public transportation services. (c) Cost proposals equal to or less than the per capita amount for housing in a correctional institution, including administrative costs. (d) Criteria for placement that does not differ significantly from the policies of the Department of Corrections. (e) Submission by the agency of operational guidelines that are approved by the Department of Corrections pursuant to its classification manual. (f) Compliance with other requirements deemed appropriate by the Department of Corrections, including, but not limited to, visiting procedures, 24-hour security, and recreation. (g) Efficient fiscal management and financially solvent. (Added by Stats. 1980, Ch. 596, Sec. 1.)
  166. 6263.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. )

    Verify source ↗

    The Department of Corrections must deny reentry work furlough placement when an inmate poses an unreasonable risk to the public or when listed risk factors apply, except in unusual circumstances.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. ) ## 6263. (a) The Department of Corrections shall deny placement in a reentry work furlough program if it determines that an inmate would pose an unreasonable risk to the public, or if any one of the following factors exist, except in unusual circumstances, including, but not limited to, the remoteness in time of the commission of the offense: (1) Conviction of a crime involving sex or arson. (2) History of forced escape, or of drug use, sales, or addiction. (3) Parole program or employment outside the area served by the facility. (4) History of serious institutional misconduct. (5) Prior placement in a protective housing unit within a correctional institution, except a person placed there while assisting a public entity in a civil or criminal matter. (6) More than one conviction of a crime of violence. (b) Nothing in this section shall be interpreted to limit the discretion of the Department of Corrections to deny placement when the provisions of subdivision (a) do not apply. (c) Inmates transferred to reentry work furlough remain under the legal custody of the department and shall be subject at any time, pursuant to the rules and regulations of the Director of Corrections, to be detained in the county jail upon the exercise of a state parole or correctional officer’s peace officer powers as specified in Section 830.5, with the consent of the sheriff or corresponding official having jurisdiction over the facility. (Amended by Stats. 1984, Ch. 961, Sec. 5. Effective September 10, 1984.)
  167. 6264.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. )

    Verify source ↗

    The Department of Corrections must review each inmate for work furlough consideration at least 120 days before the inmate’s scheduled parole 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. ) ## 6264. The Department of Corrections shall review each inmate for work furlough consideration at least 120 days prior to his or her scheduled parole date. (Added by Stats. 1980, Ch. 596, Sec. 1.)
  168. 6265.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. )

    Verify source ↗

    An inmate who violates work furlough conditions set by the Department of Corrections is subject to disciplinary procedures in the classification manual.

    ## 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 9.6. Work Furlough Programs [6260 - 6265] ( Chapter 9.6 added by Stats. 1980, Ch. 596, Sec. 1. ) ## 6265. Any inmate violating the conditions of the work furlough prescribed by the Department of Corrections shall be subject to the disciplinary procedures identified in its classification manual. (Added by Stats. 1980, Ch. 596, Sec. 1.)
  169. 6267.

    ## 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 9.7. Special Facilities [6267- 6267.] ( Chapter 9.7 added by Stats. 2003, Ch. 708, Sec. 2. )

    Verify source ↗

    The department may set up and run skilled nursing facilities for certain inmates, must secure and review the arrangement, and the contractor must get the required license.

    ## 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 9.7. Special Facilities [6267- 6267.] ( Chapter 9.7 added by Stats. 2003, Ch. 708, Sec. 2. ) ## 6267. (a) (1) The Legislature finds and declares that the purpose of the program authorized under this section is to address the special needs of inmates with regard to the provision of long-term care in skilled nursing facilities. (2) The department may contract with public or private entities for the establishment and operation of skilled nursing facilities for the incarceration and care of inmates who are limited in ability to perform activities of daily living and who are in need of skilled nursing services. The skilled nursing facility under contract pursuant to this section shall address the long-term care of inmates as needed. In addition, the facility shall be designed to maximize the personal security of inmates, to maximize the security of the facility, and to ensure the safety of the outside community at large. (b) The department shall provide for the security of the facility in order to ensure the safety of the outside community at large. (c) The department shall enter into an agreement for transfer of prisoners to, or placement of prisoners in, skilled nursing facilities pursuant to this section. (d) The facility contractor shall ensure that the facility meets all licensing requirements by obtaining a license for the skilled nursing facility, as that term is defined in Section 1250 of the Health and Safety Code. (e) The department shall provide for the review of any agreement entered into under this section to determine if the facility contractor is in compliance with the requirements of this section, and may revoke the agreement if the facility contractor is not in compliance. (f) The Department of Corrections ombudsman program shall provide ombudsman services to prisoner residents of the department-contracted skilled nursing facilities. (g) Notwithstanding the provisions of Chapter 11 (commencing with Section 9700) of Division 8.5 of the Welfare and Institutions Code, the Office of the State Long-Term Care Ombudsman shall be exempt from advocating on behalf of, or investigating complaints on behalf of residents of any skilled nursing facilities operated either directly or by contract by the Department of Corrections. (h) As used in this section, “long-term care” means personal or supportive care services provided to people of all ages with physical or mental disabilities who need assistance with activities of daily living including bathing, eating, dressing, toileting, transferring, and ambulation. (Added by Stats. 2003, Ch. 708, Sec. 2. Effective January 1, 2004.)
  170. 627.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s purpose in restricting unauthorized access to public school grounds while protecting legitimate nonviolent visits and protected expression.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627. (a) The Legislature finds the following: (1) Violent crimes perpetrated on public school grounds interfere with the education of students and threaten the health and safety of teachers, other employees, and students. (2) Many serious crimes of violence are committed on school grounds by persons who are neither students nor school employees and who are not otherwise authorized to be present on school grounds. (3) School officials and law enforcement officers, in seeking to control these persons, have been hindered by the lack of effective legislation restricting the access of unauthorized persons to school grounds and providing appropriate criminal sanctions for unauthorized entry. (b) The Legislature declares that the purpose of this chapter is to safeguard the teachers, other employees, students, and property of public schools. The Legislature recognizes the right to visit school grounds for legitimate nonviolent purposes and does not intend by this enactment to interfere with the exercise of that right. (c) The Legislature finds and declares that a disproportionate share of crimes committed on school campuses are committed by persons who are neither students, school officials, or staff, and who have no lawful business on the school grounds. It is the intent of the Legislature in enacting this chapter to promote the safety and security of the public schools by restricting and conditioning the access of unauthorized persons to school campuses and to thereby implement the provisions of Section 28 of Article 1 of the California Constitution which guarantee all students and staff the inalienable constitutional right to attend safe, secure, and peaceful public schools. It is also the intent of the Legislature that the provisions of this chapter shall not be construed to infringe upon the legitimate exercise of constitutionally protected rights of freedom of speech and expression which may be expressed through rallies, demonstrations, and other forms of expression which may be appropriately engaged in by students and nonstudents in a campus setting. (Amended by Stats. 1984, Ch. 395, Sec. 1.)
  171. 627.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on access to public school premises.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.1. As used in this chapter, with regard to a public school: (a) An “outsider” is any person other than: (1) A student of the school; except that a student who is currently suspended from the school shall be deemed an outsider for purposes of this chapter. (2) A parent or guardian of a student of the school. (3) An officer or employee of the school district that maintains the school. (4) A public employee whose employment requires him or her to be on school grounds, or any person who is on school grounds at the request of the school. (5) A representative of a school employee organization who is engaged in activities related to the representation of school employees. (6) An elected public official. (7) A person who comes within the provisions of Section 1070 of the Evidence Code by virtue of his or her current employment or occupation. (b) “School grounds” are the buildings and grounds of the public school. (c) “School hours” extend from one hour before classes begin until one hour after classes end. (d) “Principal” is the chief administrative officer of the public school. (e) “Designee” is a person whom the principal has authorized to register outsiders pursuant to this chapter. (f) “Superintendent” is the superintendent of the school district that maintains the school or a person (other than the principal or someone employed under the principal’s supervision) who the superintendent has authorized to conduct hearings pursuant to Section 627.5. (Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.)
  172. 627.10.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    A person on school grounds who violates another law may still be punished for that violation, even if not registered under this chapter, but punishment cannot be imposed contrary to Section 654.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.10. A person whose presence or conduct on school grounds violates another provision of law may be punished for that violation, regardless of whether he or she was registered pursuant to this chapter at the time of the violation; but no punishment shall be imposed contrary to Section 654. (Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.)
  173. 627.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    Outsiders may not enter or stay on school grounds during school hours unless they have registered with the principal or designee, and they must follow any posted signs that restrict the route to the office for registration.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.2. No outsider shall enter or remain on school grounds during school hours without having registered with the principal or designee, except to proceed expeditiously to the office of the principal or designee for the purpose of registering. If signs posted in accordance with Section 627.6 restrict the entrance or route that outsiders may use to reach the office of the principal or designee, an outsider shall comply with such signs. (Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.)
  174. 627.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    An outsider seeking to register must, on request, give the principal or designee specified personal details and proof of identity.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.3. In order to register, an outsider shall upon request furnish the principal or designee with the following: (1) His or her name, address, and occupation. (2) His or her age, if less than 21. (3) His or her purpose in entering school grounds. (4) Proof of identity. (5) Other information consistent with the purposes of this chapter and with other provisions of law. No person who furnishes the information and the proof of identity required by this section shall be refused registration except as provided by Section 627.4. (Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.)
  175. 627.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    School officials may refuse to register or may revoke the registration of an outsider if they have a reasonable basis to think the outsider would disrupt school operations, cause property damage, or involve unlawful or controlled substances.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.4. (a) The principal or his or her designee may refuse to register an outsider if he or she has a reasonable basis for concluding that the outsider’s presence or acts would disrupt the school, its students, its teachers, or its other employees; would result in damage to property; or would result in the distribution or use of unlawful or controlled substances. (b) The principal, his or her designee, or school security officer may revoke an outsider’s registration if he or she has a reasonable basis for concluding that the outsider’s presence on school grounds would interfere or is interfering with the peaceful conduct of the activities of the school, or would disrupt or is disrupting the school, its students, its teachers, or its other employees. (Repealed and added by Stats. 1984, Ch. 395, Sec. 3.)
  176. 627.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    A person denied registration, or whose registration is revoked, may request a hearing before the principal or superintendent, and the request must be made in writing within five days.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.5. Any person who is denied registration or whose registration is revoked may request a hearing before the principal or superintendent on the propriety of the denial or revocation. The request shall be in writing, shall state why the denial or revocation was improper, shall give the address to which notice of hearing is to be sent, and shall be delivered to either the principal or the superintendent within five days after the denial or revocation. The principal or superintendent shall promptly mail a written notice of the date, time, and place of the hearing to the person who requested the hearing. A hearing before the principal shall be held within seven days after the principal receives the request. A hearing before the superintendent shall be held within seven days after the superintendent receives the request. (Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.)
  177. 627.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    Public schools covered by this chapter must post signs at each entrance to the school grounds.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.6. At each entrance to the school grounds of every public school at which this chapter is in force, signs shall be posted specifying the hours during which registration is required pursuant to Section 627.2, stating where the office of the principal or designee is located and what route to take to that office, and setting forth the applicable requirements of Section 627.2 and the penalties for violation of this chapter. (Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.)
  178. 627.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    An outsider must leave school grounds promptly when told to leave and must stay off for 7 days; violating this can be a misdemeanor with jail, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.7. (a) It is a misdemeanor punishable by imprisonment in the county jail not to exceed six months, or by a fine not to exceed five hundred dollars ($500), or by both, for an outsider to fail or refuse to leave the school grounds promptly after the principal, designee, or school security officer has requested the outsider to leave or to fail to remain off the school grounds for 7 days after being requested to leave, if the outsider does any of the following: (1) Enters or remains on school grounds without having registered as required by Section 627.2. (2) Enters or remains on school grounds after having been denied registration pursuant to subdivision (a) of Section 627.4. (3) Enters or remains on school grounds after having registration revoked pursuant to subdivision (b) of Section 627.4. (b) The provisions of this section shall not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly. (c) When a person is directed to leave pursuant to subdivision (a), the person directing him or her to leave shall inform the person that if he or she reenters the place within 7 days he or she will be guilty of a crime. (Amended by Stats. 1989, Ch. 1054, Sec. 3.)
  179. 627.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

    Verify source ↗

    An outsider who willfully and knowingly violates this chapter after the stated prior convictions can be punished with jail, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.8. Every outsider who willfully and knowingly violates this chapter after having been previously convicted of a violation of this chapter committed within seven years of the date of two or more prior violations that resulted in conviction, shall be punished by imprisonment in the county jail for not less than 10 days nor more than six months, or by both such imprisonment and a fine not exceeding five hundred dollars ($500). (Amended by Stats. 1984, Ch. 395, Sec. 6.)
  180. 627.8a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

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    Penalties under this chapter are to be used to prevent, deter, and punish crimes on school campuses, and not to infringe constitutionally protected free speech or assembly rights.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.8a. The penalties imposed by the provisions of this chapter shall be utilized to prevent, deter, and punish those committing crimes on school campuses. The penalties imposed by the provisions of this chapter shall not be utilized to infringe upon the legitimate exercise of constitutionally protected rights of free speech or assembly. (Added by Stats. 1984, Ch. 395, Sec. 7.)
  181. 627.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. )

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    A school district governing board may exempt schools or school grounds from this chapter, make exceptions for certain outsiders, and let principals grant individual exemptions in writing.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.1. Access to School Premises [627 - 627.10] ( Chapter 1.1 added by Stats. 1982, Ch. 76, Sec. 1. ) ## 627.9. The governing board of any school district may: (a) Exempt the district or any school or class of schools in the district from the operation of this chapter. (b) Make exceptions to Section 627.2 for particular classes of outsiders. (c) Authorize principals to exempt individual outsiders from the operation of Section 627.2; but any such exemption shall be in a writing which is signed and dated by the principal and which specifies the person or persons exempted and the date on which the exemption will expire. (d) Exempt, or authorize principals to exempt, designated portions of school grounds from the operation of this chapter during some or all school hours. (Added by Stats. 1982, Ch. 76, Sec. 1. Effective March 1, 1982.)
  182. 628.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.3. Massage Therapy [628 - 628.5] ( Chapter 1.3 added by Stats. 2011, Ch. 149, Sec. 1. )

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    A person must not falsely certify or affirm that someone received massage therapy instruction when they know that is untrue.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.3. Massage Therapy [628 - 628.5] ( Chapter 1.3 added by Stats. 2011, Ch. 149, Sec. 1. ) ## 628. A person who provides a certificate, transcript, diploma, or other document, or otherwise affirms that a person has received instruction in massage therapy knowing that the person has not received instruction in massage therapy or knowing that the person has not received massage therapy instruction consistent with that document or affirmation is guilty of a misdemeanor and is punishable by a fine of not more than two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (Added by Stats. 2011, Ch. 149, Sec. 1. (SB 285) Effective January 1, 2012.)
  183. 628.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.3. Massage Therapy [628 - 628.5] ( Chapter 1.3 added by Stats. 2011, Ch. 149, Sec. 1. )

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    If someone is prosecuted for a law violation connected to massage therapy, the arresting law enforcement agency may give the California Massage Therapy Council information about the massage therapy instruction the person received.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.3. Massage Therapy [628 - 628.5] ( Chapter 1.3 added by Stats. 2011, Ch. 149, Sec. 1. ) ## 628.5. For any person that is criminally prosecuted for a violation of law in connection with massage therapy, including for crimes relating to prostitution, the arresting law enforcement agency may provide to the California Massage Therapy Council, created pursuant to Section 4600.5 of the Business and Professions Code, information concerning the massage therapy instruction received by the person prosecuted, including the name of the school attended, if any. (Added by Stats. 2011, Ch. 149, Sec. 1. (SB 285) Effective January 1, 2012.)
  184. 629.50.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Applications for wire or electronic interception orders must be made in writing under oath or affirmation and include specified facts and supporting details.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.50. (a) Each application for an order authorizing the interception of a wire or electronic communication shall be made in writing upon the personal oath or affirmation of the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or of a district attorney, or the person designated to act as district attorney in the district attorney’s absence, to the presiding judge of the superior court or one other judge designated by the presiding judge. An ordered list of additional judges may be authorized by the presiding judge to sign an order authorizing an interception. One of these judges may hear an application and sign an order only if that judge makes a determination that the presiding judge, the first designated judge, and those judges higher on the list are unavailable. Each application shall include all of the following information: (1) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application. (2) The identity of the law enforcement agency that is to execute the order. (3) A statement attesting to a review of the application and the circumstances in support thereof by the chief executive officer, or his or her designee, of the law enforcement agency making the application. This statement shall name the chief executive officer or the designee who effected this review. (4) A full and complete statement of the facts and circumstances relied upon by the applicant to justify his or her belief that an order should be issued, including (A) details as to the particular offense that has been, is being, or is about to be committed, (B) the fact that conventional investigative techniques had been tried and were unsuccessful, or why they reasonably appear to be unlikely to succeed or to be too dangerous, (C) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (D) a particular description of the type of communication sought to be intercepted, and (E) the identity, if known, of the person committing the offense and whose communications are to be intercepted, or if that person’s identity is not known, then the information relating to the person’s identity that is known to the applicant. (5) A statement of the period of time for which the interception is required to be maintained, and if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of the facts establishing probable cause to believe that additional communications of the same type will occur thereafter. (6) A full and complete statement of the facts concerning all previous applications known, to the individual authorizing and to the individual making the application, to have been made to any judge of a state or federal court for authorization to intercept wire or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each of those applications. This requirement may be satisfied by making inquiry of the California Attorney General and the United States Department of Justice and reporting the results of these inquiries in the application. (7) If the application is for the extension of an order, a statement setting forth the number of communications intercepted pursuant to the original order, and the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results. (8) An application for modification of an order may be made when there is probable cause to believe that the person or persons identified in the original order have commenced to use a facility or device that is not subject to the original order. Any modification under this subdivision shall only be valid for the period authorized under the order being modified. The application for modification shall meet all of the requirements in paragraphs (1) to (6), inclusive, and shall include a statement of the results thus far obtained from the interception, or a reasonable explanation for the failure to obtain results. (b) The judge may require the applicant to furnish additional testimony or documentary evidence in support of an application for an order under this section. (c) The judge shall accept a facsimile copy of the signature of any person required to give a personal oath or affirmation pursuant to subdivision (a) as an original signature to the application. The original signed document shall be sealed and kept with the application pursuant to the provisions of Section 629.66 and custody of the original signed document shall be in the same manner as the judge orders for the application. (Amended by Stats. 2010, Ch. 707, Sec. 1. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  185. 629.51.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    This section defines key terms used in the chapter on interception of wire and electronic communications.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.51. (a) For the purposes of this chapter, the following terms have the following meanings: (1) “Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of a like connection in a switching station), furnished or operated by any person engaged in providing or operating these facilities for the transmission of communications. (2) “Electronic communication” means any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system, but does not include any of the following: (A) Any wire communication defined in paragraph (1). (B) Any communication made through a tone-only paging device. (C) Any communication from a tracking device. (D) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (3) “Tracking device” means an electronic or mechanical device that permits the tracking of the movement of a person or object. (4) “Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception. (5) (A) “Prohibited violation” means any violation of law that creates liability for, or arising out of, either of the following: (i) Providing, facilitating, or obtaining a legally protected health care activity, as defined in Section 1549.15, that is lawful under California law. (ii) Intending or attempting to provide, facilitate, or obtain a legally protected health care activity, as defined in Section 1549.15, that is lawful under California law. (B) As used in this paragraph, “facilitating” or “facilitate” means assisting, directly or indirectly in any way, with the obtaining of a legally protected health care activity, as defined in Section 1549.15, that is lawful under California law. (b) This chapter applies to the interceptions of wire and electronic communications. It does not apply to stored communications or stored content. (c) The act that added this subdivision is not intended to change the law as to stored communications or stored content. (Amended by Stats. 2025, Ch. 679, Sec. 9. (AB 82) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  186. 629.52.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A judge may issue an ex parte interception order if the listed probable-cause and necessity conditions are met, but a magistrate may not issue such an order for a prohibited violation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.52. Upon application made under Section 629.50, the judge may enter an ex parte order, as requested or modified, authorizing interception of wire or electronic communications initially intercepted within the territorial jurisdiction of the court in which the judge is sitting, if the judge determines, on the basis of the facts submitted by the applicant, all of the following: (a) There is probable cause to believe that an individual is committing, has committed, or is about to commit, one of the following offenses: (1) Importation, possession for sale, transportation, manufacture, or sale of controlled substances in violation of Section 11351, 11351.5, 11352, 11370.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code with respect to a substance containing heroin, cocaine, PCP, methamphetamine, fentanyl, or their precursors or analogs where the substance exceeds 10 gallons by liquid volume or three pounds of solid substance by weight. (2) Murder, solicitation to commit murder, a violation of Section 209, or the commission of a felony involving a destructive device in violation of Section 18710, 18715, 18720, 18725, 18730, 18740, 18745, 18750, or 18755. (3) A felony violation of Section 186.22. (4) A felony violation of Section 11418, relating to weapons of mass destruction, Section 11418.5, relating to threats to use weapons of mass destruction, or Section 11419, relating to restricted biological agents. (5) A violation of Section 236.1. (6) A felony violation of subdivision (b) or (d) of Section 311.2 or subdivision (b) or (c) of Section 311.4. (7) An attempt or conspiracy to commit any of the above-mentioned crimes. (b) There is probable cause to believe that particular communications concerning the illegal activities will be obtained through that interception, including, but not limited to, communications that may be utilized for locating or rescuing a kidnap victim. (c) There is probable cause to believe that the facilities from which, or the place where, the wire or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person whose communications are to be intercepted. (d) Normal investigative procedures have been tried and have failed or reasonably appear either unlikely to succeed if tried or too dangerous. (e) Notwithstanding any other provision in this section, no magistrate shall enter an ex parte order authorizing interception of wire or electronic communications for the purpose of investigating or recovering evidence of a prohibited violation, as defined in Section 629.51. (Amended by Stats. 2024, Ch. 363, Sec. 1. (AB 1892) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Section 629.98. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
  187. 629.53.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    The Judicial Council may set guidelines for judges when they grant interception orders for wire or electronic communications.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.53. The Judicial Council may establish guidelines for judges to follow in granting an order authorizing the interception of any wire or electronic communications. (Amended by Stats. 2010, Ch. 707, Sec. 4. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  188. 629.54.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Orders authorizing interception of wire or electronic communications must list specific information about the target, facilities or place, communication type, related illegal activity, authorized agency and applicant, and the interception period.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.54. Each order authorizing the interception of any wire or electronic communication shall specify all of the following: (a) The identity, if known, of the person whose communications are to be intercepted, or if the identity is not known, then that information relating to the person’s identity known to the applicant. (b) The nature and location of the communication facilities as to which, or the place where, authority to intercept is granted. (c) A particular description of the type of communication sought to be intercepted, and a statement of the illegal activities to which it relates. (d) The identity of the agency authorized to intercept the communications and of the person making the application. (e) The period of time during which the interception is authorized including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained. (Amended by Stats. 2010, Ch. 707, Sec. 5. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  189. 629.56.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A judge may orally approve an interception without an order if specified officials apply informally and the judge finds the required emergency and probable-cause findings.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.56. (a) Upon informal application by the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or a district attorney, or the person designated to act as district attorney in the district attorney’s absence, the presiding judge of the superior court or the first available judge designated as provided in Section 629.50 may grant oral approval for an interception, without an order, if he or she determines all of the following: (1) There are grounds upon which an order could be issued under this chapter. (2) There is probable cause to believe that an emergency situation exists with respect to the investigation of an offense enumerated in this chapter. (3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate interception of a private wire or electronic communication before an application for an order could with due diligence be submitted and acted upon. (b) Approval for an interception under this section shall be conditioned upon filing with the judge, by midnight of the second full court day after the oral approval, a written application for an order which, if granted consistent with this chapter, shall also recite the oral approval under this subdivision and be retroactive to the time of the oral approval. (Amended by Stats. 2010, Ch. 707, Sec. 6. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  190. 629.58.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Wiretap orders are time-limited, must minimize unnecessary interception, and can be extended only under stated conditions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.58. No order entered under this chapter shall authorize the interception of any wire or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than 30 days, commencing on the day of the initial interception, or 10 days after the issuance of the order, whichever comes first. Extensions of an order may be granted, but only upon application for an extension made in accordance with Section 629.50 and upon the court making findings required by Section 629.52. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event any longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted so as to minimize the interception of communications not otherwise subject to interception under this chapter, and shall terminate upon attainment of the authorized objective, or in any event at the time expiration of the term designated in the order or any extensions. In the event the intercepted communication is in a foreign language, an interpreter of that foreign language may assist peace officers in executing the authorization provided in this chapter, provided that the interpreter has the same training as any other intercepter authorized under this chapter and provided that the interception shall be conducted so as to minimize the interception of communications not otherwise subject to interception under this chapter. (Amended by Stats. 2010, Ch. 707, Sec. 7. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  191. 629.60.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Interception orders must require periodic reports to the issuing judge, and the judge must end the interception if progress is lacking or continued interception is no longer needed.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.60. Whenever an order authorizing an interception is entered, the order shall require reports in writing or otherwise to be made to the judge who issued the order showing the number of communications intercepted pursuant to the original order, and a statement setting forth what progress has been made toward achievement of the authorized objective, or a satisfactory explanation for its lack, and the need for continued interception. If the judge finds that progress has not been made, that the explanation for its lack is not satisfactory, or that no need exists for continued interception, he or she shall order that the interception immediately terminate. The reports shall be filed with the court at the intervals that the judge may require, but not less than one for each period of 10 days, commencing with the date of the signing of the order, and shall be made by any reasonable and reliable means, as determined by the judge. (Amended by Stats. 2010, Ch. 707, Sec. 8. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  192. 629.61.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    When an interception order is entered, the order must require a report to the Attorney General, and the report must be filed within the interval set by the order but no later than 10 days after issuance. The Attorney General may also issue regulations on collecting and sharing the information, and must provide requested information to an applicant under the stated conditions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.61. (a) Whenever an order authorizing an interception is entered, the order shall require a report in writing or otherwise to be made to the Attorney General showing what persons, facilities, places, or any combination of these are to be intercepted pursuant to the application, and the action taken by the judge on each of those applications. The report shall be made at the interval that the order may require, but not more than 10 days after the order was issued, and shall be made by any reasonable and reliable means, as determined by the Attorney General. (b) The Attorney General may issue regulations prescribing the collection and dissemination of information collected pursuant to this chapter. (c) The Attorney General shall, upon the request of an individual making an application for an interception order pursuant to this chapter, provide any information known as a result of these reporting requirements and in compliance with paragraph (6) of subdivision (a) of Section 629.50. (Amended by Stats. 2004, Ch. 405, Sec. 9. Effective January 1, 2005. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  193. 629.62.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    The Attorney General must prepare and file an annual report on interceptions under this chapter, and prosecutorial agencies seeking interception orders must provide information for that report.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.62. (a) The Attorney General shall prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Courts on interceptions conducted under the authority of this chapter during the preceding year. Information for this report shall be provided to the Attorney General by any prosecutorial agency seeking an order pursuant to this chapter. (b) The report shall include all of the following data: (1) The number of orders or extensions applied for. (2) The kinds of orders or extensions applied for. (3) The fact that the order or extension was granted as applied for, was modified, or was denied. (4) The number of wire or electronic communication devices that are the subject of each order granted. (5) The period of interceptions authorized by the order, and the number and duration of any extensions of the order. (6) The offense specified in the order or application, or extension of an order. (7) The identity of the applying law enforcement officer and agency making the application and the person authorizing the application. (8) The nature of the facilities from which or the place where communications were to be intercepted. (9) A general description of the interceptions made under the order or extension, including (A) the number of persons whose communications were intercepted, (B) the number of communications intercepted, (C) the percentage of incriminating communications intercepted and the percentage of other communications intercepted, and (D) the approximate nature, amount, and cost of the manpower and other resources used in the interceptions. (10) The number of arrests resulting from interceptions made under the order or extension, and the offenses for which arrests were made. (11) The number of trials resulting from the interceptions. (12) The number of motions to suppress made with respect to the interceptions, and the number granted or denied. (13) The number of convictions resulting from the interceptions and the offenses for which the convictions were obtained and a general assessment of the importance of the interceptions. (14) Except with regard to the initial report required by this section, the information required by paragraphs (9) to (13), inclusive, with respect to orders or extensions obtained in a preceding calendar year. (15) The date of the order for service of inventory made pursuant to Section 629.68, confirmation of compliance with the order, and the number of notices sent. (16) Other data that the Legislature, the Judicial Council, or the Director of the Administrative Office of the United States Courts shall require. (c) The annual report shall be filed no later than April of each year, and shall also include a summary analysis of the data reported pursuant to subdivision (b). The Attorney General may issue regulations prescribing the content and form of the reports required to be filed pursuant to this section by any prosecutorial agency seeking an order to intercept wire or electronic communications. (d) The Attorney General shall, upon the request of an individual making an application, provide any information known to him or her as a result of these reporting requirements that would enable the individual making an application to comply with paragraph (6) of subdivision (a) of Section 629.50. (Amended by Stats. 2012, Ch. 162, Sec. 126. (SB 1171) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  194. 629.64.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Intercepted wire or electronic communications should be recorded if possible, preserved securely, sealed, and kept for 10 years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.64. The contents of any wire or electronic communication intercepted by any means authorized by this chapter shall, if possible, be recorded on any recording media. The recording of the contents of any wire or electronic communication pursuant to this chapter shall be done in a way that will protect the recording from editing or other alterations and ensure that the recording can be immediately verified as to its authenticity and originality and that any alteration can be immediately detected. In addition, the monitoring or recording device shall be of a type and shall be installed to preclude any interruption or monitoring of the interception by any unauthorized means. Immediately upon the expiration of the period of the order, or extensions thereof, the recordings shall be made available to the judge issuing the order and sealed under his or her directions. Custody of the recordings shall be where the judge orders. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be kept for 10 years. Duplicate recordings may be made for use or disclosure pursuant to the provisions of Sections 629.74 and 629.76 for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire or electronic communication or evidence derived therefrom under Section 629.78. (Amended by Stats. 2010, Ch. 707, Sec. 10. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  195. 629.66.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A judge must seal applications and orders under this chapter, control where they are kept, and they may be disclosed or destroyed only in limited circumstances. They must be kept for 10 years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.66. Applications made and orders granted pursuant to this chapter shall be sealed by the judge. Custody of the applications and orders shall be where the judge orders. The applications and orders shall be disclosed only upon a showing of good cause before a judge or for compliance with the provisions of subdivisions (b) and (c) of Section 629.70 and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for 10 years. (Amended by Stats. 2010, Ch. 707, Sec. 11. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  196. 629.68.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    The judge must order the requesting agency to serve an inventory on named persons and other known parties within the stated time limit, and the judge may allow inspection of certain intercepted materials or postpone service for good cause.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.68. Within a reasonable time, but no later than 90 days, after the termination of the period of an order or extensions thereof, or after the filing of an application for an order of approval under Section 629.56 which has been denied, the issuing judge shall issue an order that shall require the requesting agency to serve upon persons named in the order or the application, and other known parties to intercepted communications, an inventory which shall include notice of all of the following: (a) The fact of the entry of the order. (b) The date of the entry and the period of authorized interception. (c) The fact that during the period wire or electronic communications were or were not intercepted. The judge, upon filing of a motion, may, in his or her discretion, make available to the person or his or her counsel for inspection the portions of the intercepted communications, applications, and orders that the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge, the serving of the inventory required by this section may be postponed. The period of postponement shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted. (Amended by Stats. 2010, Ch. 707, Sec. 12. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  197. 629.70.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A defendant must be told when identification came from an interception, and the prosecution must give the defendant the intercepted recordings and related materials on the subdivision (c) timeline.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.70. (a) A defendant shall be notified that he or she was identified as the result of an interception that was obtained pursuant to this chapter. The notice shall be provided prior to the entry of a plea of guilty or nolo contendere, or at least 10 days prior to any trial, hearing, or proceeding in the case other than an arraignment or grand jury proceeding. (b) Within the time period specified in subdivision (c), the prosecution shall provide to the defendant a copy of all recorded interceptions from which evidence against the defendant was derived, including a copy of the court order, accompanying application, and monitoring logs. (c) Neither the contents of any intercepted wire or electronic communication nor evidence derived from those contents shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding, except a grand jury proceeding, unless each party, not less than 10 days before the trial, hearing, or proceeding, has been furnished with a transcript of the contents of the interception and with the materials specified in subdivision (b). This 10-day period may be waived by the judge with regard to the transcript if he or she finds that it was not possible to furnish the party with the transcript 10 days before the trial, hearing, or proceeding, and that the party will not be prejudiced by the delay in receiving that transcript. (d) A court may issue an order limiting disclosures pursuant to subdivisions (a) and (b) upon a showing of good cause. (Amended by Stats. 2010, Ch. 707, Sec. 13. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  198. 629.72.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Any person in a trial, hearing, or proceeding may move to suppress intercepted wire or electronic communications, or evidence from them, only if they were obtained in violation of the Fourth Amendment or this chapter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.72. Any person in any trial, hearing, or proceeding, may move to suppress some or all of the contents of any intercepted wire or electronic communications, or evidence derived therefrom, only on the basis that the contents or evidence were obtained in violation of the Fourth Amendment of the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in Section 1538.5. (Amended by Stats. 2010, Ch. 707, Sec. 14. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  199. 629.74.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Certain California law-enforcement officials may disclose intercepted wire or electronic communication contents only to specified recipients and only if Section 629.82 and official-duty requirements are satisfied; other disclosures are barred before a public court hearing, except to a grand jury.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.74. The Attorney General, any deputy attorney general, district attorney, or deputy district attorney, or any peace officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or electronic communication, or evidence derived therefrom, may disclose the contents to one of the individuals referred to in this section, to any judge or magistrate in the state, and to any investigative or law enforcement officer as defined in subdivision (7) of Section 2510 of Title 18 of the United States Code to the extent that the disclosure is permitted pursuant to Section 629.82 and is appropriate to the proper performance of the official duties of the individual making or receiving the disclosure. No other disclosure, except to a grand jury, of intercepted information is permitted prior to a public court hearing by any person regardless of how the person may have come into possession thereof. (Amended by Stats. 2010, Ch. 707, Sec. 15. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  200. 629.76.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Certain law enforcement and prosecutorial अधिकारियों may use lawfully obtained wire or electronic communication contents, or evidence from them, only when that use fits their official duties and complies with Section 629.82.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.76. The Attorney General, any deputy attorney general, district attorney, or deputy district attorney, or any peace officer or federal law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire or electronic communication, or evidence derived therefrom, may use the contents or evidence to the extent the use is appropriate to the proper performance of his or her official duties and is permitted pursuant to Section 629.82. (Amended by Stats. 2010, Ch. 707, Sec. 16. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)

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